Minutes February 2008

The Tax Law Section Council met this date via conference call. Participating members included Shawn Flanagan, Maurice Holloway, Tod Hyche, Gem McDowell, Jack Muench, Lester Schwartz and Tim Thompson. Representing the Bar staff was Tara Smith.

Chairperson Holloway called the meeting to order.

The first item of business was approval of the minutes from the August 22, 2007, meeting. A motion was made to approve the minutes. The motion was seconded, and it was approved.

The next item of business was discussion on the Section newsletter. It was reported that the deadline to submit articles for the next issue was April 11, 2008. Mr. Holloway encouraged the Council to submit an article. Mr. Flanagan volunteered to submit an article on Caselaw.

In the next item of business was discussion on FY2008-09 Council nominations. It was reported that Aaron Schaal had resigned his position as general Council member, term expiring in 2010. Mr. Holloway welcomed nominations from the Council. After discussion, Lester Schwartz was elected to fill Mr. Schaal's unexpired term.

Next was discussion on the 2008 Bar Convention. Mr. Holloway announced that the Tax Law seminar was well attended. He opined that participation at the reception was poor. He reported that the 2009 Bar Convention was scheduled for January 22-25 in Myrtle Beach. He asked for input on potential speakers and topics for next year's CLE and welcomed a volunteer to serve as the Section CLE Course Planner. Mr. Flanagan and Mr. McDowell agreed to coordinate the seminar. After discussion the following topics and speakers were suggested, asset protection, Barry Engel or Gidion Rothchild and IRS disputes, David Altrie. Additional suggestions were to be submitted to Ms. Smith. She was to compile a list of suggestions and forward it to the Council for further discussion.

Next was discussion on the NC/SC Tax Workshop. It was reported the workshop was scheduled for May 23 & 24 in Kiawah. Ms. Smith asked if the Section was interested in sponsoring a refreshment break or luncheon. She was to contact the NC Bar to further research sponsorship opportunities and the Section's involvement in coordinating the event.

In closing, Mr. Holloway discussed the on SC Real Property Valuation Reform Act. Subsection B of section 12-37-3150 provided no exception for a transfer to a single member LLC that transfer must be accomplished by a deed. It was the consensus of the Council that the bill needed clarification. Mr. Holloway and Mr. Muench were to further research. Mr. Holloway volunteered to draft a proposal and submit it to the Council for review. Ms. Smith noted that the Council’s recommendations to amend the bill were to be submitted to the House of Delegates for consideration.

There being no further business to discuss, the meeting was adjourned.