Tax & ERISA Controversy Practice

Tax Controversy

• U.S. Tax Court
• IRS Appeals
• IRS Audits
• Tax Fraud Defense
• Offers in Compromise
• Responsible Person Defense
• Virginia Income/Sales Tax Disputes

ERISA/Qualified Plans

• IRS Voluntary Compliance (EPCRS)
• DOL Fiduciary Compliance Filings
• DOL Investigations

Representative Tax & ERISA Controversy Experience:

• 82 percent concession by government on appeal of disallowance of $50 million in deductions claimed by publicly traded company.

• 65 percent concession by government on fraud penalty asserted against taxpayer even though taxpayer had been criminally convicted on indictment for filing false return for the taxable year in question.

• Successfully defended business owner in tax evasion case where the IRS Criminal Investigation Division accused taxpayer of not reporting one half million dollars in cash receipts.

• Successful defense of executor charged by IRS with liability for estate's unpaid taxes.

• Achieved reversal of $2 million pension plan funding deficiency assessed against sponsor of tax qualified plan by Department of Labor.

• Exoneration of executive assessed one half million dollars in responsible person penalties.

• $50,000 settlement of estimated one half million responsible person penalty assessed against CFO.

• Two thirds concession by government relating to $600,000 responsible person assessment made against CEO.

• Several very favorable voluntary compliance and closing agreement program (“CAP”) settlements for qualified retirement plans with disqualifying features.

• Favorable settlement of reasonable compensation case.

• Several successful reasonable cause applications made for waivers of very substantial failure to deposit, non-filing, and/or late filing penalties.

• Successfully applied for 501(c)(3) tax exempt status of trust (retroactive 20 years) on behalf of a major financial institution serving as trustee.