News | May 27, 2025
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Loss of Profit Assessment Resulting from Tax Shelter Involvement
Background
Calculation of potential damages to a Company resulting from its involvement in a tax shelter.
Our Role
Secretariat professionals were engaged by a Major Wall Street Investment Bank in a dispute with a Fortune 500 Corporation resulting from a tax shelter provided by the Bank and to assess the alleged damages claimed by the Corporation.
Outcome
The analysis required an understanding of two foreign partnerships, including the flow of funds, profits and losses, nature and characteristics of the financial instruments bought and sold, economic relationship between the partners, use of interest rate swaps as hedging strategies employed by the individual partners, ability of the partnerships to hedge certain business risks and ultimately damages. The results of our analysis led to a successful settlement for our client.
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