Scott serves as Senior Counsel in the firm's Taxation Group. For more than 30 years, Scott Clark has been at the forefront of the tax planning & state tax controversy arena. He has handled a vast number of diverse high-profile cases and issues and has significant tax experience representing both prominent entertainers and personalities, ultra-high net worth individuals, family offices, and well-known domestic and multi-national companies, particularly those based in the U.S., Canada, and Europe.
Scott has been integrally involved with cutting-edge tax issues impacting income and sales taxes, transfer taxes, global communications and digital taxes, and issues of personal residency and domicile, among others. He has served as a senior advisor to many of the world's most significant companies on issues of tax planning, controversy and settlements of cutting-edge tax disputes in most of the 50 states. Scott has been particularly well-known for his work early-on in the telecommunications, broadband and internet tax arena, the hotel and travel “intermediary” industry, and currently with respect to the taxation of digital products in the various states. He served as an initial drafter of the early white papers on the taxation of e-commerce, technology and communications, at which time he was involved in the formation and activities of the Congressional Advisory Commission on Electronic Commerce, as well as similar commissions and industry groups around the country since then.
Prior to joining private law practice, Scott was an equity partner and co-leader of PwC’s national multistate tax and legal services (TLS) Communications Industry practice, where he advised on tax planning and settlements of major tax disputes, and served as a senior tax advisor to many of the world's largest communications companies. Earlier, he served for many years as the Associate Tax Counsel for GTE (now Verizon) Corporation, where he acted as legal advisor and counsel with respect to tax audit, protest and litigation matters and also employee benefit matters. As such, he assisted in the litigation of numerous substantial state tax and certain notable federal tax issues around the country. He was integrally involved in the implementation of GTE’s U.S. Supreme Court Goldberg decision, which set the national standard for state income/ franchise tax apportionment, and he also served to guide the litigation of several other notable state court decisions, among them, the Kentucky Supreme Court’s GTE decision, and New York’s Southern Pacific & GTE Spacenet decisions.
Among his many accolades and accomplishments: Scott is a Fellow of the American College of Tax Counsel and is a Certified Public Accountant in New York State. He has served as board member, officer or chair of numerous key organizations throughout the country focused on tax, legal and business issues. He is a long-time member of the executive committee of the Tax Section of the Connecticut Bar Association and is also an active member of the state bar in Florida, New York, and Washington DC. Scott lectures frequently throughout the country on tax, legal and financial matters.
Representative Experience
- Represented the senior corporate officers of one of the largest energy companies on the successful almost total mitigation of significant responsible person tax assessments.
- Litigated one of the most significant individual tax credit cases for one of the county’s largest real estate developers.
- Advised one of the nation’s largest developers of multi-family housing on numerous tax planning, audit, and litigation matters across the county.
- Advised several of the largest non-US based luxury and internet retailers on tax registration and collection issues all across the country in light of the U.S. Supreme Courts Wayfair
- Handled a great variety of high-profile tax audits and cases representing both prominent entertainers and personalities on tax domicile, residence, and tax apportionment issues.
- Advised on a significant number of high-profile asset and stock sale transactions including acquisitions and divestitures throughout the country.
- Served as outside tax counsel to a multi-billion dollar brand name marketing company in litigation on a significant and notable New York sales tax issue.
- Served as outside tax counsel to a Fortune 25 communications company with respect to a $20 plus million state tax litigation matter.
- Served as outside tax advisor to a brand name on-line travel services company with respect to national multistate litigation.
- Developed and implemented significant tax planning techniques and advised companies on the reduction and potential elimination of the federal communications excise tax.
- Designated as outside tax counsel to a multi-billion heavy equipment manufacturer on various state and federal excise tax audits and litigation.
- Served as advisor to the Board of Directors and General Counsel of a multi-billion brand name public company on significant state tax reserve issues.
- Provided tax counsel and advice to numerous corporate CEOs and executives on tax residency audits & litigation.
Honors & Awards
- Fellow – American College of Tax Counsel
- Bloomberg State Tax Advisory Board
- Certified Public Accountant (inactive) - New York State
Publications and Speeches
- "Tax Considerations for U.S. Inbound Business Activities" International Fiscal Association USA Speaker, October 12, 2023
- “Changing Domicile For Tax Purposes Is Beneficial If Done Correctly” Author, July 6, 2023, Family Wealth Report
- "Remote Work," Federation of Tax Administrators, Panelist, June 12, 2023, Providence, RI, Federation of Tax Administrators
- "Federal & State Audits: Preparing for the Inevitable," Larry Kraus Tax Institute for Family Offices, Panelist, January 12, 2023
- “The Daunting Mix of Taxes and a Passion for Collectible Cars”, Newsletter Fall 2022, Co-author, November 18, 2022
- “New York Appeals Court Holds for Taxpayer in Significant Win on Residency”, Advisory, July 2022
- "The Cutting Edges of Multistate Taxation," Federal Tax Institute of New England 2022, Presenter, April 28, 2022
- "Ethics and the Corporate Tax Department," hosted by Tax Executives Institute Westchester-Fairfield Chapter, Presenter, March 16, 2022
- “Application of New York's 'Convenience of the Employer' Rule in Times of COVID-19”, Newsletter Winter 2022
- “25 Years Later: Where's Your Domicile? Still a Vexing Question.” Newsletter Co-author, December 15, 2021
- “Connecticut Tax Amnesty Program Is Open," Advisory, November 8, 2021
- “The Changing Shape of Business in New York," Anchin Executive Forum: Presenter, June 9, 2021
- “States Taxes – Handling Disputes” Council on State Taxation (“COST”) Forum on U.S. State & Local Taxes for Canadian Companies (Toronto ON, June 2018)
- “Tax Ethics” Tax Executive’s Institute (“TEI”) Annual Westchester-Fairfield Tax Day Meeting (Stamford CT, May 2017)
- “The Leading Edge of State Tax Controversy: Dominant Cases and Issues from Around the Country” TEI New Jersey Chapter (Randolph NJ, February 2016)
- “The State of Privilege” TEI Annual Conference (Philadelphia PA, October 2016)
- “The Leading Edge of State Tax Controversy” Stamford Tax Association (Stamford CT, May 2016)
- “State Tax Audit Issues” COST & Canada CPA Society, Forum on U.S. State & Local Taxes for Canadian Companies (Toronto ON, June 2015)
- “Sales Tax Treatment of Cloud Computing, Digital Products and Related Services” North Eastern State Tax Officials Organization (“NESTOA”) (Mystic CT, September 2015)
- “How Wynne Affects Personal Income Tax Filings” New York City Bar Association (New York NY, September 2015)
Memberships and Affiliations
- American College of Tax Counsel
- Bloomberg State Tax Advisory Board
- Certified Public Accountant
- Harness Tax Advisory Council
- American Bar Association, Tax Section,
- Florida Bar Association, Tax Section,
- Connecticut Bar Association, Tax Section, Executive Committee
- New York State Bar Association, Tax Section
- Tax Executives Institute
- Council on State Taxation (Former Board Member)
- State Tax Lawyer, American Bar Association, Senior Editor
- Florida Bar Journal/News Editorial Board
- Connecticut Bar Journal, Board of Editors
News, Events & Insights
Education
- Elisabeth Haub School of Law at Pace University, J.D.
- Quinnipiac University, L.L.M.
- The George Washington University, B.B.A.
Previous Experience
- Day Pitney LLP, Chair: Multistate Practice
- Dentons US LLP, Tax Partner
- Thelen LLP, Tax Partner
- PwC, Tax Partner
Areas of Practice
Admissions
- Connecticut
- District of Columbia
- Florida
- New York