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David B. Blair

Partner

dblair@crowell.com
Phone: +1 202.624.2765
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David B. Blair is a partner and chair of Crowell & Moring's Tax Group. Mr. Blair's practice is in the area of federal tax litigation and controversy. With over twenty years of tax litigation and trial experience, he has handled large tax litigations in the areas of transfer pricing, foreign tax credits, partnerships, tax-exempt bonds, consolidated returns, excise taxes, employment taxes, and tax accounting issues. He is also active in pro bono litigation. Where clients sought resolution short of litigation, Mr. Blair achieved outstanding results through alternative dispute resolution procedures, including the Internal Revenue Service's (IRS) Fast Track Settlement program. He also has extensive experience in handling tax controversies before IRS Exam, Appeals, National Office, and Advance Pricing and Mutual Agreement program (APMA).

A recognized authority on tax controversy, Mr. Blair taught transfer pricing as an adjunct professor at Georgetown University Law Center, and regularly speaks at tax conferences and symposia. He is the editor of The Transfer Pricing Answer Book (Practising Law Institute) and a co-author of the BNA Tax Management Portfolio No. 891-2nd, "Transfer Pricing: Audits, Appeals, and Penalties."

Mr. Blair has been named a recognized practitioner in the tax field by Chambers USA.

Mr. Blair began his career as a trial attorney for the Tax Division of the U.S. Department of Justice, where he litigated tax issues before the United States District and Bankruptcy Courts.

Representative Engagements

  • BrokerTec Holdings Inc. v. Commissioner, T.C. No. 3573-17 (Non-shareholder contributions to capital).
  • Exxon Corp. v. Commissioner, 113 T.C. 338 (1999) (Foreign tax credit for U.K. Petroleum Revenue Tax).
  • DeNaples v. Commissioner, 674 F.3d 172 (3d Cir. 2012) (Tax exempt interest).
  • Exxon Mobil Corp. v. Commissioner, 114 T.C. 293 (2000) (Tax accounting).
  • Mary Kay Corp. v. Commissioner, T.C. Nos. 18150-02 and 14352-03 (Transfer pricing regarding marketing intangibles).
  • Danstar Ferment, Inc. v. Commissioner, T.C. No. 12288-04 (Foreign personal holding company tax).
  • Representation of Branded Pharmaceuticals Company on International Tax Issues before IRS Exam and Appeals.
  • Representations of International Oil & Gas Companies on Partnership Issues before IRS Exam and Appeals.
  • Representation of International Oil & Gas Company on Section 45Q Environmental Credits before IRS Exam and Appeals.

Education

  • Georgetown University, B.A. (1985)
  • Cornell Law School, J.D. (1989) magna cum laude, Order of the Coif

Affiliations

Admitted to practice: District of Columbia and Massachusetts (inactive)

Court admissions:

  • United States Tax Court
  • United States Court of Federal Claims
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Northern District of Texas

Memberships

  • Vice-Chair, Inter-Pacific Bar Association's Tax Committee (2015-2017)
  • J. Edgar Murdock Inn of Court for U.S. Tax Court (1999-2017)

View More

"NOL Carryback Waiver Guidance for Consolidated Groups," Tax Alert (August 4, 2020). Contacts: David B. Blair, Charles C. Hwang, S. Starling Marshall, Eric Homsi
Client Alert / Newsletter
"A Primer On The Tax Credit For Carbon Oxide Sequestration ," Tax Notes (July 27, 2020). Authors: David B. Blair, David J. Fischer, Teresa Abney, and Carina C. Federico.
Publication
"INSIGHT: Impact Of Proposed IRS Regulations Under Section 45Q For Carbon Capture Credit," Bloomberg Law (June 17, 2020). Authors: David B. Blair, David J. Fischer, Teresa Abney, Carina C. Federico.
Publication
"IRS Announces Proposed Regulations Under Section 45Q for Carbon Capture Credit," Tax Alert (June 2, 2020). Contacts: David B. Blair, David J. Fischer, Teresa Abney, Carina C. Federico
Client Alert / Newsletter
"Top Questions Answered by New Section 162(f) Regulations," Tax Alert (May 13, 2020). Contacts: David B. Blair, S. Starling Marshall, Teresa Abney
Client Alert / Newsletter
Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.23.2020)
Firm News / Announcement
3rd Circ. Questions Tax Exemption In NJ Biz Grant Dispute Law360 (April 23, 2020)
Media Mentions
"Tax Relief is Here: How to Take Advantage and is There More to Come?" Crowell & Moring Webinar (April 3, 2020). Presenters: David B. Blair, S. Starling Marshall, Teresa Abney, and Eric Homsi.
Speech/Presentation
"Top 5 Tax Benefits to Battle COVID-19 Impacts," Tax Alert (April 2, 2020). Contacts: David B. Blair, S. Starling Marshall, Teresa Abney, Eric Homsi
Client Alert / Newsletter
"Tips for Managing Tax Audits During the COVID-19 Shutdown," Tax Alert (March 25, 2020). Contacts: Teresa Abney, David J. Fischer, David B. Blair
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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