Tax Controversy & Transfer Pricing

The Brattle Group has been retained by taxpayers and tax authorities worldwide to provide expert testimony and consulting services for the last 25 years.

Our principals and a broad network of academic and industry experts have testified and/or submitted expert reports in over one hundred tax matters, both in the U.S. and abroad. Our economic analyses and opinions are often cited extensively and favorably in landmark legal decisions.

Dozens of Fortune 500 companies and governments have retained us as consulting and testifying experts in tax disputes. Our clients include the tax controversy groups at leading law firms, taxing authorities, and corporations worldwide.

Brattle has assisted clients at all stages of tax disputes including audit, appeals, settlements, and trial. We supply financial and economic analyses applicable to key judicial doctrines, such as the economic substance, step transaction, and business purpose doctrines, and the arm’s-length principle. In addition, we assist our clients with tax planning, including advance pricing agreements analysis and documentation. We have also advised clients on tax policy issues that have been presented to the White House, the Joint Committee on Taxation, and various governmental agencies.

Our approach is to integrate with client teams and work closely throughout case development. We provide financial, economic, accounting, and industry expertise tailored to the needs of the case. We have extensive experience in hosting, managing, and working with large document sets and big data. Ultimately, we recognize that what matters most are clear communication, credibility, creativity, and responsiveness.

Areas of Expertise

Principals
Borucki 113
Principal
+1.617.864.7900
Ms. Borucki is a financial economist with experience providing advice and developing expert testimony on the application of corporate finance and economics in both litigation and strategic engagements. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Chodorow 075
Principal
Darrell Chodorow has more than 15 years of consulting experience in commercial damages, valuation, and tax matters. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Cohen photo search
Principal
+1.617.864.7900
Mr. Cohen specializes in financial modeling and valuation, with a focus on complex business litigation. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Cragg13
Principal & Chairman
(Boston) +1.617.234.5721
(Toronto) +1.416.360.4849
Dr. Cragg has extensive consulting, research, and expert witness experience in corporate finance, financial services, and valuation. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Adorialim40 new2
Principal
+1.415.217.1064
+1.415.350.3870
Ms. Adoria Lim is a Certified Public Accountant (CPA) with over 15 years of experience in accounting and finance at a Big 4 accounting firm, a Fortune 500 publicly-traded company, and top-tier and boutique consulting firms. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Myers 036
Principal
+1.617.864.7900
Professor Myers is one of the world’s leading authorities on the theory and practice of finance. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Oldfield 098 1
Principal
+1.202.955.5050
Dr. Oldfield is an expert in financial economics, including mortgage securitization, trading strategies, market making, corporate bond valuation, financial derivatives, and risk management. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Zhou 082
Principal
+1.617.864.7900
Dr. Zhou is a valuation, corporate finance, and accounting expert with more than 15 years of consulting experience. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Principal Emeritus
Kolbe 092
Principal Emeritus
+1.617.864.7900
Dr. Kolbe's work focuses on applied financial economics and his projects address risk, return, and regulatory policy for rate-regulated industries; tax disputes; and firm, security, or project valuation questions in a wide variety of settings. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Academic Advisors
Academic Advisor
Shannon Anderson is Professor of Management at University of California, Davis Graduate School of Management, where she teaches courses in management accounting and internal management controls. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Academic Advisor
Dr. Graham is a Professor of Finance at the Fuqua School of Business at Duke University. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Academic Advisor
Dr. Green is the Director of the University of Southern California Lusk Center for Real Estate. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Academic Advisor
Dr. Maydew is Chair of the Accounting Area, Director of Research at the UNC Tax Center, and the David E. Hoffman Term Professor of Accounting at the University of North Carolina. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Academic Advisor
Dr. Metcalf is a Professor of Economics at Tufts University and a Research Associate at both the National Bureau of Economic Research and MIT's Joint Program on the Science and Policy of Global Change. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Senior Associates
Aharonian 077
Senior Associate
(Toronto) +1.416.360.4852
(Boston) +1.617.864.7900
Dr. Aharonian has extensive consulting and research experience with financial issues involving securities pricing, business valuation, risk management, capital markets, and corporate finance. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Defonseka 041
Senior Associate
+1.617.864.7900
Jehan deFonseka specializes in leading teams in complex business litigation. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Hutchings 063 pp
Senior Associate
+1.416.360.4849
Mr. David Hutchings specializes in the economic analysis of complex business transactions. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Polek 083
Senior Associate
+1.617.864.7900
Dr. Christine Polek has over ten years of professional experience in the expert witness consulting industry. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Report
March 13, 2017
Michael I. Cragg, Jehan deFonseka, Lawrence Powell, and Bin Zhou
Published in Tax Notes, Volume 154, Number 11

This report finds that newly-proposed tax legislation aiming to defer the recognition of affiliated offshore reinsurance for U.S. tax purposes will negatively impact businesses and consumers in the United States.

Report
February 27, 2017
Michael I. Cragg, Jehan deFonseka, Bin Zhou, and Lawrence Powell

This is an excerpt from the report titled “The Impact of Offshore Affiliate Reinsurance Tax Proposals on the U.S. Insurance Market,” originally published on January 23, 2017. This excerpt is focused the economic impact of the border adjustment provision contained in the Republican’s Blueprint tax reform proposal.

Article
February 22, 2017
Published in Bloomberg Government

Elaine Buckberg poses some critical questions to help assess whether the Trump tax credits will leave a legacy of economically important projects or subsidize private investments with little public benefit.

Report
January 23, 2017

This report finds that newly-proposed tax legislation aiming to defer the recognition of affiliated offshore reinsurance for U.S. tax purposes will negatively impact businesses and consumers in the United States.

Report
December 16, 2016

The whitepaper finds that the U.S. House of Representatives’ Tax Reform Task Force Blueprint (the Blueprint) would lead to an increase in the domestic price of crude oil.

Article
The Interaction of Managerial and Tax Transfer Pricing
January 21, 2016
Published in Bloomberg BNA Tax Management Transfer Pricing Report

The authors examine the differences between transfer prices used for tax and for management purposes, emphasizing the need to explain the differences to tax authorities who may question the company’s motives.

Article
A Theory of Risk Capital
December 2015
Published in the December 2015 issue of Journal of Financial Economics
Article
An Economic Framework for Identifying the Tested Party
November 30, 2015
Published in Tax Notes
Article
Corporate Inversion Transactions: Valuation Considerations
August 3, 2015
Evan Cohen, Michael I. Cragg, Jehan deFonseka, and Ryan Tholanikunnel
Published in Tax Notes
Article
The Implications of Transfer Pricing in Bankruptcy
May 29, 2015
Bin Zhou and Steven D. Felgran
Published in Bloomberg BNA
Article
Inequities in Tax Policy
May 4, 2015
Published in the Huffington Post
Article
An Economic Evaluation of 'Funding' for Research Tax Credits
September 29, 2014
Published in Tax Notes
Presentation
Super-Normal Profits, Intangibles, and Tax Policy: The Role of Economics
August 1, 2013
Presented at the National Association for Business Economics (NABE) Transfer Pricing Symposium, Arlington, VA
Report
Real Options, Taxes and Financial Leverage
June 2012
Published by National Bureau of Economic Research, Working Paper No. 18148