Insights

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

New York – July 13, 2023: The National Law Journal has named Crowell & Moring partner S. Starling Marshall to its 2023 list of Tax Law Trailblazers. The list features lawyers who are “agents of change” and have made significant marks on their sector.

On November 12, 2025, the Tax Court issued a reviewed opinion in Patel v. Commissioner holding in favor of the IRS that the taxpayers’ transaction lacked economic substance, and therefore the taxpayers were liable for penalties under the codified economic substance doctrine at the increased penalty rate, as well as accuracy-related penalties. The Court previously held in a separate opinion that the taxpayers’ purported captive transactions did not constitute insurance because they failed to distribute risk, and in the alternative, that the micro-captives did not act as an insurer commonly would. 

In 2024, the U.S. Supreme Court determined that the civil penalties issued by the SEC against individuals for committing securities fraud were unconstitutional because they were levied without a jury trial.[1]

On August 15, 2025, the Treasury Department and IRS released updated guidance concerning Beginning of Construction requirements to qualify for clean energy tax credits. This new guidance is critical for developers to consider as they rush to qualify for the tax credits before they expire entirely. The much-anticipated guidance followed the July 7, 2025 Executive Order 14315, Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources (“July 7, 2025 Executive Order”), which signaled that the Trump Administration was planning to strictly enforce the termination of production and investment tax credits for solar and wind facilities that are set to expire under the One Big Beautiful Bill Act (OBBB Act), covered in more detail here. The new guidance comes at a time when many in the industry are struggling to keep up with the myriad ways that the new administration is working to roll back wind and solar tax credits, leaving developers to piece through the recent guidance to determine how best to structure and invest in clean energy projects given the volatile position of the current administration vis-a-vis wind and solar energy.

The Virtual 22nd Annual U.S. and Europe Tax Practice Trends Conference will focus on practical tax practice trends for multinational corporations and their international advisors, as well as provide insight into how government tax officials may view the international tax landscape in light of important international developments that impact corporate taxpayers. Panelists will include industry leaders, senior government and OECD officials, and leading tax practitioners. Starling Marshall will be speaking on panel "Cross-Border Enforcement Trends: Taxpayer Responses to New Enforcement Strategies."

Just as with the introduction of the internal combustion engine vehicle more than a century ago, the success of EVs will depend on the buildout of infrastructure required to power them: high-speed charging stations. President Biden’s infrastructure package calls for the federal government to provide $174 billion in incentives for the purchase of EVs, but even more importantly, for the construction of 500,000 fast chargers across the nation by 2030. This webinar will focus on:

The current administration is focused on proposing large shifts in tax law that will affect corporate and individual taxpayers, paired with $80 billion to boost the IRS enforcement efforts. Join us to hear about all aspects of Biden’s tax agenda, from legislative proposals in the American Families and Made in America Tax Plan, to Biden’s enforcement initiatives.