Income Tax Controversy and Litigation

Baker Botts tax controversy and litigation lawyers are both tax lawyers and litigation lawyers. We have underlying knowledge of tax law, combined with a deep bench of substantive tax professionals, providing the highest caliber of service to clients. Our team is experienced at settlements short of litigation with significant, varied administrative practice before IRS Exam and IRS Appeals. We have negotiated settlements on tax matters for both non-docketed and docketed tax cases. Baker Botts tax lawyers are also well known to IRS exam teams, appeals officers and counsel and to the Department of Justice and are effective in working with them on settlements. We also have a strong record of advocacy in convincing appellate courts on tax positions.

Baker Botts income tax controversy and litigation lawyers represent large companies and high net worth individuals across the country in all manner of complex tax controversies before the IRS, at its Examination and Appeals divisions and its National Office, the Treasury, the Tax Court, Court of Federal Claims, federal district courts, courts of appeals, state courts and state taxing authorities.

We thoroughly evaluate the merits of complex tax issues and develop creative arguments in defense of proposed adjustments.

Our lawyers prepare detailed, persuasive responses to the IRS' proposed adjustments and written protests for those examinations that proceed to IRS Appeals and have represented clients in a number of mediations, including post-appeals and fast-track mediations. Our practice includes complex negotiations with the IRS relating to pre-filing agreements. When a tax controversy cannot be achieved administratively, our lawyers have substantial experience in tax litigation in all forums. Some cases are settled without the necessity of trial; however, we have tried many large cases involving sophisticated issues and high value controversy.

We also regularly advise energy clients on tax issues related to financial statements, including sensitive disclosure issues, FIN 48 reserves and negotiations with financial auditors.

Our lawyers see their role as your trusted advisor to help you identify and solve past problems and prevent future ones. We work best when we partner with your in-house tax team to jointly analyze problems and develop pragmatic solutions. We also help facilitate effective communication with the legal and business functions.