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Henry J. Birnkrant

Partner


Henry Birnkrant’s practice focuses on U.S. taxation of various types of domestic and cross-border transactions and, in particular, transfer pricing. Mr. Birnkrant counsels large multinationals with extensive cross-border operations. He is also the co-leader of the Firm’s tax practice groups.

Mr. Birnkrant is a fellow of the American College of Tax Counsel, chair of the Tax Treaty Subcommittee of the Taxation Committee of the United States Council for International Business, a member of the board of advisors of the Journal of International Taxation, a member of the Thomson West Tax Advisory Board, and a member of the Washington International Tax Study Group. He has been an invited participant in the OECD Transfer Pricing Experts consultations. He is a co-author of a Practical Guide to U.S. Transfer Pricing and an author or co-author of numerous articles on cross-border taxation and transfer pricing.

Mr. Birnkrant is a Phi Beta Kappa graduate of the University of Rochester, from which he received his B.A., magna cum laude, with high distinction in economics. He received his J.D. from Columbia University School of Law and an LL.M. in Taxation from New York University School of Law. He is admitted to the District of Columbia Bar and the Bars of the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Tax Court, and the U.S. Court of Federal Claims. He is listed in Euromoney Legal Media Group’s Best of the Best 2007, Euromoney Legal Media Group’s December 2008 Guide to the World’s Leading Transfer Pricing Advisors, and the 2008 edition of The Best Lawyers in America.

Representative Experience

  • Persuaded an IRS Appeals Officer to withdraw all of the $31 million of adjustments that the IRS examination team had proposed for the U.S. subsidiary of a large Japanese multinational and the accompanying transfer pricing penalty that IRS management had approved.
  • Represented a U.S. multinational in securing unilateral advance pricing agreements that provided transfer pricing certainty for transactions with its Irish manufacturing subsidiary and European distribution subsidiaries.
  • Planned the tax-efficient restructuring of U.S. operations and transfer of U.S. assets of a Japanese multinational to enable those operations and assets to be included in a newly-formed joint venture corporation that is managed and controlled outside the U.S.


Publications
March 2007
January 2006
"The IRS Issues Proposed Cost Sharing Regulations," Corporate Business Taxation Monthly, January 2006.

Henry J. Birnkrant

The Atlantic Building
950 F Street, NW
Washington, D.C. 20004-1404
Phone: 202-756-3319
Fax: 202-756-3333

Education

  • Columbia University
    (J.D., 1979)
  • New York University
    (LL.M., 1983)
  • University of Rochester
    (B.A., 1976)

Admitted to Practice

  • District of Columbia