Craig B. Fields

Partner | New York

cfields@mofo.com | (212) 468-8193

cfields@mofo.com
(212) 468-8193

Obtaining stealth victories – those that resolve without the need for a trial – on many of my clients’ matters make me the most proud.

Craig is co-chair of MoFo’s Tax Department and chair of the firm’s State + Local Tax Group. He regularly litigates state and local tax matters and counsels clients on state and local tax planning.

In addition to representing clients in state and local tax controversies before administrative and judicial systems in jurisdictions throughout the United States, Craig has resolved hundreds of non-public record cases around the country.

One of Craig’s clients told Chambers USA 2018: “He is technically and procedurally great.”

Craig has secured successful outcomes for clients in state general jurisdiction courts and tax courts as well as appellate courts for a multitude of clients, including:

  • AE Outfitters Retail
  • Agilent Technologies
  • Daimler Investments US Corp.
  • Duke Energy Corporation
  • Kohl’s Department Stores
  • MeadWestvaco Corp.

He has also advised clients on the potential tax consequences, in many jurisdictions, of complex restructurings involving:

  • Corporation income (franchise) taxes
  • Sales and use taxes
  • Miscellaneous taxes

Craig received the NYU School of Professional Studies Paul H. Frankel Award for Outstanding Achievement in State and Local Taxation in 2017.

In 2019 he was selected as a Fellow of the American Bar Foundation.

Craig’s articles on U.S. state-and-local taxation have appeared in publications, including:

  • Journal of State Taxation
  • State Tax Notes
  • Tax Management’s Multistate Tax Report
  • COST State Tax Report
  • Research Institute of America’s State and Local Taxes Weekly
  • Journal of Multistate Taxation and Incentives
  • Journal of New York Taxation
  • Interstate Tax Report
  • The American Bar Association’s The State & Local Tax Lawyer

Craig also frequently delivers lectures on state-and-local tax issues and has spoken before organizations including:

  • Georgetown University Law Center’s Advanced State and Local Tax Institute
  • National Multistate Tax Symposium
  • New York University’s Institute on State and Local Taxation
  • Vanderbilt University Law School’s Paul J. Hartman State and Local Tax Forum
  • Tax Executives Institute
  • Council On State Taxation
  • Energy Tax Association
  • STARTUP
  • Tulane Tax Institute
  • Practicing Law Institute
  • Tax Section of the American Bar Association

Craig is a member of:

  • The Georgetown Law Center Advisory Board
  • The National Multistate Tax Symposium Advisory Board
  • The Advisory Board for The Journal of State Taxation
  • The Bloomberg BNA State Tax Advisory Board
  • The State Tax Notes Advisory Board
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Experience

  • The Colorado Court of Appeals held that the Department of Revenue could not forcibly include in a combined return a corporation’s subsidiary, a holding company that derived its income solely from investments in foreign entities, inasmuch as the Department was bound by its own regulation, which provided that a corporation without any property or payroll of its own cannot be included in a Colorado combined return.

  • The Virginia Supreme Court, in a 4-3 decision, held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition, the court agreed with the company’s alternative argument that a portion of the royalties qualify for the safe harbor when: (1) the royalties are taxed by states that require the royalty payor to add back the royalty payments; or (2) the royalties are taxed by states that require combined or consolidated reporting.

  • A New York State Administrative Law Judge held that the former Chief Financial Officer of a Fortune 500 Company, who was based in New York City while CFO but retired and then moved to Paris to be with his wife, a French domiciliary with whom he rekindled a relationship after more than 40 years apart, clearly established that he was no longer domiciled in New York, and therefore could no longer be taxed as a New York State and City resident.

  • The New Jersey Tax Court held that electric utilities taxes paid to North Carolina and South Carolina are not taxes “on or measured by profits or income, or business presence or business activity” and, therefore, are not required to be added back to the taxpayer’s federal taxable income for Corporation Business Tax purposes.

  • The Indiana Tax Court granted partial summary judgment against the Department of Revenue in a forced combination case.



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