Simply Tax Episode 67

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Guest David Kirk joins host Damien Martin to share his experience working at the Office of the Chief Counsel of the IRS. Listen to find out what it’s like to be the principal author on a significant guidance project, observations on the first tax season under the Tax Cuts and Jobs Act (TCJA) and advice for a successful career in tax.


  • How Dave Kirk came to work for the IRS @1:47
  • What it’s like to work at Chief Counsel @4:50
  • Dave’s experience working on the NIIT regulations @10:41
  • Unintended consequences in Rev. Proc. 2013-30 @12:40
  • Dave’s approach to drafting a regulation @18:00
  • How accountants and lawyers approach regulations differently @21:26
  • Doing the best we can with the first tax season under the TCJA @25:46
  • Getting comfortable with uncertainty @31:51
  • Documentation is always important, and other best practices for extended returns @35:00
  • Lawyers are better writers than accountants @39:24
  • Dave’s proudest achievement so far @44:47
  • Dave’s favorite Internal Revenue Code Section (aside from 1411) @49:47
  • Closing thoughts on a successful career in tax @51:13


David Harrison Kirk is a partner within the private client services practice of EY’s National Tax Department in Washington, DC. Throughout his career, Dave has focused primarily on the taxation of individuals, trusts, S corporations and partnerships and financial planning for high-net-worth family groups. Prior to joining EY, he was an attorney in the Passthroughs and Special Industries division of the Office of the Chief Counsel of the IRS. He was a principal author of the NIIT regulations under §1411 of the Internal Revenue Code and Revenue Procedure 2013-30, Uniform Late S Corporation Election Relief. Dave is the author of the Bloomberg-BNA Tax Management Portfolio on the §1411 tax.

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