Attorney Profiles
Maxwell A. Miller Salt Lake City, Utah
Max Miller is a shareholder in the Litigation and the Corporate and Tax departments where he practices extensively in the area of local, state and federal taxation. His practice also includes administrative law, constitutional law and government affairs. Previously, he served as Managing Attorney for Utah Legal Services in Provo, Utah; as Senior Attorney and Chairman of Legal Management for Mountain States Legal Foundation in Denver, Colorado; and as Assistant Attorney General in the Tax and Business Regulations Division of the Utah State Attorney General's Office.
Max has litigated significant tax and constitutional cases before administrative agencies and state and federal trial and appellate courts for clients such as Alliant Techsystems, Carbon County, Utah, Coastal Oil and Gas Corporation, Hercules Incorporated, Kennecott Utah Copper Corporation, J.C. Penney, MCI, The State of Utah, United Rentals, WorldCom, Viacom, National Right to Work Foundation, French Olympic Committee and other businesses and individuals.
Related Activities and Skills:
- Member, Ethics Advisory Opinion Committee
- Member, and Chairman, Board of Directors, Utah Taxpayers Association
- Utah State Bar, Former Chairman, Tax Section
- The Sutherland Institute (Utah "think-tank"), Former Member, Board of Trustees
- Utah State Bar, Government Law Section, Former Chairman
- Former President, Utah Lawyers Chapter, The Federalist Society
- American Bar Association, Committee on State and Local Taxation
- Co-Chair, 2000 Annual Meeting Utah State Bar
- Fluent in French
- Listed Among "Utah's Legal Elite," Utah Business
Published Works:
Classes/Seminars Taught:
"Tax Litigation in Nevada" , Lorman Seminar, July 25, 2007
"Recent Court Cases That Will Affect Taxpayers," Utah Taxpayers Association Utah Taxes Now Conference, April 26, 2005
- Corporate & Tax Law
- Estate Planning
- Litigation & Appeals
- Natural Resources Law
- Political/Governmental Law
- Constitutional Law
- Commercial Litigation
- Insurance Coverage Litigation
- Tax Litigation
- Business Organizations
- Media & Entertainment Law
- Retail Law
- Tax Planning & Litigation
- Tax Advocacy
- Property Tax Appeals
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals 3rd Circuit
- Colorado, 1983
- U.S. Supreme Court, 1979
- U.S. District Court District of Utah, 1976
- Utah, 1975
- University of Utah College of Law, Salt Lake City, Utah,
1975
J.D. degree
Law Journal:
Journal of Contemporary Law, An Editor, 1975
- Brigham Young University,
1972
B.A. degree Honors: Cum Laude
Honors: High Honors Honors: University Scholar
- L'Institut Catholique de Paris, France,
1974
Certificate, Highest Student Recognition: International Trade and Investment Regulation
- Gelding the Lilly: The Competitive Disadvantages to American Companies, Sutherland Journal of Law and Public Policy, March 15, 2004
- Tax Litigation Primer, Corporate Business Taxation Monthly, November, 2000
- The Resurgence of Federalism: The Case for Tax-Exempt Bonds, Texas Review of Law & Politics, Spring, 1997
- Property Tax Deskbook, "Utah Property Taxes", ABA Section on Taxation, 1996-2006 Edition
- Having Your Cake and Eating It Too: State Taxation of Corporate Intangible Income without Factor Representation, The State and Local Tax Lawyer, ABA Section on Taxation, 1996
- Reach Out and Tax Someone: State Taxation of Income from the Sale of Intangibles, Utah Bar Journal, June/July, 1995
- Valuing Illiquid Property: The Pitfalls of Yield Capitalization, Journal of Property Tax Management, Spring, 1995
- Reforming the Reformation, A CPS Amendment to our New Administrative Procedures Act, Utah Bar Journal, Aug/Sept., 1988
- Judicial Activism and the Constitutional Amendment Process, 9 Journal of Social, Political and Economic Studies 293, 1984
- Can Education Survive the New Equality?, 9 Journal of Social Political and Economic Studies 4, 1983
- Evenly Dividing a Nine-Member Court: The Political Question Doctrine in Coleman v. Miller: Goldwater v. Carter and Idaho v. Freeman, Detroit College of Law Review, 789, 1980
- Numerous newspaper and magazine columns on issues of public interest
- Sierra Club v. Andrus, 487 F.Supp. 443
(D.D.C. 1980)
- Sierra Club v. Watt, 659 F.2d 203
(C.A.D.C. 1981)
- State of Idaho v. Freeman, 529 F.Supp. 1107
(D.Idaho 1981)
- Union Pacific R. Co. v. State Tax Com'n of Utah, 716 F.Supp. 543
(D.Utah 1988)
- Salt Lake County ex rel. County Bd. of Equalization of Salt Lake County v. State Tax Com'n ex rel. Kennecott Corp., 779 P.2d 1131
(Utah 1989)
- BJ Titan Services
- Coastal Oil and Gas Corporation
- Kennecott Copper Corporation
- ATK Launch Systems Group
- "Tax Litigation in Nevada", Lorman Seminar, July 25, 2007
- "Utah's Oil and Gas Severance Tax: Its Past, Present and Future," breakfast briefing, August 23, 2005
- "Reducing Real and Personal Property Tax in Utah," sponsored by Lorman Education Services, August 25, 2005
- "Recent Court Cases That Will Affect Taxpayers," Utah Taxpayers Association Utah Taxes Now Conference, April 26, 2005
- "Utah Sales and Use Tax Update," National Business Institute, August 25, 2003
- "The Universal Tuition Tax Credit: Advancing Excellence Through Parental Choice and Empowerment", Sutherland Institute, 1999
- Outstanding Young Man of America, 1979
- University Scholar, Brigham Young University, 1972
- Constitutional Litigation Award, 1982
- Speaker, Administrative Conference of the United States, 1984
- Utah State Bar Association,
1988
-
1989
- Chair, Government Law Section
- Colorado State Bar Association
- Member
- Utah State Bar Association
- Past Member, Legislative Affairs Committee
- Utah State Bar Association
- Member, Advertising Committee
- National Assn. of Private Non-Traditional Schools & Colleges,
1982
- Present
- The Journal of Social, Political and Economic Studies,
1984
-
1986
- French
- Phi Kappa Phi
- Pi Sigma Alpha
- Phi Delta Phi
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