Tax Controversies

We have favorably resolved tax disputes involving federal, state, and local taxes through negotiation, the administrative process, and the courts.  We efficiently resolve disputes without litigation where possible.  Where negotiation or administrative resolutions are not possible, we aggressively litigate in court.

Corporations, partnerships, individuals, and government entities regularly retain our firm to represent them in connection with disputed tax matters ranging from negotiating routine tax assessments and adjustments to litigating complex and novel tax law issues.  We also have represented clients in criminal investigations involving tax matters.  And we provide counseling and strategic advice to clients before disputes arise.

We handle a wide variety of tax matters, including:

  • Corporate and individual income tax
  • Criminal tax investigations
  • Sales tax
  • Use tax
  • Payroll tax
  • Taxation on internet sales
  • Taxation on telecommunications
  • Tax nexus, situs, and sourcing
  • Transfer pricing
  • Whistleblower or False Claims Act litigation

Representative Matters

  • In Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, 998 N.E.2d 1227 (Nov. 21, 2013), the Supreme Court of Illinois accepted our client’s arguments and invalidated state tax regulations relating to sales tax situs and sourcing.
  • In Primeco Personal Communications, L.P. v. Illinois Commerce Commission, 196 Ill. 2d 70, 750 N.E.2d 202 (2001), the Supreme Court of Illinois found in favor of our clients and held that a tax on wireless telecommunications retailers violated the Illinois Constitution.
  • We obtained dismissal of a False Claims Act complaint brought by a whistleblower in the Circuit Court of Cook County, Illinois, which alleged that our client failed to report and remit use tax on shipping and handling charges on Internet sales.
  • We favorably resolved a False Claims Act case before our client filed an answer or any motions in the Circuit Court of Cook County, Illinois.
  • We advised clients about strategy for responding to tax levies and wage garnishments.
  • We represented a client in interviews conducted by IRS criminal investigation agents.  No criminal charges were filed.
  • We obtained waiver and abatement of substantial proposed and assessed penalties and interest for corporate taxpayers arising from untimely filings of federal information returns.
  • We currently represent a local government entity in cases regarding sales tax situs.
  • We currently represent a client in a dispute regarding state tax nexus.

Recent Publications and Presentations

  • Illinois Appellate Court Rejects Effort to Tax Out-of-State Trust, John J. Barber, Chicago Daily Law Bulletin (Mar. 3, 2014).
  • Court Ruling Emphasizes Consistent Taxation, John J. Barber, Chicago Daily Law Bulletin (Dec. 12, 2013).
  • Illinois Supreme Court Interprets Law’s Use of Phrase “All Taxes Due,” John J. Barber, Chicago Daily Law Bulletin (Nov. 27, 2013).
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