Larry Gibbs works with his clients to solve some of their most demanding tax problems. These tax problems may arise during the clients’ tax planning, in the course of their business transactions, when they wish to lobby tax legislation, while they are preparing their tax returns, when they are involved in Internal Revenue Service (IRS) audits, Appeals, rulings, or administrative controversies, or as they prepare for litigation. For that reason, he often works with other Miller & Chevalier lawyers as well as the clients’ lawyers, accountants, and other professionals with experience in the particular area in which the problem arises in order to develop solutions.
Mr. Gibbs' clients include corporations of all sizes from start-ups to Fortune 10 companies, large Subchapter S corporations, partnerships, mutual funds, real estate mortgage investment conduits, limited liability companies, and other pass-through entities, tax-exempt organizations (including public charities, private foundations, and retirement plans), trusts, wealthy individuals and families, as well as states, territories, and quasi-government entities (domestic and foreign). More >
- For a client that is the second largest company in its worldwide industry, worked with the internal tax executives and external accounting firm for over ten years to conclude successfully a number of audit cycles with the IRS’ Large and Mid-Size Business (LMSB) division, and to enable the company to enter the IRS Compliance Assurance Process (CAP) program.
- After Appeals refused to settle and issued a statutory notice for a non-tax shelter industry issue involving over $1 billion of tax, based upon the position of a rulings branch in the Chief Counsel’s Office, led a multi-law firm team to persuade the IRS to reverse the prior Chief Counsel position and settle the case without any additional tax and without litigation.
- When a major financial institution, in the course of acquiring a key competitor, discovered during the due diligence process an ERISA issue that involved either more than $1 billion or less than $1 million in taxes over a ten-year prior period, led a multi-law firm team that dealt with the IRS and the Labor Department. Within the time necessary to permit the acquisition to close on schedule, obtained a closing agreement from the IRS covering ten prior years for a total tax cost under $1 million.
- During an audit of a Fortune 50 company, the IRS threatened to disallow research and experimentation expenses, creating a significant, ongoing multi-billion dollar tax exposure. Worked with a team of national law and accounting firms to assist the company, as well as other companies in the affected industry, in developing a Congressional approach and proposal that lead to a Treasury Department regulation change which concluded the audit and eliminated the exposure.
- After a U.S. subsidiary of major Japanese electronics corporation had been under IRS audit for eight years because of a proposed transfer-pricing adjustment in excess on $350 million and with potential tax deficiencies in later years that threatened the company’s continued existence, led a team from the client, two law firms, and an accounting firm to request technical advice that resulted in settlement of all past and future open years for slightly over $350,000 in tax.
- Commissioner, Internal Revenue Service, 1986 - 1989
- Assistant Commissioner, Internal Revenue Service, 1973 - 1974
- Acting Chief Counsel, Internal Revenue Service, 1973
- Deputy Chief Counsel, Internal Revenue Service, 1972
Rankings and Recognition
- Distinguished Service Award, Tax Executives Institute
- Kenneth S. Liles Award for Distinguished Service, Federal Bar Association, 2007
- Alexander Hamilton Award, U.S. Department of the Treasury
- Top Ten Outstanding Washington, DC Tax Attorneys, Legal Times, 2005
- Chambers USA: Tax (District of Columbia), 2003 - 2013
- Chambers Global: Tax: Corporate (United States), 2008 - 2010
- Washington’s Top Lawyers: Tax (Washingtonian Magazine), 2007, 2009, and 2011
- The Best Lawyers in America®: Litigation & Controversy - Tax, 1991 – 2013
- Who's Who Legal: Corporate Tax, 1998 - 2011
- Who’s Who in American Law®
Professional and Community Involvement
- Member, Tax Foundation Policy Committee
- Fellow, American College of Tax Counsel
- Member, American College of Trust and Estate Counsel
- Member, American Law Institute
- Advisory Trustee, The Southern Federal Tax Institute
- Member, Advisory Board, U.S. Income and Estates, Gifts and Trusts, BNA Tax Management
- Member, Board of Directors, Tax Analysts
- Member, Committees on Government Relations, Formulation of Tax Policy, and Administrative Practice, Taxation Section, American Bar Association
- District of Columbia
- United States Supreme Court
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States Tax Court
- LL.B., The University of Texas School of Law, 1963
- B.A., Yale University, 1960