FacultyFaculty/Author Profile
James N. Mastracchio

James N. Mastracchio

Baker Hostetler LLP

Washington, DC, USA

Jim Mastracchio is a Practice Team Leader for BakerHostetler’s National Tax Controversy Practice and the local Tax Group Coordinator for the firm’s Washington, D.C., office. Mr. Mastracchio focuses his practice in tax controversy and litigation matters. He handles a broad range of civil tax disputes before the various examination divisions of the IRS, the IRS Office of Appeals and in federal courts. Mr. Mastracchio also represents clients facing criminal tax fraud investigations and criminal tax prosecutions.

Mr. Mastracchio is the author of Best Practices for Managing Tax Investigations, Inside The Minds: Common Issues in White Collar Law, Thomson West Publishing (2007). He is a frequent speaker on civil and criminal tax matters and has been extensively quoted in legal publications and in the national media. Mr Mastracchio holds a number of awards, including being cited as a leading national tax controversy attorney in U.S. Legal 500 Litigation Guide.

Selected Current Client Representations

Voluntary Disclosures and Related Civil and Criminal Investigations
Mr. Mastracchio represents taxpayers under civil IRS examination or facing criminal investigations resulting from undeclared foreign accounts. He also represents clients considering state and federal voluntary disclosures. He counsels clients who have accounts with HSBC, LGT Group, UBS Private Banking, Credit Suisse, Julius Bär, Bordier & Cie, Wegelin, the various Swiss Cantonal Banks and other financial institutions located in Switzerland and other off-shore jurisdictions. Mr. Mastracchio provides advice regarding various informational reporting requirements, including: Treasury FBAR (T.D. 90-22.1 Foreign Bank Account Reporting); IRS Form 3520 (Annual Return to Report Transactions with Foreign Trusts and Receipt of Foreign Gifts); IRS Form 3520-A (Annual Return of Foreign Trust With a U.S. Owner); IRS Form 5471 (Informational Return of U.S. Persons With Respect to Certain Foreign Corporation); IRS Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Withholding Form).

Structured Transaction Investigations and IRS Promoter Audits
Mr. Mastracchio currently represents individuals and entities facing 6700 penalty investigations and criminal investigations relating to tax shelter promotion and structured product sales.

IRS Examinations and Protests before the IRS Office of Appeals
Mr. Mastracchio currently represents taxpayers under examination by the IRS and he handles matters before the IRS Office of Appeals. Mr. Mastracchio has represented clients through the alternative dispute resolution proceedings, including IRS Post-Appeals Mediation and Appeals Fast-Track Settlement Program.

Tax Court Representation
Mr. Mastracchio currently represents clients in U.S. Tax Court regarding disputed property valuations.

Prior Professional Experience

Prior to his law career, Mr. Mastracchio was a Certified Public Accountant with a national firm focusing on tax compliance issues. As a result of his in-depth experience in the accounting field, he is often involved in complex civil litigation involving accounting practice and procedural tax issues.


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