Dan Schlueter is a member of Sutherland's Tax Practice Group. Dan's practice focuses on tax controversies involving the IRS and tax refund litigation against the United States. In the course of that practice, Dan has regularly represented some of the country's most prominent companies in their most significant tax disputes. He has litigated cases before a wide variety of state and federal courts at both the trial and appellate levels. Dan's practice also includes administrative practice before the IRS.
Prior to joining Sutherland, Dan served as a law clerk for the Honorable Amalya Kearse of the United States Court of Appeals for the Second Circuit. At Harvard Law School, Dan served as Executive Editor of the Harvard Law Review and was awarded the Sears Prize for 1993-1994, given to the top two students in the first-year class.
Representative Experience
Dan's recent representative experience includes:
· Successfully representing a Fortune 500 American multinational corporation on a claim relating to the proper computation of the research credit, resulting in a judgment of more than $20 million. Procter & Gamble v. United States, 733 F. Supp. 2d 857 (S.D. Ohio 2011)
· Successfully representing a Fortune 500 American multinational corporation on a matter involving issues surrounding the proper taxation of foreign sales corporations. The United States Court of Appeals for the Sixth Circuit reversed a trial court ruling dismissing the claim and remanded for entry of an appropriate judgment in favor of the taxpayer. Procter & Gamble v. United States, 376 Fed. Appx. 468 (6th Cir. 2010)
· Representing a large domestic manufacturer in several constitutional challenges to retroactive state tax legislation.
Dan has also successfully represented clients at the appellate level in non-tax cases, including wins in the following recent cases:
· Representing a major American automobile manufacturer in a case involving arbitration claims. Ford Motor Co. v. Ables, 207 Fed. Appx. 443 (5th Cir. 2006)
· Representing the financial services section of a major American automobile manufacturer in a case involving federal jurisdiction over counterclaims. Jones v. Ford Motor Credit Co. 358 F. 3d 205 (2d Cir. 2004)
Professional Honors and Awards
· Selected as a Washington, DC Future Litigation Star by Benchmark Litigation (2011)
· Recognized by The Legal 500 United States in the area of tax controversy (2011)
· Selected for inclusion in Georgia Super Lawyers® "Rising Stars" (2005-2009)
Industries
Automotive
News
Sutherland Makes Mark in The Legal 500 for 2011
December 1, 2011
Legal Alerts
Legal Alert: U.S. Tax Court Issues Opinion in Tigers Eye Regarding Golsen Rule and TEFRA Proceedings
March 7, 2012
Legal Alert: Parties Agree to Dismiss Fair Housing Act "Disparate Impact" Case Pending Before the Supreme Court
February 16, 2012
Legal Alert: Supreme Court to Decide Fair Housing Act "Disparate Impact" Case with Broader Fair Lending Implications
November 10, 2011
Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants
April 5, 2010
Legal Alert: Seventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied
January 25, 2010
Legal Alert: Congress to Weaken Pleading Requirements?
July 24, 2009
Legal Alert: Eleventh and Seventh Circuits Vacate Certified Consumer Classes
October 29, 2008
Legal Alert: Eleventh Circuit: Removal is Each Defendant's Right; Time Runs from Each Defendant's Service
July 30, 2008
Legal Alert: Rule 23(f) Class Certification Appeals: 10 Days Means 10 Days
April 29, 2008
Legal Alert: Georgia Court of Appeals Tightens Class Certification Requirements
November 26, 2007