Richard A. Husseini

Department Chair - Tax (Firmwide & Houston) & Section Chair - Income Tax (Firmwide) & Practice Group Chair - Tax Litigation (Firmwide) Partner

Richard Husseini Photo

Houston

P: +1.713.229.1678 F: +1.713.229.2778

Tax Controversy/Litigation

  • Major energy company on competent authority and MAP negotiations
  • Major energy company on transfer pricing audit relating to intellectual property
  • Major telecommunications company on competent authority and MAP negotiations
  • Major E&P company-case before IRS Appeals on application of straddle and interest capitalization rules
  • Major oil field services company in tax sharing agreement arbitration dispute with former subsidiary before arbitration panel
  • Major energy company before IRS Appeals on cash and carry partnerships, scope of disguised sale exceptions and AMT issues
  • Independent energy company before IRS Appeals on scope of section 199
  • Major energy company before IRS Appeals on accounting method issues
  • Major energy company credit before IRS Appeals on research and development credits
  • Major national company before IRS Appeals on application of sections 331/332 and doctrines of economic substance and step transaction
  • Major E&P company-resolution of interest allocation issue for foreign tax credit purposes
  • Major company in post-Appeals mediation on scope of section 172(f)
  • Major utility-case before IRS Appeals on financial products issues under the straddle and interest capitalization rules
  • Major energy company-case before IRS Appeals on application of international financing and treaty rules
  • Major energy company-resolution of foreign tax creditability issue
  • Oil and gas investors-case before IRS Appeals on investments in leveraged drilling partnerships
  • Major telecommunications company-fast track mediation proceeding on financial products issues
  • Major receivership-handled federal tax issues related to receivership proceeding
  • Major international services company-handled grantor trust issues
  • Major educational company-refund lawsuit involving application of Section 1033
  • CenterPoint Energy-rate case proceeding before the Texas PUC; handled issues related to FIN 48, Medicare Part D and consolidated tax savings issues
  • CenterPoint Energy-true-up proceeding before the Texas PUC to determine the amount of stranded costs, and whether accumulated deferred income taxes, accumulated investment tax credits and excess deferred income taxes should reduce stranded cost recovery
  • D.D.I.-case before the North Dakota Supreme Court in which the court was persuaded to declare the state’s dividend received deduction provision unconstitutional under the Commerce Clause (D.D.I. v. State, 657 N.W.2d 228 (2003))
  • Major oil and gas company-representation before state court on constitutional challenge to state tax
  • Houston Industries-Courts ruled that fuel cost over recoveries did not constitute income (Houston Industries, Inc. v. United States, 125 F.3d 1442 (Fed. Cir. 1997), aff’g, 32 Fed. Cl. 202 (1994))
  • Pennzoil Company-settlement of Pennzoil’s tax liability before the IRS related to the status under Section 1033 of the settlement proceeds from the Pennzoil/Texaco litigation
  • The Winn-Dixie family-first case that recognized the “unrealized capital gains discount” when valuing stock in a C corporation (Estate of Davis v. Commissioner, 110 T.C. 530 (1998))
  • Major industrial company-action before the U.S. Tax Court relating to LIFO inventory issues
  • IRS Post-Appeals Mediation-settlement for a large corporate conglomerate involving application of Section 1033
  • Federal/state tax arbitration-victory for a for-profit corporate taxpayer in a dispute with a nonprofit entity before a three-judge arbitration panel

Transactional Tax

  • Halliburton Company-$35 billion acquisition of Baker Hughes Incorporated (terminated)
  • Chesapeake Energy Corporation-Spin-off of Seventy Seven Energy, Inc
  • Mariner Energy, Inc.-merger with Apache Corporation; reverse Morris trust spin/merge transaction with Forest Oil Corporation’s Gulf of Mexico operations
  • CenterPoint Energy/Reliant Energy-representation of CenterPoint/Reliant Energy in its NorAm acquisition and initial public offering and spin-off of Reliant Resources
  • Major solar developer on implementation of residential lease facility
  • Biodiesel project-tax counsel to biodiesel venturer
  • Renewable energy project-assisted in procurement of clean energy renewable bonds
  • Major independent power producer-negotiation of power purchase agreement
  • Structuring projects for non-profits involving various types of section 501(c) organizations along with for-profit subsidiaries