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Honourable Justice Dalveer Bhandari To Speak At SABA Toronto Event

September 16, 2013

THE South Asian Bar Association of Toronto and the and Osgoode Hall Law School will be hosting a Cocktail Reception on September 24, 2013 featuring special guest speaker the Honourable Justice Dalveer Bhandari. Justice Bhandari is a member of the International Court of Justice, and has been a judge in the higher Indian judiciary for more than 20 years. He currently serves as a senior judge in the Supreme Court of India. He has been an Executive Member of the International Law Association, India Chapter, since 1994. He was unanimously elected as President of the India International Law Foundation in 2007 and continues in that position. He served as a judge in the High Court of Delhi and then was the Chief Justice of the Bombay High Court. Justice Bhandari had a distinguished and successful career as an attorney at law for 23 years before he became a judge in the Indian higher judiciary in 1991.

Event Details:
6:00 – 8:00 p.m.
Blaney McMurtry LLP
2 Queen Street East, Suite 1500
Toronto, Ontario M5C 3G5
Please RSVP to adrgs@osgoode.yorku.ca

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Cleveland-Marshall College of Law Seeking Diverse Attorneys Interested in Teaching

September 11, 2013

The Cleveland-Marshal College of Law (“CM Law”) is looking for diverse, local attorneys who might be interested in teaching the following courses at C|M|LAW in the spring semester: (1) Agency and Partnership and (2) Labor Law. The law school is interested in and needs more diversity among its faculty and this is a great opportunity for lawyers wishing to explore the academic side of the law. Interested persons should contact Sonali B. Wilson, General Counsel
Cleveland State University, at s.b.wilson@csuohio.edu.

Losing Tax Deductions – Perils for Forei

September 4, 2013

Losing Tax Deductions – Perils for Foreign Corporations Doing Business in the U.S.
Introduction

A foreign corporation may be eligible for a waiver of the deadline to file a U.S. tax return and thereby avoid losing deductions and credits against U.S. income if the foreign corporation can demonstrate it acted reasonably and in good faith.

Background and Overview

If a foreign corporation conducts a trade or business in the U.S., such foreign corporation is subject to U.S. taxation on any income that is effectively connected with such trade or business. A foreign corporation with a trade or business in the U.S. may avoid being taxed in the U.S. altogether if: 1) it is eligible for benefits of a tax treaty with the United States; and 2) the trade or business conducted by the foreign corporation in the U.S. does not rise to the level of a permanent establishment in the U.S., as defined under the applicable tax treaty. The risk of foreign corporations losing deductions and credits applies whether or not treaty benefits are available.

The Internal Revenue Code and corresponding treasury regulations offer little guidance regarding what constitutes a U.S. trade or business. Foreign corporations should tread delicately when asserting that their activities in the U.S. due not constitute a trade or business. The determination of whether or not a foreign corporation is engaged in a U.S. trade or business generally is a factual question that the IRS will not rule on in a private letter ruling.

Even if a foreign corporation determines it has no U.S. trade or business, it may still wish to consider filing a protective return to protect its right to deductions and credits in case it is audited and the IRS asserts it does have income effectively connected to a U.S. trade or business.

The “acting reasonably and in good faith” standard for waiver in the 2002 regulations appears to be more lenient than the 1990 regulations, which required an affirmative showing of “good cause” to be eligible for waiver. The IRS will analyze the following factors presented in the 2002 regulations to determine if a foreign corporation acted reasonably and in good faith:
1) Whether the corporation voluntarily identified itself to the IRS as having failed to file a U.S. income tax return before the IRS discovered the failure to file;
2) Whether the corporation did not become aware of its ability to file a protective return (as defined in the 2002 regulations) by the deadline for filing a protective return;
3) Whether the corporation had not previously filed a U.S. income tax return;
4) Whether the corporation failed to file a U.S. income tax return because, after exercising reasonable diligence (taking into account its relevant experience and level of sophistication), the corporation was unaware of the necessity for filing the return;
5) Whether the corporation failed to file a U.S. income tax return because of intervening events beyond its control; and
6) Whether other mitigating or exacerbating factors existed.

The 2002 regulations also present six helpful examples that conclude whether or not the foreign corporation will be granted waiver in different factual scenarios. We’ll examine these examples separately in future blog posts.

Practical Takeaway

When advising foreign corporations, it is critical to develop the facts, circumstances and actions taken by the foreign corporation prior to and after becoming aware of their U.S. tax return filing obligation. Filing a protective return when there is doubt whether the foreign corporation had income effectively connected to a U.S. trade or business could result in major tax savings, especially where the foreign corporation’s U.S. activities were profitable and expenses can be attributed to such profit generating activities.

SABA-SC Applauds the Historic Appointmen

August 28, 2013

SABA-SC Applauds the Historic Appointment of Alka Sagar as Magistrate Judge of the U.S. District Court for the Central District of California

The South Asian Bar Association of Southern California (“SABA-SC”) (www.sabasc.org) applauds Alka Sagar’s appointment as Magistrate Judge for the United States District Court for the Central District of California. Alka will be the first South Asian female federal judge in the Central District and west of the Mississippi.

“This appointment is exciting,” stated Puneet V. Kakkar, SABA-SC President. “Alka has been a leader and a mentor for South Asian attorneys for more than two decades. She has embraced public service her entire life, and the bench and people of the Central District will be enriched with her appointment.” Alka has been an Assistant United States Attorney for the past twenty-six years, and has served as Deputy Chief of the Major Frauds and Major Crimes Sections. She has handled a large number of significant criminal cases from initial investigation, prosecution and appellate review, including the nation’s first adoption fraud prosecution, the largest cash robbery in U.S. history, a complex fraud and money laundering case involving a British expatriate in which she worked closely with Scotland Yard, and the criminal tax and bankruptcy fraud prosecution of a civil rights attorney. In addition to receiving numerous commendations from federal law enforcement agencies for her work, she is a recipient of the Attorney General’s Director’s Award for Superior Performance and has been named as one of the top fifty trial lawyers in Los Angeles by the Los Angeles Business Journal. She is also asked to regularly speak on issues involving tax fraud before the American Bar Association and International Bar Association.

Alka has also been significantly committed to the community. She has served as a Judge Pro Tem for the Los Angeles Superior Court, participated in Project Lead, a program in which prosecutors teach inner city school children about the legal system, and volunteered with Public Counsel to assist low income families with adoptions. She has also served on the Board of Directors for SABA-SC, most recently as SABA-SC’s Judicial Appointments Co-Chair. In 2009, SABA-SC’s Public Interest Foundation awarded Alka with the Trailblazer Award for her career accomplishments. She is also featured in many panels hosted by organizations such as the North American South Asian Bar Association (NASABA).

Alka will join Magistrate Judge Jay C. Gandhi, former SABA-SC President, on the bench. Judge Gandhi remarks that “as a decorated federal prosecutor and, now, the first South Asian female federal judge in California, [Judge Sagar] exemplifies the best of America, and the Court is privileged to have her ample talents at hand. She has not only one of the sharpest legal minds, but the rare gift of impeccable judgment. She has also exhibited a steadfast commitment to public service. In sum, Judge Sagar is an extraordinary person, and I am confidant she will be a terrific jurist.”

Chief Magistrate Judge Suzanne Segal noted that Alka has been “an enormously well respected member of the United States Attorney’s Office and lawyer. She is admired for her tremendous skill as a lawyer and also for her extraordinarily calm and gracious temperament. She will make an outstanding addition to our bench.”

Beong-Soo Kim of Jones Day praised Alka for embodying “the noblest qualities of the legal profession. No one has worked harder, with greater passion and compassion, in the pursuit of justice. We in this District are very fortunate that Alka will be bringing these remarkable qualities to the magistrate bench. She will be superb.”

For more information, please contact Vikas Bhargava, SABA-SC Publicity Co-Chair, at socalsaba@gmail.com.

South Asian Lawyers Named to the Lawyers

August 20, 2013

South Asian Lawyers Named to the Lawyers of Color Hot List

The South Asian Bar Association of Greater Boston is proud to announce that three of its Board members: Padma Choudry, associate of Nutter, McClennen & Fish specializing in Intellectual Property; Gauri Patil Punjabi, associate of Nixon Peabody and member of the Labor & Employment group; and Shrutih Tewarie, associate of Foley Hoag in the Litigation department, have been named to the Lawyers of Color’s Inaugural Hot List for the Eastern Region, which recognizes early- to mid-career attorneys who are excelling in the legal profession.

The honorees were chosen by a selection committee comprised of the editorial staff and advisers, as well as law school fellows and interns, who spent months reviewing nominations and researching bar publications and legal blogs in order to identify promising candidates. In addition, nominations from mentors, peers, and colleagues were accepted. Editorial picks were also based on research of attorneys who had noteworthy accomplishments or were active in legal pipeline initiatives.

President of the South Asian Bar Associa

August 15, 2013

President of the South Asian Bar Association of Greater Boston Appointed to Judicial
Nomination Commission

Massachusetts Governor Deval Patrick has appointed Manisha Bhatt, President of the South
Asian Bar Association of Greater Boston (SABA GB) to serve as a commissioner on the Judicial Nominating Commission (JNC). The JNC is a non-partisan, non-political, and non-compensated entity of twenty-one distinguished volunteers that advises Governor Patrick about clerk magistrate and judicial appointments to the appellate and trial courts throughout the Commonwealth.

Manisha is a Senior Attorney in the Family Unit of Greater Boston Legal Services (GBLS).
Since 2001, she has been representing underprivileged survivors of domestic violence in divorce, paternity, and abuse prevention proceedings in the Probate and Family Court. She was awarded the BBA’s 2011 John G. Brooks Legal Services Award, the North American South Asian Bar Association (NASABA) Cornerstone Award in 2009 as well as SABA GB’s 2007 Board Member of the Year and Member of the Year Awards. Manisha is a graduate of Boston College and Suffolk University Law School.

SABANY Announces 2013 Annual Leadership

August 8, 2013

SABANY Announces 2013 Annual Leadership Awardees

SABANY is thrilled to announce the following honorees will be accepting awards at the Annual Leadership Awards Gala on September 25, 2013 at Tribeca Rooftop.

SABANY Corporate Leadership Award
Sipi Bhandari
Director and Associate General Counsel
Head of M&A — Legal Americas
Deutsche Bank AG New York

SABANY Access to Justice Award
Jameel Jaffer
Director
American Civil Liberties Union Center for Democracy

SABANY Legal Trailblazer Award
Anurima Bhargava
Chief
Educational Opportunities Section, Civil Rights Division
United States Department of Justice

SABANY Litigation Achievement Award
Susheel Kirpalani
Partner
Quinn Emanuel Urquhart & Sullivan, LLP

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