30 years, Mark Poerio has been in private practice with a focus on
executive compensation, employee benefits, and fiduciary matters,
especially from a business, governance, tax, securities, and
litigation perspective. He currently serves as President of the
prestigious American College of Employee Benefits Counsel, and on the
executive board of the American Benefits Council.
clients include public and private companies, and he has significant
experience with not-for-profit organizations. His business oriented
pay-for-performance approach has led to his role as special counsel
to compensation committees, as well as to his spearheading of
projects designed to link executive compensation both to corporate
goals and to the enforcement of post-employment covenants relating to
trade secrets and restrictive covenants (such as non-competes).
also teaches at Georgetown Law - with his past courses focusing on
executive compensation and governance, the design of benefit plans
and employment-related agreements, and employee stock ownership plans
Wagner Law Group is a nationally recognized practice in the areas of
ERISA and employee benefits, estate planning, employment, labor and
human resources and investment management.
in 1996, The Wagner Law Group is dedicated to the highest standards
of integrity, excellence and thought leadership and is considered to
be amongst the nation's premier ERISA and employee benefits law
firms. The firm has eight offices across the country, providing
unparalleled legal advice to its clients, including large, small and
nonprofit corporations as well as individuals and government entities
worldwide. The Wagner Law Group's 34 attorneys, senior benefits
consultant and five paralegals combine many years of experience
in their fields of practice with a variety of backgrounds. Nine
of the attorneys are AV-rated by Martindale-Hubbell
and seven are Fellows of the American
College of Employee Benefits Counsel, an invitation-only
organization of nationally recognized employee benefits
lawyers. Five of the firm's attorneys have been named
to the prestigious Super
Lawyers list for 2017, which highlights outstanding
lawyers based on a rigorous selection process.
Wagner Law Group
Connecticut Avenue, N.W.
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
East Kennedy Boulevard
Tampa, FL 33602
Francisco, CA 94104
25 W. Moody Avenue
St. Louis, MO 63119
Tax Exempt Organizations: Get
Your Filings Right -
IRS, does anyone really read Form 990s, 990-EZs, and 990-PFs?
Interestingly, the first level reader is apparently not a human . . .
but an IRS computer. Those who prepare 990 filings should take notice
because their mistakes could trigger an IRS audit.
warns of this in its March 19th report, which references
improvements to its "case selection modeling technique" for
reviewing Form 990 filings. Quantitatively, the IRS explains that its
filters singled out 1,505 returns in the past fiscal year, with 83%
being found to require changes.
and inconsistent responses seem the most likely to create problems
for tax exempt organizations. Consider, for instance, the executive
compensation disclosures that Form 990s require under Line 15 of Part
VI, as well as under Schedule J (if applicable). Both relate to
whether compensation decisions have been made in a manner that
qualifies for a rebuttable presumption of reasonableness based on
satisfying the requirements set forth in Treasury Regulation
§53.4958-6. Inconsistent responses have been known - or suspected -
to trigger audits.
following checklists provides comprehensive tips, as well as
suggestions for avoiding audit triggers:
Here are two final suggestions. First, avoid
guesswork or ambiguities in your 990 filings. Full, careful
disclosure usually provides the best response to a filing question,
and serves as the best defense if IRS questions later arise. Second,
don't be afraid to seek professional input in cases of doubt (or,
occasionally, for peace of mind). It is better to have your CPA or
attorney find your stumbles, than to have a programming filter trip
you into an IRS audit.