Mark D. Allison is a Member in Caplin & Drysdale's New York office. He serves on the Firm's Board of Directors and is the Firm's Administrative Member in the New York Office. Mr. Allison’s clients include multinational corporations, financial institutions, sovereign wealth funds, global high-net-worth individuals, and professional athletes and entertainers. He has substantial industry experience in financial services, healthcare, utilities, and infrastructure.
Mr. Allison's practice involves complex federal, state, and cross-border tax controversy and litigation matters; related civil, criminal, and regulatory proceedings; and internal investigations. In this context, he represents clients in various proceedings before the Internal Revenue Service, the U.S. Department of Justice, the U.S. Attorneys' Office, and other government regulators. An experienced trial attorney, Mr. Allison has litigated before the U.S. Courts of Appeals, the U.S. Tax Court, the U.S. Court of Federal Claims, and in bench and jury trials in federal district court. Recently, Mr. Allison was appointed by the US District Court for the Southern District of New York as lead counsel for all defendants in the nationwide multidistrict litigation brought by the Danish tax authorities (SKAT) against approximately 200 US pension plans and related parties relating to claims for dividend tax withholding.
Mr. Allison uses his tax controversy background to uniquely advise clients in a range of transactional and planning settings, including mergers, acquisitions and divestitures; private equity, hedge fund and real estate investments; bankruptcy and other restructurings; transfer pricing; and estate and gift tax issues. His work also involves pre- and post-transaction review and analysis of potential tax disputes for purposes of ASC 740, Schedule UTP, and other regulatory reporting and internal risk management, as well as the tax treatment and implications of non-tax litigation and investigations.
Mr. Allison serves as general counsel to a New York City-based SEC-registered fund manager and often counsels on SEC regulatory and enforcement matters and related compliance and oversight issues for investment advisers.
Mr. Allison previously served as an attorney-advisor to the Honorable Julian I. Jacobs of the United States Tax Court, and as a law clerk to the Honorable Joseph C. Small of the New Jersey Tax Court.
- Moderator, Collections of Foreign Tax Judgments: When Your Other Problems Come Home, ABA Section of Taxation, 2020 ABA Midyear Meeting, January 31, 2020
- Panelist, From the Experts: Tax Controversy and Tax Litigation—Civil and Criminal Tax Update, NYU 78th Institute on Federal Taxation, November 10, 2019
- Moderator, From the Experts: Tax Controversy and Tax Litigation—Civil and Criminal Tax Update, NYU 78th Institute on Federal Taxation, October 20, 2019
- Panelist, How Well Do Your Secrets Travel? Understanding the Scope of Privileges in Cross-Border Audits and Investigations, NYU 11th Annual Tax Controversy Forum, NYU School of Professional Studies, June 20, 2019
- Panelist, From The Experts: Tax Controversy and Tax Litigation Update, NYU 77th Institute on Federal Taxation, November 11, 2018
- Moderator, From The Experts: Tax Controversy and Tax Litigation Update, NYU 77th Institute on Federal Taxation, October 21, 2018
- Speaker, The Impact of the U.S. Tax Reform on Brazilian Individuals, Companies and Investments, Brazil Tax Conference 2018, April 12, 2018
- Panelist, From The Experts: IRS Representation Tools, Techniques, and Defensive Strategies—Civil and Criminal Tax Update, NYU 76th Institute on Federal Taxation, October 22, 2017
- Presenter, Questions About Questions: How to Interview a Witness, ABA Section of Taxation, 2017 Joint Fall CLE Meeting, September 15, 2017
- Micro-Captive Transactions: What's Next and How Can You Prepare, AICPA, August 24, 2017
- Panelist, TOIs, Investigations, and Campaigns – the Tools of the IRS, Delaware Captive Insurance Association Spring Forum, May 8, 2017
- Speaker, Captive Insurance: New IRS Tax Reporting Regime, AICPA, December 19, 2016
- Speaker, Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations, Bloomberg BNA, December 9, 2016
- Panelist, Hot Audit/Controversy Issues, NYU 75th Institute on Federal Taxation, November 15, 2016
- Panelist, From The Experts: IRS Representation Tools, Techniques And Defensive Strategies – Civil & Criminal Tax Update, NYU 75th Institute on Federal Taxation, November 13, 2016
- Panelist, From The Experts: IRS Representation Tools, Techniques And Defensive Strategies – Civil & Criminal Tax Update, NYU 75th Institute on Federal Taxation, October 23, 2016
- Panelist, Hot Audit/Controversy Issues, NYU 75th Institute on Federal Taxation, October 23, 2016
- Representing Taxpayers Who Can't, or Won't, Pay: The Ins and Outs of Collection Due Process Cases, 8th Annual Tax Controversy Forum, NYU School of Professional Studies, June 24, 2016
- Panelist, Fines, Penalties and Costs to Settle Litigation, American Bar Association Section of Taxation, May 6, 2016
- Speaker, Litigating Partnership Tax Cases Under the New Partnership Tax Rules of the Bipartisan Budget Act of 2015, American Bar Association Section of Taxation, May 6, 2016
- Speaker, The New Partnership Audit Regime, 2016 Nashville TEI Spring Seminar, Tax Executives Institute, Inc., May 5, 2016
- Speaker, Nuts & Bolts of Tax Court Litigation: Post-Trial, ABA Tax Section, January 30, 2016
- Panelist, From the Experts: IRS Representation Tools, Techniques and Defensive Strategies - Civil & Criminal Tax Update, NYU 74th Institute on Federal Taxation, October 25, 2015
- Speaker, Examinations of TEFRA Partnership, American Law Institute Continuing Legal Education (ALI CLE), Handling a Tax Controversy 2015: Current Trends in Civil Tax Controversies and Litigation, October 8, 2015
- Speaker, IRS Audits and Appeals in the Issue Focused Exam Era, 2015 Nashville TEI Spring Seminar, May 20, 2015
- Panelist, Cross Border Privileges Issues, American Bar Association, 2015 May Meeting, May 8, 2015
- Chair, Court Procedure and Practice Roundtable Discussion, American Bar Association, 2015 May Meeting, May 8, 2015
- Panelist, Pre-Trial Planning & Judicial Precedence, American Bar Association, 2015 Midyear Meeting, January 30, 2015
- Panelist, From the Experts: Civil & Criminal Tax Controversy and Tax Litigation Update, New York University School of Professional Studies, 73rd Institute on Federal Taxation, November 16, 2014
- Speaker, Cascading Toward Extinction? The Continuing Assault on Privilege, Tax Executive Institute, Nashville Chapter, October 22, 2014
- Panelist, From the Experts: Civil and Criminal Tax Controversy and Tax Litigation Update, New York University, 73rd Institute on Federal Taxation, October 19, 2014
- Panelist, Tax Court Procedures: Pretrial Practices (Motions, Pretrial Memoranda, Stipulations of Fact, Exhibits and Witness Subpoenas), American Law Institute (ALI) CLE, Handling a Tax Controversy: Audit, Appeals, Litigation, & Collections, October 17, 2014
- Panelist, It's a Privilege, or Is It: Privilege Issues in Tax Cases, American Bar Associaton, 2014 Joint Fall CLE Meeting, September 19, 2014
- Chair, Court Procedure and Practice Roundtable Discussion, American Bar Association, 2014 Joint Fall CLE Meeting, September 19, 2014
- Speaker, The Scope of Attorney-Client Privilege After AD Investments, American Bar Association, June 18, 2014
- Speaker, Defending Taxpayer Penalties, Tax Executives Institute, May 22, 2014
- Moderator, U.S. Supreme Court and Appellate Tax Litigation: A Look at the Next Step, American Bar Association, 2014 May Meeting, May 9, 2014
- Moderator, Court Procedure & Practice Roundtable Discussion - The Trial Countdown, American Bar Association, 2014 May Meeting, May 9, 2014
- Chair, Court Procedure & Practice Committee, American Bar Association, 2014 May Meeting, May 9, 2014
- Panelist, The Presentation of Evidence - Stone Age to Space Age, U.S. Tax Court, May 1, 2014
- Speaker, Dodd-Frank Tax Issues, Columbia University, April 30, 2014
- Chair, Tax Shelter Promoter Litigation Issues, American Bar Association, October 18, 2013
- Chair, Settling TEFRA Cases, American Bar Association, October 18, 2013
- Speaker, Roundtable Discussion on International Best Practices on Tax Mediation, Supreme Court of the Philippines, Philippine Judicial Academy, October 18, 2013
- Speaker, Alternative Dispute Resolution in U.S. Tax Cases, Instituto Colombiano de Derecho Tributario's International Forum of Administration and Tax Justice, September 26, 2013
- Speaker, Seventh Circuit Adopts Majority View on Valuation Misstatement Penalty, American Bar Association, September 18, 2013
- Panelist, Using Alternative Dispute Resolution (ADR) to Resolve Tax Cases, American Bar Association, 2013 Midyear Meeting, January 25, 2013
- Panelist, Motions in Limine in Tax Court Forums, American Bar Association, 2012 May Meeting, May 11, 2012
- Speaker, Resolving Federal Tax Disputes: What Are My Alternatives, Tax Executives Institute, May 1, 2012
- Moderator, Parallel Civil Tax Litigation and Criminal Investigations, American Bar Association, 2012 Midyear Meeting, February 17, 2012
- Panelist, Current Trends in Tax Litigation: Economic Substance, Debt/Equity, and Entity Choice, District of Columbia Bar Association, January 19, 2012
- Moderator, The Scope and Nature of Section 6700 Litigation and Related Proceedings, American Bar Association, 2011 Midyear Meeting, January 21, 2011
- Moderator, Promoter and Material Advisor Litigation and Related Proceedings, American Bar Association, January 21, 2011
- Speaker, Stipulations in the Taxt Court, American Bar Association, January 11, 2010
- Chair, Atypical Statutes of Limitations Issues, American Bar Association, September 10, 2009
- Chair, Transferee Liability Issues: The Pursuit of Taxes, American Bar Association, January 10, 2009
- Chair, The Use of Jury Trials in Civil Tax Cases, American Bar Association, September 10, 2008
- Chair, Cross-Border Discovery in Civil Tax Controversies, American Bar Association, September 10, 2007
- Speaker, Unsettling Settlements: The Ambiguity of Section 162(f), Tax Executives Institutes, October 24, 2006
- Speaker, Recent Developments and Trends in Tax Shelter Litigation in the U.S. Court of Federal Claims and Federal District Courts, American Bar Association, February 10, 2006
- Speaker, Preclusion of Expert Witnesses, American Bar Association, September 10, 2004
Click here for a full list of speaking engagements.
- "Partnership Filing Relief,"
with Christopher S. Rizek, Charles M. Ruchelman, James E. Salles, and Jonathan R. Black, Caplin & Drysdale Client Alert, April 13, 2020
- "Deductibility of Illegal Payments, Fines, and Penalties" (Book),
with Rachel L. Partain, Bloomberg Tax 524-2nd Tax Management Portfolio, May 3, 2019
- "IRS's Offshore Voluntary Disclosure Program Ending: Impact on U.S. Taxpayers,"
with Zhanna A. Ziering, Benjamin Z. Eisenstat, Scott D. Michel, and Dianne C. Mehany, Caplin & Drysdale Client Alert, March 14, 2018
- "IRS to Revoke Passports for Seriously Delinquent Tax Debts Starting February 2018,"
with Dianne C. Mehany, Zhanna A. Ziering, Victor A. Jaramillo, and Christopher S. Rizek, Caplin & Drysdale Client Alert, February 12, 2018
- "Possible Tax Fallout for Student and Professional Athletes from NCAA-Related Investigations,"
with Victor A. Jaramillo and Scott D. Michel, Caplin & Drysdale Client Alert, November 9, 2017
- "Paradise Papers: U.S. Citizens and Residents Required to Report on Offshore Assets,"
with J. Clark Armitage, Peter A. Barnes, Kirsten Burmester, and Robert T. Carney, Caplin & Drysdale Client Alert, November 6, 2017
- "IRS Launches Issue-Based Corporate Compliance Campaigns,"
with J. Clark Armitage, Rachel L. Partain, and James E. Salles, International Law Office, February 24, 2017
- "IRS Launches Issue Based Corporate Compliance Campaigns,"
with J. Clark Armitage, Kirsten Burmester, Niles A. Elber, and Neal M. Kochman, Global Tax Weekly, February 16, 2017
- "IRS Launches 13 Issue-Based Corporate Compliance Campaigns,"
with J. Clark Armitage, Kirsten Burmester, Niles A. Elber, and Neal M. Kochman, Caplin & Drysdale Client Alert, February 3, 2017
- "Tax Plans Compared (December 2016) Corporate Tax,"
with Jonathan S. Brenner, Richard W. Skillman, Kirsten Burmester, and Peter A. Barnes, Global Tax Weekly, January 5, 2017
- "Tax Plans Compared (December 2016) Corporate Tax,"
with Jonathan S. Brenner, Richard W. Skillman, Kirsten Burmester, and Peter A. Barnes, Caplin & Drysdale Client Alert, December 16, 2016
- "Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations,"
with Rachel L. Partain, Christopher S. Rizek, and Charles M. Ruchelman, International Law Office, November 25, 2016
- "Captive Insurance: New IRS Tax Reporting Regime Potential for Penalties and Examinations,"
with Rachel L. Partain, Christopher S. Rizek, and Charles M. Ruchelman, Caplin & Drysdale Client Alert, November 3, 2016
- "Congress Enacts New Tax Examination and Collection Regime for Partnerships,"
with Charles M. Ruchelman, Christopher S. Rizek, and Rachel L. Partain, International Law Office, January 22, 2016
- "U.S. Passports in Jeopardy for Taxpayers Owing the IRS,"
with Dianne C. Mehany and Niles A. Elber, Global Tax Weekly, January 11, 2016
- "Congress Enacts Entirely New Tax Examination and Collection Regime for Partnerships,"
with Charles M. Ruchelman, Christopher S. Rizek, and Rachel L. Partain, Caplin & Drysdale Client Alert, December 10, 2015
- "The Final OECD BEPS Tome Has Arrived,"
with H. David Rosenbloom, Patricia Gimbel Lewis, J. Clark Armitage, and Peter A. Barnes, Caplin & Drysdale Client Alert, October 8, 2015
- "Transfer Pricing Audits: Flipping the Tested Party,"
with Peter A. Barnes, J. Clark Armitage, H. David Rosenbloom, and Neal M. Kochman, Wolters Kluwer, August 27, 2015
- "Transfer Pricing Audits: Flipping the Tested Party,"
with Peter A. Barnes, J. Clark Armitage, H. David Rosenbloom, and Neal M. Kochman, Caplin & Drysdale Client Alert, August 13, 2015
- "New Law Changes FBAR Filing Deadline,"
with Zhanna A. Ziering, Charles M. Ruchelman, Niles A. Elber, and Mark E. Matthews, Caplin & Drysdale Client Alert, August 10, 2015
- "IRS Releases Guidelines for Examining CFC Transactions,"
with Peter A. Barnes, J. Clark Armitage, H. David Rosenbloom, and Neal M. Kochman, Caplin & Drysdale Client Alert, July 29, 2015
- "Abusive Small Captive Insurance Companies on IRS 'Dirty Dozen' List,"
with Rachel L. Partain, Christopher S. Rizek, and Charles M. Ruchelman, International Law Office, February 27, 2015
- "Abusive Small Captive Insurance Companies Added to IRS "Dirty Dozen Tax Scams","
with Rachel L. Partain, Christopher S. Rizek, and Charles M. Ruchelman, Caplin & Drysdale Client Alert, February 13, 2015
- "Proposed New York Tax Changes Would Affect Large and Small Businesses,"
with Rachel L. Partain, International Law Office, January 30, 2015
- "NYC Proposed Tax Code Changes Would Affect Businesses Large and Small,"
with Rachel L. Partain, Caplin & Drysdale Client Alert, January 13, 2015
- "Switzerland Narrows Advance Notice to Account Holders of Treaty Requests: Americans with Unreported Accounts Impacted,"
with Scott D. Michel and Mark E. Matthews, Caplin & Drysdale Client Alert, December 16, 2014
- "IRS Issues Final Regulations On Material Advisor Penalties,"
Global Tax Weekly, September 4, 2014
- "IRS Issues Final Regulations on Material Adviser Penalties,"
with Christopher S. Rizek, International Law Office, August 29, 2014
- "IRS Issues Final Regulations on Material Advisor Penalties,"
with Christopher S. Rizek, Zhanna A. Ziering, and Rachel L. Partain, Caplin & Drysdale Client Alert, August 4, 2014
- "DOJ Deal with Swiss Banks Impacts U.S. Taxpayers and Financial Firms Around the World,"
with Cono R. Namorato, Scott D. Michel, and Mark E. Matthews, Caplin & Drysdale Client Alert, October 31, 2013
- "Professional Golfer Sergio Garcia to Owe More Taxes on Endorsement Income,"
with H. David Rosenbloom, Caplin & Drysdale Client Alert, March 15, 2013
- "LB&I Commissioner Provides Guidance to Examiners and Managers on the Codified Economic Substance Doctrine and Related Penalties,"
with Charles M. Ruchelman and Christopher S. Rizek, Caplin & Drysdale Client Alert, July 29, 2011
- "Taxpayer Wins LILO Case in the Court of Federal Claims,"
Real Estate Finance Journal, April 1, 2010
- "The New Battle In An Old War: Omissions From Gross Income,"
126 Tax Notes 1227, March 8, 2010
- "Treasury, IRS Continues Attack on Abusive Tax Transactions: Final Regulations for Reportable Transactions Issued,"
Derivatives Financial Products Report, September 1, 2007
- "The IRS Reorganization: Programs and Initiatives of the New Large Case Division,"
with Felix B. Laughlin, Administrative Law Review, Vol. 53, No. 2, May 1, 2001
- "The Hamas Deportation: Israel's Response to Terrorism During the Middle East Peace Process,"
10 Am. U. J. Intl'l & Pol'y 397, January 1, 1994
Click here for a full list of publications.
