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TAXATION
Member
Megan L. Brackney

Office Address
Kostelanetz & Fink, LLP
7 World Trade Center, 34th Fl.
New York, NY 10007

Phone: 212-808-8100
Fax: 212-808-8108
Email: mbrackney@kflaw.com


PROFESSIONAL


EXPERIENCE                      


 


Partner, Kostelanetz & Fink, LLP                    2004 to present


 


Represent private clients involved in civil and criminal tax controversies and voluntary disclosures


Provide clients with advice on broad range of individual, estate, business, and international tax Issues


Represent clients in white-collar  criminal investigations and prosecutions


 


ASSISTANT U.S. ATTORNEY,                                            2000 to 2004


SOUTHERN DISTRICT OF NEW YORK                         


Represented the U.S., its agencies, and officials in civil litigation


Briefed and argued over twenty appeals in the United States Court of Appeals for the Second Circuit


 


ASSISTANT ATTORNEY GENERAL,                                1998 to 2000


STATE OF MISSOURI                                                        


Represented the state of Missouri, its agencies, and officials in civil rights and employment discrimination lawsuits


 


OFFICES AND APPOINTMENTS


 


SECRETARY, American Bar Association                               2011 to present


Section of Taxation                                                                


CHAIR, Individual and Family Taxation Committee              2009 to 2011


American Bar Association, Section of Taxation                     


                                               


SUBCOMMITTEE CHAIR FOR IMPORTANT                 2007 to present           


CRIMINAL DEVELOPMENTS, Civil and Criminal                       


Penalties Committee, American Bar Association Section of Taxation


 


JOHN T. NOLAN FELLOW, American Bar Association    2008 to 2009


                                                                                                                                               


PRO BONO PANEL, United States Court of Appeals                      2005 to 2007


for the Second Circuit                                                            


 


                                               


MEMBER


New York County Lawyer’s Association


New York Bar Association, Taxation Committee


Federal Bar Council


 


TEACHING EXPERIENCE            


NEW YORK LAW SCHOOL, NEW YORK, NY,                2009 to 2010


ADJUNCT FACULTY                                                                       


Developed and taught seminar on civil tax litigation


                                               


BROOKLYN LAW SCHOOL, BROOKLYN, NY,              2002 to 2006


ADJUNCT FACULTY                                                                       


Taught Legal Research and Writing to first-year law students


Taught advanced course in Fundamentals of Legal Drafting to second-year and third-year law students


 


EDUCATION                       


NEW YORK UNIVERSITY, SCHOOL OF LAW, New York, NY LL.M. (Taxation), 2009


 


UNIVERSITY OF KANSAS, SCHOOL OF LAW, Lawrence, KS J.D., 1998


 


UNIVERSITY OF KANSAS, Lawrence, KS B.A., Philosophy, with Departmental Honors, 1995


 


                       


TREATISES              


Contributing author, Tax Controversies: Audits, Investigations, Trials, 2 vols. (LexisNexis, 30th Rev., 2011)


 


Contributing author, Effectively Representing Your Client Before the            IRS, 2 vols. (5th Ed., 2011) (American Bar Association, Section of Taxation)


 


ARTICLES                


Between a Rock and a Hard Place:  Immigration Consequences of a Criminal Tax Conviction,” Criminal Justice, Vol. 25, Issue No. 3 (Fall 2010)


 


“Tax Crimes and Defenses:  Points to Remember,” ABA Section of Taxation Newsletter (Spring 2010)


 


“Stuck with the Bill?  An Executor’s Personal Liability for Unreported Foreign Accounts,” Journal of Taxation (September 2009) (coauthor Arnold Y. Kapiloff, Kostelanetz & Fink, LLP)


 


“The New and Improved Section 6694 Tax Return Preparer Penalty,” 50 Tax Mgt. Memo. 131 (March 20, 2009) (coauthor Bryan C. Skarlatos, Kostelanetz & Fink, LLP)


 


“The Impact of Code Sec. 7491 Burden-Shifting in Tax Controversy Litigation,” Journal of Tax Practice & Procedure (Aug.-Sept. 2007)


 


“When Crime Doesn’t Pay:  The Tax Consequences of Criminal Conduct,” Journal of Taxation (Nov. 2005)


 


“Circular 230:  Legitimate Regulation or Unconstitutional Intrusion into the Attorney Client Relationship,” Journal of Tax Practice & Procedure (Aug.-Sept. 2005)


 


 


PRESENTATIONS  


Attention All Accountants & Attorneys:  Sterling National Bank Presents CPE/CLE Seminar, Foreign Bank and Financial Accounts (FBAR) Regulations,” New York, NY, May 3, 2011


 


“The Nuts and Bolts of Innocent Spouse; Relief from Joint and Several Liability,” New York County Lawyer’s Association, New York, NY, April 27, 2011


 


“Collection:  Current Issues and Comparative Perspectives,” American Bar Association, Taxation Section, Toronto, ON, September 25, 2010


 


“Innocent Spouse on the Front Lines,” American Bar Association, Taxation Section, San Antonio, TX, January 23, 2010


 


“Keeping Your Nose Clean:  How to Stay Out of Jail,” American Bar Association, Taxation Section, San Antonio, TX, January 22, 2010


 


“Requesting Information from the IRS,” American Bar Association, Taxation Section, Chicago, IL, September 26, 2009 


 


“Preserving Privilege and Avoiding Penalties in Transactional Tax Advice,” American Bar Association, Annual Meeting, New York, NY, August 9, 2008


 


“Taxing Damages, Deducting Attorney’s Fees and Other Litigation Tax Issues,” American Bar Association, Taxation Section,  Washington D.C., May 9, 2008


 


“Mortgage Forgiveness Debt Relief Act of 2007,” American Bar Association,            Taxation Section, Washington D.C., May 10, 2008


 


“New Standards and Higher Penalties for Practitioners Who Give Tax Advice,” American Bar Association, Taxation Section, Plenary Session, Lake Las Vegas, NV, January 19, 2007


“The Use and Abuse of the Charitable Deduction,” American Bar Association, Taxation Section, Vancouver, B.C., September 28, 2007


“Care and Feeding of Entertainers:  Tax Issues,” American Bar Association, Taxation Section, Washington D.C., May 11, 2007


“Virtual Income or Just Plain Fun: Taxing On-Line Gaming,” American Bar Association, Taxation Section, Denver, CO, October 20, 2006


“It’s Not Easy Collecting Green:  Tax Collection by Private Collection Agencies,” American Bar Association, Taxation Section, Washington D.C., May 6, 2006


“Weathering Disaster:  Tax Implications of Hurricane Katrina,” American Bar Association, Taxation Section, San Diego, CA, February 4, 2006

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