Stow Lovejoy Representative Matters
- Represented numerous clients making voluntary disclosures of offshore bank accounts.
- Advised non-US family groups on structuring of investment in US real property.
- Advised multinational family with respect to structure of worldwide business under US tax law.
- Represented investment partnerships on IRS disallowance charitable deductions for donating historic façade easements with respect to landmark buildings.
- Represented whistleblowers reporting over one billion dollars of unpaid income taxes to the IRS Whistleblower Office.
- Represented individual investors in oil and gas drilling partnerships on IRS challenges to deductions.
- Advised commodities exporter on export incentives under the Internal Revenue Code.
- Represented investor in “distressed asset” tax shelter partnership at audit and in Tax Court.
- Represented individuals and S corporation in contest of state tax allocation of “nowhere sales” to home state.
Joseph Septimus Representative Matters
- Advised clients with establishment of dynasty trusts and other multi-generational estate planning
- Advised clients with respect to establishment of private foundations
- Representation of clients before the Internal Revenue Service in a broad range of civil tax controversies
- Representation of numerous clients in making voluntary disclosures of offshore bank accounts
Claude M. Millman Representative Matters
Complex Commercial Litigation
- Andrx - Defended a subsidiary of Watson Pharmaceuticals in a Hatch-Waxman patent infringement suit filed by AstraZeneca
- Continuum Health Partners - Secured a preliminary injunction against Oxford/United's efforts to remove 1,200 physicians from their networks; represented the client in a related arbitration
- ADT - Defeated a putative consumer fraud class action in a $40 million action concerning the shift from analog to digital alarm transmitters
- AriZona Iced Tea - Counsel for the companies and its 50 percent owner in three lawsuits against the passive owner
Robert S. Fink Representative Matters
- Mr. Fink obtained a jury acquittal on all 36 counts for his client, an accountant, who prepared tax returns on the theory that wages were not taxable. The case was a retrial of the same charges that earlier resulted in a hung jury. Both the government and experts in the field called the result, "astonishing."
- At trial, Mr. Fink won innocent spouse protection for the wife of "Mad Dog Beck" of Drexel Burnham fame. Mr. Fink proved that his client had no reason to question hundreds of thousands of dollars in nonexistent charitable deductions.
- Mr. Fink convinced a jury to acquit a major New York contractor accused of illegally paying bribes to six different building managers on the theory that his client was the victim of six different extortions.
- Mr. Fink represented the head of KPMG's tax practice in the largest tax fraud prosecution in United States history, in which Mr. Fink obtained the dismissal of the indictment on the ground of prosecutorial misconduct.
Bryan C. Skarlatos Representative Matters
- Mr. Skarlatos represents hundreds of taxpayers who are voluntarily disclosing to the IRS over $1 billion in off-shore bank accounts and related income tax liabilities.
- Mr. Skarlatos represents many taxpayers who are being investigated by the Department of Justice for tax-related issues, including alleged failure to report foreign bank accounts and income earned on those accounts.
- Mr. Skarlatos represents several whistleblowers who have reported to the IRS Whistleblower Office billions of dollars in of unpaid income taxes.
- Mr. Skarlatos represents a well-known businessman in a Tax Court case in which the IRS is claiming more than $130 million in taxes and penalties relating to alleged personal benefits from related-party transactions.
Kevin M. Flynn Representative Matters and Trials
- Mr. Flynn tried the first case litigated in the Tax Court involving an Internal Revenue Service challenge to an historic rehabilitation tax credit transaction. Mr. Flynn argued that the IRS’ attack against a rehabilitation project involving a tax-exempt entity and a Fortune 500 company was unfounded, in light of the clear Congressional purpose behind the historic rehabilitation tax credit.
- Mr. Flynn successfully defended a corporate client in a three-week Tax Court trial against IRS challenges to the ownership of patent rights and to the patent royalty rate, under a royalty agreement between the corporation and its shareholders.
- Following a two-week trial in an innocent spouse case, Mr. Flynn obtained a favorable settlement for his client, substantially reducing her exposure to IRS claims for taxes.
- Mr. Flynn won partial summary judgment against the IRS in an I.R.C. § 6700 return preparer penalty case, which eliminated virtually all of the IRS’ claim for penalties against his client.
- In an appeal to the United States Court of Appeals for the Second Circuit, Mr. Flynn obtained reversal of a district court’s decision against his client in a case involving whether entertainers should be classified as employees or independent contractors.
- Mr. Flynn won a complete victory against the New York State and City tax authorities in a case where he proved that his client who owned a New York City apartment was not a resident of New York and, thus, not subject to New York State and City taxes.
- In litigation against the New York State tax authorities, Mr. Flynn successfully established that his client’s withdrawals from his professional corporation were loans and not compensation, and that the client, an attorney, was not liable for civil penalties.
Sharon McCarthy Representative Matters
• Obtained acquittal of Denis Field, former CEO of BDO Seidman
, in a major tax shelter trial in the Southern District of New York.
• Representation of garment industry manufacturer in connection with federal investigation into payroll, corporate, and personal tax evasion involving millions of dollars in unpaid taxes. Successfully obtained a probationary sentence.
• Representation of sole shareholder of Subchapter S corporation in federal tax fraud investigation, resulting in corporate plea with no charges against the individual.
• Representation of commodities trader in connection with fraud investigation by the United States Attorney's Office for the Southern District of New York, the New York County District Attorney's Office, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.
• Representation of dozens of holders of foreign bank accounts in connection with voluntary disclosures before the Internal Revenue Service (criminal investigation and civil audit) and numerous state taxing authorities.
Caroline Rule Representative Matters
- Ms. Rule represents the former chair of BDO Seidman, LLP, in a prosecution for marketing tax shelter transactions.
- Along with Robert S. Fink, Ms. Rule represented the head of KPMG's tax practice in the largest tax fraud prosecution in United States history, in which Ms. Rule obtained the dismissal of the indictment on the ground of prosecutorial misconduct.
- Ms. Rule has successfully assisted numerous clients to make voluntary disclosure to the Internal Revenue Service of millions of dollars of undeclared income, in order to avoid criminal prosecution.
- Ms. Rule has obtained non-jail sentences for numerous clients when the United States Sentencing Guidelines called for substantial periods of incarceration.
Amy Walsh Representative Matters
• Representation of investment bank executive in connection with the Department of Justice and the Securities and Exchange Commission's investigation of collateral debt obligations (CDOs), credit default swaps (CDSs), and other subprime derivatives
• Representation of investment bank options trader in connection with the Department of Justice's tax shelter case
• Representation of bank options trader in connection with investigation of bank fraud by the Department of Justice, the Securities and Exchange Commission, and the Commodity Futures Trading Commission
• Representation of several employees of semiconductor company during internal investigation in connection with alleged securities fraud
Brian C. Wille Representative Matters
- Secured multi-million-dollar concessions from the Internal Revenue Service in litigation over allegedly abusive tax shelter (June 2010)
- Secured, on appeal, reinstatement of fraud, breach of fiduciary and related claims in action involving oil industry joint venture, later resulting in seven-figure recovery on behalf of plaintiffs (March 2010)
- Secured dismissal of fraud claims against senior officers of insurance company (April 2007)
- Persuaded Securities and Exchange Commission to abandon securities fraud claims against ex-Chairman of major telecommunications company (March 2007)
- Participated as part of a team that recovered more than $275 million in judgments and settlements on behalf of investors in action entitled In Re Safety-Kleen Bondholders Litigation (April 2005)
Christopher M. Ferguson Representative Matters
- Representation of employee of bidding agent in multi-jurisdictional Department of Justice bid rigging investigation into the municipal derivatives industry; persuaded government not to bring charges.
- Representation of registered representative at major investment bank in coordinated multi-agency investigation into mutual fund market timing; persuaded Department of Justice and SEC not to bring charges.
- Representation of target of investigation into tax evasion and Bank Secrecy Act violations in connection with foreign bank accounts; persuaded government not to bring charges.
- Representation of multiple taxpayers in tax shelter litigations in the federal district courts and tax court.