Our tax practice services a broad and diverse client base ranging from individuals and small closely held businesses to Fortune 500 companies. We represent our clients in civil and criminal tax proceedings before federal, state, local, and foreign tax authorities, administrative tribunals and courts involving a spectrum of income, estate, gift, excise, franchise, property, license, sales, use, and value added tax matters. Additionally, our tax practice includes a team of professionals who specialize in tax credit transactions. These include the representation of developers, lenders, syndicators, investors, and community development entities. Please review our tax credit practice section for more information.

We believe it is essential to fully understand our clients’ business. Familiarity with their operations provides us valuable insight into the company’s tax administration process and therefore, gives us a distinct advantage when identifying transactions and operations that may potentially raise tax issues. Because of this, we are able to assess the situation and quickly make informed decisions regarding the approach needed to obtain timely resolution.

Tax Advice

Members of the group have tax advice experience in:

  • Federal and state tax planning in connection with the formation, acquisition, disposition, reorganization and liquidation of publicly and closely-held corporations, partnerships, and joint ventures;
  • Structuring and negotiating a variety of federal and state tax credit transactions, including low-income housing, new markets, historic, and renewable energy tax credits; and asset management issues;
  • Practicing before the IRS National Office, the Treasury Department and Congressional tax writing committees in connection with requests for advance rulings and technical advice, regulatory and tax legislative matters, and other Washington-oriented assignments;
  • Federal and state tax planning for inbound and outbound transactions involving foreign taxpayers, intercompany transfer pricing, foreign currency transactions, and other international tax matters; and
  • Preparation of tax-related opinions and disclosure materials in connection with corporate reorganizations, partnership syndications, stock and debt offerings, recapitalizations, tax-exempt financings, specialized investment vehicles (e.g., REITs, REMICs and RICs), and sophisticated real estate transactions.

Tax Controversy

The Tax Controversy Group represents corporate, tax exempt, and individual and estate clients on numerous tax issues - some of which have been favorably resolved prior to litigation or are currently ongoing at various stages (both pre- and post-petition) in the judicial system.  These issues, among others, include:

  • Research tax credit qualification and documentation;
  • Historic easement;
  • Partnership disguised sale;
  • Cancellation of indebtedness;
  • Theft loss;
  • NOL carryback (including specified loss carryback determinations);
  • Capitalization/expense, both operationally and in context of transactional matters; and
  • Valuation and discount issues (including closely held businesses, real estate, art work).

The Group is currently involved in TEFRA proceedings, Fast Track Appeals, FIN 48 analysis, and privilege issues and has additional tax controversy experience with the following:

  • International, federal and state tax controversies arising out of the formation, acquisition, disposition, reorganization and liquidation of publicly and closely-held corporations, partnerships and joint ventures;
  • Controversy as it relates to the creation, operation and dissolution of employee benefit qualified and non-qualified plans, welfare plans, health insurance continuation coverage under COBRA, executive compensation arrangements and multi-employer plan withdrawal liability;
  • Advocacy before the IRS National Office, the Treasury Department and Congressional tax committees in connection with requests for advance rulings and technical advice, regulatory and tax legislative matters, and other Washington-oriented matters;
  • International, federal and state tax controversies related to inbound and outbound transactions of foreign and domestic taxpayers, intercompany transfer pricing, foreign currency transactions and other international issues;
  • International, federal and state tax controversies related to estate, gift and inheritance taxes;
  • International, federal and state tax controversies in connection with corporate reorganizations, partnership syndications, stock and debt offerings, recapitalizations, tax-exempt financings, specialized investment vehicles ( e.g., REITs, REMICs and RICs), and sophisticated real estate transactions; and
  • A broad range of federal and state tax controversies of colleges and universities, public charities, private foundations and other tax-exempt organizations.