Taxation

Shumaker tax lawyers make the tax laws work for our clients, providing them a comprehensive set of services that integrates tax planning, transactional assistance and tax controversy resolution.  We provide tax advice and representation to for-profit and nonprofit businesses and individuals at the federal, state and local levels.  Our emphasis is on creative guidance that helps achieve business and financial objectives while maximizing tax advantages and minimizing tax liabilities. Because every level of government and taxing authority (international, federal, state, municipal and local) has its own tax objectives, organization and statutes, we keep abreast of the constantly changing law and regulations and are known for interpreting them with skill and insight.

What Makes Us Different

With Shumaker’s extremely diverse business tax clientele, we have experience with a broad range of complex tax issues in an array of industries.  Our guidance on concerns such as the structuring of sophisticated acquisition and financing transactions for domestic and foreign companies, the organization of business activities for U.S. and non-U.S. enterprises to achieve optimal foreign, federal, state and local tax outcomes, the resolution of audits and disputes with tax authorities, and compliance with filing and reporting requirements in the U.S. and abroad are all customized to each client’s specific needs. We employ an entrepreneurial, practical approach to addressing our clients’ tax issues, reflecting business realities for large and small companies alike. 

Our lawyers also work with a diversity of nonprofit organizations, including large health care systems, so no tax issue involving the tax exempt area is new to us.  Frequently we find that our experience in dealing with legal issues in one nonprofit sector enables us to help our clients in other sectors more effectively with their tax problems.  We place primary emphasis on maintaining our clients’ tax-exempt status, but also take a wider view that integrates tax planning, transactional assistance, employment law and employee benefit advice, and general business guidance.

Our Clients

  • Publicly owned corporations
  • Private and family-owned companies
  • Private equity funds
  • Real estate ventures
  • Professional associations
  • Financial institutions
  • Co-operatives
  • Nonprofit organizations
  • High net worth individuals and families

Why You Benefit

The primary goal of our tax lawyers is to achieve your business, organizational or personal goals while minimizing overall tax costs. To accomplish that, we work closely with our clients and their accountants, financial planners and business advisers. With our years of experience representing both small and large companies, nonprofits of every type (including large health care systems), and individuals and families with complex tax needs, we often can suggest new methods of limiting tax exposure with which other professional counselors might not be familiar. 

Core Services

  • Business, nonprofit organization and individual tax planning.
  • Choice of entity decisions.
  • Structuring and planning of taxable and non-taxable business reorganizations, acquisitions and dispositions.
  • Integrated tax and estate planning advice for business owners and high net worth individuals.
  • Representation before the IRS in civil audit and appellate conference proceedings.
  • Taxpayer advocacy in the U.S. Tax Court and the U.S. District and Appellate Courts.
  • Resolution of controversies over assessment of sales and use taxes, employment taxes, property taxes, commercial activity, gross receipts, and all types of other state and local taxes.

What You Can Expect From Shumaker

Shumaker’s tax lawyers use their knowledge and experience to craft practical, creative solutions to tax issues faced by our clients.  We have a “can do” attitude that focuses on solving tax problems rather than creating them.  Whether it be choosing between a C corporation, S corporation, partnership or limited liability upon creation of a business, dealing with organizational, operational and financing issues, or developing the most effective structure for the acquisition or sale of a business, Shumaker’s tax lawyers work to efficiently and effectively maximize client value by minimizing exposure to liability for tax.

Tax disputes can be troubling matters with potentially dire financial consequences. Shumaker’s tax lawyers work doggedly to protect our clients’ interests in tax audits and appeals at the federal, state and local level.  We represent clients in controversies concerning every type of tax, including income, employment, estate and gift, sales and use, commercial activity and gross receipts taxes.  We use our knowledge and experience to take a firm, but pragmatic approach that in most cases allows us to achieve the right kind of settlements on behalf of our clients.

But if settlement is not possible, we are vigorous advocates for our clients at trial.  Similarly, we can offer customized support in pursuing tax reductions before local government Boards of Revision and Board of Tax Appeals. And, although these strengths are central to our practice, those clients that rely on us for skillful tax planning often never have to use them.


News Releases

09.07.2017David J. Slenn Appointed to American Bar Association Group and Committee Leadership
07.31.2017M. John Burgess Joins Shumaker, Loop & Kendrick, LLP
04.05.2017Shumaker, Loop & Kendrick, LLP Attorneys Presented to Society of Financial Service Professionals
01.09.2017Shumaker Attorneys Named Business North Carolina's 2017 "Legal Elite"
11.16.2016Shumaker Earns National and Regional Rankings from U.S. News – Best Lawyers® 2017
11.07.2016Dave Slenn Spoke at 2016 Arizona Asset Protection Symposium
10.26.2016Dave Slenn Spoke at the 2016 Tax & Estate Planning Forum
10.21.2016Warren P. Kean Addresses The New Partnership Audit Rules 2016 LLC Institute
10.13.2016David J. Slenn joins Shumaker, Loop & Kendrick, LLP
10.13.2016Warren P. Kean Addresses S Corporations at the Florida Bar 2016 Fall Meeting
10.11.2016Andrea M. Ackley Joins Shumaker
01.20.2016Warren Kean, Panelist for ABA Business Law and Tax Sections Webinar
01.04.2016Shumaker, Loop & Kendrick, LLP Attorney Gregory M. Marks Named Best Lawyers in America 2016 Lawyer of the Year
11.12.2015Shumaker Earns “Best Law Firm” Rankings from U.S. News – Best Lawyers® 2016
04.23.2015Warren P. Kean to Present at the 14th Annual North Carolina/South Carolina/Georgia Tax Section Workshop
04.13.2015Warren P. Kean to Present at University of North Carolina School of Law’s J. Nelson Young Tax Institute 2015
11.03.2014Shumaker, Loop & Kendrick, LLP Receives Metropolitan First-Tier Rankings in U.S. News – Best Lawyers® “Best Law Firms” for 2015
10.22.2014Richard Q. Lewis, III Named to Sarasota Memorial Healthcare Foundation Audit Committee
08.22.2014John P. Dombrowski Joins Shumaker, Loop & Kendrick, LLP
06.12.2014Warren P. Kean Joins Shumaker, Loop & Kendrick, LLP
05.05.2014William R. Swindle Spoke to Suncoast Estate Planning Council
04.24.2014William R. Swindle Named to Tax Certification Committee of The Florida Bar
12.03.2013Sarasota Attorney Leaves His Mark on Florida Business Law
11.06.2013Shumaker, Loop & Kendrick, LLP Receives Metropolitan First-Tier Rankings in U.S. News – Best Lawyers® “Best Law Firms” for 2014
06.11.2013Cherly L. Gordon Named Chair of Board of Directors of The Education Foundation
11.05.2012Shumaker, Loop & Kendrick, LLP Ranked Among “Best Law Firms” in U.S. News Media Group and Best Lawyers® Guide

Publications

10.10.2017Client Alert: Congress Provides More Hurricane Relief for Employees and Employers
09.25.2017Client Alert: How Employers Can Aid in Hurricane Irma Recovery
09.20.2017Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon
08.29.2017Client Alert: Avrahami v. Commissioner: An Important Ruling on Microcaptive Structures
08.21.2017"What to Know and Do About the New Partnership Audit Rules Now"
August 2017"The Kings River Captive Insurance Case," ABA Tax Times, Vol. 36 No. 4
07.26.2017"Tax Reform Update"
06.19.2017"Transfirst Group, Inc. v. Magliarditi: U.S. District Court Holds that Nevada Law Permits Piercing of Nevada, LLLs, Nevada Partnerships, and Nevada Trusts," LISI Asset Protection Planning Newsletter #344
01.20.2017Client Alert: New Revenue Procedure 2017-13 Provides Clarification of Safe Harbors for Management Contracts of Tax-Exempt Financed Facilities
12.29.2016"IRS Compliance Focus: The Excise Tax on Heavy Trucks"
11.07.2016"Is 'Micro-Captive' Insurer Guidance the IRS's Nuclear Option?" Daily Tax Report (BNA)
11.02.2016"Notice 2016-66: IRS Issues Long-Anticipated Notice of Its Intent to Combat Real and Perceived Abuses Involving 831(b) Captive Insurance Companies," LISI Asset Protection Planning Newsletter #333
09.06.2016Update to August 24th Safe Harbors Client Alert - NEW TRANSITION PERIOD
08.24.2016Client Alert: New Safe Harbors for Management Contracts of Tax-Exempt Financed Facilities
06.29.2016"New Tax Law Allows Some to Avoid Paying Tax on the Sale of their Business"
March/April 2016"Encouraging Investment in Small Businesses:  Tax Law Allows Avoidance of Tax on the Sale of a Business," Greater Charotte Biz magazine, March/April 2016
01.19.2016"Understanding How the PATH Act Impacts Section 831(b) Captives," LISI Asset Protection Newsletter #312
11.23.2015"FATCA Compliance: Documentation for an Investment Fund"
10.19.2015"R.V.I Guaranty Company & Subsidiaries v. Commissioner: Tax Court Rules in Favor of Insurance Company Selling Residual Value," LISI Asset Protection Planning Newsletter #309
06.09.2015"Ohio Brightens its Bright-Line Test"
12.08.2014"Dillard v. Schlussel: Estate Planning Defense Insufficient to Prevent Finding of Fraudulent Transfer," LISI Asset Protection Planning Newsletter #275
12.01.2014"Staffing Companies and their Clients Face Significant Sales Tax Risk"
November/December 2014"U.S. Supreme Court Highlights New Concerns in Naming IRA Beneficiary," Pratt's Journal of Bankruptcy Law
09.08.2014"In re: Castellano: A Wake-Up Call for Self-Settled Trusts and Spendthrift Provisions," LISI Asset Protection Planning Newsletter #258
08.05.2014"In re Icenhower," LISI Asset Protection Newsletter, #255
04.08.2014"IRS Noose Starting to Tighten on Sham Captive Risk Pools," LISI Asset Protection Planning Newsletter #242
02.03.2014"Matter of Morris," LISI Asset Protection Planning Newsletter #236
10.10.2013"In re Cutuli: $10 Million in Punitive Damages Result After Financially-Distressed Clients Seek Asset Protection Advice," LISI Asset Protection Planning Newsletter #229
05.23.2013"Transfer Taxes after the Taxpayer Relief Act of 2012"
05.23.2013"Tax Planning for the 'New Normal'"
05.20.2013"Florida Adopts New LLC Act News Alert"
09.12.2012"Kenrob: Planning Opportunity Presented for Owners of Pass Through Entities," LISI Asset Protection Planning Newsletter #208
05.01.2012"Recent Cases Highlight Importance of Observing Requirements and Restrictions Imposed on S Corporations"
07.21.2011"Hirchert," LISI Asset Protection Planning Newsletter #182
March/April 2011Co-Author, "ESOP Distribution Policies," Compensation & Benefits Review
02.15.2011"Super Creditors: When Special Collection Powers Trump Debtor Protections," Bankruptcy Law, Bloomberg Law Reports
01.13.2011"Slenn on In re Harwell: A Significant Asset Protection Case," LISI Asset Protection Planning Newsletter #168
January/February 2011"Strategies for ESOPs Under the New Diversification Requirements," Compensation & Benefits Review
12.16.2010"David Slenn's Asset Protection Update: Bad Results Equals Bad Planning," LISI Asset Protection Planning Newsletter #167
10.25.2010"In re Hymas: First, Do No Harm," LISI Asset Protection Planning Newsletter #164
09.10.2010"Taxation Alert" - September 2010
March/April 2010"Has the Warning Bell Sounded for Asset Protection Planners?" 24 Prob & Prop. 48
01.20.2010"New Migration Pattern: Snow Bird Levels Fall, Debt Bird Levels Rise," Bloomberg Law Reports, Bankruptcy Law            --Reprinted in Bloomberg Law Reports, 2010 in Review: Significant Issues in Bankruptcy (Part 2), Vol. 4, No. 4, January 3, 2011
April 2009"The COBRA Subsidy in the Stimulus Package: What It Is and What You Need to Do Now," Employment Law Strategist
07.01.2008"Beware Hazards When Calculating N.C. Unemployment Insurance Tax"
07.14.2005"ALERT: IRS Circular 230 Requires Fundamental Changes in the Communication of Tax Advice to Clients."
2002"When Tax Law and Indian Law Collide: How Pull-Tab Games Got to the Supreme Court," Cleveland State Law Review

Newsletters

Summer 2017"insights" Newsletter - Summer 2017
12.29.2016"insights" Newsletter - December 2016
06.24.2016"insights" Newsletter - June 2016
Autumn 2015"insights" Newsletter - Autumn 2015
06.10.2015"The Estate Planner" – July/August 2015
Spring 2015"insights' Newsletter - Spring 2015
03.01.2015"The Estate Planner" – March/April 2015
01.01.2015"The Estate Planner" – January/February 2015
11.01.2014"The Estate Planner" – November/December 2014
09.01.2014"The Estate Planner" – September/October 2014
07.01.2014"The Estate Planner" – July/August 2014
05.01.2014"The Estate Planner" – May/June 2014
03.01.2014"The Estate Planner" – March/April 2014
01.01.2014"The Estate Planner" – January/February 2014
11.01.2013"The Estate Planner" – November/December 2013
09.01.2013"The Estate Planner" – September/October 2013
07.01.2013"The Estate Planner" – July/August 2013
Spring 2013"insights" Newsletter - Spring 2013
05.01.2013"The Estate Planner" – May/June 2013
03.01.2013"The Estate Planner" – March/April 2013
01.30.2013"The Estate Planner" – January/February 2013
11.06.2012"The Estate Planner" – November/December 2012
11.06.2012"Estate Planning News Alert" - November 2012
09.01.2012"The Estate Planner" – September/October 2012
07.01.2012"The Estate Planner" – July/August 2012
05.01.2012"The Estate Planner" – May/June 2012
03.01.2012"The Estate Planner" – March/April 2012
01.19.2012"The Estate Planner" – January/February 2012
11.01.2011"The Estate Planner" – November/December 2011
09.01.2011"The Estate Planner" – September/October 2011
06.30.2011"The Estate Planner" – July/August 2011
04.20.2011"The Estate Planner" – May/June 2011
03.01.2011"The Estate Planner" – March/April 2011
01.01.2011“The Estate Planner” – January/February 2011
11.01.2010"The Estate Planner" – November/December 2010
09.01.2010"The Estate Planner" – September/October 2010
07.01.2010"The Estate Planner" – July/August 2010
05.01.2010"The Estate Planner" – May/June 2010
11.01.2009"The Estate Planner" - November/December 2009
08.11.2009"The Estate Planner" - September/October 2009

Events and Presentations

07.21.2016"Payroll Issues in Mergers and Acquisitions," American Payroll Association, Toledo Chapter
04.12.2016"Unique Issues in Starting and Sustaining an ESOP in Small Companies," NCEO 2016 Employee Ownership Conference, Minneapolis, MN
03.18.2016"The IRS Determination Letter Program and your ESOP," ESOP Mid-Atlantic Chapter Meeting, Williamsburg, VA
01.20.2016"Responding to the Repeal of TEFRA," American Bar Association webinar
11.17.2015Avrahami v. Commissioner, American Bar Association Webinar
10.26.2015"Domestic Asset Protection Trusts Under Attack," Delaware Bankers Association's 10th Annual Delaware Trust Conference, Wilmington, Delaware
10.23.2015"Determining 'Residence' and 'Domicile' for State Income and Transfer Taxation," 35th Annual Tax & Estate Planning Forum, San Diego, California
10.21.2015"Ethical Issues in Asset Protection Planning," Wilmington Trust Company, Florida 2015 Trust & Estates Symposium, Palm Beach Gardens, Florida
09.18.2015"The Nuts & Bolts of Captive Insurance Companies," 2015 Joint Fall CLE Meeting of the American Bar Association's Tax and Real Property, Trust & Estate Law Sections, Chicago, Illinois
05.23.2015"LLC Statutory, Fiscal, and Tax Accounting – Keeping Score with the Convoluted Blend of Concepts of Subchapter K and the Reporting and Record-Keeping Responsibilities, Duties, and Liabilities of, and Planning Opportunities for, LLCs and their Management," 14th Annual North Carolina/South Carolina/Georgia Bar Associations’ Tax Section Workshops
05.04.2015Moderator: "Domestic Asset Protection Trusts: Effectiveness and Ethics from the View of Planners and Creditors," American Law Institute
05.01.2015"LLC Statutory, Fiscal, and Tax Accounting – Keeping Score with the Convoluted Blend of Concepts of Subchapter K and the Reporting and Record-Keeping Responsibilities, Duties, and Liabilities of, and Planning Opportunities for, LLCs and their Management," University of North Carolina School of Law’s J. Nelson Young Tax Institute 2015
04.30.2015"The Tax Investigation of Small Captives and Their Providers - Where is it Going?" American Bar Association
04.23.2015"Terminating or Freezing Your ESOP," NCEO 2015 Employee Ownership Conference, Denver, CO
03.23.2015"Life After Dudenhoeffer," ESOP Invitational, Pinehurst, NC
12.04.2014"Asset Protection and Bankruptcy: What Estate Planners Need to Know," American Law Institute CLE Program
10.17.2014"Ethical Issues in Asset Protection Planning: Beware the Tax Traps, Pitfalls, and Liability," and "Asset Protection Update and the New Uniform Voidable Transactions Act," 34th Annual Southern California Tax & Estate Planning Forum, San Diego, California
09.19.2014"Asset Protection Planning for LGBT Clients after the Windsor Case," 2014 Joint Fall CLE Meeting of the American Bar Association's Tax and Real Property, Trust & Estate Law Sections, Denver, Colorado
09.16.2014"831(b) Captives and Tax Issues," 2014 Casualty Loss Reserve Seminar, San Diego, California
06.17.2014"Why Clients Across the Spectrum are Increasingly Using Captive Insurance Risk Management," American Bar Association Real Property, Trust & Estate Law CLE Program
04.08.2014"Basic ESOP Distribution Rules," NCEO 2014 Employee Ownership Conference, Atlanta, GA
03.24.2014"Regulatory Update," ESOP Invitational, Williamsburg, VA
01.16.2014"'Residence' and 'Domicile' for State Income and Transfer Tax Purposes: A Closer Look," 48th Annual Heckerling Institute on Estate Planning, Orlando, Florida
05.21.2013"Health Care Reform: What You Need to Do Now - Steps to Manage Your Responsibilities & Potential Liabilities"
05.09.2013"Strategic Implementation of Employer Shared Responsibility Rules"
04.25.2013"Basic ESOP Distribution Rules," NCEO/Beyster Institute 2013 Employee Ownership Conference, Seattle, WA
03.25.2013"Basic ESOP Administration," ESOP Invitational, Pinehurst, NC
September 2012"Asset Protection," Joint CLE meeting of the American Bar Association's Tax and Real Property, Probate and Trusts Sections, Boston, Massachusetts
04.25.2012"Basic ESOP Distribution Rules," NCEO/Beyster Institute 2012 Employee Ownership Conference, Minneapolis, MN
03.24.2012"Captive Insurance Tax Update," American Bar Association, Business Law Section Spring Meeting, Las Vegas, Nevada
02.08.2012"Recent Developments and Hot Topics" - 14th Annual All Children’s Hospital Estate, Tax, Legal and Financial Planning Seminar
09.29.2011"Does Your 831(b) Captive Quack?" Western Region Captive Insurance Conference, Salt Lake City, Utah
08.07.2011"Captive Insurance Companies: Introduction and Update," American Bar Association Annual Meeting, Toronto, Ontario, Canada
05.31.2011"Leveraging Defined Value Clauses to Mitigate Estate and Gift Tax: Drafting Formula Clauses and Donee Selection Post-Petter," Strafford CLE Webinar
04.21.2011"Recent Developments in Asset Protection Planning," e-CLE Presentation, American Bar Association Section of Real Property, Trust and Estate
11.05.2010"Navigating the Fraudulent Transfer Landmines in a Distressed Economy," 3rd Annual Ethics Seminar for the Florida Alliance of Paralegal Associations, Inc., Orlando, Florida
09.24.2010"Toxic Asset Protection Planning: No Bailouts for the Greedy," Joint Meeting of the American Bar Association's Tax and Real Property, Probate and Trust Sections, Toronto, Ontario, Canada
03.24.2010"Asset Protection: What Do You Have to Lose?" InfoComm International Webinar
01.27.2010"When is it Safe to Move Your Client's Assets?" Collier County Women's Bar Association
09.25.2009"Ethical Considerations in Asset Protection Planning," Joint Meeting of the American Bar Association's Tax and Real Property, Probate and Trust Sections, Chicago, Illinois
09.03.2009"Ethical Consideration in Asset Protection Planning," Collier County Bar Association Trusts and Estates Luncheon, Naples, Florida
07.09.2009"Common Forms of Liability in Asset Protection Planning," American Bar Association Real Property, Probate and Trust Section National Teleconference, Naples, Florida
04.30.2009"Ethical Issues for the Asset Protection Attorney," American Bar Association Real Property, Trust and Estate Law's 20th Annual Spring Symposia, Washington, D.C.


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