Boston University School of Law

David S. Davenport

Education

Amherst College
A.B., magna cum laude, 1968

  • Phi Beta Kappa
  • Bond 15 (top 15 in class)
  • National honors society in Economics (Omicron Delta Epsilon)
  • National Taussig award for economics thesis, published in The American Economist

Harvard Law School
J.D., magna cum laude, 1971

  • Note Editor, Harvard Law Review, Vol. 84, 1970-71
  • Board of Editors, Harvard Law Review, Vol. 83, 1969-70

Professional Experience

Commonwealth of Massachusetts, Department of Revenue
Deputy Commissioner, Senior Policy Counsel (2008-present)
Deputy General Counsel & Senior Policy Advisor (2004-2008)
(provides advice to Commissioner, Office of Tax Policy Analysis, Administration, and Legislature with respect to tax policy and technical issues; provides policy/technical review for Legal Division’s litigation and regulatory functions; provides advice on pertinent federal and international tax matters; etc.)

Commonwealth of Massachusetts, Underground Storage Tank Petroleum Product Cleanup Fund
Chair, Administrative Review Board (2006-present)
(state environmental program primarily funded by fees imposed along with gasoline tax on sales of petroleum products)

Boston University School of Law, Graduate LL.M. Program
Adjunct Professor of Law (2005-present)
(teaching Federal Income Taxation II)

Testa, Hurwitz & Thibeault, LLP, Boston
Partner (1999-2004)

McDermott, Will & Emery, Boston
Partner and Head of Boston Tax Practice (1997-1999)

Choate, Hall & Stewart, Boston
Partner (1992-1997)

Boston College Law School
Associate Professor of Law (1988-1992)
Adjunct Professor of Law (1986-88)
Visiting Associate Professor of Law (1984-86)
(taught basic and advanced courses in Corporations, Business Planning, and Federal, International, and State and Local Tax, including Tax Policy; created and taught seminar in “State and Local Tax – Constitutional Limitations and Multi-Jurisdictional Problems”)

Ropes & Gray, Boston
Partner (1980-1988)
Associate (1972-1980)
Counsel (part-time, 1988-1992)

United States Court of Appeals, Ninth Circuit, San Francisco
Law Clerk to Judge Charles Merrill (1971-1972)

Professional Recognition

  • The Best Lawyers in America (current and earlier editions)
  • Chambers USA - America's Leading Business Lawyers (2003-2004 and 2004-2005 eds.)
  • The International Who’s Who in Corporate Tax, 2005 (4th ed. 2004)
  • Massachusetts/New England Super Lawyers (2004, 2005, 2006, 2007, 2008)
  • Euromoney Guide to Leading U.S. Tax Lawyers (prior eds.)

Professional Affiliations

  • American Bar Association, Tax Section
  • Chair of Committee on Affiliated & Related Corporations, 1987-1988 (Vice-Chair, 1985-1987)
  • Chair of Subcommittee on Intercompany Allocations, 1983-1985
  • Editorial Board, ABA Tax Section NewsQuarterly, 2002 - 2005
  • Member, state and local tax committee, corporate committees, international tax committees, tax policy committee, teaching taxation committee, committee on government submissions, and task force on electronic commerce
  • Boston Bar Association
  • Council Member, 1986-1989
  • Chair, Tax Section, 1984-1987
  • Co-Chair, International Tax Committee, 1996-1998
  • Chair, State Tax Committee, 1981-1984
  • Massachusetts Taxpayers Foundation (independent fiscal and economic policy organization)
  • Trustee, 2002-2004
  • Program Committee, 2001-2002
  • Boston Tax Forum (senior tax academics and practitioners in Boston area)
  • Associated Industries of Massachusetts - Tax Committee (prior to current Government position)
  • International Fiscal Association (international tax professionals)

Bar Admissions

  • Massachusetts, 1973
  • U.S. Tax Court, 1984
  • U.S. District Court (Massachusetts), 1984
  • U.S. Court of Appeals, First Circuit, 1984

Writings and Presentations

Published Books and Articles

Co-Author, Massachusetts Taxation and DOR Practice, MCLE (2004, 1996, 1992, & 1988 editions) (chapter comparing Massachusetts and federal systems)

Co-author, “Use of Madrid Protocol Has Been Modest So Far,” National Law Journal (April 26, 2004) (relating to international trademark protection practices, including tax consequences)

Co-author, “Cost Recovery Rules for Software: Enterprise Resource Planning Software and Evolving Business Models,” 22 ABA Tax Section NewsQuarterly No. 4 (Summer 2003)

“Struggling with Deficits, States Increasingly Weigh Taxes on Online Sales,” Mass High Tech, May 12, 2003

"Characterization of Software Transactions for Tax Purposes: Toward Order Out of Chaos," Venture Capital Review, Fall 1999

Co-author, “Licensing Images: Some Copyright and Tax Basics”, Art Expressions (Winter-Spring 1999)

Miscellaneous and periodic short articles on legal policy developments in Massachusetts taxation in State Tax Notes and Tax Notes International (as Massachusetts correspondent, 1993-2004)

"Education and Human Capital: Pursuing an Ideal Income Tax and Sensible Tax Policy," 42 Case Western Reserve Law Review 793 (1992)

"Depreciation Methods and the Importance of Expectations: Implications for Human Capital,” 54 Tax Notes 1399, March 16, 1992

"The 'Proper' Taxation of Human Capital," 52 Tax Notes 1401, September 16, 1991

Co-Author, "Introduction: Tax Reform -- A Special Issue," Boston Bar Journal, May/June 1985

"Taxable and Tax-Free Acquisitions and Dispositions of Stock or Assets," in Tax Skills, MCLE, 1982 and 1983 editions

"Toward a New General Theory of Section 334(b)(2) Basis Adjustments," article published in Proceedings of the NYU Federal Tax Institute, 1979

"The Confrontation Clause and the Co-Conspirator Exception in Criminal Prosecutions: A Functional Analysis," 85 Harvard Law Review 1378 (1972)
(cited and quoted in text by U.S. Supreme Court in Ohio v. Roberts, 448 U.S. 56 (1980), and in a number of subsequent U.S. Supreme Court and lower court decisions)

(i) Student Note, (ii) Supreme Court Casenote, (iii) Student Casenote, Harvard Law Review, vols. 83 and 84 (1969-1971) (all three unsigned, per HLR practice)

"Collusive Competition in Major League Baseball: Its Theory and Institutional Development," The American Economist, No. 2, p. 6, 1969

Written Outlines and Oral Presentations – Lectures, Seminars, Institutes, Conferences, etc.

Periodic written and oral presentations on state taxation as government official (2004-present), including to American Bar Association (Washington, D.C.),  Massachusetts Bar Association,  Boston Bar Association, North Eastern States Tax Officials Association (New York City; Newport, R.I.), Multistate Tax Commission (Nashville), Suffolk University (State Tax Conference), Tax Executives Institute (State Tax Administrators meeting, New York City), Massachusetts Society of Certified Public Accountants, Boston Tax Forum, Cornell State & Local Tax Group (New York City), Massachusetts Taxpayers Foundation, Associated Industries of Massachusetts, Massachusetts Bankers Association, U.S. Law Firm Group (Boston meeting), and Massachusetts Tax Practitioners

Periodic guest lectures in International Tax at MIT Sloan School of Management, Cambridge, Mass., as part of courses in business law and international business, 1999-2003

“Developments in Software Taxation (and Sourcing of Income from Intangibles),” Taxation of Intellectual Property, ATLAS, Boston, April 2004

"Developments in Software Taxation (and Federal/State Sourcing of Income from Intangibles)," Boston Tax Forum, Boston, April 2004

"International Taxation: European Union's VAT and E-Commerce Directive; the ‘Permanent Establishment’ Requirement - Evolving Issues; and Characterization Issues in E-Commerce," National Association of State Bar Tax Sections, 24th Annual Conference, Washington, D.C., October 2003

Moderator, Annual Massachusetts Tax Conference, Massachusetts Taxpayers Foundation, Newton, MA, July 2003

"Recent Developments in the Taxation of Intangibles," Taxation of Intellectual Property

Institute, ATLAS Information (USA), New York City, June 2003

"Taxation of Intellectual Property," MCLE, Boston, June 2003

"Recent Developments in Software Taxation," Conference on Taxation of Intellectual Property, ATLAS Information (USA), Boston, November 2002

"The Streamlined Sales Tax Project Comes to Massachusetts? (or Is It Vice Versa?) -- an

Introduction," Annual Massachusetts Tax Conference, Massachusetts Taxpayers Foundation, Newton, MA, July 2002

"High Steppin’ in Reorgville: Revenue Rulings 2001-26 and 2001-46," Boston Tax Forum, Boston, November 2001

"State Taxation of Internet and E-Commerce Transactions," Annual Massachusetts Tax Conference, Massachusetts Taxpayers Foundation, Newton, MA, July 2001

"Electronic Commerce - Overview of State Tax Issues; Massachusetts Developments," Annual Massachusetts Tax Forum, Boston Bar Association, Boston, May 2001

"Guidelines for Characterizing Software and E-Commerce Transactions," High-Tech/New Media Industry Update, CITE, Boston, August 2000

Co-Moderator, "Tolling the Superhighway: Debating the Prospects of E-Commerce Taxation," Harvard Law School Symposium, Cambridge, MA, April 2000

"Developments in E-Commerce Taxation - Progress or Paralysis," Boston Tax Forum, Boston, April 2000

"Taxation of Software Transactions & Electronic Commerce," High-Tech Industry Tax Conference, Boston, August 1999

"Taxation of Software Transactions & Electronic Commerce," Forum on Legal Developments in IT & Web Contracts, Washington, D.C., February 1999

"The 'Final' Software Regulations: Characterizing Transactions in Technology-Based Property," Federal Tax Institute of New England, pp. 47-70, Boston, December 1998

"Amortization of Software and Intangibles; Expensing of Software Development Costs; and Treatment of Y2K Costs under Existing Software Rules," Federal Tax Institute of New England, pp. 71-80, Boston, December 1998

"Who Has the Goodwill and Other Intangibles - Martin Ice Cream Scoops Away Double

Corporate Tax Base," Federal Tax Institute of New England, pp. 81-92, Boston, December 1998

"Tax Considerations in Acquisitions, Restructurings, and Joint Ventures," The Practice Management Companies Profitability Forum, Washington, D.C., June 1998

"Internet and Electronic Commerce, Telecommunications, & Utility Deregulation," Annual Massachusetts Tax Forum, Boston Bar Association, Boston, May 1998 (in addition, served as chair of full program)

Moderated and led discussion of state tax developments in New England states, Georgetown University Annual State and Local Tax Conference, Washington, D.C., May 1998

"General Tax Considerations in Mergers & Acquisitions," The Optical Industry Mergers & Acquisitions Forum, New York City, February 1998

“The Software Regulations: Characterizing Transactions in Technology-Based Property,” Boston Tax Forum, Boston, January 1998

“Selected Corporate and Partnership Tax Provisions,” Boston Bar Association Program on Taxpayer Relief Act of 1997, Boston, 1997

“Cross-Border Transfers of Software and Technology,” Massachusetts Bar Association Program on tax issues for U.S. Exporters, Boston, 1995

“Cross-Border Transfers of Software and Technology,” International Business Center of New England annual international tax forum, Boston, 1995

Bentley College Annual Tax Program, Waltham, MA, 1995

“How to Deal with the New Massachusetts Sales Tax on Legal Services”, Boston Bar Association CLE Program, Boston, 1990

"Business Expenses for Meals and Entertainment" and "Depreciation of Real and Personal Property: Repeal of Special Amortization of Certain Trademark and Trade Name Expenditures, "Federal Tax Institute of New England, pp. 17-23 and 25-38, Boston, 1986

"Development, Acquisition and Disposition of Technology and Intellectual Property," Federal Tax Institute of New England, pp. 91-159, Boston, 1984

"High Technology Investments," Southern Federal Tax Institute, pp. E-3--E-45, Atlanta, 1983

"S Corporations: Legislative Changes and Increased Utility; Eligibility," Federal Tax Institute of New England, pp. 1-26, 1983 (in addition, served as chair of full program)

"Tax Consequences of the Requirements for Various Taxable and Tax-Free Acquisitions of Stock or Assets," in Tax Skills, MCLE, Boston, 1982 and 1983 annual programs

"Toward a New General Theory of Section 334(b)(2) Basis Adjustments," NYU Federal Tax Institute, New York City and Phoenix programs, 1979, 252864