The Tax Controversy and Litigation Practice is led by Miriam Fisher, a former special assistant to the Assistant Attorney General for the U.S. Department of Justice Tax Division, and served as chair of the Civil and Criminal Penalties Committee of the ABA's Section of Taxation. We deal regularly with the IRS, the Treasury, the Department of Justice, and state taxing authorities in resolving tax disputes and cases, and we have successfully litigated a variety of tax disputes in the U.S. Tax Court, the U.S. Court of Federal Claims, and federal district and appellate courts and their state counterparts.
Our ability to represent clients successfully in tax disputes is further enhanced by the strength of our Controversy team which includes:
- Miriam Fisher, federal tax controversy, including investigations (former special assistant to the Assistant Attorney General, Justice Department Tax Division)
- Mark Matthews, federal tax controversy, emphasis on investigations (former IRS Deputy Commissioner and Chief of the IRS Criminal Investigation Division)
- Gary Wilcox, federal tax controversy, and corporate tax issues (former IRS Deputy Chief Counsel )
- William Colgin, federal, civil tax controversy (former Justice Department Tax Division trial attorney)
- Kim Reeder, state tax controversy and planning
- Brian McManus, federal tax controversy
Our tax litigation representations include diverse industries involving a wide array of domestic and international substantive tax issues in the areas of income, estate and gift, excise, and employment tax, as well as in the tax-exempt arena. We often are required to apply complex provisions of the tax law to facts arising out of highly specialized areas such as transfer pricing, business valuation, oil and coal production, corporate finance, foreign law, financial and regulatory accounting, and insurance. In preparing cases, we work closely with in-house specialists as well as with private sector and academic consultants and expert witnesses. We work in a fully integrated fashion with our clients' in-house counsel and tax directors, and take pride in understanding and achieving our clients' goals in tax disputes.
In addition to representing clients in tax litigation, we frequently counsel clients regarding tax procedures, such as reporting and disclosure requirements, the avoidance or abatement of tax penalties, privileges, summons enforcement, and domestic and foreign discovery. We have been involved extensively in representing professional firms and investor/clients facing scrutiny in connection with transactions deemed tax shelters by the IRS. We also represent clients involved in criminal tax investigations advising at the entity, senior management, or outside advisor level during the grand jury process, at indictment and post-indictment.
Our Tax Controversy and Litigation Practice's ability to realistically evaluate litigation hazards has led to extraordinarily favorable settlements for clients at the examination and IRS Appeals levels and in pretrial settlements, including the following:
- Successfully defended a $550 million injunction action brought by the U.S. Department of Justice in federal district court against an offshore insurance company and its principals.
- Represented a professional services firm in connection with a high-profile examination and resulting litigation concerning the firm's role in advising clients on tax-advantaged transactions.
- Favorably settled federal excise tax refund litigation in the U.S. Court of Federal Claims for an energy industry client.
- Favorably settled a Tax Court case, post-trial, concerning an allocation issue arising from the purchase of a business with a non-compete covenant.
- Resolved numerous cases at IRS Examinations and Appeals without adjustment to the taxpayer's original return position, including disputes involving worker classification, motor fuel excise tax, conservation easement valuation, estate tax valuation, and a wide variety of corporate, partnership, and individual income tax issues.
- Obtained favorable technical advice at the IRS Examination level in an industry wide dispute with the IRS over energy tax credits.