Martin B. Tittle, Services

Philosophy

I have a particular view of the Internal Revenue Code and, by analogy, the tax structures of other countries. I see the Code as an instrument that is set up to achieve certain goals using certain rules. Some people think that good tax lawyers figure out ways to comply technically with the Code's rules while, at the same time, undermining or avoiding the goals that those rules exist to achieve. For two reasons, that's not what I do.

First, the Code is not just a collection of "thou shalt nots." There are plenty of intended benefits in it, and plenty of legislators interested in expanding or adapting those benefits if need be. There's no need to stretch rules or avoid their related goals to make money.

Second, technical compliance alone is just too high-risk. This is the age of the Tommy Hilfiger almost-indictments; of Dave Hartnett; of JITSIC and the Leeds Castle Group and the Seoul Declaration. Soon, the IRS will be conducting joint audits of multinational taxpayers with its "international partners." No one should be relying on plans and structures that just barely clear the "substantially similar to a listed transaction" hurdle. What is needed, and what I create, are plans and structures that comply with both the rules and the underlying spirit and intent of the law. That makes them very unlikely to backfire on the client or on me.

Projects

Usually, the projects in which I am involved concern the application of U.S. tax treaties, U.S. taxation of international insurance activities (including state taxation issues), or legislative tracking. Outside those subject areas, projects usually fall into two broad classes: transactional analysis and pure research.

Transactional analysis always involves a proposed or pending transaction, and frequently what I am asked to provide is a "counterpoint" memorandum. A counterpoint memorandum is an analysis that makes the best arguments against the legality of the transaction or the conformity of the transaction with those statutes and rules that appear applicable to it. If a less comprehensive review is requested, what I look for are aspects of the transaction that are either not anticipated or not adequately disclosed in the documents or description I receive. Examples of unanticipated aspects include the danger of conduit characterization in the establishment of a foreign finance corporation if the finco's parent has external debt, and the existence of treaty-related anti-abuse provisions that are not included or referenced in the tax treaty they affect.

Pure research is usually associated with the development of a legislative position. Examples range from developing the concept of foreign tax credit for value-added taxes to researching possible definitions for a word that is not defined in a statute (e.g., the word "purchased" in I.R.C. Sec. 956(c)(2)(B)). The results of pure research can be presented in various ways, including a memorandum report, a scholarly article, a position paper, a speech, prepared testimony, or an op-ed.

On Sept. 4, 2007, I began publishing U.S. International Tax Outlook (USITO), a newsletter on international tax developments. The contents are an expanded version of the kinds of issues I have addressed since 2003 in the Commentary section of my home page. Newsletters appear at least weekly and sometimes daily, depending on current issues and the speed with which they are developing or changing. My goal is to highlight interesting topics, provide enough information and analysis for readers to determine their level of interest, and give easy, hyperlink access to underlying source documents. Each issue of the newsletter is distributed by email in Acrobat format and usually consists of two to six articles.

I now have subscribers on three continents, and they include tax attorneys, accountants, stockbrokers, and officials in national tax administrations. One of the latter who works at the U.S. Treasury was kind enough to send the following note in mid-December: "I am sure you hear it often, but I wanted to tell you I find your Outlooks very useful. Thanks for the good work."

If you would like to subscribe, please send your contact information, including email address, to subscribe@martintittle.com. If you would like to browse a sample issue, click here.

You should be very cautious about the information you reveal in an initial contact or inquiry. I have no duty to keep confidential any information that is communicated to me before you sign an engagement agreement.


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			Martin B. Tittle
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				*Philosophy* I have a particular view of the Internal Revenue Code and, by analogy, the tax structures of other countries. I see the Code as an instrument that is set up to achieve certain goals using certain rules. Some people think that good tax lawyers figure out ways to comply technically with the Code's rules while, at the same time, undermining or avoiding the goals that those rules exist to achieve. For two reasons, that's not what I do. First, the Code is not just a collection of "thou shalt nots." There are plenty of intended benefits in it, and plenty of legislators interested in expanding or adapting those benefits if need be. There's no need to stretch rules or avoid their related goals to make money. Second, technical compliance alone is just too high-risk. This is the age of the Tommy Hilfiger almost-indictments; of Dave Hartnett; of JITSIC and the Leeds Castle Group and the Seoul Declaration. Soon, the IRS will be conducting joint audits of multinational taxpayers with its "international partners." No one should be relying on plans and structures that just barely clear the "substantially similar to a listed transaction" hurdle. What is needed, and what I create, are plans and structures that comply with both the rules and the underlying spirit and intent of the law. That makes them very unlikely to backfire on the client or on me. *Projects* Usually, the projects in which I am involved concern the application of U.S. tax treaties, U.S. taxation of international insurance activities (including state taxation issues), or legislative tracking. Outside those subject areas, projects usually fall into two broad classes: transactional analysis and pure research. Transactional analysis always involves a proposed or pending transaction, and frequently what I am asked to provide is a "counterpoint" memorandum. A counterpoint memorandum is an analysis that makes the best arguments against the legality of the transaction or the conformity of the transaction with those statutes and rules that appear applicable to it. If a less comprehensive review is requested, what I look for are aspects of the transaction that are either not anticipated or not adequately disclosed in the documents or description I receive. Examples of unanticipated aspects include the danger of conduit characterization in the establishment of a foreign finance corporation if the finco's parent has external debt, and the existence of treaty-related anti-abuse provisions that are not included or referenced in the tax treaty they affect. Pure research is usually associated with the development of a legislative position. Examples range from developing the concept of foreign tax credit for value-added taxes to researching possible definitions for a word that is not defined in a statute (e.g., the word "purchased" in I.R.C. Sec. 956(c)(2)(B)). The results of pure research can be presented in various ways, including a memorandum report, a scholarly article, a position paper, a speech, prepared testimony, or an op-ed. *Newsletter* On Sept. 4, 2007, I began publishing U.S. International Tax Outlook (USITO), a newsletter on international tax developments. The contents are an expanded version of the kinds of issues I have addressed since 2003 in the Commentary section of my home page. Newsletters appear at least weekly and sometimes daily, depending on current issues and the speed with which they are developing or changing. My goal is to highlight interesting topics, provide enough information and analysis for readers to determine their level of interest, and give easy, hyperlink access to underlying source documents. Each issue of the newsletter is distributed by email in Acrobat format and usually consists of two to six articles. I now have subscribers on three continents, and they include tax attorneys, accountants, stockbrokers, and officials in national tax administrations. One of the latter who works at the U.S. Treasury was kind enough to send the following note in mid-December: "I am sure you hear it often, but I wanted to tell you I find your Outlooks very useful. Thanks for the good work." If you would like to subscribe, please send your contact information, including email address, to subscribe@martintittle.com. If you would like to browse a sample issue, click here. *Important Limitation* You should be very cautious about the information you reveal in an initial contact or inquiry. I have no duty to keep confidential any information that is communicated to me before you sign an engagement agreement.
	Contact Information:* Email: mbt@martintittle.com Phone: (202) 344-7592 (734) 846-3864 Fax: (866) 859-2932 Mail: P.O. Box 1541 Ann Arbor, MI 48103 * Before contacting me, read the "Important Limitation" paragraph below.



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