Mark P. Thomas, PC, advises clients on all aspects of taxation, including complex civil tax controversies and litigation, transfer pricing, and domestic and international tax planning issues.
Mark has extensive transfer pricing planning, compliance, and dispute resolution experience in a broad array of industries that include manufacturing, pharma, entertainment and technology, retail and distribution, food and beverage, and financial services. He also has significant experience in structuring advance pricing agreements on a global basis. A substantial portion of Mark’s practice is devoted to handling the myriad valuation issues associated with mergers, acquisitions, divestitures and other transfers that often have significant tax and transfer pricing implications.
On the controversy side, Mark has extensive experience in resolving a broad spectrum of domestic and international tax matters at all stages of a dispute, including US Internal Revenue Service (IRS) examinations, administrative appeals and litigation. Where appropriate, he has utilized collaborative dispute resolution tools such as advance pricing and pre-filing agreements, and the Compliance Assurance Program Process. He has significant experience engaging with foreign tax authorities as well as a deep understanding of Organization for Economic Co-operation and Development (OECD) principles. The vast majority of Mark’s cases are resolved administratively and without becoming public.
Currently representing numerous multinational companies in connection with transfer pricing examinations focusing on sourcing activities
Currently representing high profile taxpayers in Tax Court in connection with IRS efforts to convert capital gain from the sale of an investment management company into more than $250 million of ordinary income
Currently representing multinational company in connection with IRS attempts to reclassify billions of debt as equity
Represented multinational company in connection with the valuation of intangibles under Code section 367(d)
Advised a large multinational company with operations in more than 75 countries on a transfer pricing examination in which the IRS initially proposed more than US$200 million in adjustments; the IRS agreed to accept the taxpayer’s transfer pricing methodology and made no adjustments
Advised a foreign currency exchange and information company in an IRS transfer pricing examination
Advised a foreign bank regarding transfer pricing and US trade or business (USTB) issues with respect to its US operations
Courts / Agencies
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the District of Idaho
US District Court for the Eastern District of Texas
US District Court for the Northern District of Texas
US District Court for the Southern District of Texas
US District Court for the Western District of Texas
US Court of Federal Claims
US Tax Court
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