Tax Controversy & Litigation: Building Your Expert Witness Toolkit

Mastering the art of serving as an expert witness in tax litigation goes far beyond possessing the necessary tax or financial expertise. It requires a unique set of skills that project confidence, establish credibility, and assert authority. Enhance your ability to effectively communicate complex tax issues in high-stakes litigation in our Expert Witness Skills Workshop for Tax Professionals.

This hybrid, interactive workshop which includes both a webcast and on-site workshop goes beyond the typical classroom lecture, allowing you to observe faculty demonstrations in a simulated-live courtroom atmosphere. With limited attendance, it’s the ideal environment to enhance your communication skills with seasoned practitioners, who serve as expert witnesses, lawyers and judges.

This workshop is co-located with the AICPA National Tax Conference. Register for both the conference and the workshop here to receive an additional discount.

Faculty:

• Judge Elizabeth Copeland, U.S. Tax Court
• Judge Cathy Fung, U.S. Tax Court [confirmation pending]
• John Marston, Partner, Sheppard Mullin
• David Foster, Partner, Kirkland & Ellis [confirmation pending]
• Melissa Wiley [or Andy Steigleder], Partner, Kostelanetz LLP
• Deborah Johnson, High-Stakes Communication
• Brandon Lagarde, Eisner Amper
• Dan Moore, DT Moore & Company
• Sandi Thorman, Greer Walker, LLP

Part 1: Pre-event webcast: Overview of Expert Reports, Depositions and Trial (CPE: 4)

November 10, 2025 1 pm – 4:30 pm EST

If you are unable to attend on November 10, contact joe.pieper@aicpa-cima.com for additional options.

This webcast is designed for practitioners interested in serving as expert witnesses, focusing on key elements of expert reports, depositions, and trials.

Attendees will learn about the essential components of an expert report, including:

• Expert reports
• Deposition
• Trials

The webcast will have a special focus on:

• The Federal Rules of Evidence
• The deposition phase of litigation, including what’s covered, how attorneys approach the process, and key dos and don’ts for experts
• The trial process and courtroom protocols

Key Topics

• Expert witness
• Expert reports
• Deposition
• Trial
• Courtroom
• Communications
• Forensic accounting
• Business valuation

Learning Outcomes

Expert reports:

• Determine key aspects of an expert report with a special focus on compliance with the Federal Rules of Evidence and Federal Rules of Civil Procedure.
• Analyze the admissibility of expert testimony.
• Use quality control measures and direct supervision of the team when engaged for litigation services.

Deposition:

• Use the deposition phase of a litigation matter.
• Apply components of a deposition.
• Analyze the attorney’s and client’s objectives during the deposition.

Trial overview:

• Analyze the phases of a trial.
• Identify courtroom protocols.
• Distinguish between a bench trial and a jury trial.
• Differentiate between alternative dispute resolution (ADR) and litigation.
• Apply demonstrative concepts.

Who Will Benefit

• Experienced expert witnesses
• First-time testifiers
• ABV® and CFF® exams candidates
• General practitioners

Part 2: Live Onsite Workshop (CPE: 6)

9 am – noon, 1 pm – 4 pm EST Lunch to be served onsite

1. Overview of Expert Reports, Depositions and Trial in Tax Jurisdictions (50 min)

Tax litigation may take place in the U.S. Tax Court, Court of Federal Claims or U.S. District Court. Led by attorneys who have litigated cases in all three forums, this session will explore the differences in litigating in these courts, with a focus on those specific to expert testimony. One or more judges will also share their perspective on what makes an effective expert witness. Attendees will be able to:

• Compare the ways in which each court receives expert testimony
• Identify the differences in the trier of fact – judge versus jury – available in each court
• Analyze how the differences in the way that discovery is conducted in each court affect expert witnesses

2. Trial Communications (50 min)

Presented by a nationally known trial communications expert, attendees will obtain practice tips on how tax professionals can enhance their communications skills in tax litigation matters. Attendees will be able to:

• Apply effective communication techniques in tax litigation matters
• Understand the importance of body language when giving testimony
• Compare the difference between hard skills and soft skills; identify which skills need more practice
• Identify how to explain the results of detailed analyses using digestible and relatable details

3. Deposition on Qualifications Demonstration and Q&A (50 min)

Attendees will observe a demonstration of an attorney faculty member conducting a “deposition” of an expert witness (a CPA faculty member), focusing on their professional qualifications. During this session, attendees will gain an appreciation for the attorney’s goals for the deposition and observe how the accountant responds to questioning. Attendees will be able to:

• Analyze a live demonstration of a deposition of an expert witness
• Compare the questioning attorney’s goals for the deposition to the expert’s response to questioning
• Identify the key requirements for qualification as an expert witness

4. Direct Examination Demonstration and Q&A (75 min)

Attendees will observe a demonstration of an attorney faculty member conducting a “direct examination” of an expert witness (a CPA faculty member), focusing on their expert report/opinion. During this session, attendees will focus on how technical experts can most effectively present their complex analyses and opinions to a judge or jury. Attendees will be able to:

• Analyze a live demonstration of a direct examination of an expert witness
• Compare the attorney’s goals for the direct examination to the expert’s response to questioning
• Evaluate the effectiveness of various approaches to direct expert testimony and the best ways to maximize impact

5. Cross Examination Demonstration and Q&A (75 min)

Attendees will observe a demonstration of an attorney faculty member conducting a “cross examination” of an expert witness (a CPA faculty member). During this session, attendees will learn the parameters of cross examination (and, potentially, re-direct) and effective strategies for responding to credibility and other challenges from opposing counsel. Attendees will be able to:

• Analyze a live demonstration of a cross examination of an expert witness
• Compare attorney’s goals for the cross examination to the expert’s response to questioning
• Evaluate the effectiveness of various approaches to responding to cross examination and maintaining credibility with the judge or jury