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Experience:
William Schmalzl focuses on tax litigation, corporate tax planning and state tax advice. He represents clients in all stages of tax litigation including administrative proceedings, United States Tax Court, federal district court and courts of appeals and Illinois state courts. The issues he has litigated include I.R.C. § 482, the investment tax credit, research tax credit, sale-leasebacks, foreign tax credits, franchises, patents and other intangibles.
William represents corporations in mergers and acquisitions, using both tax free reorganizations and taxable purchases, as well as in corporate restructurings, including holding company formations, stock redemptions and spinoffs of subsidiaries. He also advises clients regarding state income and sales and use tax issues.
Prior to joining Mayer Brown, William served as a Clerk to the Honorable Robert A. Ainsworth, Jr., of the 5th Circuit Court of Appeals (1977-1978).
Notable Engagements:
Represented a client in a matter involving a Lease-in-lease-out (LILO) transaction involving Dutch power facility (Consolidated Edison Company of New York, Inc. & Subsidiaries v. The United States, U.S. Court of Federal Claims, Docket No. 06-305T (tried October-November 2007).
Represented a client in a matter involving the vacating the Tax Court’s finding on sham, assignment of income and penalties (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)).
Represented a client in a matter involving the deductibility of package design costs and the characterization of income from foreign expropriation under I.R.C. § 1231 (RJR Nabisco, Inc. v. Commissioner of Internal Revenue, 76 T.C.M. (CCH) 71 (1998)).
Represented a client engaged in business issues arising under I.R.C. §§ 882 and 842; conceded by IRS (Overseas Partners Ltd. v. Commissioner of Internal Revenue, T.C. Docket No. 15966-95).
Represented a client in a matter involving a debt-equity swap, asbestos removal expense, and lease portfolio valuation (Norwest Corporation and Subsidiaries v. Commissioner of Internal Revenue, 108 T.C. 358 (1997)).
Represented a client in a matter involving the amortization of trademarks pursuant to I.R.C. § 1253 (Nabisco Brands, Inc. (RJR) v. Commissioner of Internal Revenue, 69 T.C.M. (CCH) 2230 (1995)).
Represented clients in matters involving I.R.C. § 482 reallocations (National Semiconductor Corporation v. Commissioner of Internal Revenue, 67 T.C.M. (CCH) 2849 (1994), acq. in result, 1995-2 C.B. 1; also in Seagate Technology, Inc. v. Commissioner of Internal Revenue, 102 T.C. 149 (1994).
Represented a client in a matter involving the allocation of income partly from sources within a foreign country under Treas. Reg. § 1.863-3(b)(2) (Intel Corporation v. Commissioner of Internal Revenue, 100 T.C. 616 (1993), aff’d, 67 F.3d 1445 (9th Cir. 1995)).
Represented a client in a matter involving the allocation of income between foreign parent corporation and U.S. subsidiary (Westreco, Inc. (Nestlé) v. Commissioner of Internal Revenue, 64 T.C.M. (CCH) 849 (1992)).
Represented a client in a matter involving the burden of proof in an I.R.C. § 482 case (National Semiconductor Corporation v. Commissioner of Internal Revenue, 61 T.C.M. (CCH) 2005 (1991)).
Represented a client in a matter in which the appeal was dismissed and a writ of mandamus was denied (Westreco, Inc. (Nestlé) v. Commissioner of Internal Revenue, 923 F.2d 855 (6th Cir. 1991)).
Represented a client in a matter involving a protective order restricting IRS use of summons in the Tax Court (Westreco, Inc. (Nestlé) v. Commissioner of Internal Revenue, 60 T.C.M. (CCH) 824 (1990)).
Represented a client in a matter involving the calculation of the amount in receipt of preferred stock for property (Nestlé Holdings, Inc. v. Commissioner of Internal Revenue, 94 T.C. 803 (1990)).
Represented a client in a matter involving the application of I.R.C. § 1253 to cable television franchises (Tele-Communications, Inc. v. Commissioner of Internal Revenue, 95 T.C. 495 (1990)).
Represented a client in a matter involving the method of accounting and investment tax credit (Illinois Power Co. v. Commissioner of Internal Revenue, 792 F.2d 683 (7th Cir. 1986)).
Represented a client in a matter involving the sale and leaseback of nuclear fuel (Illinois Power Co. v. Commissioner of Internal Revenue, 87 T.C. 1417 (1986)).
Represented a client in a matter involving the method of accounting and investment tax credit (Illinois Power Co. v. Commissioner of Internal Revenue, 83 T.C. 842 (1984)).
Represented a client in a matter involving the taxation of variable annuity (Christoffersen v. United States, 578 F. Supp. 398 (N.D. Iowa 1984), rev’d, 749 F.2d 513 (8th Cir. 1984)).
Represented a client in a matter involving the capitalization of publishing costs (Encyclopaedia Britannica, Inc. v. Commissioner of Internal Revenue, 685 F.2d 212 (7th Cir. 1982)).
Authored an amicus brief on behalf of Deere & Company and Reynolds Metals Company (Searle Pharmaceuticals, Inc. v. Illinois Dept. of Rev., 117 Ill. 2d 454 (1987)).
Education:
Harvard Law School, JD, magna cum laude, 1977; Articles Editor, Law Review, University of Pittsburgh, BA, summa cum laude, 1974. |
