Tax Counsel

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Tax Counsel
The candidate under the direction of the Assistant Chief Counsel of the Foundation Division, handles the least difficult and sensitive tax appeals involving Franchise and Income Tax Law, Sales and Use Tax Law, and other business taxes. May act as a hearing officer for complex tax appeals; drafts opinions and recommendations; and represents the Foundation sections opinions’ regarding cases to the Hearings section of the Office of Tax Appeals. Independently conducts research on highly technical areas of law and drafts opinions and recommendations for complex tax appeals cases handled by the Hearings section of the Office of Tax Appeals. Drafts additional briefing requests and holds informational conferences with taxpayers to ensure completeness of the argument and opinions presented. Provides unbiased legal advice and direction to the Administrative Law Judges assigned to hear cases at the Office of Tax Appeals. Drafts internal deliberation memoranda to be presented to Administrative law Judges. Drafts post-hearing documents for the Office of Tax Appeals as needed. Performs analytical assignments and works on special projects including preparing administrative reports, and other duties as assigned within the knowledge and skill of a Tax Counsel. Typical tasks performed by Tax Counsels engaged in administering those provisions of the Revenue and Taxation Code for which the FTB and BOE have responsibility include, but are not limited to: applying and interpreting complex law involving individuals or sophisticated and unique business organizations and other governmental entities; conducting research and drafting legal opinions, position papers, rulings, briefs, orders, and pleadings; participating as departmental attorney or as hearing officer in connection with administrative proceedings involving proposed tax assessments or claims for refund; advising the FTB, BOE, departmental staff, local government entities, and the public with respect to the application of complex tax laws; appearing before the BOE in support of departmental positions, acting as departmental counsel with respect to personnel matters, and appearing in that capacity before both administrative law judges, boards, commissions, and the judiciary; assisting in court proceedings and pretrial discovery matters; supporting the attorney general in litigation against the Department and coordinating departmental efforts in that regard; drafting of legislation, regulations, and interpretive opinions; assisting in bankruptcy proceedings; advising departmental personnel with respect to the legal ramifications of proposed actions; working with advisory committees, citizens' groups, legislative, and professional associations on studies of ways to improve the laws administered by the FTB and BOE; speaking before tax forums, conferences, professional groups, and negotiating with outside counsel on the legal aspects of major tax disputes; and advising the respective Boards, departmental staff, and the public with respect to confidentiality of tax return information.

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