Barbara T. Kaplan: Lawyer with Greenberg Traurig, LLP

Barbara T. Kaplan

Chair, New York Tax Practice
New York,  NY  U.S.A.
Phone212.801.9250

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Tax
  • Financial Regulatory and Compliance Group
 
Contact InfoTelephone: 212.801.9250
Fax: 212.805.9250
http://www.gtlaw.com/People/Barbara-T-Kaplan
 
University University of Wisconsin-Madison, B.A., 1970; Northwestern University, M.A., 1972
 
Law SchoolBrooklyn Law School, J.D., cum laude, 1975; New York University School of Law, LL.M., Taxation, 1979
 
Admitted1976, New York; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Eastern District of New York; U.S. District Court for the Southern District of New York; Supreme Court of the United States; U.S. Court of Federal Claims; U.S. Tax Court
 
Memberships 

Professional & Community Involvement

•Member, Tax Sections, American and New York State Bar Associations

•Member, American Association for Justice; The National Association of Criminal Defense Lawyers; The Bar Association of the City of New York

•Advisory Board Member, New York University Institute on Federal Taxation, 1989-1996

•Executive Committee, New York State Bar Association Tax Section, January 2001 - January 2005

 
BornChicago, Illinois, July 23, 1948
 
Biography

Barbara T. Kaplan, named one of the top 50 women lawyers in New York City by Super Lawyers magazine, focuses her tax litigation practice on domestic and foreign corporations, partnerships, and individuals in federal, state, and local tax examinations, controversies and litigation, including administrative and grand jury criminal tax investigations.

Areas of Concentration

•Tax compliance counseling

•Offshore account reporting

•Sensitive audits

•Promoter audits

•Preparer penalties

•Civil tax controversies

•Complex tax litigation

•Criminal tax investigations

•Voluntary disclosures

•Tax penalties

•Tax procedure

•Bank Secrecy Act compliance

•Circular 230 violations

•ERISA litigation

•Regulatory investigations

Other Experience

•Trial Attorney, Regional Counsel, Internal Revenue Service

•Senior Trial Attorney, District Counsel, Internal Revenue Service

•Instructor, Criminal Tax Attorneys Training Program, Internal Revenue Service

Articles, Publications, & Lectures

Articles

• Quoted, The Hazards of Offshore-Account Disclosure, The Wall Street Journal, June 27, 2014

•Quoted, 'Freaking Out' Over Potential 50 Percent Offshore Penalty, Politico, June 20, 2014

•Quoted, Supreme Court Rules on Right to Evidentiary Hearing on IRS Summons, Accounting Today, June 19, 2014

•Quoted, Lawyers Weigh In On High Court's IRS Ruling, Law360, June 19, 2014

•Quoted, Justices Clamp Down On IRS With Summons Hearing Standard, Law360, June 19, 2014

•Quoted, Attys Face Headaches With IRS Offshore Penalty Update, Law360, June 19, 2014

•Quoted, Tax Cheats Can Expect 50% Fine of Funds Concealed, Globes, May 7, 2014

•Quoted, 4 Tips For Smooth Sailing In US Tax Court, Law360, May 2, 2014

•Profiled, The Magnificent Seven, BLSLawNotes, Spring 2013

•Author, Another Second Chance, Private Wealth Magazine, May 2011

•Co-Author, California Offers New Voluntary Compliance Initiative for Abusive Tax Avoidance Transactions and Offshore Financial Arrangements, Orange County Business Journal, May 2011

•Co-Author, IRS's Second Offshore Initiative For Foreign Accounts and Assets: Reduced Penalties But Is It Less Than It Seems STEP Journal, April 2011

•Author, Offshore Accounts: Too Late To Fess Up Forbes Magazine, January 29, 2010

•Co-Author, Coming Clean On Offshore Accounts, Private Wealth Magazine, January 6, 2010

•Co-Author, IRS Issues Critical Guidance Regarding Reporting of Foreign Bank and Financial Accounts, Practical US/International Tax Strategies (Vol. 13, No. 10), May 31, 2009

•Author, The Cost Of Secrecy, Private Wealth Magazine, July 9, 2009

•Contributing Author, Tax Planning for Domestic and Foreign Partnerships, LLCs, Joint Ventures and Other Strategic Alliances, Practising Law Institute, 1995 - present

•Contributing Author, Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructurings, Practising Law Institute, 1998 - present

•Co-Author, Corporate Tax Shelters - Chapter 3: The Treasury Aims at Opinion Writers, Corporate Tax and Business Planning Review (Vol. 42, No. 7), Tax Management Inc., March 26, 2001

•Co-Author, Reviewing Tax Relief After September 11th, New York Law Journal (Vol. 226, No. 84), October 30, 2001

•Author, Corporate Tax Shelters - Chapter 2: The Treasury Regulations, Corporate Tax and Business Planning Review (Vol. 41, No. 13), Tax Management Inc., June 19, 2000

•Author, Legislation to Combat the Promotion of Confidential Corporate Tax Shelters, Corporate Tax and Business Planning Review (Vol. 38, No. 17), Tax Management Inc., August 18, 1997

Books

• Contributing author, Transfer Pricing Handbook , John Wiley & Sons, Inc., 1993

•Co-Author, Civil Tax Penalties Reform, Warren, Gorham & Lamont, 1990

Speeches

• Frequent speaker at tax conferences including: Practising Law Institute, New York University Institute on Federal Taxation, Prentice Hall Law and Business, The Tax Executives Institute, American Conference Institute, Executive Enterprises, New Jersey Society of Certified Public Accountants, Tax Section, American Bar Association, Foundation for Accounting Education, St. John's University School of Continuing Education, the Bar Association of the City of New York

•Panelist, Defending Taxpayer Penalties, American Bar Association Criminal Tax Fraud and Tax Controversy Program, Las Vegas, NV, December 2013

•Moderator and Panelist, Handling a Tax Controversy: Audits, Appeals, Litigation and Collections, American Law Institute, October 2013

•Speaker, Handling TEFRA Partnership Audits, Practising Law Institute Partnership and Joint Venture series, San Francisco, CA, June 2013; and New York, NY, May 2013

•Speaker, International Estate & Tax Planning, Practising Law Institute, April 2013

•Speaker, Tax Penalties, Practising Law Institute, March 2013

•Moderator, How the Recent Revisions of Circular 230 Affect Tax Advisors to Financial Institutions, American Bar Association Section of Taxation 2013 Midyear Meeting, Orlando, FL, January 2013

•Panelist, Statute of Limitations Issues in Fraud Cases, American Bar Association, January 2013

•Panelist, Chief Counsel's CLE, Internal Revenue Service, August 2008

•Panelist, CPE Training Program for Appeals Officers, Internal Revenue Service, August 2001

•Speaker, The Gerald L. Wallace - Charles S. Lyon National Graduate Tax Workshop, February, 2004

Associated News & Events

09.24.14 73 Greenberg Traurig New York Attorneys Recognized in 2014 Edition of New York Metro Super Lawyers

08.21.14 31 Greenberg Traurig New York Attorneys Included in 2015 Edition of Best Lawyers in America

07.15.14 Greenberg Traurig Ranked in 2014 Legal 500 United States Guide

07.10.14 Greenberg Traurig Continues Growth in New York with Addition of James S.H. Null

05.28.14 2014 Edition of Chambers USA Guide Recognizes Greenberg Traurig New York Attorneys

05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide

08.21.13 29 Greenberg Traurig New York Attorneys Included in 2014 Edition of The Best Lawyers in America

06.21.13 Greenberg Traurig Ranked in 2013 Legal 500 United States Guide; Recommended as 'Top Tier' Firm in Real Estate

06.04.13 2013 Edition of Chambers USA Guide Recognizes Greenberg Traurig New York Attorneys

05.28.13 Chambers USA Guide 2013 Includes 175 Greenberg Traurig Attorneys, 33 Practice Areas

Published Articles

04.01.11 Last Chance

Alerts

06.20.14 Supreme Court Allows Taxpayers to Question IRS Agents Regarding Propriety of Summons

05.29.14 U.S. Prosecutions of Foreign Financial Institutions Create Extreme Risk of Disclosure for Offshore Account Holders and Prospects of Multiple 50 Percent FBAR Penalties

04.08.14 U.S. Supreme Court Subjects Certain Employment Termination Payments to FICA Tax

03.14.14 IRS Streamlined Program

01.31.14 DOJ Program for Swiss Banks Can Mean Trouble for U.S. Taxpayers with Undisclosed Offshore Accounts

10.26.12 New York Court Upholds Retroactive Income Tax Provision for 338(h)(10) Elections

09.26.12 New York Issues Income Tax Ruling on 'Permanent Place of Abode'

09.06.12 Non-Resident U.S. Citizens and Green Card Holders Afforded a Streamlined Tax Compliance Program

07.26.12 New French Government Introduces Tax Measures to Address Budget Deficit

06.29.12 IRS Releases New Frequently Asked Questions for its Offshore Voluntary Disclosure Program and Announces Procedures to Assist U.S. Citizens Living Abroad

 
Reported CasesCivil Tax and ERISA Litigation - Represented foreign corporations in litigation involving transfer pricing and other valuation issues; represented welfare benefit plan in ERISA litigation involving claim for benefits, tax consequences of participation in plan and related actions; represented estate of decedent in U.S. Tax Court in challenge of family limited partnership; represented limited partnerships with investments in motion pictures, commodity straddles, equipment leasing, oil and gas, real estate, nurseries, cattle raising and horse breeding in U.S. Tax Court; litigated and appealed a leveraged buy-out of a U.S. corporation with an international seminars business; litigated bad debts and other business expenses of a U.S. manufacturing business; settled Tax Court proceeding for construction company and its shareholder charged with tax fraud; refund litigation in Court of Federal Claims; interpleader action in Federal District Court to recover funds claimed by both IRS and the State.; Administrative Tax Proceedings - Handled sensitive audits, offshore account reporting and audits, penalty waiver and abatement claims, unified partnership (TEFRA) proceedings, refund claims, facade easements, charitable contributions, transfer tax, tax shelters, REIT compliance, federal and state non-resident issues, unincorporated business tax, independent contractor/employee issues, transfer pricing, unreasonable compensation cases, penalty abatement, interest abatement, back-up withholding, accumulated earnings tax and sales and use tax cases.; Tax Collection Problems - Negotiated installment payment agreements, offers in compromise, collection freezes, interest and penalty abatements and cancellation of jeopardy assessments; removed tax liens and advised on transferee liability issues.; Tax Fraud - Completed voluntary disclosures involving undisclosed offshore accounts, non-filers and tax fraud; represented corporations and individuals in federal and state administrative and grand jury criminal tax and related investigations; negotiated plea agreements; defended taxpayers in summons enforcement proceedings; represented and counseled taxpayers in cash reporting compliance checks, audits and government stings in the automotive, boating and motorcycle industries, among others; quashed subpoenas and IRS summonses.; Tax Professionals - Represented tax professionals before the IRS Office of Professional Responsibility in suspension and disqualification proceedings; advised tax professionals in connection with their duties as preparers and under the Internal Revenue Code and in advising their clients; counseled on compliance with Circular 230.
 
ISLN906034017
 

Documents by this lawyer on Martindale.com

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Supreme Court Allows Taxpayers to Question IRS Agents Regarding Propriety of Summons
Jeremiah Coder,Barbara T. Kaplan, June 24, 2014
Taxpayers may be able to engage in limited challenges to a summons issued by the Internal Revenue Service (IRS) when there is an inference of impropriety regarding the agency’s actions. In a unanimous decision on June 19, 2014, the Supreme Court in United States v. Clarke held that while no...

U.S. Prosecutions of Foreign Financial Institutions Create Extreme Risk of Disclosure for Offshore Account Holders and Prospects of Multiple 50 Percent FBAR Penalties
Jeremiah Coder,Scott E. Fink,Barbara T. Kaplan, June 10, 2014
As shown by recent headlines, the pressure is mounting on individuals who have yet to come into compliance with their reporting obligations concerning undisclosed offshore accounts. Taxpayers who are not in compliance may soon find themselves facing significant civil penalties and possibly criminal...

U.S. Supreme Court Subjects Certain Employment Termination Payments to FICA Tax
Jeremiah Coder,G. Michelle Ferreira,Scott E. Fink,Courtney A. Hopley,Barbara T. Kaplan, April 14, 2014
Hopes that certain severance payments paid by companies to terminated employees could escape application of the Federal Insurance Contributions Act (FICA) tax were dashed when a unanimous U.S. Sreme Court ruled on March 25th that such payments, when not tied to state unemployment benefits, were...



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Office Information

Barbara T. Kaplan

200 Park Avenue
New YorkNY 10166




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