Ms. Houghton is a nationally recognized expert whose practice focuses on state and local tax planning, tax controversies and unclaimed property/escheat matters. She previously served as general counsel to the Council On State Taxation (COST), where she filed U.S. Supreme Court briefs in cases impacting state taxation of multistate commerceand led a tax policy initiative addressing taxation of Internet transactions. Ms. Houghton has represented clients on a multi-jurisdictional basis with respect to significant tax disputes; negotiated favorable settlements with state and local jurisdictions; developed and advocated state tax policy and legislative positions that benefited client interests; and collaborated with clients to design transactional and organizational structures that have optimized direct and indirect tax burdens. Ms. Houghton also advises clients with respect to unclaimed property/escheat compliance, voluntary disclosure initiatives, planning opportunities, single- and multi-state audit defense, and litigation of state unclaimed property assessments.
Ms. Houghton is co-author of Bloomberg BNA’s Multistate Tax Management portfolio entitled “Unclaimed Property.” She is a Georgetown University School of Law instructor and a featured speaker at national state tax conferences and schools hosted by COST, TEI, IPT, and the Unclaimed Property Professionals Organization, Georgetown University School of Law and the New York University School of Law.
- Obtained very favorable settlements with the California Franchise Tax Board, Settlement Bureau, with respect to the inclusion of treasury function gross receipts in the taxpayers’ California sales factor.
- Represents many of the largest financial sector companies (introducing and clearing broker-dealers, mutual fund complexes, banks, etc.) as well as insurance companies in defense of industry-focused multistate unclaimed property examinations conducted by contract audit firms Verus, Kelmar and the Unclaimed Property Clearinghouse (UPCH).
- Co-authored an amicus brief filed with U.S. Supreme Court that suggested grounds upon which the Court eventually disposed of state tax discrimination challenge.
- Assisted numerous clients with the successful defense of multistate unclaimed property audits conducted by third-party audit firms, and negotiated settlements with audit participating states.
- Obtained a very favorable settlement for a client in litigation with the District of Columbia Office of Tax and Revenue over the proper apportionment methodology for a media/broadcasting company.
- Represented a client in transfer pricing audit by the New Jersey Division of Taxation that resulted in a highly favorable settlement.
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Kendall Houghton and Matt Hedstrom were prominently featured in a BNA article entitled “Assessing Taxpayer Risks While Gillette Litigation Continues to Unfold,” which focused on how, in Gillette Co. et al. v. California Franch. Tax Bd., the California Court of Appeal held that the formula under the Multistate Tax Compact for allocating and apportioning income remains available to California multistate taxpayers, notwithstanding the state's attempt to repeal and supersede the Compact formula with a double-weighted sales factor for most business activity, and the “shock waves” the case has sent through the member states of the Multistate Tax Compact.
December 20, 2012
In the Press
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One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
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September 12, 2011
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August 22, 2011
In the Press
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“Qui Tam Lawsuits: Recommendations for Meaningful Reform,” Parts 1 and 2, State Tax Notes, (Feb. 25, 2013 and May 6, 2013).
February 25, 2013 and May 6, 2013
Publications
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In January 2013, the Uniform Law Commission (ULC) authorized the appointment of a new Study Committee on Revision of or Amendments to the Uniform Unclaimed Property Act (the Study Committee) to explore revising or amending the Uniform Unclaimed Property Act (the Uniform Act).
April 19, 2013
Advisories
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This advisory was previously published as a Law360 “Expert Analysis” column on March 14, 2013.
All 50 states and the District of Columbia have enacted, and enforce, laws providing for the reporting and remittance of unclaimed property. Over the past few years, states’ administration of their unclaimed property/escheat laws have received increased attention from the media, business and political community. Such attention is well deserved, considering the states’ aggressive posture toward the pursuit of unclaimed property—arguably with the goal of raising revenue, rather than reuniting owners with their property. Delaware’s administration and enforcement of its unclaimed property laws has been of particular interest.
March 20, 2013
Advisories
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“Spotlight on Delaware Unclaimed Property Law,” with Alston & Bird Unclaimed Property Practice, Law 360 (March 14, 2013).
March 14, 2013
Publications
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Delaware created its new Secretary of State unclaimed property voluntary disclosure agreement program in 2012. Although it was intended to be a more holder-friendly approach to compliance than either an audit or the old State Escheator VDA program, important details about how the new VDA program would work were unclear, and many holders were reluctant to participate from the outset as a result. Since then, the Secretary of State and the program administrator have issued additional guidance and engaged in productive communications with prospective participants and their advisors regarding the VDA program’s mechanics and logistics. The Delaware General Assembly has also introduced a bill in the 2013 legislative session that would increase the attractiveness of the VDA. It remains the case, however, that time is of the essence in applying for and completing the VDA program. This article by the Alston & Bird LLP Unclaimed Property team summarizes the VDA program and these ongoing developments, providing insightful analysis for holders who are still in the process of determining whether participation would be in their best interests.
Reproduced with permission from Tax Management Multistate Tax, 01/25/2013. Copyright 2013 by the Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
January 25, 2013
Publications
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This advisory summarizes the recent guidance issued by the Delaware Secretary of State regarding the details of its new unclaimed property voluntary disclosure program. The new program was created pursuant to Delaware Senate Bill 258, which grants the Secretary of State (as opposed to the State Escheator) a limited three-year window to enter into voluntary disclosure agreements with holders of unclaimed property involving reduced look-back periods. Previously, only the State Escheator had the authority to enter into unclaimed property voluntary disclosure agreements. The Secretary of State’s guidance provides important details regarding various aspects of the new program, including the required VDA work plan, the nine-month window for completion, the nature of the review of holder submissions, the closing agreement and release provision, and required disclosures by the holder.
November 29, 2012
Advisories
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September 24, 2012
Publications
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Summer 2012
Publications
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State Business Income Taxation, Chapter 10: Alternative and Special Industry Apportionment, published by Institute for Professionals in Taxation (© 2012).
2012
Publications
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“No Improved Visibility for Cloud Computing Taxation,” State Tax Notes (July 5, 2011).
July 5, 2011
Publications
Past Events
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May 22, 2013
Seminar
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March 24-27, 2013
Seminar
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February 27, 2013
Seminar
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December 12, 2012
Webinar
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December 11, 2012
Seminar
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December 11, 2012
Seminar
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August 22, 2012
Seminar
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May 16-17, 2012
Seminar
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May 2, 2012
Seminar
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April 29-May 3, 2012
Seminar
- American Bar Association
- D.C. Bar Association
- California Bar Association
- Best Lawyers in America (2011, 2012)
- Unclaimed Property Professionals Organization (Co-chair, Government Relations and Advocacy Committee) (2013 President’s Award for Exemplary Service to the Organization)
- Advisory Board, BNA Multistate Tax Management
- Advisory Board, Paul J. Hartman State Tax Forum