ATTORNEY BIOGRAPHY Marc A. Simonetti Partner New York P: 212.389.5015 E: marc.simonetti@sutherland.com Education J.D., St. John's University School of Law, Member, American Bankruptcy Institute Law Review, Director of Moot Court Competition, Moot Court Honor Society B.A., Ithaca College Bar Admissions New Jersey New York Illinois Background Marc Simonetti s practice focus is state and local taxation. From controversy to consulting, Marc advises clients on matters across the United States in all areas of state and local taxation, including income, franchise, excise, property, sales and use tax. Marc zealously represents clients in controversy matters from audit through litigation defending clients positions and working to achieve practical solutions to controversy matters. He represents clients at all levels of controversy from administrative appeal to appellate litigation and advises clients on audit matters before state tax authorities, including administrative appeals. Further, Marc represents clients in all aspects of litigation from discovery, depositions, motion practice, trial and appeal. Recognizing the inherent risks in litigation, Marc is skilled in pursuing the controversy matter to the best resolution for the client. Understanding that state and local tax issues affect long-term business decisions and day-to-day operations, Marc advises Fortune 100 clients to maximize their opportunities and minimize their tax liabilities. Marc understands the national state tax landscape and advises his clients on the most tax efficient way to conduct business operations and avoid costly missteps. In the changing business environment where many clients face new and difficult tax issues regarding the application of old tax laws to new technology, Marc advises clients on the tax consequences of participating in the digital economy. In addition, he counsels clients on transactional matters, including mergers, acquisitions, dispositions and restructuring for maximum tax efficiency. Experience Sutherland secures favorable resolution of New Jersey tax dispute for telecom and media client. Sutherland represents Internet travel company in New York tax dispute. Sutherland advises technology firm on state tax planning and restructuring. Awards Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of tax (2012-2016)
PAGE 2 Professional Activities Advisory Board Member, The National Multistate Tax Symposium Member, Editorial Board, The Tax Lawyer State and Local Tax Edition, American Bar Association Member, State and Local Tax Committee, Tax Section, American Bar Association Former Member, Tax Section, New York State Bar Association (2006) Articles New York State Untangles Unauthorized Insurance Company Taxation (March 17, 2016) Law360 Six New York Tax Reform Decisions to Make in 2015 (February 9, 2015) State Tax Today and State Tax Notes A Pinch of SALT: Heads They Win, Tails You Lose: New York Decombination and Discretionary Adjustments (May 19, 2014) State Tax Notes A Pinch of SALT: The Deliberative Process Privilege In State Controversy Matters (December 10, 2012) State Tax Notes A Pinch of SALT: Auditors Must Not Use Jeopardy Assessments to Coerce Taxpayers (April 11, 2011) Reprinted with permission State Tax Notes Vantage Viewpoints: How the Tax and Legal Departments Work Together to Add Value (Winter 2010) Partnering Perspectives A Pinch of SALT: State Tax Issues Resulting From IRS Announcement 2010-9 (May 3, 2010) Reprinted with permission State Tax Notes The Work-Product Doctrine and State Tax Accrual Workpapers (November 3, 2008) Reprinted with permission State Tax Notes New York Reduces Franchise Tax Rate, Accelerates Single Sales Factor and Clarifies Combined Reporting Rules (July 2007) Reprinted with permission Practical U.S./Domestic Tax Strategies Presentations Ohio SALT Day Program (December 12, 2016) Tax Executives Institute (TEI)
PAGE 3 The Changing State and Local Tax Landscape Counsel s Perspective (November 9, 2016) TEI New York State and Local Chapter Meeting TEI Annual Conference (October 16, 2016 - October 19, 2016) TEI Annual Conference TEI s Audits & Appeals Seminar: Meeting the Tax Controversy Needs of In-House State Tax Professionals (June 13, 2016 - June 15, 2016) IPT Annual Conference (June 12, 2016 - June 15, 2016) IPT Annual Conference NYS Corporate Tax Reform Implementation and Compliance (June 9, 2016) The Business Council Annual Conference on State Taxation The Most Important State and Local Tax Litigation (May 13, 2016) TEI New Jersey Chapter All-Day Spring Seminar The Business Council's Annual Conference on State Taxation (May 9, 2016) State Conformity to Federal Consolidated Return Regulations (April 21, 2016) COST Spring Audit Session/Income Tax Conference Indirect/Sales/Use and Gross Receipts Taxation A Practical Approach for Managing Risk and Controversy Both Pre-and-Post Audit Assessment (February 5, 2016) National Multistate Tax Symposium Receipts Factor Sourcing for Financial Services (January 21, 2016) Sutherland SALT Financial Services Roundtable What You Need to Know in SALT: A Legislative, Regulatory and Judicial Update (October 21, 2015) TEI Annual Conference Corporate Transfer Pricing and Intercompany Transactions (September 28, 2015) NESTOA 2015 Conference State Tax Implications of Commodities Transactions (September 10, 2015) Sutherland SALT Houston Roundtable False Claims, Qui Tam and Class Actions (July 15, 2015) NYU - Summer Institute in Taxation Living with New York State Corporate Tax Reform: Key Compliance Issues (June 10, 2015) The Business Council s 2015 Annual Conference on State Taxation State Tax Implications of International Transactions (June 3, 2015) TEI New York Chapter Annual Meeting
PAGE 4 Best Practices for Protests and Litigation (May 21, 2015) TEI Audits & Appeals Seminar Corporate Income Tax Audits - Recent Cases and Current Trends (May 21, 2015) TEI Audits & Appeals Seminar State Controversy and Legislative Update (May 13, 2015) TEI Denver Chapter Developments in Sourcing (May 13, 2015) TEI Denver Chapter The Next Chapter in Transfer Pricing (May 13, 2015) TEI Denver Chapter Current State Taxation of Foreign Business Operations and Transactions (April 21, 2015) COST Spring Audit Session & Income Tax Conference Beyond New York Tax Reform: What Really Happened? (February 6, 2015) The 2015 National Multistate Tax Symposium Six Must-Decide-Now Aspects of New York Tax Reform (December 5, 2014) TEI New York Chapter 51st Annual Tax Symposium California Tax Policy Conference (November 6-8, 2014) TEI 69th Annual Conference (November 2-5, 2014) COST 45th Annual Meeting (October 19-22, 2014) NESTOA 2014 Annual Conference (September 28-October 1, 2014) Overview of New York State Corporate Tax Reform (September 17, 2014) TEI Seattle Chapter Meeting New York State Corporate Tax Reform (June 12, 2014) The Business Council of New York State Annual Tax Conference National Litigation Update and a Review of New York Tax Changes (May 28, 2014) TEI Houston Chapter Meeting 2014-2015 New York State Tax Reform (May 14, 2014) TEI Westchester/Fairfield Chapter Tax Education Day The Latest and Greatest in State Tax Litigation (May 6, 2014) TEI Upstate New York Tax Conference Settlement and Litigation: Best Practices and Strategies and Nationwide State Tax Case Developments (March 26, 2014) TEI Detroit Chapter
PAGE 5 My State's Better Than Yours (February 6, 2014) The National Multistate Tax Symposium To Conform or Not To Conform: What s All the Fuss About? (November 7, 2013) California Tax Policy Conference Because I Said So: Forced Combination, Alternative Apportionment, and Taxpayers Concerns About State Transparency (October 28, 2013) TEI Annual Conference The Art of Settlement: Reaching a Win/Win with Tax Administrators (May 20-22, 2013) COST Spring Audit Session/Income Tax Conference Latest and Greatest State Tax Litigation (May 16-17, 2013) TEI New Jersey Chapter Meeting Because I Said So: Forced Combination, Alternative Apportionment and Taxpayer Transparency Concerns (May 9-11, 2013) ABA Section of Taxation May 2013 Meeting Ethical Dilemmas (May 7, 2013) NYSBA 17th Annual New York State and City Tax Institute Apportionment (February 6-8, 2013) National Multistate Tax Institute Lessons Learned: State Tax Litigation Developments in California and New York (November 2012 ) Tax Executives Institute, Atlanta Practical Guide to Handling State Tax Controversies (October 29, 2012) 67th Annual TEI Conference Current Trends in Alternative Apportionment (August 6, 2012 - August 7, 2012) Advanced State and Local Tax Institute, Georgetown Law Center State and Local Tax Roundtable (July 26, 2012) Sutherland SALT TEI Region VII Conference (June 27, 2012 - July 1, 2012) TEI Region VII SALT Roundtable - Houston (May 10, 2012) Sutherland SALT Roundtable TEI New York State and Local Tax Chapter Meeting (May 8, 2012) Tax Executives Institute (TEI)
PAGE 6 TEI Nashville Chapter Spring Seminar - State Tax Settlement Strategies (May 2, 2012) TEI Dallas/Fort Worth Tax School - Alternative Apportionment: Sword or Shield (April 24, 2012) TEI Dallas 16th Annual New York State and City Tax Institute (April 19, 2012) New York State and City Tax Institute State and Local Tax Session (February 28, 2012) TEI Florida Chapter State Tax Consequences of Federal Tax Controversies (February 21, 2012) TEI s 2012 IRS Audits & Appeals Seminar: The Ever-Changing Face of Tax Controversy Unitary Combined Reporting: The Not So Unitary Application of the Unitary Business Principle (February 8, 2012) TEI Westchester-Fairfield Chapter Meeting State and Local Tax Half-Day Seminar (November 30, 2011) TEI Rochester Chapter New York State Tax Audit Developments (November 14, 2011) Wall Street Tax Educational Corp. and Wall Street Tax Association s Fall Seminar National Trend of Alternative Apportionment (November 11, 2011) TEI New Jersey Chapter Meeting Sutherland SALT Financial Services Roundtable (October 5, 2011) Sutherland Current New York Tax Matters (September 22, 2011) Wall Street Tax Educational Corp. and Wall Street Tax Association Breakfast Seminar What Keeps a Corporate State Tax Director Up at Night? (September 19-21, 2011) NESTOA Annual Meeting TEI Region VII Conference (June 22, 2011 - June 26, 2011) Tax Executives Institute 61st TEI Midyear Conference (April 4, 2011 - April 6, 2011) Tax Executives Institute Nexus Issues for Non-Income Taxes (February 11, 2011) TEI New Jersey Chapter Meeting National Multistate Tax Symposium Multistate Tax: Navigating an Economy of Transition (February 2, 2011 - February 4, 2011) National Multistate Tax Symposium
PAGE 7 Nexus Issues for Non-Income Taxes (December 8, 2010) TEI New York Chapter 47th Annual Tax Symposium Council On State Taxation (COST) Southwest/West Regional State Tax Seminar (October 28, 2010) State Tax Consequences of Federal Tax Controversies (May 18, 2010 - May 21, 2010) Tax Executives Institute s (TEI) IRS Audits & Appeals Seminar TEI Cincinnati Chapter Meeting (April 26, 2010) Tax Executives Institute New York Chapter Meeting - State Taxation Update (February 24, 2010) Tax Accounting Update: Best Practices for FIN48/FAS5/Privilege (December 10, 2009) TEI New York Chapter s 46th Annual Tax Symposium SALT Program (December 2, 2009) Tax Executives Institute Rochester Chapter Expect the Unexpected (November 20, 2009) Tax Executives Institute New Jersey Chapter Wisconsin Unitary Combined Reporting (October 1, 2009) Council on State Taxation (COST) Midwest Regional Meeting Unitary Combined Reporting (May 20, 2009) Tax Executives Institute Westchester/Fairfield Chapter Meeting State Legislative Environment (May 5, 2009) Tax Executives Institute (TEI) Tri-Chapter Meeting What Needs to be Disclosed When? (March 11, 2009) New York State Bar Association (NYSBA) 13th Annual New York State and City Tax Institute Feeling the Pinch: How State Budgetary Pressures Will Affect Your Dispute Resolution Strategy (February 25, 2009) Tax Executives Institute New York Chapter Meeting Hot Topics: Sales and Use Tax (February 7, 2009 - February 8, 2009) 2009 National Multistate Tax Symposium State Budget Deficits How to Handle Aggressive Auditors Winning State Tax Audits and Controversies During Difficult Economic Times (January 21, 2009) Tax Executives Institute Westchester/Fairfield Chapter Meeting What s Happening Everywhere Today? (January 21, 2009) New York University Institute on State and Local Taxation NYU Institute on State and Local Taxation (December 15-16, 2008)
PAGE 8 Tax Strategy for Business Combinations and Collaborative Agreements (November 17, 2008 - November 18, 2008) The Center for Business Intelligence s 3rd Annual Pharma/Biotech Tax and Transfer Pricing Congress Special Problems with FIN 48 (Part I): State and Local Tax and Transfer Pricing (November 13, 2008 - November 14, 2008) Tax Executives Institute Seminar Staying Afloat in a Sea of Change: Practical Approaches to Complex Financial Reporting Issues Nexus (October 29-30, 2008) Interstate Tax Seminar, Advance Sales and Use Seminar FIN 48 and State Tax Issues (October 20, 2008 - October 21, 2008) Tax Executives Institute Annual Meeting Managing the State Tax Consequences of Your Federal Audit (September 18, 2008 - September 19, 2008) Tax Executives Institute (TEI) IRS Audit & Appeals Seminar Dealing With the Increasing Transparency and Disclosure Requirements of Tax Return Information (July 31, 2008) Council on State Taxation (COST) - Great Issues Conference Tax Executives Institute (TEI) Region VII Conference (July 10, 2008 - July 13, 2008) Tax Executives Institute's Region II - Tax Forum 2008 (June 17, 2008 - June 18, 2008) State Work-Product Doctrine Protection for Tax Workpapers (May 5, 2008) Tax Section, American Bar Association State Tax Planning Developments (April 3, 2008) Tax Executives Institute Oklahoma Chapter The Latest and Greatest State Tax Litigation (February 15, 2008) Tax Executives Institute New Jersey Chapter What s Happening Everywhere Today? (February 15, 2008) New York University Institute on State and Local Taxation Unique Challenges of State Tax Issues Under FIN 48 (October 2007) Tax Executives Institute (TEI) Financial Reporting Seminar FIN 48: Practical Considerations and Implementation Issues (April 2007) TEI 57th Annual Mid-year Meeting Un-Income Taxes: The Details of Gross Receipts Taxes (February 2007) The National Multistate Tax Symposium
PAGE 9 Council on State Taxation (COST) 42nd Annual Meeting (October 18-21, 2011) STARTUP Conference (May 14, 2009)