Brian Bernhardt

Tax Attorney | Former IRS Office of Chief Counsel

Brian is a co-chair of Fox Rothschild’s Tax Controversy & Litigation practice group, a Chambers-ranked tax controversy attorney, and a member of the firm’s White-Collar Criminal Defense & Regulatory Compliance, Tax-Exempt Organizations, and Appellate practice groups.  A former trial attorney with the Internal Revenue Service Office of Chief Counsel, Brian has represented clients on tax matters before the IRS, the Department of Justice Tax Division, the U.S. Tax Court, the U.S. Court of Federal Claims, and multiple U.S. District Courts. Brian has also represented clients on non-tax matters before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the Fourth Circuit Court of Appeals.

Brian represents companies and individuals in audits, criminal investigations, appeals, collections, refund claims, and Tax Court and District Court litigation. He also has extensive experience in advising clients on issues regarding foreign bank account reporting (FBAR) obligations, Voluntary Disclosure Programs, conservation easements, penalty assessments, trust fund investigations, tax shelter investigations, and pandemic related audits, investigations, and fraud, including PPP Loans, EIDLs, and ERC claims.  Brian is a contributor to the Fox Rothschild Tax Controversy & Financial Report blog, and also serves in the role of outside general counsel for charities and other tax-exempt and nonprofit organizations, advising them on a variety of governance and tax matters.