Barbara T. Kaplan: Lawyer with Greenberg Traurig, LLP

Barbara T. Kaplan

Shareholder; Co-Chair, Global Tax Practice; Chair, New York Tax Practice
New York,  NY  U.S.A.

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AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Tax
  • Financial Regulatory and Compliance Group
Contact InfoTelephone: 212.801.9250
Fax: 212.805.9250
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

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

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

Associated News & Events

Press Releases

10.21.15 74 Greenberg Traurig New York Attorneys Recognized in 2015 Edition of New York Metro Super Lawyers
10.14.15 Greenberg Traurig's Barbara Kaplan to Speak at the 11th Annual University of San Diego School of Law - Procopio International Tax Institute Conference
08.19.15 30 Greenberg Traurig New York Attorneys Included in the 2016 Edition of Best Lawyers in America
06.08.15 100-Plus Greenberg Traurig Attorneys Recommended in The Legal 500 United States 2015 Guide to Outstanding Lawyers
06.05.15 Greenberg Traurig International Tax Chair Mary Voce Wins at Euromoney 'Americas Women in Business Law' Awards
05.22.15 Greenberg Traurig Attorneys, Practices Included in the 2015 Chambers USA Guide
05.08.15 Greenberg Traurig Shortlisted for 11 Euromoney 'Americas Women in Business Law' Awards
09.24.14 65 Greenberg Traurig New York Attorneys Recognized in 2014 Edition of New York Metro Super Lawyers
08.21.14 29 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

Published Articles

04.01.11 Last Chance


10.02.15 Refund Opportunity for New Yorkers Paying Tax in Two Different States
06.10.15 IRS Guidance To Cap Potential FBAR Penalties
05.20.15 IRS and DOJ To Build New Tax Fraud Cases Using Data Collected in Voluntary Compliance Programs
04.02.15 Final Treasury Regulations Explain Listed Transaction Disclosures to Close Assessment Period
02.27.15 IRS Recognition of Taxpayer Rights Encourages Respect and Due Process
02.12.15 IRS Makes Blanket Disallowance of Employment Tax Refund Claims Involving Severance Payments
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

Articles, Publications, & Lectures


•Co-Author, Offshore Tax Fraud: IRS and DOJ Build New Cases Using Non-traditional International Evidence-Gathering Techniques, The Journal of Taxation and Regulation of Financial Institutions, September/October 2015
•Co-Author, IRS Guidance To Cap Potential FBAR Penalties, GT Alert, June 10, 2015
•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


•Contributing author, Transfer Pricing Handbook , John Wiley & Sons, Inc., 1993
•Co-Author, Civil Tax Penalties Reform, Warren, Gorham & Lamont, 1990


•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

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

Reported CasesSignificant Representations; Civil 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.

Documents by this lawyer on

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Refund Opportunity for New Yorkers Paying Tax in Two Different States
Scott E. Fink,Barbara T. Kaplan,Marvin A. Kirsner,Glenn Newman,Charles A. Simmons, October 21, 2015
Recently the United States Supreme Court decided Comptroller of the Treasury of Maryland v. Wynne, 135 S. Ct. 1787, 2015, a case involving a Maryland county income tax on residents’ income derived from a “S corporation” doing business outside the State of Maryland. In a 5-to-4...

IRS Guidance To Cap Potential FBAR Penalties
Jeremiah Coder,Scott E. Fink,Barbara T. Kaplan, June 17, 2015
On May 13, 2015, the IRS issued guidance which establishes limits to the potential penalties that the IRS will assert for a taxpayer’s failure to file Foreign Bank Account Reports (FBARs). The guidance is designed to promote consistency by the IRS in administering its FBAR compliance program....

Final Treasury Regulations Explain Listed
Jeremiah Coder,Barbara T. Kaplan, April 17, 2015
The U.S. Department of the Treasury and the Internal Revenue Service issued final regulations effective March 31, 2015 that clarify what steps must be taken to ensure that a taxpayer’s assessment period closes for tax years in which a listed transaction occurred.

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Office Information

Barbara T. Kaplan

200 Park Avenue
New YorkNY 10166


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