Complex transactions with associated tax benefits are often challenged under key judicial doctrines such as the economic substance, step transaction, and business purpose doctrines. Brattle has been retained by both tax authorities and taxpayers to provide advice, economic analysis, and expert testimony on economic and financial issues related to these judicial doctrines. We have analyzed the potential for economic profit and evaluated non-tax business purposes associated with a wide variety of transactions including asset sales and purchases, leasing, financing, tracking stock, hedging, derivatives, corporate restructuring and divestitures, and insurance products. We have analyzed transactions conducted by individuals, partnerships and corporate entities.
- Bank of N.Y. Mellon as Successor in Interest to the Bank of New York Co. Inc., v. Commissioner, T.C. No. 26683-09, (No. 14-704 in U.S. Court of Appeals for the Second Circuit).
- Salem Fin., Inc. v. US, Court of Federal Claims, No. 10-192T (No. 15-380 in the U.S. Supreme Court).
- Long Term Capital Holdings, et al. v. US, District of Connecticut Civil, Nos. 3:01CV1290, etc.
- Jade Trading, LLC et al. v. US, Court of Federal Claims, No. 03-2164T.
- United States v. Woods, Western District of Texas, No. SA-05-CA-216, SA-05-CA-217 (No. 12-562 in the U.S. Supreme Court).
- Coltec Industries, Inc. v. US, Court of Federal Claims, No. 01-072D.
Complex business and legal matters require intellectually honest and analytically rigorous solutions that are thoughtfully developed and clearly communicated. We apply economic and finance principles with uncompromising quality to achieve clarity in the face of complexity. Independent analysis, responsive execution, and compelling presentation. That’s Brattle. That’s the Power of Economics.