Chief Counsel

Job Description

Chief Counsel, Massachusetts Appellate Tax Board

POSITION SUMMARY\:

The Appellate Tax Board (“ATB”) is seeking an experienced tax attorney to serve as its Chief Counsel. The ATB is a quasi-judicial board that functions as the Commonwealth’s tax court. The ATB hears and decides appeals of all state and local tax assessments, including local property tax assessments from the Commonwealth’s 351 cities and towns and assessments made by the Massachusetts Department of Revenue (“DOR”).

The Chief Counsel is responsible, among other duties, to\: review, edit and approve the ATB’s Findings of Fact and Reports and internal legal opinions; provide advice and consultation to ATB members on issues of taxation, procedure, statutory interpretation, discovery, evidence and related legal issues; assign, direct, and manage tax counsel and legal interns on all legal work of the ATB; consult on a daily basis with the Chairman on all aspects of the Board’s operations, including legal, administrative, and policy issues; attend the ATB’s weekly Motion Sessions and provide advice concerning motion dispositions; respond to requests for public information; and, in consultation with Chairman and the Board’s Chief Financial Officer, conduct budgetary reviews and submit agency budget approvals; and perform other duties as assigned by the Chairman.

GENERAL RESPONSIBILITIES\:

1.Intra-agency responsibilities

·Assign, review, and approve Findings of Fact and Reports

·Draft and/or review Orders and Decisions with Findings

·Supervise and evaluate tax counsel

·Advise ATB members on all legal and procedural issues

·Provide support to Chairman with respect to motions

·Advise clerks on jurisdictional and procedural issues

·Oversee mediation program

·Monitor appellate results

·Monitor legislation affecting the ATB

·Oversee updating of forms and ATB Standing Orders

·Maintain legal department database

·Prepare pending findings list

2.Public interface

·Oversee public information requests and update Sec. of State database

·Respond to procedural questions from the public

·Respond to questions concerning ATB precedents from public

·Respond to questions regarding status of findings requests from public

·Interact with Commonwealth auditors

·Interact with Attorney General, including contingent liability reports

·Interact with Executive Office for Administration and Finance, including legal counsel

·Draft and approve written correspondence with public

Job Description

Chief Counsel, Massachusetts Appellate Tax Board

POSITION SUMMARY\:

The Appellate Tax Board (“ATB”) is seeking an experienced tax attorney to serve as its Chief Counsel. The ATB is a quasi-judicial board that functions as the Commonwealth’s tax court. The ATB hears and decides appeals of all state and local tax assessments, including local property tax assessments from the Commonwealth’s 351 cities and towns and assessments made by the Massachusetts Department of Revenue (“DOR”).

The Chief Counsel is responsible, among other duties, to\: review, edit and approve the ATB’s Findings of Fact and Reports and internal legal opinions; provide advice and consultation to ATB members on issues of taxation, procedure, statutory interpretation, discovery, evidence and related legal issues; assign, direct, and manage tax counsel and legal interns on all legal work of the ATB; consult on a daily basis with the Chairman on all aspects of the Board’s operations, including legal, administrative, and policy issues; attend the ATB’s weekly Motion Sessions and provide advice concerning motion dispositions; respond to requests for public information; and, in consultation with Chairman and the Board’s Chief Financial Officer, conduct budgetary reviews and submit agency budget approvals; and perform other duties as assigned by the Chairman.

GENERAL RESPONSIBILITIES\:

1.Intra-agency responsibilities

·Assign, review, and approve Findings of Fact and Reports

·Draft and/or review Orders and Decisions with Findings

·Supervise and evaluate tax counsel

·Advise ATB members on all legal and procedural issues

·Provide support to Chairman with respect to motions

·Advise clerks on jurisdictional and procedural issues

·Oversee mediation program

·Monitor appellate results

·Monitor legislation affecting the ATB

·Oversee updating of forms and ATB Standing Orders

·Maintain legal department database

·Prepare pending findings list

2.Public interface

·Oversee public information requests and update Sec. of State database

·Respond to procedural questions from the public

·Respond to questions concerning ATB precedents from public

·Respond to questions regarding status of findings requests from public

·Interact with Commonwealth auditors

·Interact with Attorney General, including contingent liability reports

·Interact with Executive Office for Administration and Finance, including legal counsel

·Draft and approve written correspondence with public

REQUIRED QUALIFCATIONS

·Member in good standing of the Massachusetts Bar

·At least 10 years of experience in tax law and litigation practice

·Superior legal research and writing skills

·Effective oral and written communication skills, with the ability to communicate complex legal concepts clearly and persuasively

·Strong interpersonal and collaboration skills, with the ability to work effectively across diverse teams and stakeholders.

PREFERRED QUALIFICATIONS\:

·ability to manage individuals in varied job capacities;

·ability to oversee and conduct mediation sessions;

·ability to think and plan strategically to counsel ATB in an evolving environment

ADDITIONAL INFORMATION\:

Functioning as the tax court for the Commonwealth, the ATB receives and addresses over 3,000 appeals per year representing hundreds of millions of dollars in disputed taxes. Moreover, ATB decisions in major cases (representing millions of dollars each on their own) have a ripple effect in the law the Commonwealth and elsewhere stretches into billions of dollars over time.

The ATB’s Chief Counsel must be fluent in the multitude of tax issues on appeals presented for adjudication at the ATB. These include all tax types enforced by the DOR (such as corporate, personal income, sales and use, estate tax, and partnership tax) as well as the DOR’s administrative procedures which include the imposition of penalties. The Chief Counsel must also be able to address the many property-tax issues attendant to appeals from the Commonwealth’s cities and towns.

The Chief Counsel must provide effective counsel to the ATB’s five Members and supervise the ATB’s attorneys who are primarily responsible for producing the written opinions prepared for public distribution and memoranda used internally for consideration of appeals. Ultimately, the Chief Counsel, overseen by the ATB’s Chairman, is primarily responsible for the creation and review of all ATB opinions issued to the public.

The Chief Counsel must understand budgetary issues affecting the ATB and execute budget preferences as directed by the Chairman. The Chief Counsel also oversees and participates in the Board’s mediation program, which facilitates the expeditious resolution of disputes without the need for a trial.

In sum, the Chief Counsel must have the experience and temperament to effectively address novel and complex contested issues across many tax types and to chart a course in evolving tax law, as well as assisting in the management of the Board’s operational functions.

REQUIRED QUALIFCATIONS

·Member in good standing of the Massachusetts Bar

·At least 10 years of experience in tax law and litigation practice

·Superior legal research and writing skills

·Effective oral and written communication skills, with the ability to communicate complex legal concepts clearly and persuasively

·Strong interpersonal and collaboration skills, with the ability to work effectively across diverse teams and stakeholders.

PREFERRED QUALIFICATIONS\:

·ability to manage individuals in varied job capacities;

·ability to oversee and conduct mediation sessions;

·ability to think and plan strategically to counsel ATB in an evolving environment

ADDITIONAL INFORMATION\:

Functioning as the tax court for the Commonwealth, the ATB receives and addresses over 3,000 appeals per year representing hundreds of millions of dollars in disputed taxes. Moreover, ATB decisions in major cases (representing millions of dollars each on their own) have a ripple effect in the law the Commonwealth and elsewhere stretches into billions of dollars over time.

The ATB’s Chief Counsel must be fluent in the multitude of tax issues on appeals presented for adjudication at the ATB. These include all tax types enforced by the DOR (such as corporate, personal income, sales and use, estate tax, and partnership tax) as well as the DOR’s administrative procedures which include the imposition of penalties. The Chief Counsel must also be able to address the many property-tax issues attendant to appeals from the Commonwealth’s cities and towns.

The Chief Counsel must provide effective counsel to the ATB’s five Members and supervise the ATB’s attorneys who are primarily responsible for producing the written opinions prepared for public distribution and memoranda used internally for consideration of appeals. Ultimately, the Chief Counsel, overseen by the ATB’s Chairman, is primarily responsible for the creation and review of all ATB opinions issued to the public.

The Chief Counsel must understand budgetary issues affecting the ATB and execute budget preferences as directed by the Chairman. The Chief Counsel also oversees and participates in the Board’s mediation program, which facilitates the expeditious resolution of disputes without the need for a trial.

In sum, the Chief Counsel must have the experience and temperament to effectively address novel and complex contested issues across many tax types and to chart a course in evolving tax law, as well as assisting in the management of the Board’s operational functions.

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