Marc J. Gerson
Member
Marc Gerson's practice focuses on federal tax policy, providing strategic advice and representation to clients before Congress, the U.S. Department of the Treasury (Treasury), and the Internal Revenue Service (IRS). Mr. Gerson was described by clients in Chambers USA as "incredibly responsive, a straight talker and well respected on Capitol Hill," who also noted that "[h]e has extensive government experience, and is extraordinarily bright, knowledgeable, and exceptionally responsive. We rely heavily not only on his superb technical expertise but his first-rate political and policy judgment." A commentator in Legal 500 noted "Marc Gerson is one of the best tax policy legislative strategists I have ever met." Mr. Gerson has been named a "Top Lobbyist" by The Hill and the National Institute for Lobbying and Ethics.
Prior to rejoining Miller & Chevalier, Mr. Gerson served as Majority Tax Counsel to the U.S. House of Representatives Committee on Ways and Means. In that role, he provided policy and technical analysis with respect to the development and evaluation of tax legislation. Mr. Gerson acted as the staff liaison to Committee on Ways and Means members, the U.S. Senate Committee on Finance, the Joint Committee on Taxation, and Treasury. He served as counsel on all major tax legislation enacted in the 109th Congress, including the Gulf Opportunity Zone Act of 2005, the Tax Increase Prevention and Reconciliation Act of 2005, and the Tax Relief and Health Care Act of 2006.
Prior to joining the Committee on Ways and Means staff, Mr. Gerson worked as Segment Tax Counsel for Textron Inc., a Fortune 200 multi-industry company, where he was responsible for all tax functions of its fastener and industrial product business segments.
Mr. Gerson is widely recognized for his expertise regarding tax technical corrections legislation. His article, "Technically Speaking: The Art of Technical Corrections" (Tax Notes) is regarded as the seminal work on the topic.
Representative Engagements
- Treatment of Excess Pension Plan Assets Under Section 420. Representing a Fortune 500 technology company, secured legislation in the Consolidated Appropriations Act, 2023, that extends and expands a provision that allows excess pension plan assets to be used to fund retiree medical and life insurance benefits. This change allows more employers to utilize assets from their overfunded pension plans to fund these important benefits, which is particularly important given the rising cost of health care and the decline of employer-provided retiree coverage in the United States. The firm has secured technical corrections to the provision in the pending Secure 2.0 Technical Corrections Act of 2023 to ensure it operates as intended by Congress. Consideration of that legislation is scheduled for later this year.
- Favorable Administrative Guidance Regarding Treatment of Loss Carryforwards In Connection With Telecommunications Merger. Secured favorable administrative guidance regarding the treatment of loss carryforwards to secure a significant tax benefit in connection with a telecommunications merger. As a result of the firm’s representation before the Treasury Department and the Internal Revenue Service, the applicable regulations contained a delayed effective date and a transition rule to exclude the merger from proposed limitations on the use of loss carryforwards that would have impacted the pricing and financing of the transaction.
- PFIC Legislation to Enhance the Availability and Affordability of Municipal Bond Insurance. Representing the world's leading financial guaranty insurer to secure legislation to address an unintended consequence of modifications to the passive foreign investment company (PFIC) insurance exception enacted as part of the Tax Cuts and Jobs Act (2017). In 2020, this legislation was included in a bipartisan bill introduced in the U.S. House of Representatives (H.R. 5746) and, separately, was also included in H.R. 2, The Moving Forward Act, which passed the U.S. House of Representatives. In 2021, the legislation was reintroduced in both the House and the U.S. Senate (as H.R. 4422 and S. 3217, respectively), and passed the House as part of HR. 5376, the Build Back Better Act. In 2023, the legislation was reintroduced in both the House and Senate (as H.R. 3105 and S. 1787, respectively). Enactment of the legislation will enhance the availability and affordability of municipal bond insurance to state and local governments.
- Tax Cuts and Jobs Act Technical Corrections Legislation. The firm was retained to pursue critical technical corrections to the Tax Cuts and Jobs Act (2017) to ensure that the legislation fully implements Congressional intent. Specifically, the firm was retained to pursue a technical correction to clarify that the cost recovery period for qualified improvement property is 15 years such that it is eligible for bonus depreciation. As a result of the firm's efforts, the technical correction was enacted in March of 2020 as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act. In addition, the firm was also retained to pursue a technical correction to clarify the application of the attribution rules under the Subpart F controlled foreign corporation rules to ensure that the repeal of the so-called "downward attribution" rule does not unintentionally impact common business ownership structures. This technical correction passed the U.S. House of Representatives in December of 2018 and November of 2021 and was reintroduced in 2022 in the U.S. Senate (S. 5349) and in 2023 in the House (H.R. 5751).
- Guidance Regarding Charitable Contributions of Inventory Property. Working with the Treasury Department and the Internal Revenue Service to secure comprehensive guidance regarding the tax treatment of charitable contributions of food inventory. This guidance project has been included on every Treasury Department/Internal Revenue Service Priority Guidance Plan since 2015-2016 and is essential to ensure that such contributions continue to satisfy the demand placed on food banks and hunger-relief agencies. This representation is the result of a prior engagement in which the firm received temporary guidance from the Treasury Department and the Internal Revenue Service by demonstrating the urgent need for immediate changes to the charitable-contribution regulations to eliminate the risk of reduced donations to these organizations.
- Qualification of Staffing Companies for Pass-Through Deduction. Working with a major industry trade association, secured qualification of staffing companies for the 20% deduction for pass-through income enacted as part of the Tax Cuts and Jobs Act (2017). The representation involved preparing written comments and providing public hearing testimony before the Treasury Department and the Internal Revenue Service to ensure that staffing companies qualified for the deduction.
- Qualification of Engineering Companies for Pass-Through Deduction. Working with a major industry trade association, secured qualification of engineering companies for the 20% deduction for pass-through income enacted as part of the Tax Cuts and Jobs Act (2017). Although engineering companies were ineligible for the deduction in the bills originally passed by the U.S. House of Representatives and the U.S. Senate, a targeted provision was added in the conference report allowing these companies to qualify for the deduction. The firm also successfully represented the trade association before the Treasury Department and the Internal Revenue Service to ensure that administrative guidance was issued consistent with the provision.
- ITIN Technical Correction. Successfully lobbied on behalf of a large real estate investment and management company for the inclusion of a technical correction in the Consolidated Appropriations Act, 2018 to facilitate the investment by foreign individuals in U.S. real estate investment funds by means of the individual taxpayer identification number (ITIN) program. As part of this representation, the firm secured a so-called "Four Horsemen" letter from the Chairmen and Ranking Members of the Senate Committee on Finance and the House Committee on Ways and Means requesting that the Treasury Department and the Internal Revenue Service issue administrative guidance to implement the technical correction before its enactment into law.
- S Corporation Legislation. Successfully lobbied for the inclusion of a provision in the Tax Cuts and Jobs Act (2017) that encourages non-cash charitable contributions by subchapter S corporations owned by electing small business trusts (ESBTs). Similarly, successfully lobbied for the inclusion of a provision in the Small Business and Work Opportunity Act of 2007 that allows ESBTs to finance the acquisition of S corporation stock.
- Alaska Native Corporation in "Landmark Purchase Agreement" with the United States Forest Service. Represented Shee Atiká, Inc., an Alaska Native Corporation, before Congress and the United States Forest Service in connection with the multi-phase acquisition by the federal government of approximately 22,000 acres within the Admiralty Island National Monument Wilderness. The representation involved resolution of several unique and precedent-setting appropriation, authorization, and budget issues. The Forest Service and Shee Atiká publicly referred to the transaction as a "landmark purchase agreement" and noted that the purchase was the "largest transfer of lands from a private inholding back into Forest Service-managed Wilderness in the history of the agency."
- Alaska Native Settlement Trust Legislation and Regulations. Successfully lobbied for the inclusion in the American Taxpayer Relief Act of 2012 of a permanent extension of an election allowing Alaska Native settlement trusts to maximize the benefits they provide to Alaska Natives, a population that is generally recognized as among the most economically disadvantaged in the United States. The firm also secured final regulations from the Treasury Department and the Internal Revenue Service that Alaska Native settlement trusts are not subject to the 3.8% net investment income tax enacted as part of the Patient Protection and Affordable Care Act (ACA). The representation involved preparing written comments and public hearing testimony and required convincing the Treasury Department and the Internal Revenue Service to reverse their original decision to subject the settlement trusts to the tax.
- Congressional Health Insurance Investigations. Represented a large regional health insurance company before the U.S. House of Representatives Committee on Energy and Commerce in connection with two concurrent Democratic committee staff investigations regarding short-term limited duration health insurance plans and COVID-19 testing coverage. The representation involved engaging with the Democratic committee staff and making multiple submissions in response to information requests from the staff.
Government Experience
- Majority Tax Counsel, U.S. House of Representatives Committee on Ways and Means, 2005 - 2006
In-House Experience
- Segment Tax Counsel, Textron Inc., 2000 - 2003
Rankings and Recognition
- The Hill: Top Lobbyist, 2021 - 2023
- National Institute for Lobbying and Ethics: Top Lobbyist, 2021 - 2022
- Chambers USA: Government Relations (Nationwide), 2015, 2017 - 2023
- International Tax Review: General Corporate Tax Notable Practitioner, 2024
- International Tax Review: "Americas Tax Awards": Tax Practice Leader of the Year (Shortlist), 2023
- Legal 500: Government: Government Relations, 2015 - 2023
- Legal 500: Tax: U.S. Taxes: Non-Contentious, 2015, 2019 - 2023
- Legal 500: Tax: International Tax, 2023
- The Best Lawyers in America®: Government Relations Practice, 2020 - 2023
- Washington's Top Lawyers: Tax (Washingtonian Magazine), 2017 - 2018, 2020, 2022
- Chambers USA: Tax (District of Columbia), 2018 - 2023
Affiliations
- Fellow, American College of Tax Counsel
- Member, Board of Advisors, The S Corporation Association
- Member, Steering Committee, Section on Taxation, Federal Bar Association
Admissions
State Admissions
- District of Columbia
Court Admissions
- United States Tax Court
- United States District Court for the District of Columbia
- United States District Court for the District of Maryland
- United States Court of Appeals for the Ninth Circuit
News and Events
News
Events
Speaking Engagement
FBA 2024 Insurance Tax Seminar
Speaking Engagement
The ERISA Industry Committee 2024 Spring Policy Conference
Speaking Engagement
2023 Blue Cross Blue Shield National Tax Conference
Speaking Engagement
58th Annual Southern Federal Tax Institute
Speaking Engagement
Federal Bar Association 2023 Tax Law Conference
Publications
Internal Publication
TAX TAKE: CAMT Regs Coming Out? Probably Not Anytime Soon
Internal Publication
TAX TAKE: Tax-Filing Day Can't Wait
Internal Publication
TAX TAKE: Congress Returns: What's Next for the Tax Bill?
Internal Publication