Practice Areas
Education
Vanderbilt University School of Law, J.D.
State University of New York at Albany, M.S. of Taxation
State University of New York at Geneseo, B.S. Accounting
Honors
Recognized by Chambers USA: Guide to Leading Business Lawyers in the category: Tax (2009-2018)
Recognized by The Legal 500 United States in the category: U.S. Taxes: Contentious (2016-2017)
Selected for inclusion in Georgia Super Lawyers (2012-2018)
Named a “Rising Star” by Georgia Super Lawyers (2007)
Bar Admissions
Georgia
Court Admissions
United States Supreme Court
United States Court of Appeals for the Second, Fifth, Seventh, Eleventh, D.C., and Federal Circuits
United States Court of Federal Claims
Multiple United States District Courts
United States Tax Court
Profile
Tom Cullinan is a Shareholder in the Firm's Atlanta office. Tom joined the Firm from the IRS, where he served as the Counselor to the IRS Commissioner and then as the acting IRS Chief of Staff.
While at the IRS, Tom was a member of the Commissioner’s core leadership team, and he advised the IRS Commissioner on the most critical issues facing the agency, including the IRS strategic plan and budget, staffing, internal operations, enforcement of tax laws and service to taxpayers. He was particularly involved in high-level enforcement issues. Among other things, Tom either conceived or helped launch the Office of Fraud Enforcement, the Office of Promoter Investigations, and the Joint Strategic Emerging Issues Team, all of which should be key IRS enforcement tools in the coming years. Tom also helped implement various policies pertaining to cryptocurrencies and served as an invited IRS representative to several Financial Stability Oversight Council meetings regarding cryptocurrencies.
Before joining the IRS, Tom spent twenty years as a tax attorney representing taxpayers in tax controversy matters. He has represented hundreds of taxpayers, including low-income individuals in pro bono matters, high net-worth individuals, partnerships, trusts and estates, and corporations in IRS audits, administrative appeals, and litigation, on a wide variety of tax issues often with significant amounts at issue. Tom pursues every possible opportunity to resolve tax disputes and is adept at negotiating acceptable resolutions. Yet, litigation is sometimes inevitable and he has a notable track record in that regard.
Tom works in the Firm’s tax controversy practice where he draws on both his extensive background representing taxpayers and his deep knowledge of the IRS organization, operations, and procedures.
Professional Affiliations
- Member, Internal Revenue Service Advisory Council (IRSAC) (2015-2017), and Chair of the Large Business & International (LB&I) Subcommittee (2016-2017)
- Member, Court Procedure and Practice Committee, American Bar Association Section of Taxation (2002 – present), Former Chair, Tax Shelter Litigation Subcommittee
- Member, Civil and Criminal Tax Penalties Committee, American Bar Association Section of Taxation (2003 – present), Former Chair, Civil Penalties Subcommittee.
- Member, Administrative Practice Committee, American Bar Association Section of Taxation (2003 – present)
- Fellow, American College of Tax Counsel (2014 – 2019, 2023-present)
- Former Member, Board of Governors, Court of Federal Claims Bar Association (2008 – 2010)
News
News
- Letter from Chamberlain Hrdlicka's Tax Controversy & Litigation Practice HighlightedAugust 22, 2024
- Tom Cullinan adds insight to Tax NotesAugust 1, 2024
- Tom Cullinan Adds Insights to Law360 ArticleJuly 10, 2024
- Tom Cullinan Adds Insight to Law360 ArticleJuly 3, 2024
- Tom Cullinan Adds Insight to Tax Notes DiscussionJuly 2, 2024
- Tom Cullinan adds Insights to Tax Notes ArticleJune 4, 2024
- Tom Cullinan quoted in Tax Notes articleApril 25, 2024
- Tom Cullinan in Tax Notes articleMarch 20, 2024
- Cullinan discusses his insights on the IRSMarch 2, 2024
- Atlanta Shareholder Tom Cullinan Named Forbes ContributorJanuary 24, 2024
- Tom Cullinan is included in a round-up of legal sources discussing what is next after the IRS rescinded criminal summonses from its Malta pension plans.December 11, 2023
- Tom Cullinan included in Tax Notes Federal articleNovember 22, 2023
- In a letter to the editor in Tax Notes Federal, Tom Cullinan questions the IRS-CI investigation into Malta pension plansNovember 21, 2023
- Tom Cullinan quoted in Tax Notes Federal articleOctober 25, 2023
- Tom Cullinan included in Wall Street Journal articleOctober 9, 2023
- Tom Cullinan in Tax Notes Federal InterviewOctober 6, 2023
- In a letter to the editor in Tax Notes Federal and Tax Notes International , Tom Cullinan discusses how the good intentions of the IRS have gone awry following the proposed regulations for Malta PensionsOctober 3, 2023
- Tom Cullinan included in an article published in Tax Notes FederalSeptember 25, 2023
- Tom Cullinan quoted in Tax Notes Federal articleSeptember 19, 2023
- Tom Cullinan discussed the Employee Retention Credit in a recent interview with Tax Notes Talks PodcastAugust 17, 2023
- Tom Cullinan quoted in Tax Notes Federal articleAugust 7, 2023
- Tom Cullinan highlighted in Bloomberg Tax articleBloomberg Tax, July 17, 2023
- Tom Cullinan quoted in Tax Notes articleTax Notes, July 10, 2023
- Tom Cullinan’s insight on working for the IRS included in an article that discusses the IRS’s new approach to recruitingTax Notes, June 15, 2023
- Tom Cullinan quoted in article, “Proposed Regs Name Malta Pension Scheme as Listed Transaction,” in Tax NotesTax Notes, June 7, 2023
Presentations
Seminars & Presentations
- Panel: Enforcement of COVID Relief ProgramsAtlanta, Georgia, September 18, 2024
- Panel: The IRS's New Partnership Tax Organization: Origins and Early ExperiencesTyson's Virginia, September 10, 2024
- NYU 16th Annual Tax Controversy Forum, Handling Employee Retention Credit Audits and Investigations - Coloring in the Lines, June 27-28, 2024
- Federal Bar Association, 2024 Tax Law Conference, [Enforcement Criminal] Defending Malta Pension Plans – Lessons Learned and What Lays Ahead, March 1, 2024
- The University of San Diego School of Law & Chamberlain International Tax Institute, Tax Treaty Interpretation: Do They Mean What They Say (e.g Malta Pension Plans), February 20, 2024
- Tax Controversy ERC Update: Pending Legislation, IRS Voluntary Disclosure Program, and Audit & Appeals Issues , Chamberlain Hrdlicka Webinar, Presented January 4th and 25, 2024
- USC Gould School of Law 2024 Tax Institute, Handling High Wealth Tax Payer Examinations – What We Can Expect After the New IRS Inflation Reduction Act Funding, January 23, 2024
- 71st Annual Taxation Conference – IRS Operations: Looking Back and Looking Ahead, University of Texas, Austin, Texas, December 14, 2023
- 40th ABA Criminal Tax Fraud & Tax Controversy, Las Vegas, Keynote Panelist – A Look into the Future of IRS Enforcement – A Discussion with Leading Tax Controversy Thought Leaders, December 7-9, 2023
- The Tax Man Cometh - What Increased IRS Enforcement Means for Taxpayers and Their Advisors, Chamberlain Hrdlicka 38th Annual Atlanta Tax and Business Planning Seminar, November 29, 2023
- Keynote Lunch Discussion: A Peek Behind the IRS Curtain, and the Future of IRS Enforcement, Chamberlain Hrdlicka 46th Annual Houston Tax and Business Planning Seminar, November 1, 2023
- 58th Annual Southern Federal Tax Institute, Increased Enforcement in a Post-Inflation Reduction Act World, October 30, 2023
- Employee Retention Credit: IRS Audit Activity – What to Know and How to Prepare, U.S. Chamber of Commerce, Washington DC, October 19, 2023
- IRS Update: Considerations for Tax Practitioners after the IRS Moratorium on Processing Employee Retention Credit Claims (September 2023) Chamberlain Hrdlicka Webinar
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Litigating (and Resolving?) Syndicated Conservation Easement Cases, June 8-9, 2023
NYU School of Professional Studies, 15th Annual Tax Controversy Forum
Publications
Publications
- Tom Cullinan Contributes to ForbesAugust 6, 2024
- Tom Cullinan, with Chuck Rettig, Contributes to ForbesJuly 1, 2024
- Tom Cullinan Contributes to ForbesJune 26, 2024
- "What's Next for ERC Refund Claims Pending With The IRS?", Tom Cullinan - Forbes, May 23, 2024
- "Understanding The IRS' Heavy-Handed Interpretation Of Tax Fraud," Tom Cullinan - Forbes, February 10, 2024
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“How to face the IRS attacks on Malta pension plans” Tom Cullinan, Kevin Sweeney and John Kirbo - Accounting Today, July 25, 2023
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IRS Budget Increase: Early Activity Shows a Focus on the Employee Retention Credit, Malta Pension Plans, Monetized Installment Sales, and Other Emerging Issues for Tax Enforcement, Vol. 25, Issue 3 of Journal of Tax Practice & Procedure, Fall 2023