Related Areas

Seward & Kissel’s Tax Controversy attorneys help U.S. and multinational companies, investment funds and their managers, tax-exempt organizations, and global high wealth individuals resolve complex tax matters.

We advise clients at every stage of a tax controversy, including pre-controversy self-audits, private letter rulings (including 9100 relief), IRS examinations and appeals and in all three available U.S. federal courts.

When issues arise, our Tax Controversy attorneys utilize their collective decades of experience, both in the U.S. federal government, including the U.S. Department of Justice Tax Division, and private practice. We strive to be thoughtful, creative and most of all practical to deliver exceptional and expedient outcomes.

Representative Experience

Below is a list of notable federal tax victories, both in and out of court. Our experience includes:

  • Partnership tax issues
  • Deferred and executive compensation
  • International tax issues, including Report of Foreign Bank Account (“FBAR”), other information return filings and maritime tax issues under Code Sections 883 and 887
  • Corporate income tax issues, including transfer pricing
  • Employment tax and employee benefits issues

Recent Victories:

  • Secured a favorable settlement in complex Tax Court litigation involving an investment fund and its manager, representing federal income tax savings of approximately 70% of the assessed liabilities, penalties and interest. Issues included fee waivers, partnership allocations not having substantial economic effect, deferred compensation and various disallowed deductions.
  • Secured a victory for an investment fund manager over approximately $2.6 million in unreported income. The IRS agreed to settle and dismiss any claims against the taxpayer prior to trial.
  • Secured a victory for a private equity fund principal relating to deferred compensation and partnership allocations lacking substantial economic effect. The Internal Revenue Service (“IRS”) agreed to settle and dismiss any claims against the taxpayer prior to trial.
  • Secured a victory for a non-U.S. citizen over a tax residency dispute. The IRS agreed to settle and dismiss any claims against the taxpayer prior to trial.
  • Actively defending an IRS examination relating to the calculation of shipping revenues of a foreign maritime enterprise.
  • Assisted a hedge fund manager in an IRS examination involving offshore fee deferrals and Code Section 457A, resulting in no adjustments to the taxpayer or its partners.
  • Assisted a hedge fund manager in an IRS examination pertaining to the self-employment tax exception for limited partners, resulting in no adjustments for the taxpayer or its partners.
  • Assisted a private credit fund manager in an IRS examination pertaining to, among other issues, the self-employment tax exception available to limited partners, resulting in a favorable settlement of the federal income tax audit.
  • Assisted clients in FBAR disputes, including voluntary disclosure and successful penalty defenses.