Paul Starrett
Every R&D credit eventually has to be proven to someone who wasn’t in the room: an examiner, a buyer, a court.
I help companies building AI and software establish what their engineers actually did, on a record that holds up, working alongside their CPAs.
Advisory by default, with legal representation where a matter calls for it.
Attorney and technologist. Twenty-five years at the intersection of law and technology, specializing in AI and related technologies since 2013.
R&D credits for AI and software work
Credits are decided on the evidence: the record of what was uncertain, what was tried, and how it was evaluated. That record is easiest to capture while the work is happening; months later, people have moved on and systems have changed. Claims reconstructed years after the work are where many have failed.
- While the research is happening: setting up how evidence of experimentation is captured from the systems your engineers already use, so the claim can be proven later
- Before you claim or amend: characterizing which work qualifies, and testing whether the record proves it, before an examiner does. Reviews of prior claims are conducted under attorney-client privilege
- When the IRS or FTB examines: defense from the first document request, built on what the engineers actually did
- When you raise money or sell: whether the credits in the deal hold up, and what the exposure is, including how AI assets are characterized in the acquisition
How I work
Alongside your CPA, at a price agreed up front.
- Alongside your CPA. I establish which work qualifies and the technical basis for it, including how compute splits between development and production. Your CPA applies that to the numbers, computes the credit, and prepares the return.
- Fixed fees, not a percentage of the credit. Scope and price are agreed before work begins.
- Privilege where it matters. I can serve as counsel to the company, or as a consulting expert retained by its counsel, so the work is protected where the law allows.
The same skill, other questions
Establishing what technology actually did, on a record that holds up, answers more than tax questions.
- AI governance: whether a system does what its policy says it does, documented before a regulator or plaintiff asks
- Disputes and investigations: reconstructing what a system actually did when its outputs are challenged, as counsel, consulting expert, or testifying expert witness
Proving technology work takes three kinds of expertise. They’re usually split across three people; here they’re one, working alongside your CPA, tax counsel, and engineers rather than replacing anyone.
When those roles are split, the gaps get filled with assumptions, and assumptions are exactly what an examiner, a regulator, or opposing counsel will find.
The technology
Understand what the system actually did, how it was built, trained, and run, well enough to answer the second and third questions, not just the first.
- Former security software engineer, RSA Security
- Former General Counsel and Chief Risk Officer, publicly held AI and data-management company
- Master of Science, Data Science (Predictive Analytics), Northwestern University
- Lead author, Digital Signatures (RSA Press / McGraw-Hill, 2002)
The law and the tax
Turn the technical facts into legal and tax positions written for the people who will test them: examiners, judges, clients, and co-parties.
- Attorney at Law, California
- Master of Laws in Taxation
The people
Documents never hold every fact. The record has to be confirmed with the engineers, managers, and vendors who built and ran the system, using methods that hold up under scrutiny.
- Certified Fraud Examiner
- Licensed Private Investigator, California
- Author, The Investigative Interviewer's Guidebook, for risk, compliance, and legal professionals (first published 1998)
In practice since 2001: founding chair of the ABA Big Data Committee from 2013 to 2020, more than 45 multimillion-dollar investigation and e-discovery matters for AmLaw 50 firms and Fortune 100 clients, and a contributor to the IAPP's AI Governance certification.
Adjunct faculty at Santa Clara University (School of Law and Graduate School of Engineering) and in the M.S. Data Science program at the University of the Pacific.
Let's discuss your matter.
Advisory by default, with legal representation where a matter calls for it. The first conversation is direct and confidential.
paul@starrettlaw.com