Media Mentions
2008
Robin Greenhouse was quoted in the August 11 issue of Tax Analysts on the recent district court ruling that requires a company to release to the government documents it claimed were subject to nondisclosure by the tax practitioner privilege. "I've been concerned about the scope of the tax practitioner privilege for some time and in particular the legal implications of a ruling in a summons enforcement case that the transaction at issue is a tax shelter for purposes of the tax shelter exception under section 7525," Ms. Greenhouse said.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was mentioned in the August 7 issue of the Daily Tax Report for being part of the team representing Wal-Mart Stores, Inc. The North Carolina Court of Appeals ordered in camera review of tax documents related to consulting services Ernst & Young provided to assist Wal-Mart Stores, Inc. in implementing tax shelters to see if any of the materials is protected from a DOR summons.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the July 28 issue of The National Law Journal on how the attorney work-product fight is now taking shape in the federal courts, most recently in the Textron and Regions cases. Ms. Greenhouse commented that the work-product controversy may be "something of a perfect storm," triggered by post-Enron demands for greater financial disclosures.
Robin L. Greenhouse, Tax, Tax Controversy
Bill Goldman was quoted in the July 14 edition of The Daily Record on Dang Chien Thang's, a native of Vietnam, first visit to the United States earlier this month. "His participation has been invaluable," said Goldman, a Global Community Service Foundation board member who, as chairman of the program committee, works closely with Thang.
William L. Goldman PC, Tax, Tax Controversy
Blake Rubin was quoted in the May 22 issue of Federal Tax Weekly in an article regarding how final regs apply substantial economic effect rules to indirect partners. Mr. Rubin commented that the final regs contain minor "tweaks" to the regs proposed in 2005 and that the existing regs "already [involve] burden."
Blake D. Rubin, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 22 issue of CCH Federal Tax Weekly on Regions Financial Corp. et al. v. United States. Ms. Greenhouse explained that both Regions and Textron (a much-heralded IRS loss on privilege that is now on appeal in the First Circuit) found that it would be unfair for the government to obtain these documents. "It's not helping the IRS develop the facts or develop issues. It's really just telling the IRS--This is how the taxpayer values the case." Ms. Greenhouse further pointed out that the government would be just as adamant about protecting its own work product documents as well.
Robin L. Greenhouse, Tax, Tax Controversy
Blake Rubin was quoted in the May 22 issue of Federal Tax Weekly in an article regarding proposed partnership allocation regs. Blake commented that the proposed regs further strengthen the anti-abuse rules. "The look-through concept certainly make sense," Mr. Rubin said.
Blake D. Rubin, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 15 issue of CCH Federal Tax Weekly on Regions Financial Corp. et al. v. United States. Ms. Greenhouse pointed put that, while application of the work product doctrine in Textron and Regions was the same, the facts were slightly different in what the IRS was seeking from the taxpayer. Ms. Greenhouse stated, "In Textron, they were looking more at the actual workpapers themselves...items indicating the percentage of likelihood of success...this is looking at the actual tax opinion that was prepared ... Regions is really looking at the opinion; Textron is looking at: Now what do they do based on their legal opinions?"
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 13 issue of Tax Notes on Regions Financial Corp. et al. v. United States. Ms. Greenhouse said the opinion was important, "Because it provides work product protection for a tax opinion that is prepared to evaluate the litigation risk of a particular transaction, even if it is understood at the time of preparation that such opinion will likely be disclosed to the independent auditor."
Robin L. Greenhouse, Tax, Tax Controversy
Jean Pawlow was mentioned in the April 10 issue of Tax Management Transfer Pricing Report for her presentation at the TEI 58th Midyear Conference. Ms. Pawlow said taxpayer comments about Tier 1 audits have made the process sound like buying a car in that the audit team seems to want to help but must periodically consult "someone in the back" who has decision-making power. Ms. Pawlow also said the teams, "Seem to keep telling us we have to go to Appeals."
Jean A. Pawlow, Tax, Tax Controversy
Jean Pawlow was mentioned in the April 8 issue of TaxAnalysts for her presentation at the TEI 58th Midyear Conference. Among other questions, Ms. Pawlow asked fellow panelist Patricia Chaback, industry director for LMSB's communications, technology and media division in Oakland, Calif., if it is appropriate for Appeals to be involved in the Industry Management Team (IMT). Chaback replied that even though an Appeals representative may be present on the team, Appeals maintains the "utmost level of independence" throughout the issue process and is subject to the ex parte rules.
Jean A. Pawlow, Tax, Tax Controversy
Robin Greenhouse was referenced in the January issue of The Tax Adviser about FIN 48 compliance. "Effective tax rate reconciliation workpapers, whether created by the taxpayer or the auditor, are part of the tax accrual workpapers" and are thus subject to restraint, Ms. Greenhouse was cited.
Robin L. Greenhouse, Tax, Tax Controversy
Greg Palmer was quoted in the January 14 issue of Crain's Chicago Business about how the Chicago Sun-Times may be faced with a tax bill for as much as $530 million. "Most companies faced with large tax liabilities file a protest, which typically triggers years of wrangling with the IRS appeals division," Mr. Palmer said. "It's likely to be a matter of years before this is resolved, given the magnitude of the proposed adjustments," he added.
Gregory G. Palmer, Tax, Tax Controversy
2007
Art Rosen was quoted in the September 15 edition of Sales & Use Tax Monitor regarding a New York-based manufacturer being held liable for a sales and use tax audit assessment based on available records. Upon a New York state audit, the manufacturer claimed necessary documents could not be produced once they had been turned over to the Bankruptcy Court. The Tax Appeals Division upheld an audit methodology based on the best records available. "This situation comes up all the time," commented Mr. Rosen. "Clients tell us they can't get access to the records because they're tied up in court. I think it's unfair to hold a company to a certain level of proof when they can't prove something because they don't have access to the documents," he said.
Arthur R. Rosen, Tax, Tax Controversy
Robin Greenhouse was quoted in an August 31 article published by Tax Analysts regarding the district court decision in United States v. Textron. The district court refused to enforce an IRS summons for the tax accrual workpapers of Textron Inc. and its subsidiaries, finding that the workpapers are protected by the work product privilege and that Textron didn’t waive that privilege by disclosing the documents to Ernst & Young, its independent auditor. Ms. Greenhouse said Textron was correctly decided and a significant win for taxpayers. “The long and the short of it is an issue of fairness. The court may have been influenced by fairness. That’s what really shows up on the last two pages of the opinion,” stated Ms. Greenhouse.
Robin L. Greenhouse, Tax, Tax Controversy
Art Rosen was quoted in the August 31 edition of Sales & Use Tax Monitor regarding a recent ruling by the Tax Appeals Division in New York that refused to make an employee liable for a company’s unpaid sales taxes. "Just because you sign documents and have that authority doesn’t mean you’ve got the authority to be a responsible party," stated Mr. Rosen.
Arthur R. Rosen, Tax, Tax Controversy
Tom Sykes was quoted in the June 1 issue of The Trusted Professional about the recent U.S. Supreme Court decision in KSR International Co. v. Teleflex, Inc. on the patentability of tax strategies. Mr. Sykes noted that the decision "is good news for tax practitioners who are concerned about the emergence of tax strategy patents."
Thomas D. Sykes, Tax, Tax Controversy
Art Rosen was quoted in the May 31 issue of State Income Tax Monitor on whether a company’s monetary judgment in a lawsuit should be taxable as business income. "If it's a normal lawsuit it's probably not going to be taxable. But if it's greenmail or a major copyright infringement, it would probably qualify as income.” Mr. Rosen said.
Arthur R. Rosen, Tax, Tax Controversy
Art Rosen was quoted in the May 31 issue of Sales & Use Tax Monitor about how auditors will switch their methods when they suspect that a business may have fudged their taxable sales figure in hopes of retaining more funds. "An auditor frequently uses a purchase mark-up methodology to assess tax when a company's sales don't jibe with the owner's books and records," said Mr. Rosen.
Arthur R. Rosen, Tax, Tax Controversy
Peter Faber was quoted in the May 29 issue of Dow Jones Newswires about several steps to guard against being doubly taxed if you live in one state but spend a lot of time relaxing in another. "There are an awful lot of people who play games with this, who have a winter place in Florida and spend only four months down there," said Mr. Faber.
Peter L. Faber, Tax, Tax Controversy, Tax Exemption
Peter Faber was quoted on May 22 on The Wall Street Journal Online about the challenge by a Kentucky couple to a Kentucky state law that exempts interest on bonds issued within Kentucky while taxing interest on most non-Kentucky municipal bonds. Most states that have a state income tax, such as New York and California, have similar laws. "This is an issue of great national importance that involves many investors in state and local bonds," said Mr. Faber.
Peter L. Faber, State & Local Tax, Tax, Tax Controversy, Tax Exempt Bonds
Art Rosen was quoted in the April 30 issue of Sales & Use Tax Monitor about the tangible version of a product is exempt from sales tax while the electronic version is taxable. "I read that opinion and thought, 'Whoa, you don't see that every day,'" Mr. Rosen said.
Arthur R. Rosen, State & Local Tax, Tax, Tax Controversy
Jean Pawlow and Elizabeth Erickson were mentioned April 6 in the Blog of the Legal Times for joining McDermott’s tax practice.
Elizabeth Erickson, Jean A. Pawlow, Tax, Tax Controversy
2004
Thomas Sykes' article, "The Growing Controversy Over Federal Excise Tax on Long-Distance Calls," in the May-June 2003 issue of The Tax Executive, was recently quoted in the January 12, 2004 issue of Tax Notes in the article, "Is the Telephone Tax About to Unravel?" In Mr. Sykes' article, he points out the real motivation behind the IRS' proposed regulations: "In recent years, many businesses using large amounts of long-distance services have been seeking refunds from the IRS, on the basis that these services do not come within the terms of the statute imposing the tax. The IRS is now moving to arm itself for litigation over the applicability of the tax to long-distance services."
Thomas D. Sykes, Tax, Tax Controversy
2002
Tom Borders was quoted in the February 1 issue of International Tax Review on some of McDermott’s recent victories against the IRS regarding corporate tax shelters.
Thomas C. Borders PC, International Tax, Tax, Tax Controversy
2001
Thomas Borders was quoted on the front page of the June 20 Wall Street Journal. Included in the Tax Report Column, Mr. Borders commented on the IRS loss in its long running battle on corporate tax shelters. The IRS was defeated by firm client, Alliant Energy, in IES Industries Inc. and Subsidiaries v. United States of America.
Thomas C. Borders PC, Tax, Tax Controversy
Peter Faber was quoted on the front page of the Wednesday, June 6 edition of the Wall Street Journal. He commented on a recent Tax Court case victory for the IRS that called for the capitalization of business expenses. Mr. Faber called the decision "wrong" noting that the appeals courts have been "more sympathetic to taxpayers on this issue than the Tax Court."
