The Franchise Tax Board Rules that Mere Ownership of Disregarded Entity Creates California Franchise Tax Nexus
Michael J. Cataldo
Mr. Cataldo is a member of the Tax and Tax Controversy practices at Pillsbury Winthrop Shaw Pittman, and serves as the firm's lead tax associate. Mr. Cataldo represents a variety of corporate and individual clients in state and local tax controversies, from audit and settlement, through administrative appeals and litigation. He focuses primarily on state and local income, franchise, and gross receipts taxes, and advises clients on state tax issues such as constitutional restrictions to state taxation, nexus, apportionment, business/non-business income, penalties, and unitary combined reporting. Mr. Cataldo practices before the California Franchise Tax Board and the State Board of Equalization, and regularly represents multi-national clients in tax disputes with other states and local jurisdictions. Mr. Cataldo has negotiated voluntary disclosure agreements and secured private letter rulings with California and many other states and local jurisdictions.
Mr. Cataldo also provides federal and state income tax advice to nonprofit and tax-exempt organizations, including educational, civic, charitable and political organizations. He advises tax-exempt clients on formation, compliance, ruling requests, audits, voluntary disclosure, and settlement.
Prior to joining the firm, Mr. Cataldo served as Tax Counsel to the California Franchise Tax Board where he provided the Board technical and policy advice, and represented the Board in various income and franchise tax administrative appeals and litigation.
Federal District Court, Northern California; 9th Circuit Court of Appeals
Dealing with the State Tax Provision & Required FIN 48 Disclosures – including Nexus Issues, Potential Use of VDA's or the MTC, Seeking Rulings from the States & Best Practices in Getting Opinions from Outside Counsel – COST 2010 Pacific Southwest Regional State Tax Seminar, December 7, 2010.
California Update - Are We There Yet? An update on recent California law changes in such areas as nexus, apportionment, credits, net operating losses, disclosure, and penalties, and discussion of current California tax litigation - Institute for Professionals in Taxation Income Tax Symposium, November 10, 2009.
California Budget Woes & Tax Changes - Updates on Understatement Penalty, Income & Franchise Taxes, & Certain Non-Income Taxes (Transactional & Property Taxes) – COST Pacific Southwest Regional State Tax Seminar, June 12, 2009.