Tax Counsel Iv

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Tax Counsel IV
The candidate will work under the general direction of the Assistant Chief Counsel (CEA B) of the Litigation Bureau, handles, directs and acts as the lead attorney in highly complex, sensitive and important sales and use tax litigation with particular emphasis in critical consumer class actions filed against the Company with significant potential revenue impact. Formulates vital litigation strategies for highly complex sales and use tax litigation matters challenging the validity of sales and use tax regulations and the Company application of the Sales and Use Tax Law, and acts in a lead capacity over other Litigation Bureau tax litigation attorneys in sales and use tax litigation matters. Responsibilities include litigating highly complex, sensitive and important sales and use tax matters through all phases of litigation, including appeals to the highest courts. Under the general direction of the Assistant Chief Counsel (CEA B) of the Litigation Bureau, the Tax Counsel IV handles, directs and acts as the lead attorney in highly complex, sensitive and important sales and use tax litigation with particular emphasis in critical consumer class actions filed against the Company with significant potential revenue impact. Formulates vital litigation strategies for highly complex sales and use tax litigation matters challenging the validity of sales and use tax regulations and the Company application of the Sales and Use Tax Law, and acts in a lead capacity over other Litigation Bureau tax litigation attorneys in sales and use tax litigation matters. Responsibilities include litigating highly complex, sensitive and important sales and use tax matters through all phases of litigation, including appeals to the highest courts. Acts in the capacity of lead attorney in highly complex, sensitive and important sales and use tax litigation with particular emphasis in critical consumer class actions filed against the company. Directs, manages and coordinates the work of Litigation Bureau tax litigation attorneys handling sales and use tax litigation matters. Leads, manages and directs the litigation strategy for consumer class actions and other highly technical and complex sales and use tax litigation matters for all phases of litigation, from inception of case through appeal. Directs and oversees the drafting of all pleadings, briefs, discoveries, and the research and analysis of highly technical and complex procedural and substantive sales and use tax law issues handled by Litigation Bureau tax litigation attorneys, the Department of Justice, and outside counsel. Litigates, in conjunction with the Department of Justice and outside counsel, highly important, complex and sensitive sales and use tax litigation with particular emphasis in critical consumer class actions filed against the company, which, in many cases constitute multi-million dollar tax refund actions and, thus, expose the state to significant potential revenue loss. Defends the company in all phases of litigation of these highly complex sales and use tax litigation matters, including actions challenging the validity of company-adopted quasi-judicial sales and use tax regulations interpreting the Revenue and Taxation Code, actions raising highly complex constitutional questions and challenges, and other actions involving highly important and sensitive legal and tax policy issues. Drafts and/or reviews all critical litigation documents and court filings including pleadings and briefs, discovery plans, discovery requests/responses, and motions and petitions in these highly complex sales and use tax litigation matters. Performs analytical assignments and other special projects, including preparing litigation reports. Performs other job-related duties. Typical tasks performed by Tax Counsels engaged in administering those provisions of the Revenue and Taxation Code for which the FTB and BOE have responsibility include: applying and interpreting complex law involving individuals or sophisticated and unique business organizations and other governmental entities; conducting research and drafting legal opinions, position papers, rulings, briefs, orders, and pleadings; participating as departmental attorney or as hearing officer in connection with administrative proceedings involving proposed tax assessments or claims for refund; advising the FTB, BOE, departmental staff, local government entities, and the public with respect to the application of complex tax laws; appearing before the BOE in support of departmental positions, acting as departmental counsel with respect to personnel matters, and appearing in that capacity before both administrative law judges, boards, commissions, and the judiciary; assisting in court proceedings and pretrial discovery matters; supporting the attorney general in litigation against the Department and coordinating departmental efforts in that regard; drafting of legislation, regulations, and interpretive opinions; assisting in bankruptcy proceedings; advising departmental personnel with respect to the legal ramifications of proposed actions; working with advisory committees, citizens' groups, legislative, and professional associations on studies of ways to improve the laws administered by the FTB and BOE; speaking before tax forums, conferences, professional groups, and negotiating with outside counsel on the legal aspects of major tax disputes; and advising the respective Boards, departmental staff, and the public with respect to confidentiality of tax return information.

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