Tax Counsel Iii specialist

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Tax Counsel III (Specialist)
The candidate under the direction of the Assistant Chief Counsel of the Foundations Division, handles complex and sensitive tax appeals involving Franchise and Income Tax Law and Sales and Use Tax Law. May act as a hearing officer for complex tax appeals; drafts opinions and recommendations; and represents the Foundation sections opinions’ regarding cases to the Hearings section of the Office of Tax appeals. Act in a lead capacity, directing and reviewing the work of other tax counsels in the Foundations Division. Acts as the draft opinion writer for complex tax appeals involving the Franchise and Income Tax law, and Sales and Use Tax Law. Independently conducts research on highly technical areas of law and drafts opinions and recommendations for highly complex tax appeals cases handled by the Hearings section of the Office of Tax Appeals. Holds informational conferences with taxpayers to ensure completeness of the argument and opinions presented. Provides substantive, procedural, and tactical direction and advice to colleagues; assists in preparing difficult appeals; and helps guide other attorneys in drafting opinions and recommendations. Provides unbiased legal advice and direction to the Administrative Law Judges assigned to hear cases Drafts internal deliberation memoranda to be presented to Administrative law Judges. Drafts post-hearing documents for firm as needed. Performs analytical assignments and works on special projects including preparing administrative reports, and other duties as assigned within the knowledge and skill of a Tax Counsel III, based on the operational needs of the agency. Responsible for making or participating in the making of governmental decisions that may potentially have a material effect on personal financial interests. 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, but are not limited to: 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. Should be well-experienced advanced or full journey level attorneys who have the experience and have developed the expertise necessary to capably perform the most complex and sensitive legal work of the FTB or BOE on an independent basis. Will be usually assigned only the most important legal work such as (1) analyzing and advising on very complex tax questions arising under the laws administered by the FTB or BOE; (2) preparing arguments and responsive pleadings involving the most difficult tax issues at the judicial and administrative levels; and (3) drafting and analyzing complex legislation, opinions, rules, and regulations. May act in a lead capacity over the work of other attorneys. Plan, organize, and direct the work of a small staff of FTB or BOE attorneys and, in addition, develop strategy in complex State tax disputes or litigation. They may also personally participate in the most difficult and complex litigation matters, negotiation, hearings, legal research, and opinion drafting.

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