Rachel Leigh Partain

Rachel Leigh Partain: Attorney with Caplin & Drysdale, Chartered

Biography

Rachel L. Partain is a Member of Caplin & Drysdale, where her practice focuses on representing high-net-worth individuals (HNWIs), corporations, and TEFRA and other partnerships in complex federal and state tax controversy and litigation matters.

Services

In the tax controversy arena, Ms. Partain provides skilled counsel to clients involved in examinations, appeals, tax and bankruptcy litigation, collections, compliance reviews, and internal investigations. Moreover, she partners with clients to develop policies and procedures that help reduce their risks and enhance their business operations.

Ms. Partain routinely appears before the Internal Revenue Service, the Department of Justice, and other government regulators to advocate for her clients' best interests. Notable representations include:
•handling Appeals and Tax Court proceedings involving Schedule C deductions and the civil fraud penalty;
•terminating a New York state franchise tax audit relating to whether a corporation was doing business in the state; and
•resolving a tax-exempt bond examination with no changes.

Prior results do not guarantee a similar outcome.

Ms. Partain also:
•defends companies and individuals in IRS and state promoter investigations;
•represents captive insurance arrangements involving income tax and federal excise tax (FET) issues;
•advises clients with uncertain tax positions and related privilege issues; and
•counsels HNWIs involved in voluntary disclosures, including for unreported foreign accounts and unfiled FBAR forms in connection with the IRS's OVDI, OVDP, and corresponding state programs.

Clients further benefit from Ms. Partain's substantial experience in advising businesses and HNWIs on how to structure transactions in a tax-efficient manner. Representations include:
•counseling clients on debt equity characterization, tax treatment of settlement payments, debt modification, cancellation of indebtedness, income tax accounting, Section 382 limitations, and treaty issues; and
•advising on matters relating to reorganizations, distributions, and inbound and outbound transactions.

Highlights

In 2012, Ms. Partain was awarded the Nolan Fellowship by the American Bar Association's Section of Taxation. The award honors a select group of outstanding young tax lawyers from across the nation who have shown significant contribution, service, and leadership. Ms. Partain is also distinguished with a Martindale-Hubbell AV Preeminent rating and was recognized by Super Lawyers as a Rising Star in 2013-2014.

She is currently the Co-Vice Chair of the ABA Tax Section's Standards of Tax Practice Committee, where she educates practitioners on ethical standards and the requirements of Circular 230. Ms. Partain is also Associate Editor for the ABA Tax Times.

An active participant in pro bono activities, Ms. Partain handles pro bono matters in Tax Court through the New York Calendar Call Program, the New York University School of Law Tax Clinic, and the Duke University School of Law Low-Income Taxpayer Clinic.

Recent Publications

• Captive Insurance: State Reporting Obligations for Transactions of Interest,with Christopher S. Rizek, Charles M. Ruchelman, and Arianna Caldwell, International Law Office, March 3, 2017
• IRS Launches Issue-Based Corporate Compliance Campaigns,with Mark D. Allison, J. Clark Armitage, and James E. Salles, International Law Office, February 24, 2017
• IRS Launches Issue Based Corporate Compliance Campaigns,with Mark D. Allison, J. Clark Armitage, Kirsten Burmester, Niles A. Elber, Neal M. Kochman, Charles M. Ruchelman, James E. Salles, Zhanna A. Ziering, and Dustin J. Barzell, Global Tax Weekly, February 16, 2017
• Captive Insurance Industry Should Be Aware of State Reporting Obligations for Transactions of Interest,with Christopher S. Rizek, Charles M. Ruchelman, and Arianna Caldwell, Caplin & Drysdale Client Alert, February 10, 2017
• IRS Launches 13 Issue-Based Corporate Compliance Campaigns,with Mark D. Allison, J. Clark Armitage, Kirsten Burmester, Niles A. Elber, Neal M. Kochman, Charles M. Ruchelman, James E. Salles, Zhanna A. Ziering, and Dustin J. Barzell, Caplin & Drysdale Client Alert, February 3, 2017
• The New Partnership Audit Regime: What We Know, What We Do Not and What Is Next,with Aaron M. Esman, Tax Management Memorandum, Bloomberg BNA, January 23, 2017
• Congress Looks to Fix New Partnership Audit Rules,with Charles M. Ruchelman, Elizabeth J. Stevens, and Jonathan S. Brenner, International Law Office, January 6, 2017
• Congress Looks to Fix New Partnership Audit Rules,with Charles M. Ruchelman, Jonathan S. Brenner, and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, December 14, 2016
• Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations,with Mark D. Allison, Christopher S. Rizek, and Charles M. Ruchelman, International Law Office, November 25, 2016
• Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations,with Mark D. Allison, Christopher S. Rizek, and Charles M. Ruchelman, Caplin & Drysdale Client Alert, November 3, 2016
• Congress Enacts New Tax Examination and Collection Regime for Partnerships,with Charles M. Ruchelman, Christopher S. Rizek, and Mark D. Allison, International Law Office, January 22, 2016
• Congress Enacts Entirely New Tax Examination and Collection Regime for Partnerships,with Charles M. Ruchelman, Christopher S. Rizek, and Mark D. Allison, Caplin & Drysdale Client Alert, December 10, 2015
• 'Just Add SaLT!' When and How to Consider State Tax Ethical Issues in Advising Clients,with Professor Michael B. Lang, ABA Tax Times, October 30, 2015
• Abusive Small Captive Insurance Companies on IRS 'Dirty Dozen' List,with Mark D. Allison, Christopher S. Rizek, and Charles M. Ruchelman, International Law Office, February 27, 2015
• Filing Claims and Suits for Refund Overpayments,American Bar Association, Section of Taxation, February 25, 2015
• Abusive Small Captive Insurance Companies Added to IRS Dirty Dozen Tax Scams ,with Mark D. Allison, Christopher S. Rizek, and Charles M. Ruchelman, Caplin & Drysdale Client Alert, February 13, 2015
• Proposed New York Tax Changes Would Affect Large and Small Businesses,with Mark D. Allison, International Law Office, January 30, 2015
• NYC Proposed Tax Code Changes Would Affect Businesses Large and Small,with Mark D. Allison, Caplin & Drysdale Client Alert, January 13, 2015
• IRS May Restrict Informal Refund Claims for LB&I Taxpayers Under Exam,Procedurally Taxing, November 26, 2014
• IRS Issues Final Regulations on Material Advisor Penalties,with Zhanna A. Ziering, Mark D. Allison, and Christopher S. Rizek, Caplin & Drysdale Client Alert, August 4, 2014
• ABA Section of Taxation Comments on Proposed Amendments to the Rules of the United States Tax Court, American Bar Association, March 1, 2012
• Protecting Yourself and Your Client in a Joint Defense Arrangement,ABA Section of Taxation News Quarterly, February 1, 2012
• ABA Section of Taxation Comments on Proposed Amendments to the Rules of the United States Tax Court, American Bar Association, March 1, 2011
• Summary of Recent Developments for 2009, American Bar Association Section of Taxation, Court Procedure & Practice Committee, September 1, 2009
• Summary of Recent Developments for 2008, American Bar Association Section of Taxation, Court Procedure & Practice Committee, September 1, 2008
• Meeting Newsletter, American Bar Association Section of Taxation, Court Procedure & Practice Committee (2006-2007), May 1, 2007
• ABA's Comments Concerning the Tax Court's Proposed Amendments Regarding Privacy and Public Access to Electronic Case Files, American Bar Association, April 13, 2007

Recent Speaking Engagements

•Panelist, Ethical Issues in Representing Tax Professionals, American Bar Association, Section of Taxation, 2017 May Meeting, May 12, 2017
•Speaker, Captive Insurance: New IRS Tax Reporting Regime, AICPA, December 19, 2016
•Speaker, Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations, Bloomberg BNA, December 9, 2016
•Speaker, Small Captive Insurers and the New IRS Reporting Regime, Long Island Tax Professionals Symposium, The National Conference CPA Practitioners, November 18, 2016
•Speaker, Small Captive Insurers and the New IRS Reporting Regime, Long Island Tax Professionals Symposium, November 17, 2016
•Speaker, The New Partnership Audit Regime: the Good, the Bad, and the Unknown, The Bloomberg BNA U.S. Income Tax Advisory Board, October 20, 2016
•Panelist, Tax Attributes of Consumer Debt, American Bar Association, 2016 Joint Fall Meeting, September 30, 2016
•Panelist, Ethical Obligations in Representing Deceased, Incompetent and Unavailable Clients, American Bar Association, 2016 Joint Fall Meeting, September 30, 2016
•Panelist, Litigating the Characterization of a Debt Instrument Under Current Case Law and the Proposed 385 Regulations, American Bar Association, 2016 Joint Fall Meeting, September 30, 2016
•Speaker, Ethical Issues Arising in the Context of International Tax Planning, ABA Tax Section, January 29, 2016
•Speaker, New Tax Laws Relating to IRS Examination of and Tax Collection from Partnerships, Bloomberg BNA, January 26, 2016
•Panelist, Social Media: Ethics in the Internet Age, American Bar Association, 2015 Joint Fall CLE Meeting, September 17, 2015
•Moderator, Session 9B: Ethics, Federal Bar Association, 27th Annual Insurance Tax Seminar, May 29, 2015
•Panelist, Ethical and Standards Issues Arising in the Context of a State and Local Taxes Practice, American Bar Association, 2015 May Meeting, May 8, 2015
•Panelist, Ensuring Ethical Client Solicitations, American Bar Association, 2015 May Meeting, May 8, 2015
•Moderator, International Discovery: Handling the Complexities of Cross-Border Disputes, New York County Lawyer Association (NYCLA), CLE Course, February 10, 2015
•Moderator, Special Issues for Tax Practitioners Representing Partnerships, Tax Matters Partners or Partners in Partnerships (and Other Pass-Through Entities): Ensuring Compliance with Circular 230 and Other Practice Rules, American Bar Association, 2015 Midyear Meeting, January 30, 2015
•Speaker, Evolving Scope of Circular 230, American Bar Association, Tax Administrative Practice Committee Subcommittee on IRS Liaison Acitvities, Monthly Conference Call Meeting, October 15, 2014
•Moderator, Ethical Issus in Federal Tax Practice - The Government Perspective, American Bar Association, 2014 Joint Fall CLE Meeting, September 20, 2014
•Panelist, The Fallout from Loving: How Broad an Impact on Circular 230?, American Bar Association, Ethics and Professionalism CLE, July 16, 2014
•Panelist, Hot Topics in Captive Insurance and Risk Pooling Arrangements, May 28, 2014
•Moderator, Ethical Issues in Federal Tax Practice - The Government Perspective, American Bar Association, 2014 May Meeting, May 9, 2014
•Panelist, The Fallout from Loving: How Broad an Impact on Circular 230?, American Bar Association, May 9, 2014
•Speaker, Ethical Issues Arising from Conflicts of Interest in Litigation, American Bar Association 2014 Midyear Meeting, January 24, 2014
•Speaker, Hot Topics in Captive Insurance and Risk Pooling Arrangements, American Bar Association 2014 Midyear Meeting, January 24, 2014
•Moderator, Ethical Issues Arising from Conflicts of Interest, Especially When Criminal Tax Charges Are on the Horizon, American Bar Association, September 20, 2013
•Moderator, Ethical Issues in Federal Tax Practice - The Government Perspective, American Bar Association, January 25, 2013
•Moderator, Addressing Concerns About the Ethical Judgments of a Supervising Attorney, American Bar Association, 2012 Joint Fall CLE Meeting, September 14, 2012
•Moderator, Compliance Issues at a Start-up, The New York County Lawyers' Association, June 27, 2012
•Speaker, Court Procedure & Practice: Important Developments, American Bar Association, 2012 Midyear Meeting, February 17, 2012
•Speaker, Current Developments, American Bar Association Section of Taxation Meeting, Court Procedure & Practice Committee (2007-2011), October 21, 2011
•Moderator, Joint Defense Agreements, Part II, American Bar Association Section of Taxation Meeting, Court Procedure & Practice Committee (Denver, CO), October 21, 2011
•Speaker, Judicial Deference Mock Argument: Application of Temp. Treas. Reg. 301.6501(e)-1T(a)(1)(iii) in Smith v. Commissioner, American Bar Association, 2010 Midyear Meeting, January 21, 2010

Awards & Rankings

Super Lawyers, New York, Rising Star, 2013-2014
Nolan Fellowship, American Bar Association Section of Taxation, 2012
Martindale-Hubbell AV Preeminent
Above the Law, Tax Firm Power List, 2016

Recent News

•Tax Notes Quotes Rachel Partain: Nevada Court Follows Loving on OPR Jurisdiction, Tax Notes, March 21, 2017
•Captive Insurance Times Quotes Rachel Partain: Advisers Should Act Now on Notice 2016-66, Captive Insurance Times, November 28, 2016
•MEDIA ADVISORY: Deadline for Small Captive Insurance Company Filing is January 30, 2017, Caplin & Drysdale, Chartered, November 17, 2016
•Rachel Partain Comments on IRS Imposing Reporting Requirements on Micro-Captive Insurance Deals, Bloomberg BNA, November 4, 2016
•Caplin & Drysdale Listed in Above the Law's Tax Firm Power List, Above the Law, July 29, 2016
•Caplin & Drysdale Promotes Attorneys in D.C. and New York, Caplin & Drysdale, February 1, 2016
•Rachel Partain Comments on the Second Circuit Expanding Common Legal Interest Doctrine, Tax Notes, November 11, 2015
•Caplin & Drysdale's International Tax Group Earns Top Honors for Second Consecutive Year, The Legal 500, July 29, 2015
•Rachel Partain Comments on Tax Quirks and Complications to Look For, MainStreet, February 24, 2015
•LAW360 Quotes Christopher Rizek and Rachel Partain: IRS Grip On Tax Preparers Will Weaken Without Legislation, LAW360, January 13, 2015
•Mark Allison, Rachel Partain, and Zhanna Ziering Listed Among New York's Super Lawyers, Super Lawyers, September 24, 2014
•Tax Notes Today Quotes Rachel Partain: Tax Court Allows Predictive Coding in E-Discovery, Tax Notes Today, September 18, 2014
•Rachel Partain Comments on 2 Cases to Watch in the Wake of Loving, Tax Notes Today, August 27, 2014
•Tax Notes Today Quotes Rachel Partain on Court Ruling that Undermines Work Product Protection, Tax Notes Today, May 30, 2014
•New York State Tax Crackdown Requires Prompt Action on Past-Due Taxes, Caplin & Drysdale, August 7, 2013
•Rachel Partain Receives Martindale AV-Rating, Martindale-Hubbell, June 13, 2013
•Super Lawyers Lists Nineteen Caplin & Drysdale Attorneys, Super Lawyers, April 29, 2013
•Caplin & Drysdale Announces Expansion of Tax Practice and Relocation of New York Office, Caplin & Drysdale, September 20, 2012
•Caplin & Drysdale's Rachel Partain Named One of American Bar Association's 2012 Nolan Fellows, February 23, 2012

Blog

Partnership Representative

Areas of Practice (2)

  • Tax Controversies
  • Tax Litigation

Education & Credentials

Contact Information:
(212) 379-6071  Phone
(212) 379-6001  Fax
www.capdale.com/rpartain
University Attended:
The University of Texas at Arlington, B.A., cum laude, 1995; Alpha Chi Honor Society, Phi Alpha Theta Honor Society, Distinguished Honor Roll - College of Liberal Arts, Fall 1993, Spring 1994; Honors College, 1992-1994
Law School Attended:
University of Chicago Law School, J.D., 2002; Executive Editor, University of Chicago Law School Roundtable, Joseph Henry Beale Prize for Legal Research and Writing, 1999-2000; New York University School of Law, LL.M., 2010
Year of First admission:
2004
Admission:
New York; District of Columbia; U.S. District Court for the Eastern District of New York; U.S. Court of Federal Claims; U.S. District Court for the Southern District of New York; U.S. Tax Court
Memberships:

Other Professional Affiliations

ABA Section of Taxation, Standards of Tax Practice: Co-Vice Chair (2015-Present); Court Procedure & Practice Committee: Subcommittee Chair for Committee on Government Submissions (2012 - 2015) and Current Developments (2007 - 2012)

New York State Bar Association, Tax Section

New York County Lawyers Association, Tax Section and In-House/Outside Counsel Committee

ISLN:
917318168

Peer Reviews

  • 4.8/5.0 (10)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.7/5.0
  • Rachel Leigh Partain

    5.0/5.0 by a Other Legal Professional on 05/07/13 in Tax Law on 05/07/13

    Rachel is a highly experienced and knowledgeable tax controversy and litigation attorney. I worked with her on several large-case tax controversy matters before IRS Appe...

    Read more

    Rachel is a highly experienced and knowledgeable tax controversy and litigation attorney. I worked with her on several large-case tax controversy matters before IRS Appeals and in other contexts. She has always impressed me with her ability to convey complex tax concepts in a clear and understandable manner without overlooking the needed details and with her ability to stay calm and focused under pressure.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Associate on 05/07/13 in Tax Law on 05/07/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Other Law Firm Position on 04/30/13 in Tax Controversies on 04/30/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Associate on 04/29/13 in Tax Litigation on 04/29/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Sole Practitioner on 04/29/13 in Tax Controversies on 04/29/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Associate on 04/29/13 in Tax Controversies on 04/29/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    5.0/5.0 by a Associate on 04/29/13 in Tax Controversies on 04/29/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Rachel Leigh Partain

    4.6/5.0 by a Senior Associate on 05/01/13 in Tax Law on 05/01/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0
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  • Rachel Leigh Partain

    4.4/5.0 by a Of Counsel on 05/07/13 in Tax Law on 05/07/13

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0
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  • Rachel Leigh Partain

    4.0/5.0 by a Partner on 04/29/13 in Tax Controversies on 04/29/13

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0
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