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A. Brian Phillips

A. Brian Phillips

Former DOJ-Tax Division Trial Attorney (Honors Program) & Assistant U.S Attorney
  • Tax Law, White Collar Crime, Bankruptcy
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Biography

As a former Assistant United States Attorney and U.S. Department of Justice Trial Attorney (Tax Division), Mr. Phillips has substantial experience, training, and resources for handling complex, high-impact civil tax controversy and criminal tax defense litigation cases. While serving as a United States Department of Justice Trial Attorney in the Tax Division (Honors Program) and as an Assistant United States Attorney in the Middle District of Florida, Mr. Phillips handled numerous civil and criminal tax matters and served as the lead Asset Forfeiture attorney in the Orlando office of the United States Attorney where he also prosecuted a large number of white collar criminal cases.

As a top rated Florida white collar criminal defense attorney, Mr. Phillips has represented numerous clients throughout the U.S. When your matter impacts your freedom, life-time accomplishments and reputation, you need an attorney with the ability to navigate every challenge.

Mr. Phillips is an Adjunct Professor of Law at the University of Florida in the acclaimed L.L.M. in Taxation program (Procedures in Tax Fraud Course) and at Barry University (White Collar Crime and Income Tax courses).

Some of Brian's reported cases include: U.S. v. Kowalik, 809 F.Supp. 1571 (S.D.Fla. 1992); Boca Airport, Inc. v. U.S., 838 F.Supp 576 (S.D. Fla. 1993); Boca Airport, Inc., v. U.S., 840 F.Supp. 120 (S.D.Fla. 1992); Macks v. Clinton, 843 F.Supp. 1440 (M.D.Fla. 1993); United Petro/Energy Corp. v. U.S., 846 F.Supp. 993 (S.D.Fla. 1994); U.S. v. Stoecklin 848 F.Supp. 1521 (M.D.Fla. 1994); Kowalik v. Morris, 1993, WL,484949, 72 A.F.T.R.2d 93-5888, 93-2 USTC P 50, 575 (S.D.Fla., Aug 23, 1993) (No. 92-7209-CIV-MARCUS); Macks v. Clinton, 1993 WL 597112, 72 F.R.T.R.2d 93-6046 (M.D.Fla., Sep 01, 1993 No. 91-1069-CIV-J-20); In re Wines, 122 B.R. 804 (Bankr.S.D.Fla., 1991 modified, 1992 WL 200602, Bankr.L.Rep. P 74, 674 (S.D.Fla., Apr 08, 1992)(No. 91-0433-CIV-MARCUS); and quite a few others.

Practice Areas
    Tax Law
    Business Taxes, Criminal Tax Litigation, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits
    White Collar Crime
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Fees
  • Free Consultation
    Free Tax Case Evaluations.
  • Credit Cards Accepted
  • Contingent Fees
    If permissible.
  • Rates, Retainers and Additional Information
    Virtual Video Meetings available.
Jurisdictions Admitted to Practice
U.S. Court of Appeals - 11th Circuit
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U.S. District Court, Middle District of Florida
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U.S. District Court, Northern District of Florida
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U.S. District Court, Southern District of Florida
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U.S. Supreme Court
ID Number: U.S. Court of Appeals
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United States Tax Court
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Managing Attorney
Tax Workout Group, P.A.
- Current
Criminal Tax Defense and Complex Civil Tax Litigation Practice group Leader.
Adjunct Professor of Law - Procedures in Tax Fraud Cases
University of Florida - Levin College of Law (LLM Taxation Program)
- Current
Adjunct Professor
Barry University Dwayne O. Andreas School of Law
- Current
Teaches white collar crime and income tax courses.
Managing Partner
A. Brian Phillips, P.A.
- Current
Assistant United States Attorney
United States Attorneys Office (Middle District of Florida)
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Mr. Phillips handled numerous civil and criminal tax matters and served as the lead Asset Forfeiture attorney in the Orlando office of the United States Attorney. Prosecuted a large number of white collar criminal cases.
Trial Attorney
United States Department of Justice (Tax Division)
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Honors Program. During his tenure, Mr. Phillips handled numerous civil and criminal tax cases.
Education
University of Florida Levin College of Law
LL.M. (1990) | Taxation
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University of Tennessee College of Law
J.D. and MBA (1989) | Law
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Activities: Served as Executive Research Editor of the Tennessee Law Review.
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Vanderbilt University
B.S. (1985) | Accounting
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Awards
Outstanding Attorney Award
United States Department of Justice, Tax Division
Professional Associations
Orlando Shakespeare Theatre
Director and fmr. President
Current
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Orlando Opera
Director
Current
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University Club of Orlando
Director, fmr. President
Current
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University Club of Orlando Foundation
President, fmr.
Current
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Florida State Bar
Attorney
- Current
Activities: The Florida Bar (Co-Chair, Criminal Tax Procedure Committee, Federal Tax Division, Tax Section).
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Tennessee State Bar
Member
- Current
Activities: Tax Law Section Criminal Justice Section Litigation Section
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Speaking Engagements
Adjunct Professor, Barry College of Law, Income Tax I, Corporate Tax, Tax Fraud, & White Collar Crime
Adjunct Professor, Levin College of Law, LLM Program - Taxation
University of Florida
Procedures in Tax Fraud Cases
Websites & Blogs
Website
Blog
Tax Workout Group Blog
Legal Answers
1 Questions Answered
Q. Can I get a substantial underpayment penalty abated based on incorrect advice given to me by my accountant?
A: You will need to protest the 30-day letter's proposed adjustments. Generally, a taxpayer who can show "reasonable cause" has a good chance of securing penalty relief. Fully informed advice from a competent tax advisor is a solid ground for showing reasonable cause and obtaining such relief. Taxpayers are eligible for relief when they rely on actual advice from a tax professional (professional judgment or analysis of a tax advisor) as compared to the “tax preparation” or clerical tasks that are carried out in the preparation of the return itself.

If you in fact relied upon the erroneous advice from a tax professional, you must generally make the following showings: that the advisor was a competent tax professional who had sufficient expertise to justify reliance on such advice, you accurately provided all the necessary information to the advisor, the advisor must be a person other than yourself in which you reasonably relied in good faith on the advice rendered from such individual, and that such individual actually rendered the advice (the advice regarding the analysis and conclusion was in fact communicated to you).

This determination must consider all pertinent facts and circumstances. Some additional factors that will be relevant to this analysis include: whether the tax advisor was competent with respect to the specific tax matter at issue, whether the advisor was furnished with all relevant and necessary information to make a determination/conclusion, whether your reliance on the tax advice was reasonable (taking into account your education, sophistication with tax law, etc.) and whether the advice was based on reasonable factual or legal assumptions. One last important consideration is whether the position a tax advisor is recommending is “too good to be true” in the sense that the tax benefits proposed far outweigh the cost. When a tax benefit is too good to be true, you should be asking additional questions.

Remember, accountant and CPA are not the same thing! The protest process does require some finesse (and some additional facts), but I would say the prognosis is positive.
... Read More
View More Answers
Contact & Map
Tax Workout Group, P.A.
Orlando Office
121 S. Orange Avenue
Suite 1500
Orlando, FL 32801
Toll-Free: (866) 282-9333
Telephone: (321) 430-1045
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Miami Office
2915 Biscayne Boulevard
Suite 300
Miami, FL 33137
Toll-Free: (866) 282-9333
Telephone: (305) 203-1563
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Fort Lauderdale
1 East Broward Boulevard
Suite 700
Fort Lauderdale, FL 33301
Toll-Free: (866) 282-9333
Telephone: (954) 355-7137
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Boca Raton Office
150 East Palmetto Park Road
Suite 800
Boca Raton, FL 33432
Toll-Free: (866) 282-9333
Telephone: (561) 571-2004
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
West Palm Beach Office
1645 Palm Beach Lakes
Suite 1200
West Palm Beach, FL 33401
Toll-Free: (866) 282-9333
Telephone: (561) 861-0926
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Tampa Office
100 S. Ashley Drive
Suite 800
Tampa, FL 33602
Toll-Free: (866) 282-9333
Telephone: (813) 720-8320
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Tallahassee Office
113 South Monroe Street
First Floor
Tallahassee, FL 32301
Toll-Free: (866) 282-9333
Telephone: (850) 299-0862
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 PM
Friday: 8 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.
Tax Workout Group, P.A.
Jacksonville Office
50 N. Laura Street
Suite 2500
Jacksonville, FL 32202
Toll-Free: (866) 282-9333
Telephone: (904) 544-3778
Fax: (866) 511-2384
Monday: 8 AM - 8 PM
Tuesday: 8 AM - 8 PM
Wednesday: 8 AM - 8 PM
Thursday: 8 AM - 8 AM
Friday: 8:30 AM - 8 PM
Saturday: 10 AM - 6 PM (Today)
Sunday: Closed
Notice: Free Tax Case Evaluations.