Marilyn is a partner at HMB and a member of the firm’s State and Local Tax (SALT) Group. She advises Fortune 500 companies on the resolution of complex multi-state and multi-national tax issues.
Marilyn assists publicly traded multinational and multistate clients work through sophisticated multistate income, franchise and transaction tax matters. Clients benefit from her wealth of experience in SALT, 18 years of which were spent in-house at Mobil Oil and Montgomery Ward & Co.
On behalf of clients facing intense scrutiny, Marilyn formulates multistate audit strategies— and has represented them before taxing authorities in more than 35 states. She has helped companies adopt new organizational structures that have reduced their tax burdens and improved their financial positions.
A Leader in the SALT World
Marilyn is one of the most recognized forces in the SALT community. She’s the recipient of the Council of State Taxation’s Paul Frankel Excellence in State Taxation Award, Bloomberg BNA’s Excellence in State Taxation Award, Tax Analyst’s Leading Female Tax Counsel and is noted as one of Crain’s Chicago’s Notable Women Lawyers.
Clients rely on Marilyn for innovative and practical solutions driven by her in-house experience and profound understanding of the SALT world.
Illinois
Texas
Illinois Super Lawyers, 2019-2021
Chicago’s Notable Women Lawyers, Crain’s Custom Media, 2018
Franklin C. Latcham Award, Bloomberg BNA, 2012
Paul Frankel Excellence in State Taxation Award
Bloomberg BNA, Frank Latcham Award for Distinguished Service in State and Local Tax Law, 2012
Outstanding Women in Tax by Tax Notes, 2016
3/18/21 2:00PM - 3:00PM CT Marilyn A. Wethekam's presentation for the Houston Chapter of the Tax Executive Institute will include a circle tour of the cities and states surrounding beautiful Lake Michigan. Starting in Illinois she’ll discuss the new quasi settlement program, provide updates on new and pending legislation including the governor’s new tax proposals to address their massive deficits,…
10/20/20 Over the last three years, state conformity--or decoupling--from key provisions of the TCJA has resulted in a wide range of outcomes among the states. This panel, including Marilyn A. Wethekam, will review the status of state conformity (or non-conformity) with GILTI, interest deduction limitations, bonus depreciation, NOLs and FDII. The panelists will also discuss planning, compliance and audit issues…
10/27/20 2:10PM CT Join Marilyn A. Wethekam, and other panelists, on this webinar discussing how more than two years after the enactment of the “Tax Cuts and Jobs Act” of 2017, we continue to learn the state tax consequences of this historic change in US international taxation. The subsequent federal and state government response to COVID-19, including the Coronavirus Aid,…
9/15/20 3:00PM - 4:30PM ET Join Marilyn A. Wethekam and Helen Hecht of the Multistate Tax Commission for "The Legal Landscape of 2020". This webinar, a part of the FTA Talks: Celebrity Speakers series, provides easy access to the unique challenges, successes and methodologies of immediate interest to a tax administrator. This discussion will include a Q&A section and will…
8/26/20 Join Marilyn A. Wethekam and Jordan M. Goodman for a look around the country on the relevant cases that affect taxpayers in the income tax, sales tax and franchise tax arenas. This webinar will be held for the Dallas TEI community. Learn more about the Dallas Chapter of Tax Executives Institute here.…
In State Tax Notes' Board Briefs, Marilyn A. Wethekam discusses "State and Local Tax Policy in a COVID-19 World". Download the full Board Briefs by State Tax Notes here. 2020 began on an optimistic note. The economy, in several sectors, was thriving. States over the last couple of years had seen continued revenue growth and even in some cases were…
In State Tax Notes' Board Briefs, Marilyn A. Wethekam discusses "State and Local Tax Policy in a COVID-19 World". Download the full Board Briefs by State Tax Notes here. 2020 began on an optimistic note. The economy, in several sectors, was thriving. States over the last couple of years had seen continued revenue growth and even in some cases were…
In this excerpt in Board Briefs from Tax Notes State, Marilyn honors the late Supreme Court Justice Ruth Bader Ginsburg. Download the full article by Tax Notes State here. On September 18, 2020, this nation lost not only an exceptionally accomplished jurist but a powerful voice for gender equality and those who have been made to feel they don’t belong.…
In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article by Tax Notes State here. In the words of that great philosopher Snoopy, “When you can’t control what’s happening around you, challenge yourself to control the way in which you respond.”…
In her excerpt from the first installment of Board Briefs in 2020 from Tax Notes State, Marilyn addresses tax issues related to the digital economy. Download the full article from Tax Notes State here. Generally, you cannot put a square peg in a round hole. However, that is precisely what may be occurring as a result of the meteoric growth…
Read the full article here (subscription required). Former Illinois House Speaker Michael Madigan was recently voted out of his leadership post, leaving a complex tax legacy to his nearly four-decade reign that included sales tax restructuring and failures to create the progressive income tax code he envisioned. Madigan, a Democrat from Chicago, ceded the gavel on Jan. 13 after House members elected…
In an article by Law360, Marilyn A. Wethekam discusses the Illinois Department of Revenue's decision to carry out a law that critics say could impose a discriminatory tax sourcing regime for online sales that favors certain in-state sellers. The rule carries out a widely criticized 2019 law requiring remote sellers and marketplace facilitators without a physical presence in Illinois to employ destination sourcing for…
Read the full article by State Tax Notes here. In the article "Forging Ahead in 2021" by State Tax Notes on December 21, 2020, Marilyn A. Wethekam goes over what the year ahead will look like. “Should old 2020 be forgot, and never brought to mind? Should old 2020 be forgot, and auld lang syne?”[51] The Robert Burns lyrics pose…
Download the full article by State Tax Notes here. In the article "Sales, Use Tax Voluntary Disclosure Agreements Increased" by State Tax Notes and first discussed at the NESTOA conference on November 13, 2020, Marilyn A. Wethekam goes over the use of Voluntary Disclosure programs. There's been an uptick in voluntary disclosure agreements (VDAs) because of the Supreme Court's 2018…
Download the full article by Tax Notes State here. Federal tax code conformity and mismatches between federal and state taxable income can cause difficulties with the business interest expense limitation under IRC section 163(j), according to tax forum panelists. Marilyn A. Wethekam said that, in her opinion, the section 163(j) limitation provision under the Tax Cuts and Jobs Act has…
The New Mexico Office of Administrative Hearings granted Conagra Foods? Motion for Summary Judgment concluding the interest earned on notes was properly characterized as non-business income.
Today marks the first time in over two years that Illinois will be operating under a budget. This is a result after the House voted to override Governor Rauner?s veto of Senate Bill 9. The House garnered the necessary votes to end the two year stalemate full of political puffery and sparring. Some of the relevant changes that Illinois? taxpayers should be aware of are noted below. All changes are effective July 1, 2017, unless otherwise noted.
A recent Chief Counsel?s Ruling issued by the California Franchise Tax Board illustrates the issues and potential opportunities that arise as a result of adopting a factor presence nexus standard.
Increasingly, taxpayers are seeing the imposition of penalties on deficiency assessments. In fact in a number of situations the imposition of the penalty is automatic upon the issuance of the assessment. The penalties, which may range from 20% to 25% of the liability, are imposed for late payment or underpayment of taxes. Such penalties are generally imposed without taking into consideration the fact there is a lack of guidance or legal authority with respect to the substantive issue which gave rise to the tax underpayment...
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