Emin Toro’s practice concentrates on the needs of multinational companies, including both tax controversies and counseling. Mr. Toro’s controversy experience includes audits, administrative appeals, litigation, as well as advance pricing agreement and competent authority proceedings. Mr. Toro has handled controversies in a number of subject matter areas, including cross-border trading structures, cost sharing arrangements, income and expense reallocations under Section 482, royalty arrangements, contract manufacturing and distribution arrangements, foreign tax credits, treatment of corporate reorganizations and restructurings, computation of allowable FSC benefits, and allowance of losses on subsidiary stock and debt. Mr. Toro has provided counseling on tax-efficient cross-border distribution structures, cross-border services, cross-border transfer pricing, international asset transfers, and tax optimal corporate structures, as well as acquisitions and dispositions.
- Handle controversy matters for multinational companies regarding, among others, the determination of appropriate transfer prices for the sale of goods, distribution, and contract manufacturing arrangements; the allocation of royalties under Section 482; the allocation of expenses under Section 482; cost sharing arrangements; method of accounting issues; the allowance of worthless stock and bad debt deductions with respect to domestic and foreign subsidiaries; the computation of foreign currency gains and losses; the computation of foreign tax and research and experimentation credits; the sourcing of income; and valuation matters.
- Counsel multinational companies on bi-lateral APAs, including obtaining APA adopting novel methodology for the industry.
- Counsel multinational companies on competent authority proceedings for various issues in several countries.
- Recently closed consecutive cycles of no-change audits for multinational consumer products company.
- Obtained full concession at IRS Appeals on royalty issue.
- Successfully resolved at IRS Appeals valuation issue.
- Counsel multinational companies on worldwide distribution arrangements and trading structures and provision of cross- border services and leasing activities.
- Counsel multinational corporations on the outbound transfers of tangible and intangible assets and the establishment of cost sharing arrangements.
- Represent client in Tax Court litigation on method of accounting issues.
- Represent client in Tax Court litigation on deductibility of payments made to a trust.
Honors and Rankings
- Chambers USA, Tax (2012-2014)
- Legal 500 US, Tax (2012-2014)
- Washington DC Super Lawyer, "Rising Star" (2013-2014)
- Winner of Scholarship by Taxation Committee of the International Bar Association to Attend the 2008 IBA Annual Conference based on paper that analyzed new arbitration procedures contained in certain tax treaties and the OECD model treaty entitled Avoiding Double Taxation Through Binding Arbitration: A Comparative Review (5/19/2008).
- Provide advice to non-profit foundations regarding tax-exempt status.
- Represented taxpayer seeking innocent spouse relief.
- Represented taxpayer in offer-in-compromise proceeding.
- National Federation of Independent Business v. Sebelius (U.S. Supreme Court 2012). On brief for Court-appointed amicus curiae on the question whether constitutional challenges to the minimum coverage provisions of the Affordable Health Care Act were temporarily barred by the Anti-Injunction Act.
- Represented non-profit organization in resolving controversy regarding employment taxes.
- Provided tax advice regarding proceeds of settlement with the District of Columbia arising out of the violation of civil rights.
- Advised non-profit organization regarding requirements for maintaining tax-exempt status.
Memberships and Affiliations
- Vice Chair, Continuing Legal Education Committee, ABA Tax Section (2012-present)
- Appointments to the Tax Court Committee, ABA Tax Section (2014-present)
- Taxes Committee, International Bar Association (2007-present)
- ABA Tax Section (2006-present)
- ABA Tax Section, Special Assistant to the Vice Chair, Government Relations (2006-2007)
- The J. Edgar Murdock American Inn of Court (2011-present)
Publications and Speeches
- "Navigating Tax Treaties: Getting and Keeping Treaty Benefits in Uncertain Times," Panelist at Tax Executives Institute 2014 Annual Conference (11/3/2014)
- "Global Trends — Recent Experience in Tax Audits," Co-Chair of Panel at the Annual International Bar Association Conference in Tokyo, Japan (10/22/2014)
- "Fear of flying or just worried about your co-pilot? Working cross border and in association with lawyers from other jurisdictions," Panelist at the Annual International Bar Association Conference in Tokyo, Japan (10/21/2014)