OUR WORK. TAX CONTROVERSY - Overview

Similar documents
OUR WORK. TRUST & ESTATE LITIGATION - Overview

PATRICK S. COFFEY. Chicago, IL office: office:

Current California "Strict Liability" Penalty Issues Under Revenue and Taxation Code Sections and 19138

Multistate Tax Controversy Services

Refunds of Tax Paid Under Protest and Other Tax Refunds. Prepared by Trina Griffin, Research Division Revenue Laws Study Committee October 3, 2006

SUMMARY OF THE 2014 MISSISSIPPI TAXPAYER FAIRNESS ACT

FEDERAL TAX UPDATE Taxation Section Program Hot Topics and Updates

DELL SERVICE CONTRACT TAX REFUND CLAIMS SETTLEMENT ( SBE Settlement )

The Commuter: Residents v. Non-Residents

Cataldo Tax Law. Michael J. Cataldo Shareholder Education. Admissions. Background

Litigation and Controversy Update

OUR WORK. SUPERFUND, COST RECOVERY AND CONTRIBUTION - Overview

Abstract. Standard formulary apportionment, as currently adopted by states which impose a corporate level

CALIFORNIA UPDATE. Financial Institutions State Tax Coalition Annual Meeting November 12, Jeffrey M. Vesely Pillsbury Winthrop Shaw Pittman LLP

TAX CONTROVERSY & TRANSFER PRICING. December 2008

DELL SERVICE CONTRACT TAX SETTLEMENT ( Dell Settlement )

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 8, 2008 Session

Q UPDATE EXECUTIVE RISK SOLUTIONS CASES OF INTEREST D&O FILINGS, SETTLEMENTS AND OTHER DEVELOPMENTS

California's "Tax Amnesty": What Every California Taxpayer Should Know

ALABAMA COURT OF CIVIL APPEALS

MATTHEW T. SCHELP. St. Louis, MO office:

GEORGE B. NEWHOUSE, JR., Senior Attorney

HOW THE 1998 TAX ACT AFFECTS YOUR DEALINGS WITH THE IRS APPEALS OFFICE. The IRS Restructuring and Reform Act of 1998.

Procedures for Protest to New York State and City Tribunals

Andrew M. Carlson. Shareholder IDS Center 80 South Eighth Street Minneapolis, MN p: f:

State Tax Return. Kristi L. Stathopoulos Atlanta (404)

Various publications, including FTB Publication 7277, "Personal Personal Income Tax Notice of Action

STATE OF WISCONSIN TAX APPEALS COMMISSION 06-S-200, 06-S-201, 06-S-202 AND 07-S-45 DAVID C. SWANSON, COMMISSIONER:

International. Contact us to learn more about our International Tax practice. Partnering With Our Colleagues. U.S. corporate tax directors and

Marc A. Simonetti. P: E:

FORGIVE AND FORGET - - THE CALIFORNIA EMPLOYMENT TAX AMNESTY. By Steven Toscher, Esq. March, 1995

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOU MAY BE REQUIRED TO FILE A CLAIM FORM. NOT ALL CLASS MEMBERS ARE REQUIRED TO FILE A CLAIM FORM.

In the Missouri Court of Appeals Eastern District

June 2010 State Tax Return. Amnesty Programs Continue Taxpayers With Unreported or Underreported Pennsylvania Taxes, Act Quickly!

David C. Gair. Partner

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS. PPC s Guide to Dealing with the IRS. Twenty-fourth Edition (June 2016)

Current Federal Tax Developments

Ross O. Silverman. Partner Chicago p Practices. Industries. Recognition. Selected Experience.

Does a Taxpayer Have the Burden of Showing Intent to Divert Corporate Funds as Return of Capital?

California Voluntary Compliance Initiative II for Abusive Tax Avoidance Transactions and Offshore Financial Arrangements.

The Audit is Over Now What?

State and Local Taxation Update: Information Sharing and Transparency

State and Local Tax Update. Tuesday, November 28, 2017 Wichita Country Club Tim Hartley - Director

INSURANCE COVERAGE COUNSEL

CITY OF LOS ANGELES, Plaintiff and Appellant, v. CENTEX TELEMANAGEMENT, INC., Defendant and Respondent.

Eleventh Court of Appeals

Fair Reflection: Defending Against or Applying Alternative Apportionment

Hold the Intercompany Transactions State and Local Tax Considerations

SUPREME COURT OF ALABAMA

NOTICE OF CLASS ACTION SETTLEMENT:

Foreign Bank Accounts? IRS Amnesty Expires August 31, 2011 Call for your Risk Benefit Analysis (415)

The Most Important State And Local Tax Cases Of 2017

State & Local Tax. State & Local Tax. pillsburylaw.com 1. Pillsbury Winthrop Shaw Pittman LLP pillsburylaw.com

CALIFORNIA UPDATE. Financial Institutions State Tax Coalition Annual Meeting November 13, Jeffrey M. Vesely Pillsbury Winthrop Shaw Pittman LLP

Vendor Liability Risks

Chapter XI TAXATION CONDENSED OUTLINE

Eric B. Bruce Lawyer WASHINGTON DC NEW YORK. Admissions

418, which is frequently referred to as the Prompt Pay Legislation (SB 418). SB 418

M. Gabrielle Hils Of Counsel

Insurer s Duty to Defend Did Not Require That It Also Prosecute Affirmative Counterclaims on Insured s Behalf, Massachusetts Top Court Decides

The Cigna Decision: A Road Map to Dealing with Out-of-Network Providers

Securities, Financial and Directors & Officers Litigation. Practice Overview

2018 Tax Executives Institute, Inc. Houston Texas May 11, 2018 ALL STATES UPDATE. Marilyn M. Wethekam (312)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner Z Financial, LLC, appeals both the trial court s granting of equitable

Doug Jones. Partner. 600 Congress Ave., Ste Austin, TX O F. mcginnislaw.

Law Office of W. Mark Scott, PLLC

Chapter 41 - Legal and Other Proceedings

ADMINISTRATION OF JUSTICE Homework Exam Review WHITE COLLAR CRIME NAME: PERIOD: ROW:

AMC 2017 Session 8 Track C Partnership and Operating Agreements Must Change: The Impact of the New IRS Partnership Audit Rules

Eric B. Bruce Lawyer WASHINGTON DC NEW YORK. Admissions

Litigation & Dispute Resolution

Colorado Out of State Retailers Must Begin Collecting Sales Tax Soon

2012 Winston & Strawn LLP

LLM in Taxation. Required Courses

Appeals NOTICE. ALI CLE - Handling a Tax Controversy: Audit, Appeals, Litigation and Collections October 8-9, 2015

A. Administration means one or more of the following administrative duties or activities with respect to a Plan:

Conformity Issues in SALT

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

For more than 175 years, Baker Botts has been among the leading law firms in the world. Today, with 725 lawyers based in 14 offices around the world,

When Trouble Knocks, Will Directors and Officers Policies Answer?

MUNICIPAL LEGAL DEFENSE PROGRAM Effective 1/1/79 As Amended 1/1/19

SUPREME COURT OF THE UNITED STATES

The Renaissance Centre, Suite North King Street Wilmington, DE Phone: Fax:

Workshop S. U.S. Supreme Court Decision on South Dakota v. Wayfair, Inc. Major Direct Tax Ramifications

Kauffman Kilberg LLC. The Congress Center 1001 SW Fifth Avenue Suite 1414 Portland, OR 97204

Lynn A. Neils PARTNER EDUCATION AND HONORS

Insurance Industry Regulation. Unfair Claims Settlement Practices. Insurance Code (h) 1 & 2

Case Survey: May v. Akers-Lang 2012 Ark. 7 UALR Law Review Published Online Only

ACQUISITION STRUCTURE & TRANSACTION ISSUES

Jeff Friedman, Partner Michele Borens, Partner TEI Richmond Chapter March 19, 2014

NOTICE OF CERTAIN MATERIAL EVENTS AND RELATED MATTERS

Justice Department s Focus on Individual Responsibility Requires Broadening of Excess Side-A Difference-in-Conditions D&O Insurance Policies

A Professional Corporation

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CONFLICTS ISSUES FOR LARGE LAW FIRMS

If you owned property repossessed by Anheuser-Busch Employees Credit Union, you could get valuable benefits from a class-action settlement.

ERISA Litigation. ERISA Statute Fundamentals. What is ERISA, and where is the ERISA statute located? What is an ERISA plan?

APPENDIX GRADUATE TAX COURSES

Five Questions to Ask to Maximize D&O Insurance Coverage of FCPA Claims

Amendments That Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability

Transcription:

TAX CONTROVERSY - Overview Our federal tax and state and local tax attorneys have joined their technical tax experience with the Firm s experienced litigation attorneys to form the Tax Controversy Practice providing a team approach to representing clients in federal, state and local tax controversy matters. Federal Tax Controversy and Other Internal Revenue Service Matters We routinely represent taxpayers in matters involving the Internal Revenue Service. We have the technical and procedural experience necessary to successfully request private letter rulings. Our attorneys frequently represent clients before the IRS audit including drafting and negotiating protests before the appeals office. We represent clients in litigation before all federal trial and appellate courts including the United States Tax Court. State and Local Tax Controversy Matters We have national experience in state tax controversy matters. Our attorneys represent clients in state tax audits to formulate state and multistate audit strategies and negotiate successful audit settlements. Our attorneys represent clients before state tax administrative agencies and state judicial proceedings from trial through the appellate level. We also work with clients to formulate legislative and regulatory solutions to state and local tax issues.

TAX CONTROVERSY - Attorneys Geoffrey M. Davis Partner Office: 312 923-8302 Email: gdavis@jenner.com Christian E. Kimball Partner Office: 312 923-2662 Email: ckimball@jenner.com Gail H. Morse, P.C. Partner Office: 312 923-2672 Email: gmorse@jenner.com

Lawyers!--%= render_cell(:attorneys, :default) %>--> Our Work Federal Tax Controversy Matters Representation of Fortune 100 company in Tax Court litigation involving several issues including whether the company could properly claim tax credits for certain research and engineering expenses and whether the company s multi-year contracts with the government could be properly accounted for under the completed contract method of accounting. Representation of a large publicly traded corporation in a $103 million tax refund lawsuit in the United States Court of Federal Claims. The litigation challenged the validity of the Treasury Department s loss disallowance regulations, and involved the standard under which long term contracts will be deemed completed using the completed contract method of accounting. Finally the lawsuit challenged the IRS refusal to allow the taxpayer to account for certain procurement contracts under its normal method of accounting, as opposed to the percentage completion method of accounting as if the procurement contracts were qualified long term contracts. Representation of a publicly traded company in its appeal to the United States Court of Appeals for the Seventh Circuit challenging the IRS determination that the company had too quickly depreciated certain leasehold improvements. Representation of a publicly traded company before the United States Court of Claims and the United States Court of Appeal for the Federal Circuit with respect to application of the appeal filing deadlines of the Federal Rules of Civil Procedure and the rules effect on the finality of the taxpayer s lower court tax victory. Representation of a publicly traded company before the United States Court of Federal Claims with respect to the IRS rules for determining the timing of an overpayment and underpayment and the accrual of interest. Representation of a Fortune 100 company before the IRS appeals office with respect to valuation and amortization of intangible property included in a deemed asset acquisition of another large publicly traded company. Representation of a publicly traded company before the IRS with respect

to the tax treatment of contract rights distributed in an acquisition, with amounts at stake greater than the company's annual before-tax income. Representation of a large partnership before the IRS with respect to valuation and allocation of income on the sale of contributed assets. Representation of a privately held company before the Tax Court and Seventh Circuit Court of Appeal challenging the IRS application of the accumulated earnings tax. Representation of an individual taxpayer in Tax Court litigation regarding the deductibility of contributions to the taxpayer s private foundation. Representation of a Fortune 500 company before the IRS appeals office with respect to the allowability of losses from a corporate restructure which the IRS challenged as an improper tax shelter. Representation of a large publicly traded company before the IRS in connection with foreign sales corporation accounting issues. Representation of corporations, pass-through entities and other business organizations with respect to personal holding company determinations, debt v. equity issues including dividend characterization, qualification for tax free treatment under IRC sections 351, 355, and 368, partnership audits, financial structures treated as tax shelters and employee characterization issues. In connection with our White Collar Criminal Defense group, representation of individual and corporate clients in criminal tax defense actions. State and Local Tax Controversy Matters Defense of several publicly traded sporting goods retailers against an action under the Illinois Whistle Blowers Act seeking the collection of Illinois sales/use tax on Internet sales. Representation of a publicly traded company in refund litigation related to characterization of income from the sales of certain assets as nonbusiness income. Representation of a publicly traded company in negotiations related to determinations that portions of its business should have been treated as part of a unitary group.

Prosecution of refund claims before the California State Board of Equalization for sales and use tax paid by a government contractor on overhead material purchased for use in connection with its government contracts which was resold to the government before such use. The California State Board of Equalization had denied the refund claims taking a narrow view of the applicability of Aerospace v. SBE; 218 Cal. App 3d 1300; 267 Cal. Rptr. 685 (1990). Representation of a publicly traded company in adjudicating several million dollar real property tax dispute before the U.S. Bankruptcy Court. Representation of government contractors in state administrative and judicial proceedings to establish the resale exemption from sales and use tax for the purchase of overhead materials to be used in connection with the performance of a government contract, but resold to the government before such use. Representation of a publicly traded company regarding allegedly underpaid tax for a period of more than seven years. Representation in an Illinois Protest Monies Act suit, refund claim and federal declaratory relief action against the Illinois Department of Revenue concerning the liability of a federally exempt entity for state excise taxes. Representation of a publicly traded company before the Illinois Department of Revenue regarding the Department s determination that a group of related corporations were part of a unitary group. Representation of limited partners against a tax collection action initiated by the California State Board of Equalization for sales and use taxes imposed on the partnership. After defending against the collection action, sued the State of California for attorneys fees for the state s unreasonable actions in initiating and maintaining the collection action. Sued the States of Tennessee and Arkansas on behalf of privately held companies for attorney fees incurred in defending against each state s attempt to impose sales tax collection responsibilities on out-of-state taxpayers, an action determined to be unconstitutional in the Supreme Court s decision in Quill v. North Dakota. Representation of a private company in its commerce clause challenge to the State of New York s imposition of state use tax. Representation of a private company in its foreign commerce clause

challenge to the State of Illinois imposition of sales tax on imported goods. Representation of several not-for-profit entities in their actions for administrative review in the Circuit Court of Cook County challenging the Illinois Department of Revenue s denial of their request for state tax exemption. Representation of a privately held company against the California State Board of Equalization s position that ATM service charges are included in taxable gross receipts causing the state to amend its regulations to provide that such charges are considered non-taxable finance charges. Representation of professional service corporations before the California Franchise Tax Board concerning the constitutionality of imposing the state s minimum franchise tax on such corporations who are members of a partnership doing business in the state, but who are not themselves doing business in the state or even authorized to do business in the state. Representation of various business enterprises in California with respect to independent contractor characterization actions. Representation of corporations and individual taxpayers before the Illinois Department of Revenue in state tax collection actions, including representation before the Illinois Department of Revenue Board of Appeals, in offer in compromise actions and voluntary disclosure petitions. Representation of a banking institution before the Wisconsin Department of Revenue and the Wisconsin Tax Appeals Commission. Representation of individuals and business entities in number of states to successfully negotiate voluntary disclosure agreements for income, sales/use and unclaimed property issues. Representation of a large publicly traded multinational company in a putative class action involving allegations that the company assessed and billed certain state and local excise taxes in violation of federal law. From The Library Awards and Recognitions

49 Firm Partners to be Recognized in 2016 Edition of Chambers USAMarch 21, 2016!--%= render_cell(:recent_awards, :display, :posts => [], :practice => 239) %>-->!--%= render_cell(:recent_events, :display, :posts => []) %>-->!--%= render_cell(:recent_news, :display, :posts => []) %>-->!--%= render_cell(:recent_publications, :display, :posts => []) %>-->