Frank Jackson has represented clients in all aspects of tax controversies and investigations involving the IRS and the DOJ, as well as state and local tax jurisdictions throughout the U.S., for almost 20 years. His practice focuses on every stage of a civil federal tax controversy, including tax audits, administrative appeals, and tax litigation, and criminal tax defense.
Frank represents all types of taxpayers, including multinational corporations, financial institutions, hedge funds, professional services firms, closely held businesses, estates, and high net worth individuals in tax disputes or trials before the U.S. Tax Court and U.S. District Court. In addition, he successfully resolves issues, when best for his clients, without the need for litigation. Where tax liabilities have been assessed but unpaid, Frank represents clients before the IRS Collection Division in negotiating installment agreements, offers in compromise, and in resolving lien priority and levy disputes. He previously served as a trial attorney with the IRS, where he represented the IRS in the U.S. Tax Court and provided legal advice to revenue agents and officers in various matters.
Frank also has significant experience advising investment advisors and funds under IRS examination. He advises U.S. taxpayers in becoming compliant with U.S. and state tax laws through voluntary disclosure initiatives relating to previously undisclosed foreign financial accounts, sensitive issue civil tax examinations where substantial civil penalty issues or possible assertions of fraudulent conduct may arise, and in defending criminal tax fraud investigations. An active member of the American Bar Association's Taxation Section, Frank speaks regularly at tax law conferences and has written about tax issues.
Taxpayer obtains full concession from IRS of its characterization of $50 million in proceeds as long-term capital gain
On behalf of a taxpayer, Jones Day obtained full concession from the IRS in a U.S. Tax Court matter affirming the client's position that $50 million in proceeds from litigation funding was properly characterized as long-term capital gain.
The following represents experience acquired prior to joining Jones Day.
Represented and lead trial counsel in U.S. Tax Court case involving large multinational hedge fund advisory firm to determine whether the fund was "engaged in a U.S. trade or business" and was ECI (effectively connected income) as result of its investment activities and whether the fund was subject to withholding under IRS section 1446.
Represented a multinational corporation during the IRS examination and administrative appeal with respect to the characterization and valuation of intangible assets under IRC section 936 as result of a corporate reorganization and deemed liquidation of the taxpayer into its foreign parent.
Represented large estate in complex U.S. Tax Court case involving the valuation of an estate comprised of original works of art and the calculation of the appropriate blockage discount.
Represented a large national accounting firm in a federal grand jury investigation and promoter penalty audit relating to the development, marketing, and reporting of tax shelter transactions; assisted in negotiating a Deferred Prosecution Agreement and an IRS Closing Agreement to resolve both; and assisted in the creation of the company's ongoing compliance and ethics plan.
Represented a for-profit college and negotiated favorable settlement with IRS of government's disallowance of the client's claimed research and development credits, change in income tax accounting method, and treatment of deferred income.
Favorably resolved promoter penalty audits, transferee liability assessments, and criminal tax investigations for a corporate client and its more than 60 subsidiaries that had engaged in, and promoted, "Midco" transactions, whereby gain on the sale of assets was sheltered by the sale of loss assets contributed to a corporation.
Represented employers in worker classification issues and participation in IRS Voluntary Classification Settlement Program.
Obtained favorable settlement in U.S. Tax Court matter involving transferee liability.
Represented to CEO of large retailer is dispute with IRS regarding disallowance of passive activity losses and validity of a variable prepaid forward contract.
Represented vineyard in IRS examination of client's use of a split-dollar life insurance arrangement and participation in an employer welfare benefit plan.
Successfully litigated complex estate deficiency in U.S. Tax Court involving the disallowance of certain estate deductions and administrative expenses.
The Four Acts of an IRS Controversy : Act III: The "New" IRS Appeals Process and IRS Alternative Dispute Resolution Techniques in the Aftermath of the Taxpayer First Act of 2019
- 2018Chapter 1, Effectively Representing Your Client Before the IRS : A Practical Manual for the Tax Practitioner with Sample Correspondence and Forms, coauthor, Structure of the IRS, Getting Help from the Taxpayer Advocate Service and Summary of Taxpayer's Rights, Seventh Edition
Publications Prior to Jones Day
Structure of the IRS, Getting Help from the Taxpayer Advocate Service and Summary of Taxpayer's Rights, coauthor, Chapter 1 in Effectively Representing Your Client Before the IRS: A Practical Manual for the Tax Practitioner with Sample Correspondence and Forms
- May 15, 2018Ethical Considerations for In-House Tax Professionals, Tax Executive Institute
- December 7, 2017Civil Enforcement Priorities, moderator, ABA Seventh Annual National Institute of Tax Controversy
- December 7, 2017Partnership Audits: What Litigators Need to Consider Now, speaker, ABA Seventh Annual National Institute of Tax Controversy
Speaking Engagements Prior to Jones Day
June 16, 2017
Developing A Robust Reasonable Cause Defense, panelist, NYU School of Professional Studies 9th Annual Tax Controversy Forum
New York, New York
December 8, 2016
Speaker, "The New Partnership Audit Rule," ABA Sixth Annual National Institute on Tax Controversy
Las Vegas, Nevada
December 9, 2015
Civil Tax Workshop, panelist, ABA Fifth Annual National Institute on Tax Controversy
Las Vegas, Nevada
May 7, 2015
On the Road Toward Diversity and Inclusion in the Tax Profession, panelist, ABA Section of Taxation
December 12, 2014
Where Did the Money Go, and How Will the Government Find It?, panelist, ABA Fourth Annual National Institute on Tax Controversy
Las Vegas, Nevada
April 25, 2013
Anatomy of an International Controversy, speaker, Southeast Michigan Chapter, Tax Executives Institute
April 18, 2008
"IRS Audits & Appeals" and "Litigating a Federal Tax Controversy," speaker, Los Angeles Chapter, Tax Executives Institute
- New York University (LL.M. in Taxation 2000); New England School of Law (J.D. cum laude 1997; New England Law Review; Amos L. Taylor Award for Excellence in Scholarship); University of Tennessee (B.A. 1992)
- New York, Massachusetts, Tennessee, U.S. Tax Court, and U.S. District Court for the District of Massachusetts
- Trial Attorney and National Tax Shelter Project Attorney, IRS, Office of Chief Counsel, Manhattan (2001-2006)
Fellow, American College of Tax Counsel
Vice-Chair, Committee on Tax Practice Management, ABA Section of Taxation
Received IRS Division Counsel Cube Award for successfully litigating Tax Court case involving the alternative minimum tax (2004)