‘Brian Kittle brings unmatched experience, technical expertise, and strategic thinking to put his clients in the best position. Brian sincerely channels energy to developing trusted relationships.’
Legal 500
Overview
Brian Kittle, co-head of the firm’s Tax practice, is a nationally recognized tax controversy lawyer and litigator who has a deep track record of successfully resolving high-stakes and sophisticated tax disputes.
Brian represents clients in all phases of tax controversies, from IRS examinations and administrative appeals through litigation. He also uses pre-dispute resolution tools to address areas of potential controversy before they arise. What’s more, having clerked at the US Tax Court, he brings an insider’s perspective to trial preparation and presentation.
Experience
- Eaton Corp. v. Commissioner, --- F.4th ----, No. 21-1569, 21-2674 (6th Cir. August 25, 2022) (holding that Advance Pricing Agreements were subject to ordinary contract principles and that the IRS invalidly cancelled Advance Pricing Agreements and failed to timely plead penalties);
- Cross Refined Coal, LLC v. Commissioner, --- F.4th ----, No. 20-1015 (D.C. Cir. August 5, 2022) (holding that refined coal partnership was a bona fide partnership and affirming that, where a partnership undertakes an activity made profitable by tax credits, it engages in legitimate business activity for tax purposes);
Education
- Georgetown University Law Center, LLM in Taxation, with distinction
- State University of New York, Buffalo Law School, JD, cum laude
Buffalo Law Review, 2001-2003 (Business Editor: 2002-2003; Associate Member: 2001-2002); Executive Student Editor, American Bar Association's Journal of Affordable Housing, 2002-2003 - University of New England, BS, cum laude
Admissions
- Illinois
- New York
Courts
- US Tax Court
- US Court of Federal Claims
- US Court of Appeals for the Federal Circuit
- US District Court for the District of Columbia
- US District Court for the Southern District of New York
Professional & Community Involvement
- FC Harlem Board of Directors
- Organizer and Moderator of the Tax Controversy In-House Forum
- American Bar Association
- New York Bar Association