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James Malone Jr.

Education

  • Temple University James E. Beasley School of Law (L.L.M. in Taxation, with Distinction)
  • Villanova University School of Law (J.D., Cum Laude)
  • Lafayette College (B.A. in English)

Bar Memberships

  • Pennsylvania

Court Admissions

  • Supreme Court of Pennsylvania
  • U.S. Supreme Court
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Courts of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Tax Court
  • U.S. Court of Federal Claims

Affiliations

  • American Bar Association, Tax and Litigation Sections
  • Pennsylvania Bar Association, Tax Section
  • Philadelphia Bar Association, Tax and Business Sections
  • Third Circuit Bar Association

James R. Malone, Jr.

Principal

Philadelphia

(215) 587-1051

(215) 320-4700 Fax

jmalone@postschell.com

James R. Malone, Jr.  is a Principal in the Firm’s Tax Controversy Practice, representing clients in disputes with federal, state and local tax authorities in both administrative proceedings and in court. His clients include businesses, non-profits, individual taxpayers, accountants, and tax preparers.

In federal tax matters, Mr. Malone represents clients before the Internal Revenue Service and in the U.S. Tax Court, the U.S. Court of Federal Claims, or U.S. District Courts. For state and local tax matters, Mr. Malone represents clients before the Department of Revenue, before local administrative agencies and in the Pennsylvania courts. Mr. Malone focuses on securing the best possible outcome for clients, either through settlement or litigation. He combines litigation experience with extensive knowledge of federal, state, and local tax laws and procedures that allow him to represent clients through the full lifecycle of a tax controversy, including the following types of engagements:

  • Audit defense
  • Administrative appeals
  • Deficiency and refund actions
  • Collection cases
  • Cases involving compliance deficiencies, such as unfiled or delinquent returns and voluntary disclosure matters

In addition to providing representation in active tax controversy matters, Mr. Malone provides compliance advice on federal, state, and local tax issues to clients across a broad array of industries, including health care, hospitality, retail, financial services, commercial construction, manufacturing, and professional services.

Mr. Malone is a member of the Tax Council of the Philadelphia Bar Association and of the State and Local Tax Committee of the Philadelphia Bar Association’s Tax Section. He is also active in the Tax Section of the American Bar Association, where he has contributed to policy comment projects on the new partnership audit procedures and other matters as a member of the Administrative Practice Committee. Mr. Malone provides regular commentary on federal, state and local tax matters on his blog, Tax Controversy Posts.

Mr. Malone also represents clients in Commercial Litigation matters, and has extensive experience as an appellate advocate.

Prior to joining Post & Schell, Mr. Malone was the principal and founder of an independent law firm focused on tax controversies and related litigation.