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Henry Birnkrant

About Henry Birnkrant

Henry Birnkrant focuses his practice on transfer pricing matters and U.S. federal income taxation of domestic and cross-border business transactions.

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Altera Redux – The Ninth Circuit Once Again Holds in Favor of the IRS

July 31, 2019 By Henry Birnkrant, Stefanie Kavanagh and Ryan Kelly

Last week, our International Tax Group examines the Ninth Circuit repeating itself in reversing a unanimous Tax Court holding on the validity of the Treasury's regulations under Section 482. We examine the reconstituted  panel's significant decisions, which in many ways follow the first panel's conclusions. Altera v. Commissioner, Parts 1, 2, and now, 3 What is the meaning of “commensurate with income”? What does this case say about previous standards under Chevron? Read the full advisory here. [...]Read more

Filed Under: International Tax Advisory, Uncategorized Tagged With: Altera, Chevron, Ninth Circuit, section 482, Tax Court, Treasury, Xilinx

International Tax ADVISORY: Big Tax Court Win for Eaton in Canceled APA Case

August 15, 2017 By Henry Birnkrant and Stefanie Kavanagh

The IRS abused its discretion when it canceled two advance pricing agreements. Our International Tax Group covers Eaton’s victory in the Tax Court and how it allays concerns about how worthwhile an APA can be. Public and judicial scrutiny Standard of review Where do we go from here? Read the full advisory here. [...]Read more

Filed Under: International Tax Advisory Tagged With: APA, APA case, Eaton Corp, IRS, Tax Court, TPM, transfer pricing, transfer pricing method

International Tax ADVISORY: Tax Court Déjà Vu – IRS Tried, and Failed, to Overturn Veritas

April 17, 2017 By Henry Birnkrant and Stefanie Kavanagh

Unsurprisingly, the IRS got the same result by trying the same thing. Our International Tax Group analyzes the agency's latest effort to use a discounted cash flow analysis to audit a cost-sharing agreement. The difference between #255 million and $3.6 billion Using the comparable uncontrolled transaction method Applying the 2011 cost-sharing regulations Read the full advisory by clicking here. [...]Read more

Filed Under: International Tax Advisory Tagged With: Amazon, comparable uncontrolled transaction (CUT), Cost sharing agreement (CSA), csa, CUT, dcf, discounted cash flow (DCF), IRS, Veritas

International Tax ADVISORY – IRS Issues Draft Form and Instructions for Country-by-Country Reports

March 15, 2017 By Matthew Moseley and Henry Birnkrant

Ultimate parents of U.S. multinational enterprises now have instructions for Form 8975, the U.S. Country-by-Country Report. Our International Tax Group reviews what U.S. MNEs must do to comply with new U.S. filings requirements, as well as procedures for voluntary early filing intended to satisfy BEPS-related Organisation for Economic Co-operation and Development guidance in other jurisdictions. Fixing the reporting mismatch Revenue Procedure 2017-23 The form and instructions Read the full International Tax Advisory here. [...]Read more

Filed Under: International Tax Advisory Tagged With: Action 13, BEPS, CbC, Chapter V, country-by-country reports, form 8975, IRS, MNE, multinational enterprise, OECD, Organisation for Economic Co-operation and Development, Reg. § 1.6038-4, Rev. Proc. 2017-23, Revenue Procedure 2017-23, Schedule A, TD 9773

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