Derek Rose is an attorney at Bryan Cave Leighton Paisner LLP and his practice areas include municipal finance, tax-exempt organizations and federal and state income tax litigation.
Mr. Rose’s municipal finance practice includes representing numerous municipal bond issuers in connection with audits commenced by the Internal Revenue Service, including investigations asserting individual penalties under Code Section 6700. He participated in the consolidated action Harbor Bancorp & Subsidiaries v. Commissioner, the first case in which the Internal Revenue Service litigated its right to assess bondholders of municipal obligations the IRS determined were not exempt. In addition, Mr. Rose has represented bond counsel in proceedings before the Securities Exchange Commission relating to activities surrounding the issuance of tax-exempt bonds. He also has worked with the National Office on several ruling requests for tax-exempt organizations and the beneficiaries of tax-exempt financing.
Mr. Rose has represented a wide variety of other taxpayers before the Internal Revenue Service and in the federal courts in areas as diverse as depreciation disputes, the eligibility to claim research tax credits and deductions for dividends paid to an employee owned stock option plan. He was successful in litigating before the Federal Circuit Court of Appeals the ability of sellers to retain unconstitutionally collected coal excise taxes in Ontario Power v. United States, and has successfully represented numerous taxpayers on state tax issues before the Missouri Supreme Court.
- State and Local Taxation