Baker, Donelson, Bearman, Caldwell & Berkowitz PC

/Home/Tax Attorney: New Orleans LA

The country's 73rd largest law firm, Baker Donelson offers 550+ attorneys & public policy advisors covering 30+ practice areas, seamlessly connected across 15 offices to serve virtually any legal need

Baker, Donelson, Bearman, Caldwell & Berkowitz PC
201 Saint Charles Ave #3600
New Orleans LA 70170
Tel: 504 566-5200
Fax: 504 636-4000

Taxation - Federal Income, Employment & Other

Baker Donelson's tax attorneys are knowledgeable and experienced in a wide range of federal tax law matters. Our tax attorneys regularly provide clients with sophisticated federal tax advice covering matters such as individual income tax planning; business tax planning; employment classifications and tax compliance, audit preparation and representation within the IRS administrative appeals process; tax litigation with the IRS; and enforcement actions by the IRS. We stay informed of significant IRS rulings and notices, proposed regulations, court decisions and related procedures affecting federal tax law, and put that knowledge to use for our clients. The Tax Department regularly updates our clients on current and proposed legislation, with detailed analysis and direct contacts for clients needing more information.

Individual Tax Planning

We have considerable experience advising individual clients with respect to income tax planning, such as compensation issues, stock options, real estate and other investment considerations, among many other tax areas of interest to individuals. Our tax attorneys are knowledgeable in a wide range of individual income tax matters and we assist clients in arranging their affairs in the most tax efficient manner. Additionally, our attorneys draw on a wealth of federal tax experience, including audit preparation and tax litigation, to provide advice that is uniquely informed and beneficial to clients.

Business Planning, Mergers and Acquisitions

At every stage of the business life cycle, companies need experienced professionals to help minimize their tax burden. Our tax attorneys assist clients from the formation of the business entity to the company's operations and growth strategies, including acquisitions, mergers and reorganizations.

At the beginning of the life cycle, we assist business clients in the choice and formation of the most appropriate business entity for their particular business and tax needs. Clients are advised on the relative advantages and disadvantages of using a partnership, limited partnership, limited liability company, corporation or S corporation, and the most advantageous state in which to form the business entity. On the operational side, clients regularly consult with members of the Tax Department about matters such as employment agreements, non-compete agreements, deferred compensation agreements, stock options, accounting methods and retirement plans.

During the growth stage of a client's business, our attorneys assist clients as they plan for acquisitions and mergers. The Firm has considerable experience in sophisticated acquisition techniques, including tax-favored acquisitive reorganizations, leveraged buy-outs and ESOP acquisitions. In reorganizations, we seek to achieve our clients' goals whether it's strengthening the business financials, divesting a subsidiary or selling a division. If clients decide to close a particular venture, we assist in the liquidation and termination process.

Ruling Requests

Our tax attorneys have extensive experience seeking private letter rulings and transaction-specific guidance from the IRS on behalf of clients when circumstances warrant. We most often make those requests when a business transaction requires IRS approval prior to implementation.

Tax Credits and Special Incentives

We regularly advise on the utilization of and conditions for numerous types of credits that are available under the Internal Revenue Code. In particular, the Firm's tax attorneys advise financial institutions, investors, businesses and many other interested parties with respect to the new markets tax credit, low-income housing credits, various energy related credits, the rehabilitation tax credit and conservation easements. When catastrophes occur, Congress often responds by creating new incentives to encourage redevelopment and promote commerce – such as the Gulf Opportunity Zone Act of 2005 following Hurricanes Katrina, Rita and Wilma – and we have routinely consulted clients on the special bonus depreciation deduction within the GO Zone Act.

Employment Tax Classification and Compliance

Worker classification has recently become an area of focus for the IRS. In light of this focus, businesses must be mindful of how workers should be classified and how and when wages should be reported. Baker Donelson's tax attorneys work closely with our clients to advise them on the various classification factors used by the IRS in ascertaining whether to treat a worker as an employee or independent contractor. We also assist clients in structuring employment arrangements that reflect the client's business needs and comply with federal tax law. Additionally, attorneys in the Tax Department frequently represent clients before the IRS in a wide variety of employment tax disputes, including employment tax audits, worker classification audits, responsible person inquiries, and trust fund penalty assessments.

Employee Benefits/ERISA

See our practice area description on Employee Benefits and Executive Compensation for an overview of our broad experience in this very important area of federal tax law.

Tax Controversies

Our tax attorneys regularly represent clients during audits, administrative appeals, and trial and appellate litigation with the IRS. Attorneys in the Tax Department are experienced in representing clients before the United States Tax Court, federal district courts and federal appellate courts.

Enforcement Actions

In addition to handling tax controversy issues before the IRS, we also have considerable experience representing clients on a wide range of federal tax enforcement actions undertaken by the IRS. Attorneys in the Tax Department regularly represent clients in preparing offers in compromise, installment agreements, penalty and interest abatement requests, and collection due process requests. Additionally, we have successfully petitioned the IRS for removal of federal tax liens and levies on behalf of our clients.

International, Excise and Other Tax Matters

Clients routinely turn to us for consultation on the domestic tax effects of various foreign country income tax treaties, and we have addressed permanent establishment issues under many of them for clients whose activities may be subject to the treaties. In addition, we consult with our clients regarding the necessity for disclosure of foreign accounts, as well as advice concerning participation in voluntary disclosure programs offered from time to time by the IRS with respect to such accounts. Further, our tax attorneys deal with various other types of taxes imposed through the Treasury Department, including the highway excise tax, firearm and ammunitions excise tax, and a variety of other such taxes.

Taxation - State and Local

Controversy and Planning Representation

Current economic conditions have forced state and local governments to continue their aggressive search for additional revenues. We know that our clients remain focused on managing their exposure to tax pressures. Our state and local tax (SALT) attorneys are dedicated to providing the comprehensive, realistic and value-added services to our clients throughout the United States in dealing with those pressures.

Our SALT group includes 15 attorneys who provide consultation and advocacy for a broad array of clients regarding income, franchise, sales and use, gross receipts, property and other taxes imposed by state and local governments. Our tax attorneys have represented clients with SALT matters not only in all the southeastern states and in Washington, D.C. where our offices are located, but also in a multitude of other states -- such as California, the Carolinas, Colorado, Florida, Illinois, Kansas, Maine, Maryland, Michigan, Minnesota, New Hampshire, New York, Oklahoma, Ohio, Pennsylvania, Texas, Virginia, Washington and Wyoming – more than 30 states and Washington, D.C. in total. We have also litigated SALT cases for our clients and defended collection and enforcement actions, and have done so successfully in substantially all of those states.

We guide, advise and represent our clients throughout all stages of any tax disputes before state and local administrative agencies, and represent our clients in seeking relief within available amnesty, voluntary disclosure, and penalty waiver programs. Additionally, our SALT attorneys regularly advise clients regarding complex transactional issues, planning structures and multi-state opportunities, including tax incentives and credits.

In addition to our traditional representation of clients in SALT matters, our tax attorneys also represent clients with respect to unclaimed property issues. Clients consult with us regarding the planning and defense of unclaimed property audits, whether instituted by the state department of revenue, secretary of state or other offices of state government, including multistate unclaimed property audits involving third-party contract auditors. We also represent clients in unclaimed property administrative or judicial controversies, as well as negotiate voluntary disclosure agreements on their behalf.

Our Tax Department is comprised of attorneys located throughout the Firm's offices in Alabama, Georgia, Mississippi, Louisiana, Tennessee and Washington, D.C. Our tax attorneys have a broad range of practice, including experience with federal, state and local taxation issues, exempt organizations, ERISA and estate planning.