Michael J.Scarduzio

Associate

New York + 1.212.326.3638

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Michael Scarduzio focuses his practice on federal and state and local tax (SALT) controversies, tax litigation, and criminal tax matters. He has represented taxpayers at all phases of a tax controversy, from audit through litigation, including novel issues of first impression such as the U.S. tax implications of a foreign master-feeder fund's investment activities and issues arising under I.R.C. § 7212(a).

Michael has substantive experience handling a variety of complex tax issues, including partnership audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Bipartisan Budget Act of 2015 (BBA), reportable transactions, transfer pricing, debt-equity classifications, foreign tax credits, and excise tax on reinsurers.

Michael has written and spoken on tax-related subjects. He is a member of the American Bar Association (Tax Section) and the New York City Bar Association (Personal Income Tax Committee). He also is a volunteer with the New York County Lawyers' Association Tax Court Calendar Pro Bono Program.

Experience

  • Not-for-profit organization is granted retroactive reinstatement of its tax-exempt statusJones Day successfully obtained retroactive reinstatement of a global not-for-profit organization's Federal tax-exempt status as well as abatement of all related penalties, avoiding more than $20 million in tax, penalties, and interest.
  • Multinational company achieves successful resolution of New York sales tax examinationJones Day successfully negotiated the resolution of a New York sales tax examination on behalf of a multinational company, and its subsidiary and executives, as purported responsible persons.
  • alliantgroup LP obtains dismissal of Universities' RICO claimsOn behalf of alliantgroup LP, Jones Day obtained the dismissal of all claims brought in the second amended complaint in The University of Texas System, et. al. v. alliantgroup LP, et. al., No. 4:17-cv-02588 (S.D. Texas).
  • Taxpayer obtains full concession from IRS of its characterization of $50 million in proceeds as long-term capital gainOn 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.
  • Fortune 100 multinational corporation restructures its global tax departmentJones Day advised a Fortune 100 multinational corporation in restructuring its global tax department to optimize compliance with domestic and global reporting requirements and maintain confidentiality for sensitive, privileged materials.
  • Taxpayer obtains favorable resolution of criminal investigationJones Day obtained favorable resolution for taxpayer regarding criminal investigation into New York City unincorporated business tax.

    • The following represents experience acquired prior to joining Jones Day.

    Tax Controversy and Tax Litigation

    Successfully quashed a series of summonses served on U.S. financial institutions pursuant to the United States-Russian tax treaty and at the request of the Russian Federation.

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    April 2022 Alert

    IRS Targeting Noncompliant Qualified Opportunity Funds and Their Investors

    September 2020 Commentary

    Presidential Memorandum and IRS Notice 2020-65 Defer Employee Payroll Taxes

    July 2020 Alert

    IRS Increases Enforcement Efforts on Large Businesses

    Summer 2020 External Publications

    Tax Controversy May Arise for Those Claiming Relief Under the FFCRA and CARES Act, Journal of Tax Practice & Procedure

    May 2019 Alert

    IRS Summons for Law Firm Client Data Is Enforceable

    May 2019 Alert

    Taxpayers Cannot Sue Out-of-State Taxing Authorities in Local Courts

    September 2018 Alert

    First Conviction in the United States for FATCA Violations

    September 2018 External Publications

    The U.S. Addresses its Role as a Tax Haven

    March 2018 Alert

    U.S. Supreme Court: Government Went Too Far in Tax Obstruction Prosecution

    March 2018 Alert

    IRS Announces End of Offshore Voluntary Disclosure Program
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    Additional Publications

    Publications Prior to Jones Day

    August-September 2017
    Key Provisions of the Proposed Partnership Audit Regulations, coauthor, Journal of Tax Practice & Procedure

    September-October 2016
    Turning the Tide: The US Addresses Its Role as a Tax Haven, coauthor, The Champion

    February-March 2016
    The Repeal of the TEFRA Audit Regime and the Shift from an Aggregate to an Entity-Level Approach to Partnership Taxation, coauthor, Journal of Tax Practice & Procedure

    Speaking Engagements

    • September 22, 2021
      Administrative Practice and Court Procedure & Practice Joint Session: Current Developments, co-moderator
    • May 17, 2021
      Important Developments, moderator, 2021 ABA Tax Section Administrative Practice Committee
    • September 26, 2019
      The Role of Hardship in Tax and Tax Controversies
    • October 20, 2017
      Conflicts for Tax Professionals, New York County Lawyers’ Association

    Speaking Engagements Prior to Jones Day

    May 2017
    Tax Court 101: The Battle of the Experts, panelist, ABA Section of Taxation Meeting

    June 2016
    Ethics for the Tax Professional, panelist New York County Lawyers’ Association

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