The Law Offices of Matthew E. Foreman, P.C. was a boutique law practice that focused on tax issues businesses and individuals face. I advised clients on a broad range of tax issues to ensure that they understood the tax implications of their operations and transactions, complied with tax laws, reduced the risk of a tax audit, and improved efficiency by eliminating unnecessary structures.My work focused on the following:Business formation, registration, and incorporationEvaluation of entity structureThe use of stock and debt for the entity and its owners and creditorsDomestic businesses and individuals doing business in other countries, and foreign businesses and individuals doing business in the U.S.Acquisitions, spin-offs or split-ups, and sales of businessesMinimizing taxes by evaluating tax positions and the use of tax credits and incentivesState and local tax, focusing on sales & use and income & franchise tax issues, particularly post-WayfairTax audit support, controversy, and litigation

Represented taxpayers to the IRS and NYS Department of Taxation and Finance on a variety of tax controversy matters. Obtained a favorable Private Letter Ruling from the IRS for a client whose IRA was mistakenly rolled over into a non-qualifying account, resulting in the elimination of a tax due. Advised clients entering into installment agreements. Successfully assisted client in making an Offer in Compromise based on Effective Administration due to economic hardship, extinguishing tax debt.

Researched and drafted memoranda for Professor Steines's expert testimony on a variety of technical tax topics, including:Issues valuing U.S. taxes on foreign earnings permanently reinvested abroad, focusing on strategies for tax-free and low-tax repatriation, such as loans under IRC § 956.Issues surrounding the reporting and disclosure requirements under FATCA and the U.S.-Canada IGA on assessment, collection, and enforcement for U.S. persons.

Represented taxpayers to the Internal Revenue Service (IRS) and New York State Department of Taxation and Finance (DTF) on a variety of tax disputes, including correspondence audits, examinations, collection actions, and refund claims covering many different areas including the Earned Income Tax Credit (EITC), filing status, innocent spouse relief, tax preparer misconduct, and identity theft.Requested a Private Letter Ruling (PLR) from the IRS for a client whose IRA was mistakenly rolled over into a non-qualifying account, resulting in recognition of client’s life savings. Granted a favorable PLR (PLR 201441029), resulting in the elimination of a tax debt of approximately $50,000 (including interest and penalties). Advised clients in understanding and entering into installment agreements to extinguish tax liabilities.Successfully assisted client in making an Offer in Compromise (OIC) under § 7122 based on Effective Tax Administration under Treas. Reg. § 301.7122-1(b)(3), extinguishing a tax liability of approximately $10,000.Received Pro Bono Publico Award for outstanding service to The Legal Aid Society and its clients.

Drafted memoranda on federal, state, and local tax issues, such as the applicability of the “constructive completion” and “step-in-shoes” doctrines to the recognition of revenue under a long-term contract; Sales and Use tax agency and affiliate nexus analysis for online retailers; the applicability of state unitary filing requirements under the Joyce/Finnigan schema for corporations within an affiliated group; and the deductibility of Research and Development (R&D) costs before a company’s start-up date. Responded to Information Document Requests (IDR) and informal inquiries from the IRS and state tax agencies. Managed tax project documenting and quantifying various credits and incentives and the federal and state level, including R&D and Qualifying Emerging Technology credits.Performed comprehensive analyses of tax positions and potential audit risks for corporations, partnerships, and individuals. Prepared and reviewed tax returns for corporations and partnerships, including LLCs and S Corporations.Managed relationships with clients including media, pharmaceutical, and software development companies, and high-net-worth individuals.Wrote articles on emerging tax issues for EisnerAmper’s website, such as “CCA Affects Deduction for Domestic Production Activities.”Created and used Excel functions to perform calculations and organize data in multiple spreadsheets for financial schedules, including partnership allocations for complex partnerships and automated calculations of various credits and incentives. Analyzed large volumes of financial and business operations data such as Trial Balances, Balance Sheets, and Profit and Loss Statements.Significant State & Local Tax (SALT) experience, including experience with state apportionment methods, New York State and City statutory residency. Additional experience with Accounting for Income Taxes (ASC 740, formerly FAS 109) and Calculation and Disclosure of Reserves for Uncertain Tax Positions (FIN 48).

Researched and prepared analyses of new laws and regulations, such as expense allocation and apportionment rules under I.R.C. § 861 et seq., Treas. Reg. § 1.861-8 et seq., and Treas. Reg. § 1.199-4(d) to ensure accurate apportionment and allocation as well as consistency with the foreign tax credit; and whether domestically developed software embedded within hardware manufactured internationally qualifies as qualifying production property (QPP) under the safe harbor in Treas. Reg. § 1.199-3.Reviewed contracts to determine whether legal and regulatory requirements were met, including determining whether the client retained the benefits and burdens of ownership under a contract manufacturing arrangement for purposes of Treas. Reg. § 1.199-3(f)(1) and the I.R.C. § 199 Domestic Production Activity (DPA) deduction; and the retention of substantial rights and risks to the research performed under a cost-share agreement for purposes of Treas. Reg. § 1.41-2(e) and the I.R.C. § 41 R&D credit. Interacted with auditors and revenue agents from the IRS, and advised clients in pre-controversy, audit defense, and audit appeal activities at the federal and state level.Managed tax projects focusing on the R&D credit and DPA. Presented to upper-level management about credits and deductions.Supervised and trained staff on tax law, project management, and development of client relationships. Managed relationships with Fortune 1000 companies across industries, including automotive, chemical, and medical equipment manufacturers.Wrote in-depth reports for senior management on potential clients’ business operations using information from public websites and Form 10-Ks, primarily focusing on Business Results and Consolidated Financial Data to identify potential tax needs.

Drafted memorandum discussing whether a failing investment bank acquired constituted a “viable trade or business” under Treas. Reg. § 1.52-2(b)(1)(ii) in order to determine whether it was necessary to include prior year R&D expenses under § 41(f)(3)(A). Managed R&D credit projects for various Fortune 1000 clients and technology development start-ups across various industries, including financial services, life sciences, software development, and heavy equipment manufacturing. Reviewed work performed by CPAs, engineers, and other tax attorneys. Led discussions with engineers and technical personnel; drafted technical memoranda based upon the discussions to substantiate the R&D credit claims.Supervised, managed, and trained staff in offices throughout the United States and in India.

Performed research on various tax topics, including: President George W. Bush’s Proposals on Budget Cuts and Health Care in America (including research on Gov. Mitt Romney’s goal to bring near-universal health coverage to Massachusetts); Italian Regional Production Taxes (IRAP) taxes & Business Cash Flow, Italy & US Tax Treaty; New Zealand Tax Avoidance Legislation, focusing on: When the Commissioner is permitted to adjust the assessment of taxation, and Tax Mitigation versus Tax Avoidance.Edited publications for grammar and and checked the accuracy of citations.

Drafted summons, complaints, answers, bills of particular, motions for summary judgment, and briefs in support of motions for summary judgment. Prepared research memoranda on legal issues focusing on real property and estate planning.Performed accounting and inventory for estates; completed tax administration forms for both Federal and New York State.

Performed research on new and emerging topics and drafted memoranda on research tasks.

Prepared drafts of Administrative Law Decisions based upon hearings and pleadings.Researched and wrote reports regarding new and proposed law.