Led by Managing Director Ken Kies and Director Matt Dolan,
the firm's expertise is nationally recognized; a reflection of our
success in achieving client objectives.
Kenneth J. (Ken) Kies - Managing Director
Kenneth J.
(Ken) Kies is Managing Director of the Federal Policy Group, a division
of Clark & Wamberg LLC. The Federal Policy Group provides
sophisticated strategic and technical tax advice on tax policy matters
before the Congress, the U.S. Treasury Department, the Internal Revenue
Service, and the OECD.
Mr. Kies has delivered significant legislative and
regulatory results for his clients, which include major corporations,
trade associations, and coalitions of companies with common objectives.
Mr. Kies has led coalition efforts to enact legislation responding to
the World Trade Organization's ruling against U.S. foreign sales
corporation benefits, to avert enactment of broad "corporate tax
shelter" legislation that would have an adverse impact on legitimate
business transactions, and to reverse Treasury regulations targeting
"hybrid" arrangements of U.S. multinational corporations, among other
projects.
Prior to the acquisition of the Federal Policy
Group by Clark Consulting in February 2002, Mr. Kies was Co-Managing
Partner of the Washington National Tax Services office of
PricewaterhouseCoopers LLP.
Prior to joining PricewaterhouseCoopers, Mr. Kies
served as the Chief of Staff of the Congressional Joint Committee on
Taxation from January 1995 until January 1998. The Congressional Joint
Committee on Taxation staff is responsible for developing and analyzing
all tax legislation for the House Ways and Means Committee, the Senate
Finance Committee, and other committees of the Congress. It also is
responsible for estimating the cost of enacting changes to tax laws,
approving all IRS refunds in excess of $1 million, and performing all
technical analysis of tax treaties considered by the Senate Foreign
Relations Committee. The position of Chief of Staff of the Joint
Committee on Taxation was created by the Revenue Act of 1926. Mr. Kies
was the 10th person to serve in this position.
During his tenure as Chief of Staff of the Joint
Committee on Taxation, Mr. Kies oversaw development of major tax
legislation, including the Taxpayer Relief Act of 1997, the Small
Business Job Protection Action of 1996, and the Health Insurance
Portability and Accountability Act of 1996. He also led international
delegations to France, Spain, Sweden, the Czech Republic, Belgium, the
European Union, and the OECD to meet with foreign tax officials and
business leaders. He also held numerous bilateral discussions in
Washington with a wide variety of tax officials representing other
foreign countries.
Prior to becoming Chief of Staff of the Joint
Committee on Taxation, Mr. Kies was the firm wide Chair of the Tax
Practice for Baker & Hostetler. He had a broad-based tax practice
involving legislation, tax planning, and practice before the Internal
Revenue Service and the Treasury Department. He represented clients in
all aspects of tax controversy work involving both large case audit
representation and coordinated industry audit issues. He practiced
before the United States Tax Court, the United States Bankruptcy Court
for the Northern District of Ohio, the United States Bankruptcy Court
for the Northern District of Texas, the Ohio Board of Tax Appeals, and
the Supreme Court of Ohio. At Baker & Hostetler, Mr. Kies served as
Tax Counsel for the American Resort Development Association, Tax
Counsel for the Section 457 Tax Force, Tax Counsel for the Amortization
Intangibles of Task Force, Tax Counsel for the Insurance Accounting
Group, Counsel to the Coalition of Independent Casualty Companies of
America, and Special Tax Counsel for the Surety Association of America.
From 1982 until 1987, Mr. Kies served as Chief
Republican Tax Counsel to the Ways and Means Committee of the United
States House of Representatives. In that position, he directed the Ways
and Means Committee's Republican tax staff and was the chief tax lawyer
responsible for developing and analyzing all tax-related legislation
for Republican members of the Committee and the House of
Representatives. During his service on the Ways and Means Committee
staff, Mr. Kies was actively involved in development of the Economic
Recovery Tax Act of 1981, the Tax Equity and Fiscal Responsibility Act
of 1982, the Surface Transportation Act of 1982, the Social Security
Act Amendments of 1983, the Retirement Equity Act of 1984, the Tax
Reform Act of 1984, and the Tax Reform Act of 1986.
Prior to joining the Ways and Means Committee
staff in 1981, Mr. Kies was a tax associate with Baker & Hostetler,
where he began the practice of law in 1977 in Cleveland.
As a leading expert on tax policy issues, Mr. Kies
frequently appears on radio and television, including National Public
Radio, MSNBC, ABC , CNN, Fox News, C Span, and is regularly quoted in
print news publications such as the Wall Street Journal, the Washington
Post, the New York Times, Newsweek, Time, and others. He has delivered
over 1,000 speeches, on a wide range of tax subjects, to groups in 40
states, Puerto Rico, Canada, Austria, the Czech Republic, Sweden,
Spain, France, Scotland, England, Ireland, Portugal, Bermuda, Italy,
Germany and Barbados since 1981.
In 2001, Mr. Kies was one of three recipients of
the Medal of Merit from Ohio University, the second highest alumni
award given by Ohio University. Influence magazine in December 2000
named Mr. Kies "Washington's best tax lobbyist." Regardies magazine in
September 2000 included Mr. Kies in list of the "100 most powerful
people" in private sector Washington. Mr. Kies received the
Distinguished Alumni Award of Delta Tau Delta fraternity in August
1999. In 1998, the Tax Executives Institute honored Mr. Kies with its
Distinguished Service Award, given to "individuals whose contributions
to tax administration and the improvement of the tax system are
substantial and not subject to question." In 1997, he was named by Roll
Call magazine as one of the most powerful staffers on Capitol Hill and
by Fortune magazine as one of the three "most dangerous" bureaucrats in
the country. Mr. Kies is featured in the 2002 edition of Who's Who
Legal - The International Who's Who of Business Lawyers. The June 2007
Washingtonian in naming Mr. Kies as one of Washington's top 50
lobbyists described him as "the leading pure tax lobbyist in
Washington." Mr. Kies was appointed to the Foundation Board of Delta
Tau Delta fraternity in March of 2002 and the Foundation Board of Ohio
University in July of 2002.
In December 1998, Mr. Kies was one of four private
sector participants to co-moderate President Clinton's White House
Conference on Social Security. Mr. Kies was a member of the faculty of
the Committee on Ways and Means 1993 Austin Retreat on Tax Policy under
Chairman Dan Rostenkowski and was Co-Chair with Michael Boskin of the
1996 Committee on Ways and Means Retreat on Tax Reform under Chairman
Bill Archer at Airlie House, Virginia.
Mr. Kies has served as the Chairman of the Annual
Hartford Real Estate Tax Institute and as a member of the Advisory
Group on Corporate Taxation appointed by the Chairman of the House Ways
and Means Committee, the Board of Visitors of the Capital University
Law and Graduate Center, the Advisory Board of the
New York University Institute on Federal Taxation, the National Alumni
Advisory Council of the Ohio State University Law School, the
International Fiscal Association, the Advisory Council of the Hartford
Insurance Tax Institute. He was elected a Fellow in the American College of Tax Counsel
in 1996. He also currently serves as as Chairman of Delta Tau Delta
Educational Foundation. He is a member of the Tax Section of the American Bar
Association, the Tax Council and International Fiscal Association.
Mr. Kies is married to Kathleen Clark Kies and has
two daughters, Katherine and Kylie. They reside in McLean, Virginia. He
is a golfer and runner, having completed eight marathons, including the
Boston Marathon.
Publications
Mr. Kies has published "Analysis of the New Rules
Governing the Taxation of Fringe Benefits," Tax Notes, September 3,
1984, p. 981 (a similar version of which also appeared in Tax News, p.
1, Vol. 6, No. 4, Fall 1984); "Changes in the Treatment of Voluntary
Employee Beneficiary Association Under the Tax Reform Act of 1984 - Tax
Policy Considerations Leading to the 1984 Act Provisions," PLI Funded
Welfare Benefit Plans (1985); "Improved REITs as Sole Vehicle for
Passive Real Estate 1986," Tax Notes, June 2, 1986, p. 923, Vol. 31,
No. 9; "The Current Political, Budgetary, and Tax Policy Environment
Suggests the Possibility of Major Federal Tax Legislation in the 100th
Congress," Tax Notes, April 13, 1987, p. 179, Vol. 35, No. 2; "The Tax
Reform Act of 1986 Provisions Affecting Welfare and Fringe
Benefits,” The New York University Annual Conference on Employee
Benefits and Executive Compensation (1987); "The Direction of Federal
Tax and Budget Policy – Its Implications for the REIT Industry
and Passive Real Estate Investment," The REIT Report, Vol. VII, No. 2
(Spring 1989); "A Technical Explanation of Section 847 - Guidance for
the Taxpayer Engaged in Property and Casualty Insurance Business," The
Insurance Tax Review, (November-December 1989) at 115; "The Outlook for
Federal Tax and Budget Policy in the 1990s," Tax Notes, January 22,
1990, p. 447, Vol. 46, No. 4; "Tax Implications of Treating Workers as
Independent Contractors," Developments, June 1990, Vol. 12, No. 5; "One
Small Step Toward Simplicity; Treaty Based Return Positions and the
Insurance Excise Tax," Tax Notes, June 25, 1990, Vol. 47, No. 13;
"ARDA's Tax Victories," Developments, April 1991, Vol. 13, No. 5, at p.
12; "Should Goodwill be Amortizable? – An Intoxicating
Question!:," Tax Notes, September 30, 1991, p. 1649, Vol. 52, No. 14;
"Proposed IRS Interest Regulations: ARDA Urges Changes to Proposed IRS
Regulations: on Capitalizing Interest Expense for Tax Purposes,"
co-authored with William F. Conroy, Esq., Developments, January 1992,
Vol. 14, No. 1, at p. 30, "Update on Treatment of Workers as
Independent Contractors," Developments, April/May 1992, Vol. 14, No. 4,
at p. 30; "Taking A Fresh Look at the Stock-for Debt Exception," Tax
Notes, September 21, 1992, p. 1619, Vol. 56, No. 12; "U.S. Federal Tax
Policy Changes Could Impact The Vacation Ownership Industry," Vacation
Industry Review, Spring 1993, p. 50; "Repeal the Stock-for-Debt
Exception," American Bankruptcy Institute Journal, Vol. XII, No. 6, p.
18; "Recent Developments Affecting Timeshare Homeowners Associations,"
co-authored with David L. Marshall, Esq., Developments, August 1993,
Vol. 15, No. 7, p. 17; "The IRS Deal: Should You Take It?" Independent
Agent, Vol. 91, No. 8, p. 53; "ARDA Action: ARDA Responds to I.R.S.
Audits of Homeowners Associations," Developments, March 1994, Vol. 16,
No. 3; "The Ever-Changing World of Regulation," Developments, March
1994, Vol. 16, No. 3; "The Revenue Estimating Process - Letting in the
Light and Letting Out the Hot Air," Vol. 69 Tax Notes 373 (October 16,
1995); "Recent Developments Affecting Financial Reporting for the
Timeshare Industry," Vol. 21 ARDA Developments (February 1999); "A
Critical Look at the Administration's Corporate Tax Shelter Proposals,"
Vol. 83 Tax Notes 1463 (June 7, 1999); "The United States Responds to
the WTS FSC Decision: Round One and Counting," The Tax Executive,
November/December 2000, pp. 436-443; "Congressional Inaction Threatens
U.S. Companies: U.S. Financial Services Companies Face Legislative
Obstacle," The Ripon Forum, Vol. 36 Number 1, 9 (Spring 2001); "The New
Kid on the Hill," Asset Finance International, p. 21, May 2001; "'AMT
Proofing' the Stimulus Bill's Loss Carryback Provision," Tax Notes,
September 2, 2002, Vol. 96, No. 10; "The Next 30 Years: A Tax Notes
Preview," Tax Notes, 1972-2002; "Treasury's Responsibility to Fix the
Interest Allocation Rules," Tax Notes, March 31, 2003, Vol. 98, No. 14;
"International Rescue," Asset Finance International, p. 31, June 2003;
"Leave Us a Loan: A Rebuttal to Claims That Defeasance Invalidates
Lease Transactions," Tax Notes, Vol. 102, No. 6, February 9, 2004; "Our
Taxed Expats," Wall Street Journal, p. A-14 (Commentary with Newt
Gingrich), June 28, 2006; "A Perfect Experiment: 'Deferral' and the
U.S. Shipping Industry," Tax Notes, Vol. 116, No. 11, September 10,
2007; "The Obama Budget, 2019, and the Impending Fiscal Nuclear
Winter," Tax Notes, Vol.123, No. 5. May 4, 2009; "Mythbusters II: Kies
Provides His Thoughts on Avi-Yonah's Article," Tax Notes, Vol. 123, June
22, 2009; "Kies Corrects Misreading of Group's Extenders Letter, " Tax
Notes, Vol. 128, September 20, 2010; "Response to Anti-Repatriation
Holiday," Tax Notes, Vol. 129, December 6, 2010. “Deferral Not a Tax Expenditure, Former JCT Chief Says,” Tax Notes, April 11, 2011; “Tax Reform’s Challenge: Lessons from the 1986 Act” Tax Notes, Vol. 131, May 30, 2011, Ken Kies & Robert Leonard; “Business Group really not voice of business,” The Hill, June 28, 2011; “A Critique of the CRS Report on Repatriation,” Tax Notes, August 15, 2011; “Recollections on the Tax Reform Act of 1986,” Tax Notes, October 17, 2011; “Repatriation Studies Miss the Mark,” Tax Notes, November 14, 2011; “Kies Critiques CTJ Corporate Tax Report,” Tax Notes, November 21, 2011; “Response to Anti-Repatriation Holiday Article,” Tax Notes, December 6, 2010; “Kies Response to McIntyre,” Tax Notes, January 9, 2012.
Mr. Kies holds an L.L.M., Taxation from Georgetown
University Law School, 1986, a JD, Cum Laude from the Ohio State
University College of Law, 1977, and a B.G.S. (The Honors Tutorial
College), Cum Laude, from Ohio University, 1974. (printable PDF)
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