Pharmaceutical, Medical Device and Healthcare Industry Team

Tax Counseling

Members of Butler Snow’s Tax Group help business and individual clients with a full range of tax issues, from sophisticated business transactions to individual tax planning. Although the firm’s tax expertise encompasses all aspects of federal, state and local taxation, our tax practice can be classified into two primary types: planning for prospective transactions and disputes involving audits of returns filed with the IRS or state taxing authorities.

Planning

The firm routinely renders tax advice in connection with the organization of business entities and the structuring of business transactions to achieve desired tax objectives. Specific areas we help clients with include purchase and sale transactions, like-kind exchanges, tax-free reorganizations, corporate distributions to shareholders and reporting transactions on tax returns in a manner that minimizes exposure to penalties. Our tax attorneys also help tax-exempt entities with legal services that include organizing non-profit organizations and assisting them in applying for and maintaining tax-exempt status. In addition, our attorneys provide legal guidance to tax-exempt entities regarding private inurement issues, unrelated business income tax issues, tax-exempt intermediate sanctions, joint venture transactions with for profit and not-for-profit organizations and other related issues.

Controversies

We routinely represent clients under audit by the IRS or state taxing authorities for all types of taxes in both civil and criminal cases. Our tax attorneys have handled tax controversies in administrative hearings at all levels of the Internal Revenue Service and State Department of Revenue. We have also litigated tax cases in the United States Tax Court and in all levels of the state court system, if the matter cannot be settled on terms favorable to the taxpayer.

 

Practice Highlights

Representative Reported Decisions 

  • Cal-Maine Foods, Inc. v. Commissioner, 93 TC 181 (1989). Successfully represented nationwide taxpayer/farming corporation in asserting that it was entitled to use the cash receipts and disbursements method of accounting because it met the requirements of the “family corporation” exception. 

     
  • Estate of Mladinich v. Commissioner, TC Memo 1991-528. Successfully represented estate in defending against the inclusion in the taxable estate of the value of improvements on estate-owned land by showing that such improvements were constructed and owned by a family partnership. 

     
  • Estate of Perry v. Commissioner, TC Memo 1990-123. Successfully represented estate in defending against the inclusion in the taxable estate of the death benefits of life insurance where the policies were owned by the decedent’s sons but the premiums were paid by the decedent. 

     
  • Estate of Perry v. Commissioner, 927 F. 2d 209 (5th Cir. 1991). Successfully represented the Estate of Perry on the appeal of the Tax Court decision. 

     
  • Estate of Perry v. Commissioner, 931 F. 2d 1044 (5th Cir. 1991). Successfully represented the Estate of Perry in showing the estate was entitled to attorney fees because the same issued had been litigated and lost by the IRS in two other circuits. 

For additional information on Tax Counseling, please contact J. Paul Varner

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