Herb has practiced tax law in Washington for 45 years, focusing on corporate and other transactional tax planning, tax controversies, IRS National Office representations and exempt organization matters. He successfully guides clients through tax issues in connection with taxable and tax-free acquisitions, dispositions, spin-offs and other restructurings involving domestic and foreign entities; negotiates large case settlements with IRS Appeals Offices throughout the country; and has litigated cases at the trial and appellate court levels. In the exempt organizations area, he has represented public charities, private foundations and other non-profit organizations in connection with obtaining and defending against proposed revocations of tax-exempt status, obtaining private letter rulings and various other tax planning, compliance and controversy matters. Herb came to Sutherland as a partner in 1998, and continues to practice with the firm since joining the tax faculty at Northwestern University School of Law in 2009.
Among his many outside professional activities, Herb has served as Chair of the ABA Section of Taxation and as an appointed member of the Internal Revenue Service Advisory Council. Euromoney has named Herb to its U.S. Best of the Best in the area of tax on two separate occasions; and he also has been ranked as a leading tax lawyer for several years by Chambers USA. Prior to teaching at Northwestern, Herb was an adjunct tax professor for many years at Georgetown University Law Center. He has written numerous articles on corporate tax and other tax subjects. Also a CPA, he served as a law clerk for the Honorable Theodore Tannenwald, Jr. of the U.S. Tax Court.
Sutherland achieves favorable settlements for energy companies in tax controversy matters.
Sutherland settles gift card tax issues for major restaurant chain.
Sutherland represents nonprofit credit counseling bodies in IRS challenges of exempt status.
Awards and Rankings
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of tax (2005-2013)
Recipient, Best Tax LLM Professor Award, Northwestern Law School (2010-2011)
Named to Euromoney's U.S. Best of the Bestin the area of tax (2006, 2008)
Honorable Theodore Tannenwald Jr., U.S. Tax Court
Co-chair, National Conference of Lawyers and CPAs (2003-2006)
Editor-in-Chief, The Tax Lawyer (1993-1996)
Trustee, American Tax Policy Institute (2003-2005)
American Bar Foundation (Fellow)
Honorable Theodore Tannewald Jr., U.S. Tax Court