Tax Controversy and Litigation

Our lawyers are experienced in all aspects of tax controversy and litigation. Our recent experience includes:

• winning a case for a fast moving consumer goods company involving the taxation of foreign sales corporations. The US Court of Appeals for the Sixth Circuit reversed a trial court ruling dismissing the claim and remanded for entry of an appropriate judgment in favor of the taxpayer
• winning a retail client's $150 million tax dispute with the IRS over cross-border financing transactions. The government conceded that there was no tax liability
• achieving a very favorable IRS Appeals Office settlement for a major restaurant chain in a tax controversy related to the federal income tax treatment of gift cards. The settlement resulted in significant change in relevant IRS published guidance
• representing a national transportation company in a research tax credit case involving computer software development. The court ordered a partial summary judgment in our client's favor with respect to the legal standard applicable to internal use software
• representing a Fortune 100 insurance company on appeal in a case involving two questions of first impression—whether compensatory and punitive damages awarded to an insured are part of the company’s losses incurred on insurance contracts that are deductible when booked rather than when paid, and whether a nonlife operating loss is to be taken into account in calculating adjusted current earnings for purposes of the corporate alternative minimum tax