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Paul H. Frankel

Senior Counsel
New York, (212) 468-8034
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Paul Frankel is senior counsel in the firm's Tax Department and State + Local Tax Group. He has represented taxpayers in major tax controversies in nearly all of the 50 states. He has negotiated settlements in hundreds of cases and won significant state Supreme Court cases in Kansas, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, and North Carolina. At lower levels he has won dozens of cases, including public record victories with important issues. He has continually fought for due process for industry, particularly for the replacement of internal hearing officer systems with independent, prepayment state tax court.

Mr. Frankel is routinely recommended by Chambers USA in Tax Controversy, and has been described by clients as “very sharp; definitely one of the top state and local tax attorneys.” He is also named as a leading lawyer by Legal 500 US 2013, and recommendedby Best Lawyers In America 2014, Euromoney’s Expert Guides and Super Lawyers 2009.

Mr. Frankel has served as National Chairman of Tax Executive Institute's (TEI) State and Local Steering Committee, Chairman of the Council on State Taxation (COST) Lawyer's Coordinating Subcommittee and Chairman of the National Foreign Trade Council's Worldwide Unitary Task Force. He is currently Chairman of Tax Management Inc.'s State Tax Advisory Board; a member of the New York City Tax Appeals Tribunal Advisory Committee, the CCH State Tax Advisory Board and the NYU Institute's State and Local Advisory Board; and co-chair of the NYU State Tax Forum. He is has authored many articles and is an editorial board member of the Multistate Tax Analyst and the Interstate Tax Insight.

Prior to joining Morrison & Foerster, Mr. Frankel was Senior Tax Counsel at W.R. Grace & Co. and a senior trial attorney for the IRS Regional Counsel's Office.

State Tax Settlement for Major Chemical Company.
Favorably settled a major state tax case in a Midwestern state for a national chemical company, resulting in complete elimination of the asserted deficiency.
Sherwin-Williams Co.
The Supreme Judicial Court of Massachusetts held that companies may legally reorganize themselves and, as long as the reorganization has economic substance, it must be respected for tax purposes even if the new structure also provides tax benefits.
ABB C-E Nuclear Power, Inc.
The Missouri Supreme Court ruled that the gain recognized by a corporation from the sale of a subsidiary in an IRC Section 338(h)(10) transaction constituted non-business income for Missouri tax purposes.
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