Jenny A. Austin

Clients across all industries, including life sciences, manufacturing, consumer products, and technology, turn to Jenny Austin for representation in matters of federal tax controversy and litigation. Jenny guides clients through all stages of tax controversies, from IRS audits to administrative appeals, alternative dispute resolution proceedings, and litigation. She regularly advises clients facing a variety of domestic and international issues on strategies to avoid tax disputes around the world and on creative ways to resolve them.

• Abbott Laboratories v. Commissioner, T.C. Nos. 20227-23, 15235-24, 20193-24 (§951A regulation challenge, capital loss on the liquidation of a controlled foreign corporation, among other issues)
• Keysight Technologies, Inc. v. United States, No. 1:25-cv-00137 (Court of Federal Claims)
• Kentucky League of Cities, Inc. v. Airbnb, Inc., No. 23-CI-01086 (Franklin Circuit Ct., Ky.) (represent Airbnb)
• Garcia v. Commissioner, 140 T.C. 141 (2013) (characterization of income)
• VERITAS Software Corp. v. Commissioner, 133 T.C. 297 (2009) (§ 482 cost sharing)
• Garcia v. Commissioner, T.C. No. 11574-13 (characterization of income)
• Medtronic, Inc. v. Commissioner, T.C. No. 17488-08 (§ 482 cost sharing)
• Apollo Education Group Inc. v. Department of Revenue, State of Oregon, Case No. 150352C
• The University of Phoenix Inc. v. Indiana Department of State Revenue, 88 N.E.3d 805 (Ind. Tax Ct. 2017)

Other experience

Represented various companies in:

• A variety of transfer pricing disputes, such as the licensing of intangible property or trademarks, the sale of tangible goods, intercompany financing, guarantee payments, cost sharing, and stock-based compensation
• Economic substance, substance over form, and step transaction challenges by the IRS
• Disputes with the IRS over transactions governed by subchapter C and subchapter K
• Debt-equity characterization disputes
• Valuation disputes

• New York University School of Law, LLM in Taxation
• Washington University School of Law, JD
  Washington University Law Review
• Washington University, BSBA, AB

• Illinois

• Board Member, Midwest Region, UNICEF USA
• Member, Tax Authority: Federal, US Editorial Advisory Board, Law360 (2019)
• 40 Under 40, Chicago Lawyer and Chicago Daily Law Bulletin (2018)
• Recommended, Tax: US taxes: contentious, The Legal 500 US (2018)
• Member, Practice Group of the Year, Tax, Law360 (2017)
• Vice Chair, Transfer Pricing Committee, Tax Section, American Bar Association (2017–present)