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Kevin Johnson has worked in the tax controversy area for over 20 years.  Early in his career, he joined the IRS as a Revenue Agent and also worked in IRS Appeals.  As a result of his experience with the IRS, Mr. Johnson brings a unique perspective and an insider’s understanding of IRS practice and procedure to his tax controversy practice.

Mr. Johnson has handled tax controversies at the audit and administrative appeals levels before the IRS, and in litigation before the U.S. Tax Court, Federal District Courts, the U.S. Federal Court of Claims and various Federal Courts of Appeals.

Significant Matters

• Settled a multi-year appeal for a Fortune 100 manufacturer involving research credits, research and development expenses, foreign tax credits and capitalization issues.  Favorable resolution included changing a proposed tax deficiency in excess of $100 million to a net multi-million dollar refund for the client.
• Successfully represented an accounting firm in an E-file compliance audit.  In addition to proposing substantial preparer penalties, the IRS proposed to suspend the accounting firm from the E-file Program for one or more years due to compliance issues.  A suspension from the E-filing program would have had a devastating impact on the accounting firm’s tax return preparation business and its professional reputation. Negotiated a settlement that substantially reduced the penalties and convinced the IRS not to suspend the accounting firm from the E-file program.
• Member of trial team in Black & Decker Corp. v. United States, 340 F. Supp. 2d 621 (D. Md. 2004), aff'd in part, rev'd in part and remanded, 436 F.3d 431 (4th Cir. 2006).
• Member of trial team in Kohler Co. v. United States, 468 F.3d 1032 (7th Cir. 2006), aff'g. 387 F. Supp. 2d 921 (E.D. Wis. 2005), where taxpayer obtained Seventh Circuit decision affirming summary judgment in favor of taxpayer's claim that participation in Mexican debt-equity swap did not produce short-term capital gain.
• Trial team member in VF Corp. v. Commissioner, No. 23340-95 (U.S. Tax Court, filed Nov. 9, 1995), where taxpayer obtained full IRS concession in Tax Court case involving the question of whether taxpayer could accrue and deduct costs for cooperative advertising with its retailers before claims were submitted and payments were made.

Seminars & Presentations

• "Current Developments in Tax Administrative Practice,” Sept. 2006, ABA Tax Section Meeting
  
• "Current Developments in Tax Administrative Practice,” May 2007, ABA Tax Section Meeting
• "When to Hold Them and Fold Them:  Protecting Tax Accrual Workpapers and Tax Opinions from the IRS; Disclosing Tax Opinions for Penalty Protection" May 2008, Pennsylvania Bar Institute

News

• Black & Decker Contingent Liability Tax Refund Case Settles
  December 14, 2007
• US Legal 500 Ranks Chamberlain Hrdlicka Among Top Tier in Tax Litigation
  June 2007
• Chamberlain, Hrdlicka to Open Philadelphia Office
  January 23, 2007
• Wall Street Journal Notes New Chamberlain Hrdlicka Partners
  January 23, 2007

Professional Affiliations

• Co-Chair Current Developments Sub-committee, ABA Tax Section —Administrative Practice Committee
• Member, Philadelphia Bar Association Tax Section