Federal Court Litigation

As a Trial Attorney with the Department of Justice, Mark Milton served as lead counsel in complex litigation matters in federal district courts throughout the country.

Specializing in federal district court litigation, Mark understands the processes and how the system works enabling him to leverage positions in his clients’ favor.

Representative Litigation Experience

• Lead counsel in employment tax refund suit brought by an accountant assessed trust fund recovery penalties. Obtained jury verdict against the accountant for the full amount of the assessment.
• Lead counsel in lien priority dispute with medical service providers. Prevailed on summary judgment.
• Lead counsel in foreclosure action brought against salvage yard owner in Kansas City. Resulted in $220,000 settlement; fully paid.
• Lead counsel in wrongful levy action brought by a Minnesota bank after the IRS levied $90,000 in escrowed funds. Prevailed on cross-motions for summary judgment.
• Lead counsel in fiduciary liability action brought against the personal representative of an estate for failing to pay his deceased father’s tax debt while administering his father’s estate.
• Co-counsel in the first ever injunction action referred by the Large Business and International (LB&I) Division of the IRS. The case concerned the promotion of Distressed Asset Debt (DAD), Distressed Asset Trust (DAT), and § 743(f) tax shelters, which allegedly resulted in taxpayers claiming over $370 million in fictitious losses, and involved hundreds of taxpayers and witnesses located in the United States, Brazil and Switzerland. Full concession by all defendants.
• Co-counsel in first every injunction action brought under the Internal Revenue Code against a real estate appraiser. The case involved the appraisal of historic-preservation easements on landmark properties. Full concession by all defendants.
• Lead counsel in nationwide injunction actions against alleged tax shelter promoters and fraudulent federal tax return preparers:
  • Obtained permanent injunction against father and son tax return preparers in the Maryland suburbs of Washington, D.C.
  • Obtained permanent injunction against tax preparation firm and its owner who were represented by global Washington, D.C.-based law firm.
  • Obtained permanent injunction against disbarred attorney and former employee of Manhattan-based accounting firm.
  • Obtained permanent injunction against the promoter of a corporation sole tax-fraud scheme.
  • Obtained permanent injunction against tax return preparer for her alleged failure to exercise due diligence when preparing federal tax returns claiming the earned income tax credit.
  • St. Louis tax return preparers consented to permanent injunction on the eve of evidentiary hearing on the government’s preliminary injunction motion.
  • Conducted an evidentiary hearing with more than 10 witnesses against a Philadelphia tax return preparer; the Court granted a motion for preliminary injunction. Defendant later consented to a permanent injunction and was ultimately convicted of preparing false tax returns.

Professional Malpractice

As a DOJ Trial Attorney, Mark Milton vigorously pursued fraud cases against unscrupulous tax return preparers, CPAs, and lawyers whose negligent, reckless, and/or fraudulent conduct exposed their clients to millions of dollars in potential tax liabilities and even criminal prosecution.

If you have been mistreated, neglected and/or defrauded by a CPA or tax professional regarding the preparation of your tax returns, the sale of a tax shelter, or the promotion of some other illegal tax scheme, we can help you recover damages and pursue justice for you and others impacted. You may even be able to recover a tax whistleblower award in some cases.

Contact the tax litigation lawyers at Milton Law Group today for a consultation to discuss your legal needs.