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Education

  • LL.M., New York University School of Law, 2010
  • J.D., University of Chicago Law School, 2002, Executive Editor, University of Chicago Law School Roundtable; Joseph Henry Beale Prize for Legal Research and Writing (1999-2000)
  • B.A., The University of Texas at Arlington, 1995, cum laude; Alpha Chi Honor Society; Phi Alpha Theta Honor Society; Distinguished Honor Roll – College of Liberal Arts (Fall 1993, Spring 1994); Honors College (1992-1994)

Bar and Court Admissions

  • New York
  • District of Columbia
  • U.S. Tax Court
  • U.S. Court of Federal Claims
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Other Professional Affiliations

ABA Section of Taxation, Court Procedure & Practice Committee: Subcommittee Chair for Committee on Government Submissions (2012 – present) and Current Developments (2007 – 2012)

New York State Bar Association, Tax Section

New York County Lawyers Association, Tax Section and In-House/Outside Counsel Committee

Rachel L. Partain

Of Counsel, New York
(212) 379-6071
rpartain@capdale.com | v-card | PDF
Rachel L. Partain is Of Counsel to Caplin & Drysdale where her practice focuses on representing high-net-worth individuals (HNWIs), corporations, and TEFRA and other partnerships in complex federal and state tax controversy and litigation matters.

In 2012, she was awarded the Nolan Fellowship by the American Bar Association's Section of Taxation.  The award honors a select group of outstanding young tax lawyers from across the nation who have shown significant contribution, service, and leadership.  Ms. Partain is also distinguished with a Martindale-Hubbell® AV® Preeminent™ rating and was recognized by Super Lawyers as a "Rising Star" in 2013.

Services

In the tax controversy arena, Ms. Partain provides skilled counsel to clients involved in examinations, appeals, tax and bankruptcy litigation, collections, compliance reviews, and internal investigations. Moreover, she partners with clients to develop policies and procedures that help reduce their risks and enhance their business operations.

Ms. Partain routinely appears before the Internal Revenue Service, the Department of Justice, and other government regulators to advocate for her clients' best interests. Notable representations include:
  • resolve a tax-exempt bond examination with no changes; and
  • handle the resolution of a New York state franchise tax audit relating to whether a corporation was "doing business" in the state.
Ms. Partain also:
  • defends companies and individuals in IRS and state promoter investigations;
  • represents captive insurance arrangements involving income tax and federal excise tax (FET) issues;
  • advises clients with uncertain tax positions and related privilege issues; and
  • counsels high-net-worth individuals involved in voluntary disclosures of unreported foreign accounts and unfiled FBAR forms in connection with the IRS's OVDI, OVDP, and corresponding state programs.
Clients further benefit from Ms. Partain's substantial experience in advising businesses and HNWIs on how to structure transactions in a tax-efficient manner. Representations include:
  • counsel clients on debt equity characterization, debt modification, cancellation of indebtedness, income tax accounting, tax treatment of settlement payments, Section 382 limitations, and treaty issues; and
  • advise on matters relating to reorganizations, distributions, and inbound and outbound transactions.
An active participant in pro bono activities, Ms. Partain handles pro bono matters in Tax Court through the Duke University School of Law Low-Income Taxpayer Clinic and the New York University School of Law Tax Clinic.

Awards & Rankings

  • Super Lawyers, New York, Rising Star, 2013-Present
  • Nolan Fellowship, American Bar Association Section of Taxation, 2012
  • Martindale-Hubbell AV Preeminent

Recent Speaking Engagements

  • Speaker, Evolving Scope of Circular 230, American Bar Association, Tax Administrative Practice Committee Subcommittee on IRS Liaison Acitvities, Monthly Conference Call Meeting, October 15, 2014
  • Moderator, Ethical Issus in Federal Tax Practice - The Government Perspective, American Bar Association, 2014 Joint Fall CLE Meeting, September 20, 2014
  • Panelist, The Fallout from Loving: How Broad an Impact on Circular 230?, American Bar Association, Ethics and Professionalism CLE, July 16, 2014
  • Panelist, Hot Topics in Captive Insurance and Risk Pooling Arrangements, May 28, 2014
  • Moderator, Ethical Issues in Federal Tax Practice – The Government Perspective, American Bar Association, 2014 May Meeting, May 9, 2014
  • Panelist, The Fallout from Loving: How Broad an Impact on Circular 230?, American Bar Association, May 9, 2014
  • Speaker, Ethical Issues Arising from Conflicts of Interest in Litigation, American Bar Association 2014 Midyear Meeting, January 24, 2014
  • Speaker, Hot Topics in Captive Insurance and Risk Pooling Arrangements, American Bar Association 2014 Midyear Meeting, January 24, 2014
  • Moderator, Ethical Issues Arising from Conflicts of Interest, Especially When Criminal Tax Charges Are on the Horizon, American Bar Association, September 20, 2013
  • Moderator, Ethical Issues in Federal Tax Practice - The Government Perspective, American Bar Association, January 25, 2013
  • Moderator, Addressing Concerns About the Ethical Judgments of a Supervising Attorney, American Bar Association, 2012 Joint Fall CLE Meeting, September 14, 2012
  • Moderator, Compliance Issues at a Start-up, The New York County Lawyers' Association, June 27, 2012
  • Speaker, Court Procedure & Practice: Important Developments, American Bar Association, 2012 Midyear Meeting, February 17, 2012
  • Speaker, Current Developments, American Bar Association Section of Taxation Meeting, Court Procedure & Practice Committee (2007-2011), October 21, 2011
  • Moderator, Joint Defense Agreements, Part II, American Bar Association Section of Taxation Meeting, Court Procedure & Practice Committee (Denver, CO), October 21, 2011
  • Speaker, Judicial Deference Mock Argument: Application of Temp. Treas. Reg. § 301.6501(e)-1T(a)(1)(iii) in Smith v. Commissioner, American Bar Association, 2010 Midyear Meeting, January 21, 2010

Click here for a full list of speaking engagements.

Recent Publications

  • "IRS May Restrict Informal Refund Claims for LB&I Taxpayers Under Exam," Procedurally Taxing, November 26, 2014
  • "IRS Issues Final Regulations on Material Advisor Penalties," Caplin & Drysdale, August 4, 2014
  • "ABA Section of Taxation Comments on Proposed Amendments to the Rules of the United States Tax Court," American Bar Association, March 1, 2012
  • "Protecting Yourself and Your Client in a Joint Defense Arrangement," ABA Section of Taxation News Quarterly, February 1, 2012
  • "ABA Section of Taxation Comments on Proposed Amendments to the Rules of the United States Tax Court," American Bar Association, March 1, 2011
  • "Summary of Recent Developments for 2009," American Bar Association Section of Taxation, Court Procedure & Practice Committee, September 1, 2009
  • "Summary of Recent Developments for 2008," American Bar Association Section of Taxation, Court Procedure & Practice Committee, September 1, 2008
  • "Meeting Newsletter," American Bar Association Section of Taxation, Court Procedure & Practice Committee (2006-2007), May 1, 2007
  • "ABA's Comments Concerning the Tax Court's Proposed Amendments Regarding Privacy and Public Access to Electronic Case Files," American Bar Association, April 13, 2007

Click here for a full list of publications.