M.A., Economics, University of Michigan B.A., Economics, Dickinson College

Transcription

1 1900 L Street, NW; Suite 312 Washington, DC (703) (M) Clark.Chandler@econpartners.com Clark Chandler Position Education Partner, Economics Partners, LLC Ph.D., Economics, University of Michigan M.A., Economics, University of Michigan B.A., Economics, Dickinson College Professional Dr. Chandler has worked in the area of applied economics since 1978, and has been actively Summary involved in transfer pricing analysis since the mid-1980s. Dr. Chandler has substantial experience in assisting taxpayers at all levels of transfer pricing controversy, planning and compliance. In the area of controversy, Dr. Chandler has assisted taxpayers at audit and appeals in the United States, as well as by providing expert testimony in Tax Court. He has also prepared numerous studies that have been used in Advanced Pricing Agreements (APAs) and in Competent Authority negotiations. In the areas of planning and compliance, Dr. Chandler has helped taxpayers implement a wide range of international pricing, licensing and cost sharing projects. During the course of his career, Dr. Chandler has worked with the U.S. Internal Revenue Service as well as various other tax authorities both with evaluating the transfer pricing of specific taxpayers and in developing general positions and the provision of training. Dr. Chandler has also worked on a number of projects dealing with U.S. anti-dumping, countervailing duty and Section 201 studies. This has included the development of economic analysis used to evaluate the impact of imports on the economic performance of U.S. industries and the provision of testimony before the International Trade Commission. Finally, Dr. Chandler has been a principal investigator in a number of studies conducted for the U.S. Government, including studies on international trade in services, the export problems of high technology industries (computers, telecommunications equipment, industrial and scientific instrumentation), and the potential role of export trading companies and small business export associations in promoting U.S. exports. Prior to joining Economics Partners, Dr. Chandler worked as a principal in the Washington National Practice (with a specialty in economics) at KPMG. In this role, Dr. Chandler provided national support to KPMG s economic practice in the area of transfer pricing and the valuation of intellectual property. Dr. Chandler was also the lead technical advisor with respect to transfer pricing issues for KPMG s Global Transfer Pricing Services. In this role Dr. Chandler was responsible for the preparation of GTPS regular technical memoranda, its advanced transfer pricing training, and played a key role in the review and development of technical content for KPMG s major international conferences. Dr. Chandler has also provided comments at various OECD meetings dealing with its recent project on Base Erosion and Profit Shifting. Professional American Economic Association Associations National Association of Business Economists Testimony Experience Guidant LLC, F.K.A., Guidant Corporation and Subsidiaries., et.al. v Commissioner of Internal Revenue, Expert Rebuttal Report of Clark Chandler, U.S. Tax Court Docket Nos , , , , , , June 20, 2016 (Written Testimony)

2 Clark Chandler Page 2 of 6 Guidant LLC, F.K.A., Guidant Corporation and Subsidiaries, et.al. v Commissioner of Internal Revenue, Expert Report of Clark Chandler, U.S. Tax Court Docket Nos , , , , , , May 2, 2016 (Written Testimony) Eaton Corporation and Subsidiaries v. Commissioner of Internal Revenue, An Economic Evaluation of Certain Section 482 Adjustments. U.S. Tax Court Docket No , March 25, 2015 (Deposition Testimony) U.S. International Trade Commission, 201 Hearings, Testimony on Hot-Rolled and Cold- Finished Bar, August 2001 Compaq Computer Corporation and Subsidiaries v. Commissioner of Internal Revenue, An Evaluation of the Intercompany Transfer Prices Between Compaq Asia (Pte.) Ltd. and Compaq Computer Corporation, For the Years U.S. Tax Court Docket No , September 28-29, 1998 (Trial Testimony) United Parcel Service of America, Inc. on Behalf of Itself and its Consolidated Subsidiaries v. Commissioner of the Internal Revenue, An Economic Analysis of Certain IRS Adjustments with Respect to Excess Value Insurance Offered to Customers of United Parcel Service of America, Inc. By National Union Fire Insurance Company of Pittsburgh, PA and By National Union Fire Insurance Company of Pittsburgh, PA and Overseas Partners Ltd. U.S. Tax Court Docket No , November 6, 1997 (Trial Testimony) DHL Corporation and Subsidiaries v. Commissioner of Internal Revenue, An Economic Evaluation of Certain Section 482 Adjustments. U.S. Tax Court Docket Nos and , August, 1997 (Trial Testimony) ASAT, Inc. v. Commissioner of Internal Revenue, An Economic Evaluation of the International Examiners Methodology and Resulting Adjustment. U.S. Tax Court Docket No , December 28, 1995 (Trial Testimony) Nestle Holdings, Inc. v. Commissioner of Internal Revenue, An Economic Evaluation of the Royalty Rates Paid By Nestle Foods Corporation and The Carnation Company in U.S. Tax Court Docket No and Associated Dockets, July 29, 1994 (Written Testimony) Nestle Holdings, Inc. v. Commissioner of Internal Revenue, An Economic Evaluation of the Arm s Length Nature of the Relationship Between Westreco and Nestec for the Years and Between Calreco and Nestec for The Six Months Ending December 31, Tax Court Docket No , , , , and , July 29, 1994 (Written Testimony) Bergersen v. Commissioner, U.S. Tax Court Docket No , for Respondent, March 22, 1994 (Trial Testimony) Apple Computer, Inc. v. Commissioner, Tax Court Docket No , July/August 1993 (Testimony at Arbitration Hearing) National Semiconductor Corporation v. Commissioner, Tax Court Docket Nos and , for Respondent, February 1993 (Trial Testimony)

3 Clark Chandler Page 3 of 6 Yamaha Motor Corporation, U.S.A. v. Commissioner, Tax Court Docket No , for Respondent, October 1992 (Deposition Testimony) Atasi Corporation et al., Plaintiffs, v. Seagate Technology, et al., Defendants, United States District Court, Northern District of California, San Jose Division, Civil Action No. C WA 1, March 26, 1992 (Deposition Testimony) Seagate Technology, Inc. v. Commissioner, Tax Court Docket No , for Petitioner, November 1991 (Trial Testimony) Westreco, Inc. v. Commissioner, Tax Court Docket No , for Petitioner, December 1988 (Trial Testimony) Bausch & Lomb, Inc. v. Commissioner, Tax Court Docket No , for Respondent, August 1987 (Trial Testimony) Gerard Kennedy (Plaintiff) v. United States Government Department of Health and Human Services, Food and Drug Administration (Defendant), U.S. District Court for the Northern District of Ohio, Eastern Division, Civil Action Nos. (C , C86-1, for IOLAB Corporation - (Intervenor-Defendant), April 17, 1986, Affidavit Publications The Challenge of BEPS Documentation. What s News in Tax, September 21, 2015 Working Comparison and Reconciliation of the Economic Approaches Used in Financial Statement and Transfer Pricing Valuations. BNA Portfolio, August 27, 2015 Key Considerations in Preparing the Master File. Bloomberg BNA: International Transfer Pricing Journal, October 2014 Why US Multinationals Need to Worry About BEPS. Bloomberg BNA: International Transfer Pricing Journal, September 15, 2014 Transfer Pricing in the World of BEPS. What s News in Tax, July 7, 2014 An Evaluation of the OECD s Revised Discussion Draft on Intangibles. What s News in Tax, December 9, 2013 Location Specific Advantages in the Transfer Pricing Limelight. What s News in Tax, July 15, 2013 Proposed OECD Chapter VI on Intangibles: A Comparison with Chapter IX on Restructuring. Bloomberg BNA: Tax Management Transfer Pricing Report, November 29, 2012 As the OECD Works to Define Intangibles, A Plea for Clarity. BNA: Transfer Pricing Report, December 15, 2011 Why the IRS Income Method is Not Really a New Method. BNA: Tax Management Transfer Pricing Report, December 1, 2011

4 Clark Chandler Page 4 of 6 Fair Value & Transfer Pricing: And the twain shall never meet? Transfer Pricing Panel ABA Fall Conference, Denver, October 21, 2011 OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations Introduction. KPMG/OECD, July 22, 2011 Introduction. KPMG: A World in Transition - Managing the Transfer Pricing Implications of Complex Supply Chains, April 2011 Veritas: the Tax Court Again Sides with the CUT Method. BNA: Transfer Pricing International Journal, April 2011 Why the Acquisition Price Method and Income Method Give Different Answers Under the Same Set of Facts. BNA: Tax Management Transfer Pricing Report, December 2, 2010 Recent Developments in Integrating Customs, Transfer Pricing. BNA: Tax Management Transfer Pricing Report, September 9, 2010 Tipping the Balance in Favor of APAs. BNA International: Transfer Pricing International Journal, July 2010 Reconciliation of Purchase Price Allocation and Transfer Pricing. BNA Transfer Pricing International Journal, April 2010 Consignment Manufacturing in Today s Economy. BNA Transfer Pricing International Journal, April 2010 U.S. International Tax Enforcement Update. Tax Notes International, January 25, 2010 Transfer Pricing in the Pharmaceutical Industry. Training for the SAT, September 16 and 17. Transfer Pricing and the CPM/TNMM in a Downturn. KPMG: Planning for the Recovery Examining Transfer Pricing in the Current Environment and Beyond, September 2009 The Nexus Between Customs Valuation and Transfer Pricing. Tax Management Inc. a subsidiary of The Bureau of National Affairs, Inc., August 2009 Restructuring Operations and Contractual Arrangements Under OECD Business Restructuring. BNA International Tax Planning: Special Report Transfer Pricing in a Recession, April 2009 Determining Taxable Income in Connection with Cost Sharing Arrangement: A Review and Analysis of the Temporary Cost Sharing Regulations. Taxes The Tax Magazine (CCH), May 2009 (with Charles Cope and Thomas Zollo) Schedule M Adjustments and Other Transfer Pricing Issues That Should Be Thought Through Sooner Rather Than Later. What s News in Tax, September 26, 2008 Introduction. International Tax Review: Tax Reference Library Transfer Pricing (No. 35), July 2007

5 Clark Chandler Page 5 of 6 Sharing Intellectual Property with Affiliates in China: Status of Chinese Cost Sharing Rules and Other Observations. Tax Executive, November/December 2006 issue Testing Versus Setting Transfer Prices. International Tax Review Tax Reference Library, 8th Edition, June 2006 Editor, International Tax Review Tax Reference Library, 8th Edition, June 2006 Methods to Determine Taxable Income in Connection with a Cost Sharing Arrangement: A Review and Analysis of the Proposed Cost Sharing Regulations. Taxes - The Tax Magazine, December 2005 The IRS s Cost Sharing Proposal: A Change in Direction. BNA, October 2005 How to Deal With Intangibles. International Tax Review Tax Reference Library, 7th Edition, June 2005 Editor, International Tax Review Tax Reference Library, 7th Edition, June 2005 Editor, International Tax Review Tax Reference Library, 6th Edition, June 2004 Profitability Measures, Working Capital Intensity, and Return on Capital Employed: Implications for Transfer Pricing Policy. Policy Paper for the Australian Tax Office, April 30, 1999 Practical Aspects of Transfer Pricing. Presented to the Tax Executives Institute, Inc., Santa Clara, CA, November 19, 1996 Insights on Transfer Pricing. A panel discussion with the authors of The New Tax Management Transfer Pricing Portfolios, sponsored by the New York University and Tax Management Educational Institute, New York City, June 12, 1995 Valuation of Intangibles Under Section 482: Impact of the Temporary Regulations. Presented to Tax Executives Institute, Inc., Washington, D.C., March 22, 1994 Economic Issues in Intercompany Transfer Pricing. (joint with Irving Plotkin) Special Report for Tax Management, Inc., a subsidiary of The Bureau of National Affairs, Inc., October 1993 The Arm s Length Standard and the Proposed Section 482 Regulations. Presentation Before the World Trade Institute, Boston, Massachusetts, June 4, 1992 Economic Consulting Services Inc., International Transfer Pricing: Key Section 482 Issues: A Seminar for the Anti-Friction Bearing Manufacturers Association. February 1989 A Suggested Approach To The Calculation of Super Royalties. Tax Notes, February 9, 1989 IRS Transfer Pricing Rules and Exchange Rates: Some Basic Concepts. International Quarterly, Vol. 1, No. 1, pp , January 1989

6 Clark Chandler Page 6 of 6 The Effects of Exchange Rate Changes on U.S. International Trade: Selected Key Issues. Presented to the Association for Public Policy Analysis and Management, Tenth Annual Research Conference, October 27-29, 1988 Market-Based Transfer Prices. Presented at a seminar sponsored by Mayer, Brown & Platt and Economic Consulting Services Inc., April 16, 1987 The Effects of the Private Sector on the Labor Behavior of Soviet Collective Farmers. Robert Stuart (ed.), The Soviet Rural Economy, (Rowman and Allanheld, Totowa, New Jersey), 1984 A Study of the Feasibility of Using Export Associations to Promote Increased Exports By Small Businesses. Prepared for the Small Business Administration, February 1982 Working Paper on a Study of the Feasibility of Using Export Associations to Promote Increased Exports By Small Business. Paper presented to the Small Business Conference, Bentley College, Waltham, Mass, March 1, Presented as part of a study funded by the Small Business Administration The Effects of the Private Sector on the Labor Behavior of Soviet Collective Farmers. Paper presented to the Conference on Studies in the Soviet Rural Economy, Kennan Institute for Advanced Russian Studies, occasional Paper No. 128, April 13-14, 1981