Myszka, Joseph

Joseph A. Myszka

Partner
Baker & McKenzie LLP

Biography

Joseph Myszka is a partner in Baker McKenzie’s Palo Alto office. He advises domestic and international enterprises on US federal income tax issues, with a focus on resolving complex tax disputes and international tax planning. Mr. Myszka writes and speaks frequently on international tax topics, including federal tax controversy issues, transfer pricing, and foreign tax credits.  He is a co-author of the Foreign Corporations chapter of Federal Income Taxation of Corporations & Shareholders, the leading treatise covering US federal income taxation of corporations and shareholders.

Practice Focus

Mr. Myszka advises clients at all stages of federal income tax disputes, including audit preparation and management, during administrative appeals, in alternative dispute resolution forums, and before the US Tax Court. Mr. Myszka has extensive experience in resolving disputes involving transfer pricing, subpart F, and foreign tax credit issues. He also has significant experience advising clients on high technology tax issues, structuring international operations, cross-border transactions, and transfer pricing matters. Mr. Myszka assists clients in the high-technology, consumer products, medical device and financial service industries, among others.

Representative Legal Matters

  • Nike, Inc. & Subsidiaries v. Commissioner, T.C. Docket No. 16869-16

  • Nike, Inc. & Subsidiaries v. Commissioner, T.C. Docket No. 10776-15 

  • First Data Corp. v. Commissioner, T.C. Docket No. 7042-09 (Petition filed 20 March 2009).

  • Represented clients in all aspects of transfer pricing disputes, including pre-audit planning, during audit, before IRS Appeals, and in litigation.

  • Secured IRS concession on section 41 research credit matter covering over 10 years and nearly USD1 billion in qualified research expenditures.

  • Assisted European-headquartered software company on structuring US and global operations.

  • Represented numerous Swiss Banks in connection with US Department of Justice disclosure program.

  • Advised US-based multinationals with restructuring their international operations to manage subpart F exposure and foreign tax credit utilization opportunities.

Professional Associations and Memberships

  • Certified Public Accountant - Member, State of California

  • American Bar Association - Member, Section on Taxation

Admissions

  • U.S. District Court, Northern District of California~United States (2012)
  • California~United States (2008)
  • U.S. Tax Court~United States (2008)

Education

  • Santa Clara University School of Law (J.D.) (2008)
  • Santa Clara University (M.B.A. Finance) (2008)
  • University of Nevada (B.S. Business Administration and Accountancy) (2003)

Languages

  • English