Practice/Industry Group Overview
Sutherland delivers creative, informed solutions across the spectrum of federal tax matters.
Businesses in the United States face some of the highest tax rates in the world. It’s critical that companies choose an adviser capable of delivering creative, effective tax solutions that support their long-term business objectives. With more than 70 lawyers focused on federal tax matters, Sutherland advises businesses on business formation and corporate transactions, capital formation and financing, as well as business and treasury operations. We help structure partnerships, limited liability companies and other joint venture arrangements. Our Federal Tax team handles federal tax issues in the full complement of transactional corporate tax matters, including mergers and acquisitions, dispositions, spin-offs and internal restructurings. We advise clients on tax issues relating to domestic and foreign public and private debt offerings, synthetic and hybrid instruments, swaps and derivatives, and hedging transactions. We also provide experienced counsel on tax accounting, FIN 48 reporting, worker classification issues, consolidated returns and information reporting.
Our attorneys work with all branches of government, and several tax team members have held positions at the IRS. Sutherland lawyers handle regulatory and administrative matters at the principal federal agencies, including before the IRS and the Departments of the Treasury and Justice, and support tax policy initiatives in both the executive and legislative branches.
Sutherland offers one of the nation’s leading federal tax controversy practices. We support our clients in the IRS examination and appeals processes and, if needed, in litigation. We litigate tax matters before the U.S. Tax Court, U.S. District Courts, the Court of Federal Claims, the U.S. Courts of Appeals, and the U.S. Supreme Court. Our extensive controversy experience enables us to anticipate and prepare in advance for IRS positions. In addition, we serve the needs of taxpayers in highly specific areas of federal tax law, including insurance and other financial services, exempt organizations, employee benefits and executive compensation, and estate planning.
Business perspective. Our tax analysis starts with and is driven by clients’ business objectives.
Strong partnerships. Our attorneys know the importance of understanding business, and can identify which tax considerations matter most and which tax solutions are viable.
In-depth tax knowledge. With more than 70 federal tax practitioners, we provide the expertise and innovation companies need to plan for and comply with increasingly complex federal tax requirements.
Strategic relationships. Our professional relationships and prior public service provide insight into the authorities' view of tax matters that facilitates communication and efficient resolution of tax issues.
Firm-wide support. Our tax practice is embedded in a large and diverse law firm. The legal experience and industry knowledge of our other practice groups is often helpful in addressing tax problems.
Nuts and Bolts
- Corporate taxation
- Partnership taxation
- Tax controversy and litigation
- Tax accounting
- Information reporting and tax compliance
- Tax planning and consulting
- Financial products
- Insurance taxation
- Employee benefits and executive compensation
- Tax-exempt organizations
- Estate planning
- Tax policy and legislation
- Real estate investment trusts
Businesses operating in the United States call on Sutherland to find federal tax solutions that align with their business and strategic objectives.
Sutherland acts as tax counsel in $25 billion spinoff.
Sutherland acts as tax counsel to Mondelez International in its approximately $25 billion spinoff of Kraft Foods Group.
Sutherland represents international insurance company in tax litigation regarding $306 million tax refund.
Sutherland represents an international insurance company in a refund suit that it filed for its 1997 tax year, seeking the return of approximately $306 million in tax, penalties and interest. The case involves a number of issues, including whether the company is entitled to certain foreign tax credits that it claimed in various cross-border financing transactions.
Sutherland assists clients on structuring, documenting debt and equity offerings for BDCs and closed-end funds.
BDCs and other closed-end funds turn to Sutherland for help structuring and preparing offering documents related to public debt and equity offerings.
Articles Authored by Lawyers at this office:
Impact of International Tax Reform Proposals on U.S. Insurance Companies
Dennis L. Allen,Thomas A. Gick,Jerome B. Libin,Jeffrey H. Mace,Michael R. Miles, November 27, 2013
On November 19, retiring Senate Finance Committee Chairman Max Baucus (D-Mont.) released a “Discussion Draft” setting forth his international tax reform proposals. Of note, the Discussion Draft includes several proposals that target the international operations of U.S. insurance...
No Longer at Sea: IRS Finalizes Safe Harbor Reduction Regulations
, November 25, 2013
On November 14, 2013, the Internal Revenue Service (IRS) issued final regulations that permit employers to suspend or reduce safe harbor nonelective contributions under a 401(k), 401(m), or 403(b) plan during the plan year. The final regulations also revise the requirements that apply to mid-year...
IRS Issues Final Regulations Regarding Transfers of Derivative Contracts
Robert S. Chase,Daniel R.B. Nicholas,Amish M. Shah,Rich Sun, November 15, 2013
On November 5, 2013, the Internal Revenue Service (IRS) issued final regulations relating to the transfer or assignment of certain derivative contracts. The final regulations, which are provided as Treas. Reg. § 1.1001-4, address:
IRS Modifies “Use-It-Or-Lose-It” Rule for Health FSAs
, November 08, 2013
In Notice 2013-71 (Notice), the Internal Revenue Service (IRS) relaxed its longstanding “use-it-or-lose-it” rule for health flexible spending accounts (Health FSAs). Employees may now be permitted to carry over up to $500 of their unused Health FSA balances to the following plan year to...
IRS Issues Draft FATCA FFI Agreement and Announces Positive New Rules for Insurance Companies
Dennis L. Allen,Jeffrey H. Mace,Michael R. Miles,M. Kristan Rizzolo,Carol P. Tello, November 04, 2013
On October 29, the Internal Revenue Service (IRS) issued Notice 2013-69, which includes guidance to foreign financial institutions (FFIs) entering into FFI agreements with the IRS and a draft FFI agreement. The Notice also describes some of the changes the IRS intends to make to the recently...
Illinois Click-Through Nexus Law Preempted by the Internet Tax Freedom Act
, October 25, 2013
In a 6-1 decision, the Illinois Supreme Court affirmed an Illinois Circuit Court holding that Illinois Public Act 96-1544 (The Click-Through Nexus Act), requiring out-of-state retailers to collect and remit use tax, violates the Internet Tax Freedom Act (ITFA). Performance Marketing Ass’n v....
OECD Summarizes Transfer Pricing Documentation Questions Ahead of November Consultation
Robert S. Chase,Mikka Gee Conway,Jennifer B. Molnar,Carol P. Tello,H. Karl Zeswitz, October 11, 2013
The Organisation for Economic Co-operation and Development (OECD) has issued a memorandum in connection with the planned overhaul of transfer pricing documentation rules under its action plan to address base erosion and profit-shifting. The memorandum follows the OECD’s July 30 “White...
IRS Updates Renewable Energy Tax Credit Beginning of Construction Guidance
, September 26, 2013
On September 20, 2013, the Internal Revenue Service (IRS) issued Notice 2013-60, which provides additional guidance that will help developers and purchasers of renewable energy facilities meet the beginning of construction requirement for the renewable energy section 45 production tax credit (PTC)...