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Experience:
Scott Stewart is a litigator and corporate advisor whose practice focuses primarily on federal tax issues and related questions. Scott represents taxpayers in contested tax matters at all levels of federal tax controversy, including audit, administrative appeals before the Internal Revenue Service, mediation involving the Appeals division of the IRS, and litigation before the United States Tax Court. He is experienced in all aspects of international transfer pricing, including planning cross-border movement of tangible and intangible property, advance pricing agreements, Section 6662 documentation, transfer pricing litigation, and issues related to section 936 Puerto Rico possessions corporations.
Scott also has substantive experience with matters such as deductibility of interest expense relating to debt-versus-equity characterization; taxation of insurance; reinsurance and annuity contracts; acquisition-related issues, including valuation of assets; and "sham transaction" and "economic substance" issues. He advises clients on tax treaty matters; competent authority issues; attorney-client and related privilege issues; civil and criminal tax penalties; and accounting for tax matters under FIN 48 of the Financial Accounting Standards Board.
Scott has been cited by Chambers USA (2006), which notes that he is ". . . recommended for his spot-on judgment and analysis, and his 'ability to anticipate issues before they arise.'" He has practiced with Mayer Brown since 1989.
Notable Engagements:
Saba Partnership, Brunswick Corporation, Tax Matters Partner, et al. v. Commissioner of Internal Revenue, 78 T.C.M. (CCH) 684 (1999), vacated by 273 F.3d 1135 (D.C. Cir. 2001), remanded to 85 T.C.M (CCH) 817 (2003) (challenge to investment partnerships as devoid of economic substance).
PNC Financial Services Group, Inc. v. Commissioner of Internal Revenue (formerly Riggs National Corp. v. Commissioner of Internal Revenue), 503 F.3d 119 (D.C. Cir. 2007), aff'g T.C. Memo. 2004-110, 87 T.C.M. (CCH) 1276 (2004) ("Riggs III"), on remand from 295 F.3d 16 (D.C. Cir. 2002), rev'g and remanding T. C. Memo. 2001-12, 81 T.C.M. (CCH) 1023 (2001) ("Riggs II"), on remand from 163 F.3d 1363 (D.C. Cir. 1999), rev'g and remanding 107 T.C. 301 (1996) ("Riggs I") (holding that official tax receipts of Brazilian government were entitled to evidentiary presumption).
United Parcel Service of America v. Commissioner of Internal Revenue, 254 F.3d 1014 (11th Cir. 2001), rev'g and remanding , T.C. Memo. 1999-268, 78 T.C.M. (CCH) 262 (1999) (vacating Tax Court's finding on sham, assignment of income and penalties).
Overseas Partners Ltd. v. Commissioner of Internal Revenue, T.C. Docket No. 15966-95 (engaged in business issues arising under I.R.C. §§ 882 and 842) (conceded by IRS).
Nestle Holdings, Inc. v. Commissioner of Internal Revenue, 70 T.C.M. (CCH) 682 (1995) (I.R.C. § 482 reallocations, Carnation acquisition).
National Semiconductor Corporation v. Commissioner of Internal Revenue, 67 T.C.M. (CCH) 2849 (1994), acq. in result, 1995-2 C.B. 1 (I.R.C. § 482 reallocations).
Seagate Technology, Inc. v. Commissioner of Internal Revenue, 102 T.C. 149 (1994) (I.R.C. § 482 reallocations).
Intel Corporation v. Commissioner of Internal Revenue, 100 T.C. 616 (1993), aff'd, 67 F.3d 1445 (9th Cir. 1995) (allocation of income partly from sources within a foreign country under Treas. Reg. § 1.863-3(b)(2)).
National Semiconductor Corporation v. Commissioner of Internal Revenue, 61 T.C.M. (CCH) 2005 (1991) (burden of proof in I.R.C. § 482 case).
Education:
Harvard Law School, JD, 1989, Cornell University, MBA, with distinction (accounting & finance), 1986, Creighton University, BS, cum laude, 1984. |
