Tax Controversy

SouthBank Legal’s tax controversy practice is led by an attorney who spent years representing the government in high profile tax litigation involving millions (and at times billions) of dollars, and who left the Justice Department as one of two senior level attorneys in the Tax Division’s Appellate Section. SouthBank Legal offers its clients the combination of a highly sophisticated understanding of the most complex tax issues, a developed talent for simplifying those issues into concise arguments, and a unique understanding of the motivations and thinking of the lawyers on the other side of the dispute. Those same abilities can help clients considering a particular tax position to evaluate the risk that it will be challenged by the IRS and the likelihood of overcoming the challenge.

SouthBank Legal attorneys help clients to resolve issues with the IRS during audit and in the context of IRS Appeals protests. We also recognized that some disputes with the IRS cannot be resolved administratively. SouthBank Legal attorneys are very comfortable litigating tax disputes in the U.S. Tax Court, the U.S. Court of Federal Claims, the U.S. district courts, and, on appeal, in the U.S. circuit courts. Indeed, SouthBank Legal commonly litigates tax cases, whether refund cases or petitions for redeterminations of tax deficiencies, that were handled by other attorneys (or by accountants) at the administrative level.

Tax disputes are sometimes unpleasant. And the IRS can be an aggressive and scary opponent. Whether the IRS has challenged a client’s income tax position, a client’s family’s estate planning, or even alleged a criminal tax fraud, SouthBank Legal is well positioned to help. In large tax cases, SouthBank Legal can also serve as a cost-effective co-counsel, drafting key motions and briefs, handling arguments at trial, and providing critical insight and support. We are adept at working collaboratively with other attorneys to serve the client’s best interests. SouthBank Legal has particular expertise in employee retention credit (ERC) litigation, conservation easement litigation, litigation of tax issues affecting the cannabis industry, and in litigation and strategy related to the government’s assertion of economic substance doctrine violations and reliance on IRS guidance and regulations. Finally, SouthBank Legal provides superlative appellate representation in tax cases – both in cases we have handled at trial and in cases that were managed at the trial level by other attorneys. SouthBank Legal provides a wealth of appellate experience: the attorney who leads our tax controversy practice previously represented the government as lead appellate counsel in dozens of tax cases.