John B. Magee

Partner

John B. Magee focuses on tax controversy with a general emphasis on complex domestic and international issues and a particular emphasis on transfer pricing issues. His transfer pricing experience includes extensive identification, valuation, and movement of intangible properties in a wide range of industries. His more than 30 years’ experience includes all aspects of income tax planning, Internal Revenue Service administrative proceedings, and tax litigation. John has been rated in Chambers USA Band 1 - National Tax Controversy since the category was established.

Extended Profile

John tries cases in the US Tax Court, the US Court of Federal Claims, and the US District Courts and argues before the US Court of Appeals. He has represented in docketed cases, among others, Amazon.com, B.F. Goodrich, Boeing, The Dow Chemical Company, ExxonMobil, General Electric, GlaxoSmithKline, Marriott Corporation, and the Weyerhaeuser Company. Recognized by Chambers USA as “world-class tax litigator,” John is described as a “superb trial lawyer who knows how to talk to courts and fight the government,” and “a veteran with superb insight.” John has been named a leading tax lawyer by various publications for more than a decade and is celebrated by peers for bringing “a very high-quality manner of presentation” to his work. John is also the recipient of the International Tax Review’s 2016 Americas Transfer Pricing Practice Leader of the Year Award.

John taught “Introduction to Transfer Pricing” as an adjunct professor in the Graduate Tax Program of Georgetown University Law Center for a number of years and speaks extensively in various tax forums. He is a member of the American Law Institute and the American College of Tax Counsel.

Prior to joining Morgan Lewis, John was a partner in the corporate practice of another international law firm, where he was leader of the tax practice.

selected representations

Most recent docketed cases include the following:

Amazon.com v. Commissioner, Tax Court Docket 31197-12; Judge Albert G. Lauber; transfer pricing: valuation of Cost Share Buy-in and related CSA issues; five-week trial closed December 2014; briefing fully submitted July 2015
The Coca-Cola Company v. Commissioner, Tax Court Docket 31183-15; petition filed December 2015
The Dow Chemical Company v. United States, 2013-1 USTC ¶ 50,204 (M. D. La. 2013), affirmed in part, vacated and remanded in part, 766 F.3d 453 (5th Cir. 2014)
kgb v.Commissioner, Tax Court Docket No. 4667-13; answer filed April 29, 2013; Judge Albert G. Lauber