Kostelanetz & Fink LLP

New York Office

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This content is provided by Kostelanetz & Fink LLP.

Number of partners: 12
Number of lawyers: 27
Languages: English, Arabic, Bulgarian, French, Hebrew, Hindi, Mandarin, Spanish, Urdu

Firm Overview:
Kostelanetz & Fink, LLP has an unparalleled reputation for representing clients in sensitive and high stakes negotiations and controversies with government agencies, including tax audits and trials, regulatory investigations, white collar criminal matters, and complex litigation. The firm has successfully defended some of the largest federal tax shelter matters in history and has represented thousands of clients in cases involving allegations of failure to file tax returns, fraudulent tax reporting, failure to report foreign bank accounts, and preparation of false tax returns. The firm also provides tax planning advice, estate planning, and representation in government procurement and government contracting matters. More information about the firm and our attorneys is available at www.kflaw.com.

Main Areas of Practice: 

-Civil Tax Controversies & Litigation
-Transactional Tax Planning
-Criminal Tax Fraud
-Securities Fraud & Enforcement
-Commercial Litigation
-Other Government Investigations
-Estate & Tax Planning, Wealth Management
-Government Contracts

Civil Tax Controversies & Litigation:
■ Represent clients before the IRS, and state and local tax authorities including administrative appeals
■ Obtain private letter rulings or other relief from the IRS National Office
■ File for protection under the competent authority and mutual assistance provisions of tax treaties
■ Represent clients before the US Tax Court, federal district and appellate courts, and state courts
■ Advise clients on opportunities for filing voluntary disclosures to avoid criminal prosecution and reduce civil penalties, including offshore initiatives

Tax Planning:
Advise companies and individuals on a host of tax matters including:
■ Complex domestic and international transactions and arrangements
■ All stages of a business enterprise’s operations, including establishing executive compensation arrangements, withdrawing profits from a business, acquiring a target enterprise, and leveraged acquisitions
■ Planning opportunities for expanding a US business overseas to treaty and non-treaty jurisdictions
■ Foreign investment in US companies and other assets, and cross-border joint ventures
■ Mergers and acquisitions of target companies, including cross-border acquisitions
■ Consolidated return issues, intercompany transactions, and tax attributes
■ Transactions between related parties, including transfer pricing issues such as cost sharing agreements
■ Tax impact of debt restructurings, recapitalizations, and tax-free exchanges of real property

Tax Fraud:
■ Defend clients facing federal and state criminal tax investigations during all phases of investigation and/or prosecution, including trial and sentencing
■ Represent corporations and individuals against allegations of failure to report income, failure to report foreign bank accounts or other offshore assets and transactions, fraudulently overstated deductions, failure to collect and pay employment taxes, preparation of false returns, failure to file returns, conspiracy to impede or obstruct the IRS, and other tax-related crimes
■ Represent clients in sensitive civil tax audits that may result in a referral to the IRS’s Criminal Investigation Division
■ Defend against civil fraud penalties and other tax penalties, including foreign asset reporting penalties

Other White Collar Criminal Matters:
■ Defend corporations and individuals in white collar criminal matters, including high-visibility federal and state grand jury investigations, regulatory enforcement proceedings, criminal trials, and forfeiture proceedings
■ Represent clients in securities fraud matters, including allegations of insider trading and accounting fraud involving public companies
■ Represent clients in criminal antitrust matters, including traders and salespeople involved in the foreign currency exchange market
■ Represent clients facing allegations of money laundering, bank fraud, mail and wire fraud, honest services fraud, health care fraud, customs fraud, and fraud relating to public construction contracts
■ Represent corporations and individuals in connection with investigations by the New York State Attorney General, including the defense of qui tam/ whistleblower actions

Estate & Tax Planning, Wealth Management:
■ Sophisticated estate planning for high net worth individuals, including drafting complex wills and trusts to maximize wealth transfer, minimize taxes, and achieve philanthropic goals
■ Wide range of cross-border tax planning, including pre-immigration planning, expatriation planning, structuring US investments and businesses for non-US persons, and inbound and outbound trust planning
■ Advise trustees on all aspects of trust administration
■ Assist executors and administrators with all aspects of estate administration, including estate tax return preparation and estate tax audits

Government Contracts:
■ Practice focuses on New York city and state agencies and is guided by NYC’s former contracting chief, with 22 years of state and local procurement experience
■ Represent contractors, subcontractors, investors, executives, and government officials
■ Corporate clients range from Fortune 20 to privately held, often in high profile cases
■ Advise at all procurement stages from presolicitation planning through litigation
■ Advise clients responding to solicitations regarding exceptions to terms and conditions, disclosure obligations, lobby law compliance, and ethical rules
■ Appear before agencies and courts on disputes such as bid protests, non-responsiveness appeals, and responsibility investigations, hearings, and challenges
■ Negotiate government contract terms and conditions
■ Represent targets, subjects, and witnesses in investigations and defend contractors and subcontractors in default and debarment proceedings
■ Prosecute lawsuits to collect damages for contract terminations (for convenience or cause)
■ Handle False Claims Act, M/WBE, and prevailing and living wage investigations and lawsuits