Stephen Josey

Representing an individual under criminal investigation by the U.S. Department of Justice; during the investigation, the government issued a subpoena to a law firm that had provided the client with both legal and accounting advice; both the individual and the firm challenged the subpoena, resulting in a multi-year attorney-client privilege dispute that ultimately led the Supreme Court of the United States to grant certiorari in In re Grand Jury (No. 21-1397)

(D. Idaho) – Defending a client in a tax-shelter promoter injunction action brought by the U.S. Department of Justice under IRC §§ 7402 and 7408 based on alleged business activities involving “monetized installment sales”

(D. Idaho) – Prosecuting a civil action for actual and punitive damages under IRC § 7431 based on the IRS’s unauthorized disclosure of the clients’ tax return information

(9^th Cir.) – Representing a client in the appeal of a Tax Court collateral order denying a motion to seal. The case raises novel questions regarding which party bears the burden of proving that an exception to IRC § 6103 permits the IRS to disclose a taxpayer’s return information—an issue of significant importance for taxpayer confidentiality

(5^th Cir.) – Authoring two amicus briefs on behalf of a high-net-worth client addressing when supervisory approval of penalties is considered timely under IRC § 6751(b)

(11^th Cir.) – Authoring an amicus brief on behalf of the American College of Tax Counsel addressing the application of the substantial variance doctrine in federal tax refund suits

(Tax Court) – Authoring an amicus brief on behalf of a client addressing whether a relevancy threshold applies to the economic substance doctrine, as clarified under IRC § 7701(o)

(Fed. Cl.) – Obtaining a favorable settlement for a finance executive in a refund action involving procedures for claiming foreign tax credits

(S.D.N.Y) – Obtaining a settlement for an estate executor in a suit by the United States Department of Justice to reduce estate taxes to judgment and to hold the executor personally liable under the federal insolvency statute

(Fed. Cir.) – As a government attorney, managing the appeal of Court of International Trade decision on the proper classification of a type of screw under the HTSUS

Providing pre-litigation analysis for a large corporation on a potential multi-billion-dollar excise tax refund claim

Advising investors on substantiating tax return positions related to contingent earnouts and issues related to qualified opportunity zone fund investments

(IRS Audit) – Representing executive under audit for tax issues stemming from business acquisitions including eligibility for the qualified small business stock exclusion

Representing high-net-worth individuals and public figures in sensitive tax collection matters and penalty abatement negotiations