Brett Durbin
Experience
Brett Durbin is Of Counsel in the Tax group focusing on state and local tax matters.
Brett regularly represents clients before the Washington State Department of
Revenue, the Washington State Board of Tax Appeals, and in court in matters involving
Washington excise and property taxes.
Before joining the firm, Brett was the Assistant Attorney General for the Washington
State Attorney General’s Office. He represented the Department of Revenue in the
department’s assessment of state and local taxes and managed all phases of litigation
throughout his eight year tenure. He brings this unique background and insight to his
practice in order to better represent the needs of his clients.
Of Counsel
Representative Work
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Successfully defended a novel property tax assessment of a fractional aircraft
Seattle, WA
ownership program manager against a challenge alleging that the program was
(206) 386-7555 direct
not subject to taxation because the program was not an air carrier and did not
(206) 386-7500 fax
have scheduled flights, thus claiming the State did not have jurisdiction to
impose property taxes.
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brett.durbin@stoel.com
Defended taxation of satellite tracking and communications service against
Education
taxpayer’s challenge that the service was an information service and not a

Law, J.D., 2004
taxable telecommunications service.
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Successfully defended imposition of sales tax on cell phone service against

taxpayer’s challenge that its sales to non-business customers were exempt as
sales to customers subscribing to a residential class of telephone service.
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Western Washington University,
Honors Program, B.A., 2001
Admissions
Successfully defended taxation of data communications service operating on

Washington
packet switched network against taxpayer’s challenge that the service was an

United States District Court for the
Western District of Washington
information service or internet service and not subject to tax.

University of Washington School of
Lead attorney for taxpayers in numerous cases before the Washington Board of
Tax Appeals and superior court involving business and occupation and sales tax.
Representative subjects include:
o
Washington’s nexus to tax out of state companies.
o
The application of the International Investment Management Services B&O
tax classification to broker-dealers.
o
Manufacturing B&O tax on medical devices.
o
Sales tax on digital products.
Brett Durbin
o
Public utility tax on transportation companies.
Professional Honors and Activities
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
Washington State Bar Association, Tax Section, Member
o
Tax Council, Member
o
State & Local Tax Committee, Member
o
Legislative Committee, Co-Chair
American Bar Association, Tax Section, Member
o
State & Local Tax Executive Committee, Member
o
Model Tax Tribunal Taskforce, Co-Chair
o
Website Committee, Co-Chair
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Institute for Professionals in Taxation, Member

Recipient of Excellence Award, presented to the top 5% of employees of the Washington State Attorney General’s Office for
outstanding performance
Presentations

Speaker, “Tax Appeals in Washington,” Washington State Society of CPA’s Washington Tax Conference, June 15, 2015
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Speaker, “Washington Tax Controversies and Taxpayer Rights,” Institute for Professionals in Taxation Seattle Chapter, April 29,
2015