David B. Cubeta

Dave Cubeta represents large multinational corporate clients in resolving potential Internal Revenue Service (IRS) controversies in audit, negotiating settlements of issues at Appeals, resolving issues in litigation, planning transactions, and in advancing tax policy initiatives. Mr. Cubeta’s work, while including a variety of taxpayer industries and subject matters, has often focused on natural resource taxation, joint ventures and the tax treatment of complex financial products and financial transactions. He has extensive experience in financial derivatives taxation, having taught the subject for 15 years to Masters of Law program students at Georgetown University Law Center.  More >

Dave Cubeta represents large multinational corporate clients in resolving potential Internal Revenue Service (IRS) controversies in audit, negotiating settlements of issues at Appeals, resolving issues in litigation, planning transactions, and in advancing tax policy initiatives. Mr. Cubeta’s work, while including a variety of taxpayer industries and subject matters, has often focused on natural resource taxation, joint ventures and the tax treatment of complex financial products and financial transactions. He has extensive experience in financial derivatives taxation, having taught the subject for 15 years to Masters of Law program students at Georgetown University Law Center. 

While Mr. Cubeta generally has resolved his tax controversy cases in the customary IRS audit and Appeals processes, on occasion, novel difficulties have required novel solutions, including creative use of the Pre-Filing Agreement program, Technical Advice procedures and, in one case, an extraordinary two-day “mini-trial” in the IRS National Office to resolve a highly controversial issue.

Mr. Cubeta also represents clients in planning and negotiating transactions, frequently in multinational contexts. These projects often focus on structuring domestic and international joint venture transactions and other business acquisitions, dispositions, or combinations. He is active in advancing appropriate tax policy developments through IRS private letter rulings and other administrative pronouncements, as well as U.S. Department of the Treasury regulations.

Mr. Cubeta has more than 30 years of experience, and brings to his clients an in-depth understanding of relevant Treasury Department regulations and IRS rulings, an excellent working relationship with officials at both Treasury and the IRS, and a fervent commitment to secure the results that are necessary to enable his clients to navigate successfully the tax consequences associated with their business plans.

Mr. Cubeta began his career at the office of Chief Counsel, Legislation and Regulations Division, Internal Revenue Service, from 1977 to 1981, where he represented the IRS during Congressional consideration of the Crude Oil Windfall Profit Tax and was the principal author of the implementing regulations that were published on the same day the Act was signed into law. Mr. Cubeta serves on the Parker Fielder Oil and Gas Tax Conference Planning Committee, the premier biannual conference sponsored and supported by the University of Texas, the IRS, and industry. He is also a frequent lecturer at various programs on federal taxation. < Brief Bio

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