Our experience in these areas shows that the best results are obtained with the right combination of taxpayer personnel, outside CPA assistance, and state and local tax counsel. As in many pursuits, team play brings together diverse talents, perspectives, skill, and knowledge critical to achieving the optimal outcome. This is true as well for properly defending against a Notice of Proposed Deficiency issued by the Nebraska Department of Revenue. This article addresses when legal counsel is required—based on Supreme Court rules and Department of Revenue regulations. Our purpose isn’t to just address what is required. Our experience in these areas shows that the best results are obtained with the right combination of taxpayer personnel, outside CPA assistance, and state and local tax counsel. For those taxpayers and their CPAs who come to us prior to filing their protest/petition, this is the team play we recommend. For those who come to us after a protest/petition is filed, we typically work together to review and amend the protest/petition to reflect the best strength of position and inclusion of all reasonable legal positions and defenses. This is consistent with the practice of many professionals who seek a “second opinion” from another professional and, in the context of this topic, to confirm all reasonable state tax positions and defenses have been presented and fully analyzed. In addition, for the reasons stated, when best results are wanted, we always recommend including a request for hearing (which according to the Department’s regulations means Nebraska legal counsel is required). Nick Niemann and Matt Ottemann are partners with McGrath North Law Firm. As state and local tax and incentives attorneys, they collaborate with CPAs to help clients and companies evaluate, defend, and resolve tax matters and obtain various business expansion incentives. See their websites at www.NebraskaStateTax.com and www.NebraskaIncentives.com. For a copy of their full publication, “The Anatomy of Resolving State Tax Matters” or their “Nebraska Business Expansion Decision Guide,” please visit the above-listed websites. They have also authored the Nebraska Section for the American Bar Association’s Multijurisdictional Admission to Practice Requirements for State and Local Tax Lawyers. For more information, contact Niemann or Ottemann at (402) 341-3070 or at nniemann@mcgrathnorth.com or mottemann@mcgrathnorth.com. Continued from page 23 ► IPE 1031 | 888.226.0400 | WWW.IPE1031.COM | INFO@IPE1031.COM EXPERTISE From a Respected Industry Leader THE PREMIER SPECIALIST FOR SECTION 1031 EXCHANGES SECTION 1031 EXCHANGE 24 Nebraska CPAs
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