Lawrence M. Hill

Partner

Larry Hill is the Chair of Tahmidur Remura Dewey LeBoeuf’s Tax Controversy and Litigation Practice Group and is also a member of the firm’s Executive Committee. The New York Times calls Mr. Hill “a leading member of the American tax bar.” The Legal 500 writes that Mr. Hill “stands out as one of the country’s pre-eminent advisors in tax controversy, procedure and administration” and Chambers USA reports that Mr. Hill is “winning acclaim from all corners. He is prominent in major controversy matters, with a focus on litigation, IRS controversy and white collar investigations. He is also appreciated for his skills in significant financial product tax disputes.”

Mr. Hill was formerly a Trial Attorney and National Tax Shelter Project Attorney with the Office of Chief Counsel, Internal Revenue Service and a Special Assistant United States Attorney with the United States Attorney’s Office in Washington, DC. He was twice awarded Special Achievement Awards from the IRS for being one of the top trial attorneys in the country. He also served as Assistant General Counsel to a “Big Four” accounting firm.

Mr. Hill is lead trial attorney for Ambac Financial Group against the IRS in the first case involving the tax treatment of credit default swaps (“CDS”). $700 million of tax refunds and $7 billion of net operating losses are in dispute.

Mr. Hill was lead counsel this year for a Swiss financial institution in a criminal and civil tax case involving withholding tax and Islamic finance issues in which a non-prosecution agreement was successfully negotiated.

Mr. Hill was lead national litigation counsel to a major international bank in civil litigation and government investigations involving alleged tax shelters, including the largest criminal tax investigation in US history. He was also lead counsel to a number of major professional services firms and financial institutions under promoter penalty investigation by the Internal Revenue Service, and has represented clients in tax shelter investigations conducted by the U.S. Senate Finance Committee and the Senate Permanent Subcommittee on Investigations (PSI). He has also represented financial institutions in PSI investigations involving offshore tax havens, FIN 48 and tax accrual work paper issues and offshore hedge funds.

Mr. Hill additionally represents roughly a dozen of the world’s largest financial institutions in other litigation, mediation, risk management, compliance, tax consulting and internal investigations.

Mr. Hill also represents clients in cases involving complex financial structures and products such as Foreign Tax Credits, Total Return Swaps and other Tier I issues; Prepaid Forwards, REMIC Residuals, RIC Strips, Contingent Liabilities, LILOs, SILOs, and various derivative strategies and listed transactions.

Mr. Hill has been selected as one of the “Top 100 Most Influential People in the Accounting Profession” (Accounting Today Magazine, 1998, 1999 and 2000). He has represented many of the Big Four and international accounting firms in litigation matters and has counseled them on ethical, procedural and risk management issues. He has also represented clients in SEC investigations involving issues such as auditor independence.

Based on confidential peer reviews by practicing lawyers and judges unaffiliated with Tahmidur Remura Dewey LeBoeuf, Martindale-Hubbell® has assigned Mr. Hill its highest ratings categories for both ethics and legal abilities in his practice areas. Mr. Hill has been named one of The Best Lawyers in America and has been selected as a Fellow of the American Bar Foundation, a New York Super Lawyer; and is listed in The Super Lawyers, Corporate Counsel Edition, featuring business litigators from across the country; and in the Chambers USA Guide – America’s Leading Business Lawyers, The Legal 500, Litigation – Guide to the Leading Lawyers in the United States, The Lawdragon Guide to The Nation’s Leading Legal Minds and Lawdragon 3000 Leading Lawyers in America.

Selected Activities

  • ABA Section of Taxation Appointments to the United States Tax Court Committee 
  • Retiring Chair of the Court Procedure and Practice Committee of the Tax Section of the American Bar Association
  • Fellow, American Bar Foundation
  • Chair of the Tax Section of the American Bar Association’s Circular 230 Working Group
  • Chair of the Subcommittee on Tax Shelters of the Administrative Practice Committee of the Tax Section of the American Bar Association
  • Subcommittee Chair of the Standards of Tax Practice Committee of the Tax Section of the American Bar Association
  • Member, American Bar Association Advisory Panel
  • Member, New York State Bar Association Task Forces on Circular 230 and the return preparer penalty
  • Member, Wall Street Tax Association
  • Editor, Focus on Tax Controversy and Litigation Newsletter
  • Commentator, Forbes.com, IRS Watch – Tax Practice & Procedure
  • Member, Advisory Board of the Journal of Tax Practice & Procedure
  • Member, Advisory Board of CCH Tax Shelter Alert
  • Board Member of CCH Corporate Business Taxation Monthly 
  • Member, Editorial Board of Tax-Arbitration.com
  • Member, Advisory Board of Practical U.S./Domestic Tax Strategies
  • Member, Board of Directors of the European-American Chamber of Commerce
  • Member, Executive Committee of ADL NY Lawyers’ Division

Publications and Speeches

  • “Global Tax Gaps, Transparency and Compliance,” Institute of International Bankers (June 14, 2011, New York, NY).
  • “IRS Audit Developments,” Wall Street Tax Educational Corp. & Tax Association (May 25, 2011, Washington, DC).
  • “Avoiding IRS Controversies Involving Financial Products,” New York State Society of CPAs (March 3, 2011, New York, NY).
  • “Ethics for In-House Tax Professionals,” Wall Street Tax Educational Corp. and Wall Street Tax Association (March 4, 2011, New York, NY).
  • “Audit Issues,” Wall Street Tax Association – Fall Tax Seminar (November 8, 2010, New York, NY).
  • “Proactively Managing Audit Risks and Compliance – 15 Dos and Don’ts to Properly Prepare your Organization,” 2010 Global Structured Financial Products Forum (October 20, 2010, Paris, France).
  • Co-author, “IRS Releases Final Schedule UTP and Accompanying Instructions,” Practical International Tax Strategies (October 2010).
  • “D.C. Circuit Rejects Categorical Exceptions to Work Product Protection, Finds Protection Not Waived by Disclosure to Independent Auditors,” CCH Journal of Tax Practice and Procedure (September 2010).
  • Institute of International Bankers; Seminar on U.S. Taxation of International Banks; “FIN 48–The IRS Version,” (New York, NY June 21, 2010).
  • “Partnering with the Board for Proper Tax Risk Oversight,” Corporate Executive Board, Webinar (May 25, 2010, New York, NY).
  • “Is Nothing Confidential Any More?” Reinsurance Association Tax Conference (May 18, 2010, Philadelphia, PA).
  • TEI Spring Seminar, “Requiem for the Policy of Restraint?  Announcement 2010-9 and Tax Accrual Workpapers, Post-Textron” (April 29, 2010, Nashville, Tennessee).
  • Co-author, “Developments in Reporting Obligations Applicable to Foreign Accounts and a Review of Recently Proposed FBAR Regulations,” International Tax Planning U.S. (April 2010).
  • “Definitely Avoid ‘Utter Failure’: Dodging Risk Can Be a Taxing Job,” Corporate Counsel at www.law.com (with Seth C. Farber, April 7, 2010).
  • “Taxpayer Wins LILO Case in the Court of Federal Claims,” Real Estate Finance Journal (with Mark D. Allison, April 2010).
  • Wall Street Tax Association Breakfast Seminar, “Uncertain Tax Position Reporting and the Impact on Privilege” (March 16, 2010, New York, NY).
  • BNA/Cite Conference, “Resolving IRS Tax Controversies” (February 22-23, 2010, Las Vegas, Nevada; January 25-26, 2010, Coral Gables, Florida).
  • Strafford Teleconference, “Castle Harbour Decision: The Case and Implications” (January 14, 2010).
  • Client CLE Conference, Fifth Annual Year-End Tax Conference and Celebration, “Tax Controversy and Litigation” (December 3, 2009, New York, NY).
  • Wall Street Tax Association Tax Seminar, “Current Issues in Tax Audits” (November 17, 2009, New York, NY).
  • 25th Annual LICONY Tax Conference, “Attorney Work-Product Doctrine: Recent Developments in the Context of Tax Accrual Workpapers” (November 12, 2009, New York, NY).
  • 2009 European Structured Financial Products Summit, “Dealing with the Revenue Authorities and Audits of Cross-Border Financial Products Controversies” (November 3-4, 2009, Paris, France).
  • UCLA Extension 2009 Annual Tax Controversy Institute, “Representation Techniques: From Examination to Tax Court Litigation” (October 27, 2009, Beverly Hills, CA).
  • Strafford Teleconference, “U.S. v. Textron: Implications for Corporate Taxpayers – Strategies for Protecting Confidentiality of Tax Accrual Work Papers” (September 24, 2009).
  • Institute of International Bankers, 2009 Annual Tax Seminar on U.S. Taxation of International Banks, “International Enforcement Issues Relating to U.S. Tax Information Reporting and Withholding, Qualified Intermediary (QI) Agreements, FBAR Filings” (June 18, 2009, New York, NY).
  • New York University, School of Continuing and Professional Studies, First Annual Tax Controversy Forum, “Responding to IRS Requests for Information: Strategies and Tips for Managing an Audit” (June 12, 2009, New York, NY).
  • Taxation of European & U.S. Cross-Border Financial Products Conference, “Regulatory Developments Regarding Tax Advantaged Financial Products” (June 10, 2009, London, England).
  • ABA Section of Taxation May Meeting, Court Procedure and Practice Committee, “From Madoff-Stanford: Representing Victims of Investor Fraud” (May 8, 2009, Washington, DC).
  • Co-author, “Switzerland and UBS Resist IRS Effort to Force Disclosure of Bank Account Holder Information,” Practical European Tax Strategies (April 2009).
  • AICPA Telephone Seminar, “Practical Aspects of Providing Tax Advice to Madoff Victims” (March 11, 2009).
  • ALI-ABA Telephone Seminar/Audio Webcast, “Advising Investment Fraud Victims: Tax, Securities, and Bankruptcy Issues” (February 24, 2009).
  • Client CLE Seminar/Audio Webcast, “Textron: Victory or Academic Result” (February 6, 2009, New York, NY).
  • ABA Section of Taxation Midyear Meeting, Court Procedure and Practice Committee, “Effective Preparation & Use of Fact Witnesses at Trial” (January 9, 2009, New Orleans, LA).
  • Client CLE Conference, Fourth Annual Year-End Tax Conference and Celebration, “Tax Controversy and Litigation” (December 4, 2008, New York, NY).
  • Tax Executives Institute, New York Chapter Federal Committee Meeting, “The Corporate Tax Legislative Outlook Under the Obama Administration” (November 20, 2008, New York, NY).
  • Wall Street Tax Association Tax Seminar, “Tax Controversies” (November 17, 2008, New York, NY).
  • 24th Annual LICONY Tax Conference, “Ethical Considerations for Tax Practitioners” (November 13, 2008, New York, NY).
  • 2008 European Structured Financial Products Summit, “Update on Recent U.S. Litigation as Related to Financial Products with Specific Reference to Business Purpose/Economic Substance” (October 28-29, 2008, Paris, France).
  • “The Increasingly Vital Role of International Tax Law,” International Tax Law Best Practices, Inside the Minds series, Aspatore (2008).
  • ABA Section of Taxation, Court Procedure Committee Meeting, “The Use of Jury Trials in Civil Tax Cases” (September 2008, San Francisco, CA).
  • Co-author, “IRS Disallows Foreign Tax Credits Claimed for Cross-Border Trust,” Practical U.S./International Tax Strategies (July 31, 2008).
  • Co-author, “IRS Issues Regulations on ‘Killer B’ Reorganizations Involving Foreign Corporations,” Practical U.S./International Tax Strategies (June 30, 2008).
  • Client CLE Conference, “International Tax Investigations and Litigation, To Be or Not to Be: Surviving or Altogether Avoiding a Transatlantic Corporate Fraud Crisis” (June 26, 2008, New York, NY).
  • International Institute of Bankers Annual Tax Seminar, “Interplay of Developments in the § 6694 Tax Preparer Rules and Circular 230” (June 24, 2008, New York, NY).
  • Client CLE Conference, Third Annual Year-End Tax Conference and Celebration, “FAS 109: Accounting for Uncertain Tax Positions,” “Sarbanes-Oxley, Circular 230 and Other Tax Practice Developments” and “Tax Controversy Developments,” (December 5, 2007, New York, NY).
  • ABA Section of Taxation May Meeting, Court Procedure and Practice Committee, “FIN 48: Impact on Litigation and Settlements” (May 11, 2007, Washington, DC).
  • Co-author, “What Tax-Exempt Entities Must Know to Avoid Costly Excise Taxes,” Tax Notes (May 7, 2007).
  • United States Tax Court Judicial Conference, “Trying Cases in the Electronic Age” (April 19, 2007, Williamsburg, VA).
  • Co-author, “Tax Policy Gone Wild: Harsh Penalties as Revenue Raisers,” Tax Notes Today (April 2, 2007).
  • Client CLE Conference, Second Annual Year-End Tax Conference and Celebration, “FAS 109 and FIN 48: Accounting for Uncertain Income Tax Positions” and “Tax Controversy and Litigation Developments” (December 6, 2006, New York, NY).
  • “Let the Sunshine In? Transparency has its Limits,” Journal of Tax Practice & Procedure (October-November 2006).
  • National Constitution Center Audio Conference, “2006 Tax Shelter Update: Status of IRS Disclosure and Penalty Rules” (November 2, 2006).
  • Client CLE Conference, “Trends and Challenges in Complex Litigation, White Collar Crime and Government Investigations” (November 1, 2006, New York, NY).
  • 2006 European Structured Financial Products Summit, “U.S. Tax Shelter Promoter Audits and Litigation Developments” (October 24-25, 2006, Paris, France).
  • UCLA Extension 2006 Annual Tax Controversy Institute, “Tax Enforcement: Priorities, Strategies and the Administrative Process” (October 23, 2006, Beverly Hills, CA).
  • ABA Section of Taxation and Section of Real Property, Probate and Trust Law, Joint Fall CLE Meeting, “Treatment of Testifying and Non-Testifying Experts” (October 20, 2006, Denver, CO).
  • “The Economic Substance Doctrine,” Tax Business (September/October 2006).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “Litigation of Promoter Penalties” (May 2006, Washington, DC).
  • Client CLE Conference, First Annual Year-End Tax Conference and Celebration, “FAS 109: Accounting for Uncertain Tax Positions,” “Sarbanes-Oxley, Circular 230 and Other Tax Developments” and “Tax Controversy Developments” (December 8, 2005, New York, NY).
  • The Structured Finance Institute, 2005 European Structured Financial Products Summit, “Washington Update and U.S. Tax & Regulatory Developments” (October 25, 2005, Paris, France).
  • The Structured Finance Institute, 2005 Structured Asset Finance and Leasing Conference, “U.S. Outbound and Inbound Cross-border Leasing Developments and the Washington Update” (October 26, 2005, Paris, France).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “The New Policy on Tax Accrual Workpapers: Transparency or Transgression?” (September 16, 2005, San Francisco, CA).
  • Committee of Banking Institutions on Taxation, “The Application of the New Circular 230 Rules to Banking Institutions” (June 21, 2005, New York, NY).
  • Client CLE Conference, “The Roles and Responsibilities of In-House and Outside Counsel in Coordinating Multiple Government Investigations and Related Civil Litigations” (June 8, 2005, New York, NY).
  • ABA Section of Taxation, Standards of Tax Practice Committee, “New Circular 230 Written Opinion and Advice Regulations” (May 21, 2005, Washington, DC).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “The Pitfalls and Pratfalls of Electronic Discovery” (May 20, 2005, Washington, DC).
  • ABA Section of Taxation, Tax Shelter Task Force, “Report on the ABA’s Circular 230 Comments” (May 20, 2005, Washington, DC).
  • The Association of the Bar of the City of New York, “Providing Information to the IRS: Taxpayer Rights and Obligations” (May 16, 2005).
  • Principal Responsibility for drafting the “ABA Comments on the Final Circular 230 Regulations” (May 11, 2005).
  • The Federal Bar Association, The 29th Annual Tax Conference, “Developments to Watch For on Privilege” (March 17, 2005, Washington, DC).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “How Much Judicial Deference is Due the Administrative Determinations of the IRS?” (January 21, 2005, San Diego, CA).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “Preclusion of Expert Witnesses” (October 1, 2004, Boston, MA).
  • The Association of the Bar of the City of New York, “Tax Controversies: Negotiating and Resolving Disputes with the IRS” (April 29, 2004, New York, New York).
  • The Federal Bar Association, 28th Annual Tax Conference, “Expert Witness or Advocate: How to Draw the Line” (March 26, 2004, Washington, DC).
  • Client CLE Conference, “A Roadmap to the IRS’s New Enforcement Initiatives” (November 13, 2003, London, England).
  • Client CLE Conference, “Hot Topics in IRS Practice, Procedure and Tax Litigation” (September 19, 2003, New York, NY).
  • ABA Section of Taxation, Standards of Tax Practice Committee, “What Remains of Section 7525?” (September 13, 2003, Chicago, IL).
  • ABA Section of Taxation, Tax Shelter Task Force, “Privilege Issues in Tax Shelter Cases” (September 12, 2003, Chicago, IL).
  • ABA Section of Taxation, Court Procedure and Practice Committee, “Litigating Accuracy-Related Penalties” (September 12, 2003, Chicago, IL).
  • BNA National Tax Conference, “The Post-Shelter Era: Resolving Disputes and Following the New Rules” (August 6, 2003, Washington, DC).
  • “The Advent of Cost-Shifting Arrangements in Electronic Discovery Disputes,” Journal of Tax Practice and Procedure (June-July 2003).
  • Tax Executives Institute, New York Chapter Annual Meeting, “Tax Department Risk Management and Ethical Considerations in the Post-Enron Environment” (December 18, 2002, New York, NY).
  • Insurance Tax Conference, “Tax Shelters” (November 7, 2002, Chicago, IL).
  • Institute of International Bankers, Annual Seminar on the U.S. Taxation of International Banks, “Ethics & Exposure Roundtable” (June 19, 2002, New York, NY).
  • Tax Executives Institute, New England Regional Meeting, “The Appeals Process in the Large and Mid-Sized Business Division of the IRS” (February 15, 2002, Boston, MA).
  • Tax Executives Institute, “The Rite Aid Case: A Prescription for Corporate Taxpayers?” (January 10, 2002, New York, NY).
  • “Counterpoint: The Proposed Revisions to Circular 230 Are Flawed,” ABA Section of Taxation Newsletter (Winter 2002).
  • “New Fast Track Dispute Resolution Pilot Programs Offer Opportunities for Taxpayers to Resolve Disputes at Exams More Efficiently,” Journal of Tax Practice & Procedure (December 2001/January 2002).
  • 36th Annual Bank Tax Institute, “Bank-Owned Life Insurance in Today’s Environment” (December 13-14, 2001, Orlando, FL).
  • ABA Section of Taxation Annual Meeting, Administrative Practice Committee, “Circular 230 Debate” (August 3, 2001, Chicago, IL).
  • ABA Section of Taxation May Meeting, Court Procedure and Practice Section, “A Demonstration and Discussion of Hyper-text Briefs” (May 11, 2001, Washington, DC).
  • Testimony before the Internal Revenue Service regarding the Proposed Amendments to Circular 230 (May 2, 2001, Washington, DC).
  • ABA Section of Taxation Midyear Meeting, Standards of Tax Practice Committee, “MDPs and Lawyers’ Ethics” (January 13, 2001, Scottsdale, AZ).
  • ABA Section of Taxation Midyear Meeting, Court Procedure and Practice Committee, “Using Videotaped Depositions – A Demonstration and Critique” (January 12, 2001, Scottsdale, AZ).
  • Tax Executives Institute, “IRS Practice Procedure: What’s Hot, What’s New” (November 16, 2000, Rye, NY).
  • Tax Executives Institute, “International Penalty Issues” (November 15, 2000, New York, NY).
  • Tax Executives Institute, “Tax Shelter Controversies – Developments and Strategies for Exams and Beyond” (October 18, 2000, New York, NY).
  • “Greetings From the Corporate Tax Shelter Front,” Journal of Tax Practice & Procedure (June-July 2000).
  • Tax Executives Institute, “Litigating COLI Cases After Winn-Dixie” (May 19, 2000, Morristown, NJ).
  • ABA Section of Taxation May Meeting, Court Procedure and Practice Committee, “Witness Preparation – The Dos and Don’ts” (May 12, 2000, Washington, DC).
  • ABA Section of Taxation May Meeting, Administrative Practice Committee, “The Tax Audit Process Under Modernization” (May 12, 2000, Washington, DC).
  • ABA Section of Taxation Midyear Meeting, Standards of Tax Practice Committee, “How Will the Restatement of the Law Governing Lawyers Affect Tax Practice?” (January 22, 2000, San Diego, CA).
  • “New Strategies for Litigating Corporate Tax Shelter Cases,” Journal of Tax Practice & Procedure (December 1999-January 2000).
  • “Recent Amendments to the Tax Court’s Rules of Practice and Procedure: A Response to the Court’s Expanded Jurisdiction” (with I.J. Sang), Journal of Tax Practice & Procedure (August-September 1999).
  • “Frederick Revisited,” Journal of Tax Practice & Procedure (August-September 1999).
  • “The Waxing and Waning of Privilege in the Federal Tax Context,” Journal of Tax Practice & Procedure (June-July 1999).
  • “The New Burden of Proof in the Federal Tax Courts,” Journal of Tax Practice & Procedure (April-May 1999).
  • National Teleconference, Equipment Leasing Association, “Strategies for Successfully Defending a Cross-Border Leasing Audit After Revenue Ruling 99-14” (May 24, 1999).
  • United States Tax Court 1999 Judicial Conference, “Privileges: What’s New? What’s Left?” (April 9, 1999, Williamsburg, VA).
  • ABA Tort and Insurance Practice Section, National Meeting, “Accountants’ Liability: Charting New Frontiers in the New Millennium” (March 18, 1999, New York, NY).
  • Tax Executives Institute, “Corporate Tax Shelters – An Explanation of What They Are, IRS Initiatives and Legislative Prospects” (March 16, 1999, New York, NY).
  • Testimony Before the ABA Commission on “Multidisciplinary Practice” (February 5, 1999, Los Angeles, CA).
  • ABA Section of Taxation Midyear Meeting, “The New Burden of Proof” (January 15, 1999, Orlando, FL).

Education

  • George Washington University Law School, 1989, LL.M. (Taxation)
  • George Washington University Law School, 1984, J.D.
  • State University of New York, Binghamton, 1981, B.A., Phi Beta Kappa, highest honors

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of Illinois
  • U.S. Tax Court