Other tax-related litigation, tax policy, and valuation

  • Testified in US Tax Court on behalf of taxpayers in Wal-Mart v. Commissioner regarding the statistical basis and accuracy of shrinkage accruals. The Court rejected the testimony of the IRS experts and ruled in favor of Wal-Mart.
  • Conducted a study on the implications of allowing the Volumetric Ethanol Excise Tax Credit (VEETC) to expire at the end of 2010. The study examined the VEETC influence on ethanol supply and market price volatility resulting from increased financial stress on marginal producers and the VEETC’s role as an incentive to invest in new ethanol refinery projects by using advanced technology.
  • Served as a testifying expert on behalf of a major issuer of retail credit cards involved in a confidential tax dispute with the IRS. Analyzed beneficial life of store credit cards, drawing on the company’s point-of-sale data, credit card data, marketing and promotional activities, and customer demographic information.
  • Provided expert testimony on behalf of the taxpayers in Kroger v. Commissioner. Citing Dr. Bates’ testimony extensively, the court ruled in favor of Kroger.
  • Provided expert report and deposition testimony regarding an auction of a professional sports franchise, working on behalf of the US Department of Justice, Tax Division.
  • Within a valuation context, conducted competitive analysis of a Big Three division in the luxury car market versus competitors in the same category. Addressed synergies and strategic benefits of parent company and prospective acquirers including private equity firms and other manufacturers. Analyzed unique advantages of the acquirer, access to key markets, economies of scale in production, shared R&D, and supplier and dealer networks; assessed engineering challenges, fuel efficiency, and other regulatory issues.