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Theodore (Ted) R. Bots

Partner
Baker & McKenzie LLP

Biography

Ted Bots is a partner in the Firm's Chicago office where he serves as an advisor to multinational companies providing a full range of state and local tax services covering planning, restructurings, as well as tax litigation an controversy matters.

Ted is well recognized for his speeches throughout the country on a variety of state and local tax issues at national, regional and local tax conferences including those hosted by Council On State Taxation, Tax Executives Institute, Inc., Taxpayers' Federation of Illinois, Chicago Tax Club, Chicago-Kent College of Law, California Tax Bar & California Tax Policy Conference, among others.

Practice Focus

Ted represents a variety of U.S. and foreign multinationals providing advice regarding various state income/franchise, sales/use tax and unclaimed property issues, including nexus, business/nonbusiness income, unitary business principles, and U.S. Constitutional concepts. Ted has represented clients in tax controversies before courts and/or administrative tax tribunals in numerous states including: AL, AK, CA, CO, IL, IN, KY, LA, ME, MD, MS, MI, MN, MO, MT, NY, NC, ND, OH, OR, VT, WA, and WI. Ted has also represented clients on state tax matters before the state supreme courts in IL, OH, MO and IN as well as the U.S. Supreme Court (Director of Revenue v. CoBank, ACB, 531 U.S. 316 (2001) (second chair oral argument and on brief).

In addition to tax controversy and litigation matters, Ted routinely provides state tax advice in connection with client business transactions, restructurings, reorganizations, mergers and acquisitions. Ted also works with clients on effective tax rate and state tax planning projects.

Representative Legal Matters

  • Advises diverse US- and foreign-based multinationals on all aspects of state income/franchise, sales/use tax and unclaimed property issues, including nexus, business/non-business income, unitary business principles and US Constitutional concepts.
  • Represents clients in tax controversies before courts and/or administrative tax tribunals throughout the US including: Alabama, Alaska, California, Colorado, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Michigan, Minnesota, Missouri, Montana, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, Texas, Vermont, Washington and Wisconsin.
  • Represents clients on state tax appeals before the US Supreme Court and various state high courts and courts of appeal, including second chair in oral argument before the US Supreme Court [Director of Revenue v. CoBank, ACB, 531 US 316 (2001)].

Professional Associations and Memberships

  • American Bar Association - Section on Taxation, Committee on State and Local Taxes; Former Chair, Internatonal Tax Issues Subcommittee
  • Chicago Bar Association - Former Chair, State and Local Tax Committee; Former Member CBA Leadership Nominating Committee
  • Taxpayers' Federation of Illinois - Member of Board of Trustees, Advisory Board Member; Current Chair, Illinois Franchise Tax Reform Subcommittee
  • Chicago-Kent College of Law - Annual Federal Tax Institute Planning

Admissions

  • Illinois~United States (1994)

Education

  • Drake University (M.B.A.) (1994)
  • Drake University Law School (J.D., Honors) (1994)
  • Northern Illinois University (B.S. Finance) (1991)

Languages

  • English

Presentations

Speaker, COST and OFII 2018 Forum on U.S. State and Local Taxes for European Companies; London, England, May 2018

Speaker, "Tax Report: State and Local Impact," IIT Chicago-Kent College of Law, Chicago, IL, May 2018

Speaker, "Special Report: State Tax Implications of Federal Tax Reform," COST Pacific Southwest Regional State Tax Seminar, Phoenix, AZ, February 2018

Publications

Co-author , U.S. Supreme Court Eliminates the Physical Presence Standard in Landmark South Dakota v. Wayfair, Inc., Ruling, Salt Savvy.com, 22 June 2018

Co-author, Indiana Tax Court Rejects Department’s Long-Standing Market-Based Application of Indiana’s Costs of Performance Sourcing Statute, Salt Savvy.com, 22 December 2017