Tax Controversy & Tax Planning
Criminal Tax
Criminal Tax Case against Texas Board Certified Attorney dismissed:
We were hired during the late stages of a criminal tax investigation targeting a Texas Board Certified Real Estate Attorney. By the time we were hired, the IRS had completed its investigation and had recommended to the U.S. Department of Justice Tax Division that our client be charged with three counts of Tax Evasion and one count of Money Laundering.
We assembled a team that included a financial investigator (former IRS Criminal Investigation Division special agent) and a CPA who specialized in accounting procedures for professional practices and aggressively investigated the case. Over a three month period, the professionals involved in defending the client turned away a number of other potential clients in order to devote full time to the client's case, as the IRS and Department of Justice had been working on the case for a number of years.
Diligence paid off and the team identified a number of significant weaknesses in the government's case, including witness credibility issues and alternative interpretations with regard to tax calculations. The team made presentations before trial attorneys and section chiefs at The Department of Justice Tax Division in Washington D.C. and the United States Attorney's Office in Dallas, and ultimately convinced government attorneys to dismiss the case.
Criminal Tax Case against Business Owner dismissed:
We were hired by an entrepreneur, with business holdings in the automobile and real estate industries, who was the target of an IRS criminal investigation. We assembled a team that included industry experts and former IRS special agents, and conducted a parallel investigation, which identified a number of problems with the government's case.
The team made skillful presentations To IRS attorneys and attorneys at the Department of Justice Tax Division, and convinced government attorneys to dismiss the case.
Felony Tax Evasion charges against CPA dismissed:
We were hired by a Certified Public Accountant after the IRS had completed a multi year investigation and recommended to the Department of Justice Tax Division that he be charged with three felony counts of Tax Evasion. We assembled the appropriate team, and after diligent investigation determined that the defense case had a number of significant weaknesses and that it would not be in the client's best interest to proceed to trial.
The defense team engaged in skillful negotiation with the Department of Justice Tax Division and the local U.S. Attorney's office, and convinced the government attorneys to dismiss the felony Tax Evasion counts. Pursuant to a plea agreement, the client pled guilty to one misdemeanor count of Failure to File an Income Tax Return, and as part of a global agreement remained eligible to retain his CPA license.
Mail Fraud and Wire Fraud charges against tax consulting company dismissed:
We were hired to represent a tax consulting company charged with mail and wire fraud related to sophisticated tax minimization strategies it implemented on behalf of fortune 1000 clients. With the help of a technical expert, we carefully conducted a detailed analysis of the strategies implemented by the client company, and determined that each strategy, although complex and aggressive was consistent with reasonable interpretation of current tax law and authority.
We made a number of detailed presentations to Federal prosecutors and agents, and ultimately persuaded prosecutors to dismiss the entire case.
IRS Audits/Civil Tax Controversies
No change determination in IRS audit of miniature horse business:
We were hired to represent the owner of a miniature horse business during an IRS audit. The IRS took the position that the operation was a hobby rather than a business and that a large refund, claimed by the taxpayer, based on losses during the year at issue, should be denied.
We executed a comprehensive strategy to educate the IRS Revenue Agent regarding horse businesses generally and the client's business specifically.
Through diligent preparation and skillful presentation we were able to persuade the IRS that the client's miniature horse business was, indeed, a business and not a hobby. The IRS issued a no change determination and the client received the full refund.
No change determination in audit of business owner's tax return:
We were hired to represent husband and wife entrepreneurs, with business holdings in the fishing and food service industries, in the audit of their income tax return. We worked diligently on the case and obtained a no change determination
No change determination in audit of rancher's tax return:
We were hired to represent the owners of a ranch business during an IRS audit. The IRS took the position that the operation was not a business and that losses for the year in question should be disallowed. We took steps to educate the Revenue Agent regarding ranch businesses generally and the client's business specifically. Through skillful presentation and negotiation, we persuaded the Revenue Agent that the client's operation was a business, and the losses at issue were allowed.
Tax Planning
Advised corporate executives regarding tax efficient compensation packages and tax efficient exercise of options:
We have helped executive level employees at public and privately held companies obtain the most tax efficient compensation packages possible and exercise options in the most tax efficient manner possible.
Advised technology company founders on most tax efficient way to structure an acquisition:
We were hired by the founders of a technology company to advise them on tax efficient ways to structure an acquisition of their company. We outlined a structure for the transaction that allowed the founders to pay only capital gains (and not ordinary income tax) on their proceeds form the sale.
Advised a number of high net worth individuals regarding U.S. compliant offshore planning strategies:
We have advised a number of high net worth clients on the design and maintenance of offshore business entity and trust strategies, which provide preferential tax treatment and asset protection as well as maintain strict compliance with the Internal Revenue Code and United States Department of Treasury Regulations.
Advised a number of high net worth individuals regarding the use of private placement life insurance to grow assets in a tax free/tax deferred manner and protect assets from creditors:
Private Placement Life Insurance (PPLI) is a variable life insurance product, highly customized to meet the specific needs of the individual high net worth client, and offered on a private placement basis. The product combines the preferential tax treatment and asset protection features of an insurance product with sophisticated investment vehicles such as hedge funds. We have advised a number of high net worth clients regarding the use of PPLI.
Trusts, Estates & Asset Protection
Established comprehensive trust, estate and asset protection strategies for a software company founder following liquidity event:
A software company founder sold half of his company to a private equity firm for an eight figure sum. We outlined for the founder a variety of strategies to protect assets from creditors and minimize income, capital gains, gift and estate taxes. We established, implemented and continue to monitor a trust and estate plan that protects assets from creditors and minimizes the impact of income and transfer taxes. The plan also insures that the client's assets are transmitted to his heirs and beneficiaries effectively and efficiently at the appropriate time.
Advised founders and key managers of an energy company on trust, estate and asset protection matters following an IPO:
Following an initial public offering, the founders and key managers of an energy company found themselves in a qualitatively different position with regard to estate planning matters. We provided a number of strategies to protect assets from creditors, minimize taxes and insure effective and efficient intergenerational transfer of wealth.
Advised high net worth physician/medical practice owner on trust, estate and asset protection matters:
We advised a high net worth physician/medical practice owner and his wife regarding a variety of strategies for protecting assets and minimizing taxes. We established, implemented and monitor an estate plan that insures that assets are protected and that effective and efficient intergenerational wealth transfer takes place.
Advised a number of high net worth individuals regarding U.S. compliant offshore planning strategies:
We have advised a number of high net worth clients on the design and maintenance of offshore business entity and trust strategies, which provide preferential tax treatment and asset protection as well as maintain strict compliance with the Internal Revenue Code and United States Department of Treasury Regulations.
Advised a number of high net worth individuals regarding the use of private placement life insurance to grow assets in a tax free/tax deferred manner and protect assets from creditors:
Private Placement Life Insurance (PPLI) is a variable life insurance product, highly customized to meet the specific needs of each individual high net worth client, and offered on a private placement basis. The product combines the preferential tax treatment and asset protection features of an insurance product with sophisticated investment vehicles such as hedge funds. We have advised a number of high net worth clients regarding the use of PPLI.
Business Consulting & Commercial Litigation
Business Consulting
Advised on the design of a multiple international entity strategy for a privately held multi national technology company:
We advised on the design of a multiple international entity strategy that minimized taxes while maximizing the protection of assets including intellectual property for a British Virgin Islands technology company with a research and development arm in Taiwan, a manufacturing operation in mainland China and headquarters for international distribution in the United States.
Designed a multi entity strategy to help a technology company reduce risk and protect important business assets:
We were hired to advise a technology company with multiple lines of business on strategies to reduce law suit risk. We developed a multi entity strategy that separated the ownership and control of valuable business assets from the operation of high risk business lines.
Helped a software company close three financing rounds:
We assisted a software company close three financing rounds. We focused on finding investors that would be the best fit as capital partners for our client company in addition to raising the amount of money needed by the client.
Helped technology company design the most functional and advantageous entity structure:
We designed a technology company entity structure that accomplished the goals of company founders which included disproportionate allocation of income and expenses among entity members, limited personal liability and pass through tax consequences.
Commercial Litigation
Negotiated a speedy and very favorable resolution to an intellectual property dispute on behalf of a software company:
We were hired by a software company after a subcontractor began to infringe on proprietary intellectual property. We quickly and economically resolved the matter for our client without the time and expense of litigation.
Obtained summary judgment on behalf of interactive marketing firm in trademark infringement case:
We obtained a summary judgment on behalf of an interactive marketing firm in a trademark infringement case against a competitor.
Corporate Compliance & White Collar Criminal Defense
Federal fraud charges dismissed against attorney/entrepreneur. Jury acquits of state fraud charges:
We were hired to represent a licensed attorney turned entrepreneur in a Federal fraud investigation. The right team of experts and a diligent, proactive approach paid off, and we persuaded Federal prosecutors to dismiss the case.
State prosecutors filed charges, and following a trial, a jury acquitted our client of all charges.
Fraud charges against auto industry executive dismissed:
We were hired to represent an auto industry executive charged with a number of fraud counts. We assembled a team that included an industry expert and private investigators with prior experience as Federal agents. A diligent defense investigation uncovered a number of significant weaknesses in the government's case. Skillful negotiation and presentation persuaded prosecutors to dismiss the case.
Criminal Tax Case against Texas Board Certified Attorney dismissed:
We were hired during the late stages of a criminal tax investigation targeting a Texas Board Certified Real Estate Attorney. By the time we were hired, the IRS had completed its investigation and had recommended to the U.S. Department of Justice Tax Division that our client be charged with three counts of Tax Evasion and one count of Money Laundering.
We assembled a team that included a financial investigator (former IRS Criminal Investigation Division special agent) and a CPA who specialized in accounting procedures for professional practices and aggressively investigated the case. Over a three month period, the professionals involved in defending the client turned away a number of other potential clients in order to devote full time to the client's case, as the IRS and Department of Justice had been working on the case for a number of years.
Diligence paid off and the team identified a number of significant problems with the government's case, including witness credibility issues and alternative interpretations with regard to tax calculations. The team made presentations before trial attorneys and section chiefs at The Department of Justice Tax Division in Washington D.C. and the United States Attorney's Office in Dallas, and ultimately convinced government attorneys to dismiss the case.
Criminal Tax Case against Business Owner dismissed:
We were hired by an entrepreneur, with business holdings in the automobile and real estate industries, who was the target of an IRS criminal investigation. We assembled a team that included industry experts and former IRS special agents, and conducted a parallel investigation, which identified a number of problems with the government's case.
The team made skillful presentations To IRS Attorneys and Attorneys at the Department of Justice Tax Division, and convinced government attorneys to dismiss the case.
Felony Tax Evasion charges against CPA dismissed:
We were hired by a Certified Public Accountant after the IRS had completed a multi year investigation and recommended to the Department of Justice Tax Division that he be charged with three felony counts of Tax Evasion. We assembled the appropriate team, and after diligent investigation determined that the defense case had a number of significant weaknesses and that it would not be in the client's best interest to proceed to trial.
The defense team engaged in skillful negotiation with the Department of Justice Tax Division and the local U.S. Attorney's office, and convinced the government attorneys to dismiss the felony Tax Evasion counts. Pursuant to a plea agreement, the client pled guilty to one misdemeanor count of Failure to File an Income Tax Return, and as part of a global agreement remained eligible to retain his CPA license.
Mail Fraud and Wire Fraud charges against tax consulting company dismissed:
We were hired to represent a tax consulting company charged with mail and wire fraud related to sophisticated tax minimization strategies it implemented on behalf of fortune 1000 clients. With the help of a technical expert, we carefully conducted a detailed analysis of the strategies implemented by the client company, and determined that each strategy, although complex and aggressive was consistent with reasonable interpretation of current tax law and authority.
We made a number of detailed presentations to Federal prosecutors and agents, and ultimately persuaded prosecutors to dismiss the entire case.
