Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Sean Akins is one of the nation’s leading tax trial lawyers. He represents some of the country’s largest companies, partnerships, and their owners in IRS audits, federal and state courts, and congressional tax investigations. He is the author of Litigation of Federal Civil Tax Controversies, the foremost treatise on the subject in the country, cited by the U.S. Supreme Court and the U.S. Tax Court for its authoritative analysis.
Sean has litigated or tried dozens of tax cases while resolving most disputes without litigation through IRS examinations and administrative appeals. His approach is grounded in trial preparation: he helps in-house tax and legal teams identify the documents and witnesses that would matter at trial, assess the strengths and weaknesses of the evidentiary record, and evaluate settlement opportunities against the likely litigation outcome. He represents clients in IRS Fast Track proceedings and before the IRS Independent Office of Appeals. He also seeks private letter rulings and advises international organizations and tax-exempt entities.
A number of matters demonstrate the breadth and success of Sean’s practice. In Shea Homes v. Commissioner, Sean defended the homebuilder’s tax accounting method at trial and on appeal. He marshaled evidence from nearly 70 developments to demonstrate that buyers had bargained for pools, trails, and other shared amenities along with their homes. The Tax Court upheld Shea’s use of the completed contract method to defer income until its developments were nearly complete, and the Ninth Circuit affirmed.
Sean also represented window and door manufacturer JELD-WEN in a Tax Court dispute over the timing of a loss deduction on its investment in the Suncadia development. The settlement resulted in a complete IRS concession, allowing JELD-WEN to retain a roughly $64 million refund and recover an additional $15.5 million, plus interest.
Sean was also lead counsel for the Boston Bruins’ owners, obtaining a complete victory over the team’s meal deductions in Jacobs v. Commissioner, and for Amazon in its South Carolina sales tax dispute over third-party sales predating the state’s marketplace facilitator law. In United States v. EcoVest Capital, Inc., Sean led the defense of the company and three principals in a Justice Department suit involving syndicated conservation easements and represented EcoVest’s chief financial officer in a related Senate Finance Committee investigation.
Counsel to National Hockey League team in in successful trial before the U.S. Tax Court involving limitations as to the deductibility of certain business expenses. Jacobs v. Commissioner, 148 T. C. NO. 24 (2017).
Counsel to national online retailer/marketplace leader in novel state sales tax litigation currently pending before an administrative law court.
Counsel to national homebuilding company in successful trial involving the application of the completed contract method of accounting. Successfully defended against Government’s appeal before the Ninth Circuit. Shea Homes, Inc. v. Commissioner, 142 T.C. NO. 3 (2014), aff’d 834 F.3d 1061 (9th Cir. 2016).
Counsel to construction industry company in litigation before the U.S. Tax Court involving worthlessness deduction of a partnership interest. Although Government had proposed a tax deficiency, ultimately secured concession from Government prior to trial resulting in a refund to taxpayer. JELD-WEN v. Commissioner, U.S. Tax Court No. 003055-14.
Lead counsel to owners of homebuilding corporation in pending tax litigation before the U.S. Court of Federal Claims involving the application of the statute of limitations to various refund claims filed with the IRS. Shea, et al v. U.S., Court of Federal Claims No. 1:15-cv-00438-TCW.
Lead counsel to a TEFRA partnership in litigation before the U.S. Tax Court involving income recognition based on partnership adjusted basis. Secured concession from Government prior to trial. SFHB I, LLC v. Commissioner, U.S. Tax Court No. 03594-13.
Counsel to major pharmaceutical company in litigation before the U.S. Tax Court involving the deductibility of a merger termination fee. Secured favorable settlement from Government. Inamed Corporation and Subsidiaries v. Commissioner, U.S. Tax Court No. 021850-12.
J. Edgar Murdock American Inns of Court (U.S. Tax Court), Associate Member
ABA Section of Taxation, Court Practice and Procedures Committee, Ethics Subcommittee Chair (2014-2015); Insurance Companies Committee, Co-Vice Chair (2010-2011)
Back
