Marc Gerson, former tax counsel to the U.S.
- Advised a large, multistate financial company on the development of its standalone payroll system for use following a spin-off from its publicly traded parent. As part of the compliance review, evaluated more than 200 different types of earnings and deductions for purposes of determining the proper tax base for federal income tax withholding, FICA taxes, and Federal Unemployment Tax Act (FUTA) tax purposes, as well as state income tax withholding and state unemployment insurance tax treatment in more than 20 states and numerous counties, school districts, and cities.
- Successfully resolved in IRS Appeals a large multinational company’s lengthy employment tax dispute with the IRS, which included fringe benefits, cross-border compensation, business expense reimbursements, relocation expenses, settlement payments, information reporting (e.g., Forms 1099), and related intentional disregard penalties of over $100 million.
- As part of an internal compliance review, reviewed the federal payroll tax implications of a large company’s travel plan for executives and directors, including spousal travel, personal use of corporate aircraft, and deduction disallowance rules for entertainment use of the aircraft by executives.
- Successfully represented a large restaurant chain in its compliance review by tip specialists of the IRS National Tip Reporting Program for purposes of ensuring the company’s continued participation in the Tip Reporting Alternative Commitment (TRAC) program.