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State and Local Taxation of Energy Services and Commodities

Cullen and Dykman LLP has represented regulated gas, electric, water and telecommunication utilities, large non-utility energy companies, gas and electric energy service companies (ESCOs), electric generation companies, pipeline companies, and other energy industry participants in connection with state and local sales and use taxes, gross receipts taxes, transfer taxes, other taxes unique to the energy industry, corporate income taxes, multi-state corporate taxation, commercial rent taxes, and related matters. The firm provides a full array of state and local tax assistance and advocacy, including tax planning, proposed transaction evaluation, securing advisory opinions, representation during state and local tax audits, negotiation with state and local tax authorities, tax litigation before state and local administrative agencies and state, trial and appellate courts, advice concerning tax policy and legislation, and general state and local tax advice.

In recent years, the firm has represented several energy clients in successfully challenging a series of related gross receipts tax audits involving NY City tax claims in excess of $50 million. Through litigation, and in some instances settlement negotiations, the firm succeeded in obtaining results that no taxes were due or owing. Similarly, the firm has assisted several clients in audits and transaction planning to materially reduce or eliminate exposure to claimed state or local taxes and potential tax claims affecting their ongoing or anticipated business activities.