Overview
Edward L. Froelich represents domestic and foreign public corporations, privately held companies, partnerships, trusts and individuals across the spectrum of federal tax controversies, including audits, trials and appeals. Ed’s clients include businesses, business owners and investors with operations and interests in the financial services, technology, real estate, healthcare and other industries.
A former trial attorney for the Tax Division of the US Department of Justice, Ed draws on his Justice experience to provide effective advocacy in Internal Revenue Service examination and appeals and in litigation before federal courts. Among other issues, Ed has successfully represented clients in disputes involving transfer pricing, worthless stock deductions, cross-border transactions, tax credits, income tax accounting, insurance, employment tax, accounting method issues and a variety of penalty assessments.
Ed also advises concerning privilege and work product questions and reporting obligations, including the obligation to file information returns such as those relating to the Form 1099 series, Form 1098, FinCEN 114, FATCA and employment taxes.
Ed is the author of the United States chapters of The Tax Disputes and Litigation Review and The Transfer Pricing Review, published by Law Business Research. He is a co-author of BNA’s Privilege in Tax and Accounting Matters (T.M. 635) and The Section 7525 Tax Practitioner-Taxpayer Privilege and Related Issues (Accounting Policy and Practice Series No. 5511).
After earning his law degree, Ed served as a law clerk for the Honorable John P. Wiese of the US Court of Federal Claims.
Results
- Persuaded the IRS to withdraw a Notice of Proposed Adjustment asserting section 482 adjustments in excess of $200M against a large tech company and accept the taxpayer’s valuation*
- Successfully resolved an audit involving a $4B worthless stock deduction*
- Won key discovery motion in $150M US Court of Federal Claims tax refund action which led to a mediated settlement and substantial refund*
- Persuaded the IRS Appeals Office to concede a $300M proposed 482 adjustment against a major media company*
- Persuaded IRS Exam management to drop novel assessment of the section 6672 trust fund penalty against individuals who managed an entity which invested in the delinquent taxpayer*
- Persuaded IRS Collections to drop a $10M penalty for delinquent Form 3520 foreign trust filings*
*Matter handled prior to joining McDermott
Recognitions
- The Legal 500 US, US Taxes: Contentious, Rising Star 2022
- Chambers USA, Tax: Controversy in the USA, Nationwide (Band 4) 2020
Community
- American College of Tax Counsel, Fellow
Credentials
Education
Georgetown University Law Center, LLM, 1999
University of Virginia School of Law, JD, 1994
Catholic University of America, MA, 1991
Thomas Aquinas College, BA, 1988
Admissions
District of Columbia
Maryland
Courts / Agencies
US Court of Federal Claims
