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Mark Berg has over 30 years’ experience handling high-stakes federal, New York State and New York City tax controversies and advising clients on the tax and business aspects of a variety of complex transactions.

Mark’s extensive experience with high-stakes tax controversy matters includes representing individuals and entities at the audit stage, at the administrative appeals or conciliation level and where necessary at trial and on appeal.  Mark’s approach to these matters over the years has been to develop a thorough understanding of the relevant facts by speaking with the client and the client’s employees and other relevant individuals and reviewing the relevant documents, to prepare an overwhelmingly persuasive written presentation to the tax authorities by applying his deep knowledge of the applicable law to the underlying facts and to work with the tax authorities to arrive at a favorable resolution of the matter that is often a complete victory for the client.

Mark has very successfully applied this approach in a number of federal tax controversy matters involving issues ranging from international tax issues such as source and characterization of compensation and royalty income, transfer pricing adjustments and application of tax treaties to purely domestic tax issues such as reasonable compensation and the proper treatment of interest income and expense.  He has also had notable success with this approach in New York State and City tax controversy matters involving issues including statutory residency, domicile, source and characterization of income, assignments of income and deductibility of interest.  Mark has also applied this approach successfully in connection with the resolution of non-U.S. tax disputes, including in the context of simultaneous joint audits of the firm’s clients by the United States and another country.

Mark also advises clients on a variety of complex transactions involving international, corporate, partnership and New York State and City tax issues, including cross-border planning for businesses and high-net-worth individuals and domestic and international transactions involving corporations, partnerships, joint ventures, limited liability companies and S corporations as well as real estate investment trusts and debt workouts.  In these cases, Mark applies his extensive knowledge of the tax law and his experience with business transactions to come up with a creative and effective approach to achieve the client’s business objectives in a tax-efficient manner.  Mark also has extensive experience in implementing the tax and business planning by preparing and negotiating the necessary agreements and other documents.

A frequent author and lecturer, Mark is a co-editor of the Business Entities Journal's International Taxation Department, and has been the pass-through entities columnist and a member of the Board of Advisors and Contributors of the Journal of S Corporation Taxation, and a member of the Board of Advisors of the Journal of Limited Liability Companies.

Prior to the formation of Feingold & Alpert in 1993, Mark served as law clerk to Judge Theodore Tannenwald, Jr. of the United States Tax Court, following which he was an associate at Weil, Gotshal & Manges and subsequently at Roberts & Holland.