Some cases, such as those involving valuation of property, clearly require the use of an expert. In other cases, the value of expert testimony is less obvious. When should you consider using an expert, what is the role of expert testimony in a Tax Court case, what is the best way to present your expert’s opinion, and how can you most effectively attack the other party’s expert evidence? This panel discusses these and other issues to help you determine whether and how you should use an expert in your next tax controversy.
Identify issues related to the use of expert testimony in tax court cases.
Judge Foley was appointed to the United States Tax Court by President William J. Clinton on April 9, 1995; reappointed by President Barack Obama on November 25, 2011; and elected as Chief Judge for a 2-year term effective June 1, 2018. He received a bachelor of arts degree from Swarthmore College, a juris doctor from University of California, Berkeley School of Law, and a master of laws in taxation from Georgetown University Law Center. Before his appointment to the Tax Court, he was an attorney for the Legislation and Regulations Division of the Internal Revenue Service, Tax Counsel for the United States Senate Committee on Finance, and Deputy Tax Legislative Counsel in the United States Treasury's Office of Tax Policy. Judge Foley is an adjunct professor at American University Washington College of Law, the University of Colorado Law School, and the University of Baltimore School of Law.
Mr. Foster represents a broad range of clients, including large corporations, private equity firms and hedge funds, estates, exempt organizations and individuals, many of whom are subject to the IRS’ global high wealth initiative. His practice covers a diverse range of tax issues, including international tax, taxation of financial products, estate and gift taxes, proposed exempt status revocations, voluntary disclosures and criminal tax.
Brian Kittle is co-leader of Mayer Brown’s Tax Controversy & Transfer Pricing practice. Since joining the firm in 2006, Brian has represented clients in every facet of tax controversy and litigation—from IRS examinations and administrative appeals, through the litigation, trial and appellate review of highly complex tax controversies involving a broad range of international and domestic tax issues. His controversy experience also includes frequent use of IRS alternative dispute resolution tools, including Pre-filing and Advance Pricing Agreements.
Frank Agostino is the president of Agostino & Associates, P.C., a law firm in Hackensack, New Jersey specializing in civil and white-collar criminal litigation, tax controversies, and tax planning.
Before entering private practice, Mr. Agostino was an attorney with the Internal Revenue Service’s District Counsel in Springfield, Illinois, and Newark, New Jersey. He also served as a Special Assistant United States Attorney, where he prosecuted primarily criminal tax cases.
As an adjunct professor, Mr. Agostino taught tax controversy at Rutgers School of Law and served as the Rutgers Federal Tax Law Clinic’s co-director.
Mr. Agostino is a frequent speaker and author on tax controversy and litigation matters. He serves on the Advisory Board of the Journal of Tax Practice and Procedure. Mr. Agostino is actively involved with the American Bar Association and the New York County Lawyers’ Association.
Mr. Agostino is also the President of the Taxpayers Assistance Corp., which provides tax and legal advice to low-income taxpayers in the NY/NJ area.
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