Mary Monahan, a member in Sutherland's Tax Practice Group, has experience representing taxpayers in complex federal tax audit and litigation matters. She has participated in the litigation of a number of federal tax cases in the Tax Court, the Court of Federal Claims, United States District Courts, the United States Courts of Appeals, and the Supreme Court. She also has experience representing taxpayers with respect to eligibility for the research tax credit and in constitutional challenges to state tax statutes. Mary has worked with multinational corporations on tax planning for corporate acquisitions and restructurings, focusing particularly on tax accounting and income recognition issues. Representative Experience · FedEx Corporation v. United States, Dkt. No. 08-2423 (W. D. Tenn.) Research tax credit. Pending. · Altria Group Inc. v. United States, Dkt. No. 06-9430 (S.D.N.Y.) Lease-in-lease-out and sale-in-lease-out transactions. Pending. · General Electric Co. v. United States, Dkt. No. 06-489T (Fed. Cl. Feb. 13, 2009) Determination of overpayment interest. Decision in favor of government. · State Farm Mut. Auto. Ins. Co. v. Commissioner, 130 T.C. No. 16 (2008) Application of alternative minimum tax. Decision in favor of government. · Great Plains Gasification Associates v. Commissioner, 92 T.C.M. (CCH) 534 (2006) Energy tax credit and alternative fuel credit recapture on foreclosure. Decision in favor of taxpayer. · State Farm Mut. Auto. Ins. Co. v. Commissioner, 126 T.C. 28 (2006) GATT interest. Decision in favor of government. · Banks v. Commissioner, 543 U.S. 426 (2005) Represented amicus curiae National Lawyers Committee for Civil Rights Under Law. Taxability of contingent legal fees. Decision in favor of IRS. · General Electric Co. v. United States, 384 F.3d 1307 (Fed. Cir. 2004) Represented amici curiae ExxonMobil and ChevronTexaco. GATT interest. Decision in favor of government. · State Farm Mut. Auto. Ins. Co. v. Commissioner, 105 Fed.Appx. 67 (7th Cir. 2004) Application of alternative minimum tax. Decision in favor of taxpayer. · State Farm Mut. Auto. Ins. Co. v. Commissioner, 119 T.C. 342 (2002) Application of alternative minimum tax. Decision in favor of taxpayer. · In re CM Holdings, Inc., 301 F.3d 96 (3d Cir. 2002) Represented amicus curiae Hershey Foods Corp. Corporate-owned life insurance. Decision in favor of government. · Caterpillar, Inc. v. Commissioner of Revenue, 568 N.W. 2d 695 (Minn. 1997), cert. denied, 522 U.S. 1112 (1998) Constitutionality of the water's-edge combined method as applied to interest and royalties. Decision in favor of state. · Philip Morris, Inc. v. Commissioner, 71 F.3d 1040 (2d Cir. 1995) Eligibility for cancellation of indebtedness treatment-foreign currency. Decision in favor of government. · Allied-Signal Inc. v. Commissioner, 54 F.3d 767 (3d Cir. 1995) Deductibility of payment made in connection with criminal penalty for environmental violations. Decision in favor of government. Professional Honors and Awards · Dean's Fellow, George Washington University National Law Center · Winner, Tenth Annual Student Writing Contest of the American College of Tax Counsel (1991) Professional and Community Involvement · Barrister member, J. Edgar Murdock American Inn of Court · Board of Governors, Grace Episcopal Day School, Kensington, Maryland Recent Publications · Author, "Schedule UTP: Another Taxpayer Transparency Requirement," Partnering Perspectives (Winter 2010) · Co-author, "Alternate Forum for Overpayment Interest Litigation," 108 Tax Notes 1567 (September 26, 2005) · Author, "Tax Bites Investment Advice," 24 ABA Tax Section News Quarterly 24 (Summer 2005) · Co-author, "New IRS 'TEAM' Initiative Could Prove Helpful to Some Taxpayers," 99 Tax Notes 545 (April 28, 2003) · Co-author, "Maximizing Opportunities Under the New Research and Experimentation Regulations," 47 Tax Executive 102 (1995) · Author, "Unfair Competition or Fundraising?: A Proposal to Modify the Regularly Carried on Test of the Unrelated Business Income Tax," 10 American Journal of Tax Policy 73 (1992) Legal Alerts Legal Alert: LB&I Internal Directive Limits Application of the Economic Substance Doctrine and Related Penalties, but Raises Concerns about Transparency and Consistency of Process
July 21, 2011 Legal Alert: Supreme Court Holds Chevron Deference Applicable to "Interpretive" Regulations
January 26, 2011 Legal Alert: Supreme Court Resolves "Hot Button" Tax Issue - Holds Chevron Deference Applicable to "Interpretive" Regulations
January 20, 2011 Legal Alert: The IRS Adopts Largely Taxpayer-Favorable Changes To Schedule UTP
September 28, 2010 Legal Alert: Not Much Substance in IRS Interim Guidance on Codification of the Economic Substance Doctrine
September 14, 2010 Legal Alert: The Codification of "Economic Substance"
March 26, 2010 Legal Alert: IRS Announces It Will Require the Disclosure of Uncertain Tax Positions
January 26, 2010 Legal Alert: Textron - First Circuit Holds That Tax Accrual Workpapers Are Protected Work Product
January 29, 2009 Publications Schedule UTP: Another Taxpayer Transparency Requirement
Winter 2010 Partnering Perspectives Tax Bites Investment Advice
Summer 2005 Reprinted with permission 24 ABA Tax Section News Quarterly 24 New IRS 'TEAM' Initiative Could Prove Helpful to Some Taxpayers
April 28, 2003 Reprinted with permission 99 Tax Notes 545 Maximizing Opportunities Under the New Research and Experimentation Regulations
1995 Reprinted with permission 47 Tax Executive 102 Unfair Competition or Fundraising?: A Proposal to Modify the Regularly Carried on Test of the Unrelated Business Income Tax
1992 Reprinted with permission 10 American Journal of Tax Policy 73 Events Sutherland SABLE Program
July 13, 2011 TEI St. Louis Chapter Meeting
November 17, 2010 Tax Education Series: IRS Changes to Uncertain Tax Position Reporting Webinar
October 5, 2010 Tax Education Series: IRS Changes to Uncertain Tax Position Reporting
October 1, 2010 |