Whyte Hirschboeck Dudek S.C.'s Taxation Team brings extensive experience in tax law to its clients. Our attorneys regularly represent clients in federal, state and local income, franchise, sales and property tax planning and dispute resolution, including issues involving multistate taxation, nexus and related matters. The team also includes seasoned attorneys with experience defending taxpayers in criminal tax matters.
Many of our tax attorneys are hold accounting degrees and are CPAs. They work closely with attorneys in our corporate transactions and business law practice to develop and implement optimal tax planning strategies for complex corporate transactions such as acquisitions, mergers, divestitures and other reorganizations. Several of our tax attorneys have in-depth experience in the taxation of S corporations, limited liability companies, partnerships and similar "pass-through" entities.
This team is experienced in the full range of services for large and mid-sized companies including executive compensation and compensation arrangements such as stock appreciation and phantom stock plans, stock option programs for corporate employees and tax deferred exchanges of real estate.
In addition, our attorneys represent tax-exempt entities of varying sizes including both public charities and private foundations on a broad range of income tax matters and in securing and maintaining tax-exempt status.
- State and Local Taxation (SALT) – Wisconsin continues to be ranked highly among the states with the greatest state and local tax burdens. That, coupled with the state's rigorous practices around auditing and tax collection, highlights the increasing importance business is placing on exceptional state and local taxation counsel and litigation. WHD's State & Local Taxation Team offers just that—a strong record of successful outcomes in a wide variety of SALT matters. That includes compliance issues, tax planning and tax refund opportunities, as well as expertise in all levels of audit and appeal. The team’s experience encompasses the following principal areas within SALT planning and litigation: sales and use, real property, license fees , franchise taxes, income taxes, special assessments, impact fees, transfer fees, utility taxes and waste treatment exemption.
- Federal Taxation – U.S. Congress regularly makes significant changes in federal tax law, and in recent years has enacted complex changes to laws governing corporations. Understanding and adapting to this evolving legal landscape is critical to the success of any business. WHD’s Federal Taxation Team is committed to rigorous study of any changes in both tax and corporate law so that it can help clients avoid potential tax pitfalls in their businesses, as well as capitalize on unique opportunities. The team is composed of high-caliber attorneys who bring dual expertise in corporate and tax law to our clients. Some team members hold accounting degrees and are CPAs; others have MBAs in tax. The team’s experience encompasses the following principal areas related to federal tax: audits, IRS administrative appeals, tax litigation, corporate structures, reorganizations, mergers and acquisitions, executive compensation, employee ownership stake and succession planning.
- Tax Exempt Organizations – Today’s tax exempt, charitable and nonprofit organizations face an increasingly complex legal and business environment. Navigating that environment requires comprehensive, real world and practical advice on organizational, operational and transitional issues. WHD’s Tax Exempt Organizations Team is composed of experienced professionals with a long and successful history of working as business partners and counselors to many types of organizations. The team regularly counsel and advise tax exempt, charitable and nonprofit organizations in many broad areas, including the following: organizational issues; governance issues; taxation and exemption issues; political activity, lobbying and advocacy issues; development and fundraising issues; financing issues; grant-making issues; restructuring and transitional issues; intellectual property issues; real estate issues; and employment and benefit issues.
We keep abreast of changes in the law and industry trends in order to advise our clients regarding developments that affect their business. We are committed to a tailored approach to representation that considers the goals of the client and relates them to the intricacies of tax law in order to develop the best strategy in each situation.
Tax Audits and Litigation
Members of the team have:
- Successfully defended a client in a $25 million tax case involving write-up of intangible assets.
- Successfully defended a client in an $81.5 million tax case for a state affiliated organization.
- Successfully defended a client in an international tax case involving an attempt by the IRS to disallow claimed bad debt deductions.
- Litigated significant cases in the areas of partnership taxation, valuation (including the issue of fractional interest discounts), gift tax, estate tax, the taxation of inventories, sham transactions and the income tax aspects of real estate transactions including like-kind/tax-deferred exchanges.
- Litigated landmark cases in the area of executive/reasonable compensation, Code Section 2703(b), and officer liability.
- Successfully defended clients in corporate tax shelter issues.
to review the resolution of selected tax cases by our Federal Controversy team.
Members of the team have:
- Advised both buyers and sellers of businesses on tax-advantageous structuring of merger and acquisition transactions, both taxable and tax-deferred, providing tax opinions and obtaining private IRS rulings where required.
- Advised business clients in all areas of income tax planning and structuring, including tax planning involving S corporations and other pass-through entities, such as limited liability companies.
- Devised optimal structures for reorganizations and recapitalizations of S corporations to permit tax-advantaged distributions to shareholders.
- Devised a corporate recapitalization resulting in savings of $20 million in estate taxes.
- Provided national technical support and review with respect to § 403(b) tax sheltered annuities and § 457 nonqualified deferred compensation plans.