- 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)
- 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
- American Bar Association, Tax and Litigation Sections
- Fellows of the American Bar Foundation
- American Health Lawyers Association (AHLA)
- Vice-Chair, Tax Section, Philadelphia Bar Association, Member, Business Section
- Third Circuit Bar Association
- Member, 2019 Irish Legal 100
James R. Malone, Jr.
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 as a member of the Administrative Practice Committee. He contributed to the ABA Tax Section’s September 2017 comment letter on the proposed regulations for the new partnership audit regime. Mr. Malone’s contributions focused on the regulations addressing the partnership representative’s role. Mr. Malone provides regular commentary on federal, state and local tax matters on his blog, Tax Controversy Posts.
The Best Lawyers in America©, a peer-reviewed publication, selected Mr. Malone for inclusion in its most recent 2020 Edition in the categories of Litigation and Controversy - Tax and Commercial Litigation. In 2019, he was honored as a member of the Irish Legal 100. For information about this selection and an overview of common third-party publications, rankings, and lists methodologies, click here.
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.