Antoinette L.Ellison

Counsel

Atlanta + 1.404.581.8801

Antoinette Ellison represents taxpayers in all aspects of tax controversies and litigation with the Internal Revenue Service (IRS) and state and local taxing authorities. She regularly resolves tax examinations by the IRS and state and local jurisdictions as well as successfully represents taxpayers in administrative proceedings, including before the IRS Office of Appeals. Antoinette handles civil tax matters in trials in the United States Tax Court, United States district courts, and state courts and tax tribunals. She has experience advising clients on state and local tax issues related to corporate reorganizations.

Antoinette represents a broad range of taxpayers, including multinational corporations, limited liability companies, closely held businesses, and high net worth individuals. She has experience with matters involving corporate income, franchise, sales and use, gross receipts, payroll, and property taxes.

She is an active member of the American Bar Association Tax Section. In addition, she is a member of the State Bar of Georgia Tax Section and is a former chair. She previously served as a columnist for the Journal of Taxation, IRS Rulings column.

Antoinette strongly believes in civic engagement and is proud to serve as vice chair on the Special Olympics Georgia board of directors.

Experience

  • Experian acquires CIC PlusJones Day acted as privacy and data security counsel to Experian in the acquisition of CIC Plus, Inc. and its affiliate Tayvah, LLC, providers of Affordable Care Act compliance and related employer services.
  • Lowe's obtains Washington Supreme Court judgment allowing refund of taxes paid on defaulted PLCC credit salesJones Day successfully represented Lowe's Home Centers, LLC in the Washington Supreme Court in obtaining refunds of state sales and business and occupation taxes paid on credit sales to customers who used private label credit cards ("PLCCs") and later defaulted.
  • The following represents experience acquired prior to joining Jones Day.

    Represented fund-of-funds in a two-week trial in U.S. district court regarding the economic substance of the entities and multiple transactions and the imposition of accuracy-related penalties under Code section 6662. The court found that penalties did not apply.

    Represented hedge fund in U.S. Tax Court litigation. The IRS challenged the economic substance of investments and allocation of partnership income and deductions.

    Represented a large home building business in an IRS challenge of the current deductibility versus capitalization of certain expenses associated with the business under Code sections 162 and 263A.

    Defended a taxpayer in U.S. district court against the IRS' motion to compel transactional tax attorney's notes and related files. The IRS motion to compel was denied based on attorney-client privilege and work product protection.

    Represented large consolidated group of C corporations in U.S. Tax Court litigation addressing accumulated earnings, personal holding company status, medical reimbursement plan, repairs and maintenance versus capitalization issues, timing of deduction for disputed liabilities as accrual method taxpayer, and substantiation of expenses issues including net operating loss carryover (Code sections 162, 164, 168, and 172).

    Represented large manufacturing company in administrative appeal of the Washington State Department of Revenue's assessment of sales and use tax, interest, and penalties for alleged failure to comply with the requirements of a state tax incentive program.

    Successfully settled administrative appeal on behalf of privately held business of assessment issued by the North Carolina Department of Revenue involving the 1 percent privilege tax for manufacturing and processing machinery.

    Advised privately held company in gross receipts tax audit by the New Mexico Taxation and Revenue Department.

    Additional Publications

    Publications Prior to Jones Day

    February 28, 2014
    Tax Court Decision Underscores Captive Insurance Benefits, Law360

    Speaking Engagements

    • July 20, 2022
      Diversity in the Tax Bar: Recruiting and Retaining Diverse Lawyers in Tax Controversy, Law Firm Anti-Racism Alliance Tax System Working Group
    • June 29, 2022
      Supporting Diversity in SALT: Practical Tips for Navigating Uncertain Terrain, 2022 Institute for Professionals in Tax Annual Conference
    • June 26, 2022
      Hear it from the Experts: Industry Panel on the Nuances of State Income Tax Treatment, 2022 Institute for Professionals in Tax Annual Conference
    • October 19, 2021
      Once, Twice, Three Times the Taxation — The Continued Threat of False Claims Act Litigation, Council on State Taxation (COST) 52nd Annual Meeting
    • September 22, 2021
      CIC Services, LLC v. Internal Revenue Service: Opening the Floodgates to Pre-Enforcement Tax Litigation?, ABA Section of Taxation, 2021 Fall Tax Meeting
    • February 26, 2021
      Ethics and Professional Responsibilities for Lawyers and Others that Deal with Transactional Taxes, Council on State Taxation (COST) Sales and Transaction Tax Live Webinar
    • December 12, 2019
      The Trust Fund Recovery Penalty – from Investigation through Litigation, ABA Annual National Institute on Criminal Tax Fraud/Tax Controversy
    • November 5, 2019
      Uncommon Strategies for Dealing with the IRS Appeals Office from a Tax Litigator's Perspective, Celesq AttorneysEd Center
    • June 25, 2019
      A Practitioner's Viewpoint on Fairness and Efficiency in OICs and Installment Agreements, Federation of Tax Administrators, 2019 Annual Meeting
    • May 10, 2019
      Back to Basics: Life Cycle of an IRS Collections Action, ABA Section of Taxation, 2019 May Tax Meeting
    • January 28, 2019
      When Tax Plans Become Tax Gambling; The Risks of Not Planning for Litigation, Jones Day 2019 Atlanta CLE Academy
    • December 10, 2018
      Sales Taxation in the Post Wayfair World and Modernizing State Sales Tax after Wayfair, Council on State Taxation (COST) Southeast Regional State Tax Seminar
    • October 25, 2018
      State and Local Tax Issues for Health Care Organizations, AHLA - Tax Issues for Health Care Organizations
    • October 4, 2018
      Planning for Yesterday, Today and Tomorrow: Managing Current and Future Tax Controversy Issues in the Wake of Uncertainty
    • March 1, 2018
      International Tax Compliance: Navigating Implications of Cross-Border Activities, Strafford Publication
    • January 22, 2018
      The Odd Couple: What Companies Need to Know About IP & Tax Before Creating or Shifting IP Offshore, Jones Day CLE Academy
    • December 12, 2017
      Discussion of National State Tax Cases and Issues, Council on State Taxation (COST) Southeast Regional State Tax Seminar

    Speaking Engagements Prior to Jones Day

    March 20, 2015
    What Every Practitioner Should Know: Current Developments in IRS Tax Controversy and Litigation, Hispanic National Bar Association Tax Section

    February 18, 2015
    Managing Complex IRS Audits of Large- and Medium-Sized Business Taxpayers, Strafford Publications, Inc., webinar