Media Mentions
2008
Robin Greenhouse was quoted in the August 11 issue of Tax Analysts on the recent district court ruling that requires a company to release to the government documents it claimed were subject to nondisclosure by the tax practitioner privilege. "I've been concerned about the scope of the tax practitioner privilege for some time and in particular the legal implications of a ruling in a summons enforcement case that the transaction at issue is a tax shelter for purposes of the tax shelter exception under section 7525," Ms. Greenhouse said.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was mentioned in the August 7 issue of the Daily Tax Report for being part of the team representing Wal-Mart Stores, Inc. The North Carolina Court of Appeals ordered in camera review of tax documents related to consulting services Ernst & Young provided to assist Wal-Mart Stores, Inc. in implementing tax shelters to see if any of the materials is protected from a DOR summons.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the July 28 issue of The National Law Journal on how the attorney work-product fight is now taking shape in the federal courts, most recently in the Textron and Regions cases. Ms. Greenhouse commented that the work-product controversy may be "something of a perfect storm," triggered by post-Enron demands for greater financial disclosures.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 22 issue of CCH Federal Tax Weekly on Regions Financial Corp. et al. v. United States. Ms. Greenhouse explained that both Regions and Textron (a much-heralded IRS loss on privilege that is now on appeal in the First Circuit) found that it would be unfair for the government to obtain these documents. "It's not helping the IRS develop the facts or develop issues. It's really just telling the IRS--This is how the taxpayer values the case." Ms. Greenhouse further pointed out that the government would be just as adamant about protecting its own work product documents as well.
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 15 issue of CCH Federal Tax Weekly on Regions Financial Corp. et al. v. United States. Ms. Greenhouse pointed put that, while application of the work product doctrine in Textron and Regions was the same, the facts were slightly different in what the IRS was seeking from the taxpayer. Ms. Greenhouse stated, "In Textron, they were looking more at the actual workpapers themselves...items indicating the percentage of likelihood of success...this is looking at the actual tax opinion that was prepared ... Regions is really looking at the opinion; Textron is looking at: Now what do they do based on their legal opinions?"
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was quoted in the May 13 issue of Tax Notes on Regions Financial Corp. et al. v. United States. Ms. Greenhouse said the opinion was important, "Because it provides work product protection for a tax opinion that is prepared to evaluate the litigation risk of a particular transaction, even if it is understood at the time of preparation that such opinion will likely be disclosed to the independent auditor."
Robin L. Greenhouse, Tax, Tax Controversy
Robin Greenhouse was referenced in the January issue of The Tax Adviser about FIN 48 compliance. "Effective tax rate reconciliation workpapers, whether created by the taxpayer or the auditor, are part of the tax accrual workpapers" and are thus subject to restraint, Ms. Greenhouse was cited.
Robin L. Greenhouse, Tax, Tax Controversy
2007
Robin Greenhouse was quoted in an August 31 article published by Tax Analysts regarding the district court decision in United States v. Textron. The district court refused to enforce an IRS summons for the tax accrual workpapers of Textron Inc. and its subsidiaries, finding that the workpapers are protected by the work product privilege and that Textron didn’t waive that privilege by disclosing the documents to Ernst & Young, its independent auditor. Ms. Greenhouse said Textron was correctly decided and a significant win for taxpayers. “The long and the short of it is an issue of fairness. The court may have been influenced by fairness. That’s what really shows up on the last two pages of the opinion,” stated Ms. Greenhouse.
Robin L. Greenhouse, Tax, Tax Controversy
McDermott client Murphy Oil Corporation was profiled in The Washington Post on January 31 for its contribution to the El Dorado Promise foundation, a scholarship program for El Dorado, Arkansas public school students. The foundation was established with the assistance of Robert Louthian and Robin Greenhouse. Murphy Oil contacted Ms. Greenhouse for assistance, and Mr. Louthian was instrumental in establishing the foundation and is currently in the process of obtaining a tax-exemption for the foundation.
Robin L. Greenhouse, Robert C. Louthian III, Health, Tax Exemption
2006
Robin Greenhouse was quoted in the August 28 issue of Tax Notes about the Sixth Court reversing a district court order that compelled a company to provide documents to the IRS, remanding the case to the district court to grant the company's motion to quash the IRS summons because the documents sought are protected by work product privilege. "The Roxworthy opinion is important because it means another circuit has joined the majority view that work product protects documents prepared 'because of' anticipation of litigation," Ms. Greenhouse said.
2004
Robin Greenhouse was quoted in the July 19 issue of Tax Analysts in an article regarding IRS agents asking for attorneys' opinions associated with reportable transactions. She explained that with tax lawyers in the middle of the various forces pressing for opinions, they need to tell clients to "push back" on workpaper requests.
