Tax Controversy

Businesses turn to Bingham when they face significant tax controversy and litigation issues.

Our tax controversy practice has been ranked in the top tier nationally since the category first appeared in Chambers USA. What differentiates Bingham in the tax controversy arena is that our tax controversy lawyers’ mastery of process and advocacy is matched by our mastery of the technical rules. This combination is rare.

We are accomplished advocates and trial lawyers in the first instance; but we are also fluent in the tax law, we understand the business context in which tax issues arise, and through years of experience we know the arcane procedures in which tax disputes emerge and are resolved.

Every tax case can be resolved at the administrative level — at some price. However, achieving optimal results at the administrative level requires the ability and experience to:

  • Develop the facts and understand them in their financial and business context.
  • Craft winning legal arguments that turn on provable facts and credible testimony, rather than unsupportable hypotheses.
  • Identify government stakeholders (there are often many), understand what is important to them and refine the arguments accordingly.
  • Navigate arcane administrative procedures so that the right arguments find the right people.
  • Be prepared to move the issues seamlessly to litigation, if necessary.

And, as importantly, Bingham excels when tax litigation is necessary. As one client commented to Chambers USA, “For litigating the tax aspects of complicated finance issues, this is the best team in the country.”

More than half of Bingham’s substantial tax practice focuses on tax controversy resolution with particular concentration in the following:

  • IRS practice and procedure: examination and appeals
  • Trial court litigation in the Tax Court, Court of Federal Claims and numerous district courts
  • Financial institutions and instruments controversy
  • Bankruptcy and restructuring controversy
  • Transfer pricing dispute resolution
  • Criminal tax investigation and defense
  • Appellate litigation
  • State and local tax controversy and litigation
Our tax litigators have tried numerous federal cases in the Tax Court, the U.S. Court of Federal Claims and in 20 federal district courts. We routinely manage and litigate tax issues for clients in bankruptcy. And we have represented clients in federal tax appeals in 11 circuits.