virginia tax lawyer that you must know
In the Virginia Supreme Court, obtained a unanimous decision holding a county’s BPOL gross receipts tax on a taxpayer’s sales of duty-free goods to international travelers violated the United States Constitution’s Import-Export Clause, awhich prohibits states from imposing taxes and duties on exported goods without express permission from Congress. Successfully protected the Virginia Supreme Court’s decision by opposing the local government’s writ of certiorari before the United States Supreme Court.
In the U.S. Tax Court, successfully defended a publicly-owned consumer debt collector from an involuntary change in method of accounting by the IRS that would have accelerated recognition of revenue causing a tax deficiency of $300 million, together with accrued interest of $150 million.
For a Fortune 50 manufacturer company, obtained a $5 million tax refund of machinery and tools tax by successfully challenging the local government’s assessment methodology of the Virginia Constitution.
In case of first impression in Virginia, summary judgment was granted in favor of purchaser of a service assessed with use tax, holding that use tax did not apply to the purchase of services that might otherwise be subject to sales tax, and that any sales tax (as opposed to use tax) that might apply to certain services may only be levied against the vendor.
Overturned $300 million assessment against owners of privately held multinational corporation at IRS Office of Appeals, after IRS issued Revenue Ruling upholding client’s position that clients were not required to include in income receipt of $224 million received in first year of structured PEPS (Premium Exchangeable Participating Shares) transaction and that inclusion of money in income was deferred until transaction closed four years later.
On behalf of Fortune 500 company, overturned civil penalty assessment in excess of $1 million on tax shelter listed transaction and denial of deduction for meals and entertainment expenses through the use of a random sample statistics study, despite IRS policy against use of statistical studies for IRC section 274 documentation and substantiation purposes.
In a landmark decision of the Virginia Supreme Court, prevented a locality from applying tangible personal property and machinery and tools taxes to property located at corporate headquarters, thereby eliminating a multimillion-dollar tax assessment.
Effectively overturned a $1 million assessment of gift taxes on a corporate stock transfer and subsequent valuation dispute before the U.S. Tax Court.
Effectively challenged a $900,000 income tax transferee liability assessment before the U.S.
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In litigation before the U.S. Tax Court, overturned $500,000 late filing of return penalty by demonstrating grantor trust beneficiary was denied access to records by overbearing and hostile trustee. Sustained result before federal court of appeals.
Effectively challenged tax assessment, affirmed on appeal, involving civil fraud penalty and valuation of stock in closely held business involving multi-tiered entity timeshare resort owner before the U.S. Tax Court.
Effectively challenged state business and occupancy tax assessments in U.S. Bankruptcy Court, despite debtor taxpayer's failure to timely challenge such assessments before state tax agency.
On behalf of one of the world’s largest publicly traded chemical manufacturer, prevented North Carolina localities from reclassifying certain manufacturing facilities for property tax purposes.
In litigation before the U.S. District Court, effectively challenged multimillion-dollar tax assessment that was based on the Internal Revenue Code section 469 passive activity loss rules.
On behalf of a publicly traded manufacturing company, struck down a gross receipts tax ordinance on Commerce Clause grounds, and sustained result with success defense before the Virginia Supreme Court.
Effectively challenged a locality’s attempt to impose property taxation on a satellite in geo-stationary orbit above the Earth, and sustained the victory before the state's supreme appellate court.
Prevailed on class action claims under ERISA for early retirement incentive benefits, breach of fiduciary duty, and claims for statutory penalties for failing to produce plan documents.
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horse breeding hobby loss tax assessment before the U.S. Tax Court despite 15 years of consecutive net operating losses.
On behalf of a publicly traded jet propulsion engine manufacturer, eliminated the use tax imposed on die cast molds used by the manufacturer but owned by other companies.
On behalf of the Virginia Chamber of Commerce and Virginia Manufacturers Association, prevented contract auditors in Virginia. The resulting Virginia Supreme Court decision closely followed the positions advocated in the legal briefs filed on behalf of these organizations.