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2025-08-21 13:00:00

2 Credits

Navigate estate and gift tax controversies from audit through litigation, covering privilege protections, IRS examinations, anti-abuse doctrines, and expert communications.

2025-08-21 13:00:00

Navigate estate and gift tax controversies from audit through litigation, covering privilege protections, IRS examinations, anti-abuse doctrines, and expert communications.

2025-08-21 13:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn strategic approaches for managing IRS involvement in estate and gift tax matters, from initial planning through audit, appeals, and Tax Court litigation.

What will you gain

Attorneys will gain practical frameworks for protecting privilege, managing expert communications, responding to anti-abuse doctrine arguments, and preparing effectively for litigation.

Client Definition
Properly defining the client shapes privilege protections throughout the entire controversy process.
Audit Process
Estate tax audits involve attorneys, focus on valuation, and have strict statute limitations.
Anti-Abuse Doctrines
Economic substance, step transaction, and substance over form doctrines often overlap significantly.
Expert Communications
Facts considered and rejected by experts are discoverable, not just facts adopted.
Documentation
Contemporaneous documentation should capture genuine business reasons, not just tax strategy.
Appeals Navigation
Appeals can consider litigation hazards unlike examiners and requires 270 days on statute.

What will you learn

Attorneys will learn strategic approaches for managing IRS involvement in estate and gift tax matters, from initial planning through audit, appeals, and Tax Court litigation.

What will you gain

Attorneys will gain practical frameworks for protecting privilege, managing expert communications, responding to anti-abuse doctrine arguments, and preparing effectively for litigation.

Agenda

Session 1

Audit Stage Privilege and Evidentiary Challenges

Session 2

IRS Estate and Gift Tax Audit Process

Session 3

Responding to IRS Anti-Abuse Doctrine Arguments

Session 4

Break

Session 5

Managing Valuation Expert Communications and Privilege

Session 6

IRS Appeals Advocacy and Tax Court Preparation

Session 7

Tailoring Strategies for Tax Authority Audiences

clock 1:00 pm - 1:20 pm EST

Audit Stage Privilege and Evidentiary Challenges

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

This session examines the critical question of client definition and its impact on privilege protections throughout estate and gift tax controversies. Attendees will learn strategies for structuring communications, maintaining contemporaneous documentation, and avoiding inadvertent privilege waivers with third parties.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 1:20 pm - 1:40 pm EST

IRS Estate and Gift Tax Audit Process

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

Explore how estate tax returns are classified for examination and the key factors that trigger audits, including valuation discounts and hard-to-value assets. This session highlights critical differences between estate and income tax audits, including auditor expertise levels and statute of limitations rules.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 1:40 pm - 2:00 pm EST

Responding to IRS Anti-Abuse Doctrine Arguments

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

Learn to recognize and counter IRS arguments involving economic substance, step transaction, and substance over form doctrines. Through landmark cases like Gregory v. Helvering and practical examples, attendees will understand how to structure transactions that withstand judicial scrutiny.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 2:00 pm - 2:10 pm EST

Break

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

A brief intermission allowing attendees to refresh before continuing with the remaining program sessions. Use this time to network with colleagues and prepare questions for upcoming topics.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 2:10 pm - 2:30 pm EST

Managing Valuation Expert Communications and Privilege

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

This session addresses proper vetting, engagement, and communication protocols with valuation experts to preserve privilege and maintain defensibility. Attendees will learn what communications are discoverable under Tax Court rules and best practices for managing expert reports and testimony.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 2:30 pm - 2:50 pm EST

IRS Appeals Advocacy and Tax Court Preparation

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

Understand the role of the IRS Independent Office of Appeals and the unique pathways for estate tax cases to reach Appeals. This session covers litigation preparation strategies, including managing conflicts of interest, discovery tactics, and working effectively with experts at trial.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

clock 2:50 pm - 3:10 pm EST

Tailoring Strategies for Tax Authority Audiences

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

Learn to adapt your advocacy approach as cases progress through different IRS stages and into Tax Court litigation. This session synthesizes key takeaways for maximizing favorable outcomes by understanding each audience’s priorities and decision-making framework.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

01 07
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

David J. Warner

Holtz, Slavett & Drabkin

Kevin Oveisi

Holtz, Slavett & Drabkin

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Robert Horwitz

Hochman Salkin Toscher Perez P.C

David J. Warner

Holtz, Slavett & Drabkin

David J. Warner is a Tax Attorney and Shareholder with Holtz, Slavett & Drabkin and the Managing Principal of the firm’s Orange County office. He practices in all aspects of tax controversy including audits, litigation, and collection defense, with expertise in complex tax litigation and matters involving offshore compliance, partnerships, and S corporations.

Education & Credentials

LL.M. in Taxation from NYU School of Law, where he was a graduate editor on the Tax Law Review. J.D., magna cum laude, from Loyola Law School in Los Angeles.

Experience

Before joining HSD, David was a Senior Trial Attorney with the IRS Office of Chief Counsel for 9 years. As an IRS attorney, he represented the IRS in over 500 cases in U.S. Tax Court, represented the United States in bankruptcy court as a Special Assistant U.S. Attorney, and advised local IRS SEP and LB&I IIC revenue agents on complex domestic and international issues. He was an Adjunct Professor at Loyola Law School, University of California Irvine School of Law, and Chapman University Fowler School of Law, teaching tax practice and procedure, partnership tax, bankruptcy tax, and corporate tax.

David J. Warner

Holtz, Slavett & Drabkin

David J. Warner is a Tax Attorney and Shareholder with Holtz, Slavett & Drabkin and the Managing Principal of the firm’s Orange County office. He practices in all aspects of tax controversy including audits, litigation, and collection defense, with expertise in complex tax litigation and matters involving offshore compliance, partnerships, and S corporations.

Education & Credentials

LL.M. in Taxation from NYU School of Law, where he was a graduate editor on the Tax Law Review. J.D., magna cum laude, from Loyola Law School in Los Angeles.

Experience

Before joining HSD, David was a Senior Trial Attorney with the IRS Office of Chief Counsel for 9 years. As an IRS attorney, he represented the IRS in over 500 cases in U.S. Tax Court, represented the United States in bankruptcy court as a Special Assistant U.S. Attorney, and advised local IRS SEP and LB&I IIC revenue agents on complex domestic and international issues. He was an Adjunct Professor at Loyola Law School, University of California Irvine School of Law, and Chapman University Fowler School of Law, teaching tax practice and procedure, partnership tax, bankruptcy tax, and corporate tax.

Kevin Oveisi

Holtz, Slavett & Drabkin

Kevin Oveisi is a Tax Attorney and former IRS Senior Trial Attorney with experience practicing in all aspects of tax controversy including income tax, estate tax, gift tax, employment tax, collection issues, penalties, and litigation in the U.S. Tax Court.

Recognition & Leadership

Received the IRS Counsel New Attorney of the Year Award.

Experience

Senior Trial Attorney with the IRS Office of Chief Counsel, Small Business Self-Employed Division, in Manhattan and Laguna Niguel for 6 years. As an IRS attorney, he represented the IRS in over 400 cases before the U.S. Tax Court, including the most complex cases. His litigation practice at the IRS covered numerous substantive areas of tax law including income tax of individuals, partnerships, and corporations, gift tax, innocent spouse, and collection due process.

Sebastian Voth

Hochman Salkin Toscher Perez P.C

Sebastian Voth is a Principal at Hochman Salkin Toscher Perez P.C., specializing in tax investigations, litigation and appeals, and complex tax matters.

Education & Credentials

J.D. with honors from Emory University School of Law.

Recognition & Leadership

Recipient of two Lucite Awards for significant Tax Court opinions, 2024 Special Act Award (Strategic Litigation), 2023 Nationwide Innovator of the Year (LB&I), 2022 Nationwide Special Trial Attorney of the Year (SB/SE), 2017 U.S. Department of the Treasury Outstanding Litigator, and 2017 Nationwide Attorney of the Year (SB/SE).

Professional Involvement

Served on the leadership team of the nationwide IRS Counsel mentoring program and mentored numerous IRS attorneys.

Experience

Prior to entering private practice, served for 15 years at the Internal Revenue Service including most recently as a Special Trial Attorney with the IRS Office of Chief Counsel's Strategic Litigation Division leading trial teams in all phases of litigation before the Tax Court. As a Special Trial Attorney, handled some of the IRS's most significant and complex litigation matters.

Robert Horwitz

Hochman Salkin Toscher Perez P.C

Robert Horwitz has over 40 years of experience as a tax attorney specializing in the representation of clients in civil and criminal tax cases, including civil audits and appeals, tax collection matters, criminal investigations, administrative hearings and in civil and criminal trials and appeals in federal and state courts.

Education & Credentials

Cum laude graduate of Northwestern University School of Law.

Recognition & Leadership

2022 recipient of the California Lawyers Association Joanne M. Garvey Award for lifetime achievement and outstanding contributions to the field of tax law. While with the Department of Justice, received a Special Commendation for outstanding service to the Department of Justice Tax Division, two Outstanding Trial Attorney awards, a Meritorious Service Award and a Meritorious Award.

Professional Involvement

Served as a member of the Executive Committee of the Taxation Section of the State Bar of California and was Chair of the Taxation Section for 2015-2016 year. Previously Chair of the Tax Procedure and Litigation Committee of the State Bar Taxation Section.

Experience

Prior to entering private practice, tried tax cases on behalf of the United States as a trial attorney with the Department of Justice Tax Division and then as an Assistant United States Attorney in Los Angeles.

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Why Attend

Why this 
program matters

Mastering estate and gift tax controversy management—from privilege protection through audit defense to Tax Court litigation—protects clients from significant financial exposure and preserves family wealth.
~22%
Estates larger than $10 million face audit rates of almost 22%, far exceeding the general audit rate for other return types.
$15M
The federal estate and gift tax exemption increases to $15 million per individual in 2026 under the One Big Beautiful Bill Act, requiring updated planning strategies.
78%
Approximately 78% of audited estate tax returns result in adjustments, compared to only 22% ending in no change, highlighting the importance of proper preparation.
10-45
Courts have routinely validated valuation discounts ranging from 10 to 45 percent for properly structured family entity transfers, underscoring the stakes in valuation disputes.

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