Federal Tax Services.
Federal income tax planning, compliance, and controversy work for individuals and businesses — from everyday tax questions to representation before the U.S. Tax Court.
Fennemore’s Federal Tax Services assist clients with tax planning and compliance that reaches well beyond business entities. Our tax attorneys counsel on planning that accounts for each client’s needs, the legal uncertainties involved, and how comfortable the client is taking a given tax position.
Our attorneys bring deep federal income tax experience — including audit examinations, settlements, and appeals, and representation before the U.S. Tax Court, the federal District Courts, and the U.S. Bankruptcy Court. The firm follows Circular 230, the standard governing tax practitioner conduct.
Our work ranges from basic tax advice on home ownership to tax support for major business transactions. CPAs and other professionals regularly call on us to help with their own clients’ federal tax issues.
What We Handle.
Purchases, Investments & Debt.
Federal tax issues that arise across purchases, investments, and debt — and the technical questions that come with them. We assist with:
- Accounting method and period changes
- Tax deferral for condemnations
- Installment reporting requirements
- Gain characterization for favored tax treatment
- Donation deduction planning
- Tax-deferred (Section 1031) exchange qualification
- Tax consequences of debt discharge (CODI) — including disputed debt, real property business indebtedness, insolvency, and bankruptcy
- Tax-deferred involuntary conversions and condemnation exclusions (Section 1033)
- Inventory capitalization (Section 263A)
- Tax credits and benefit recoveries
- Debt-versus-equity characterization
- Tax valuation issues
- Stock options
- Tax shelter claim defense (IRS and FTB)
Employee Benefit Plans.
Tax counsel on the benefit and compensation arrangements that employers put in place. We advise on:
- ERISA/DOL compliance, including voluntary and involuntary compliance
- Incentive stock options and nonqualified stock options
- Section 409A deferred compensation requirements
- Insurance-based benefits, including key-man and split-dollar insurance
Federal Tax Controversy & Advocacy.
When a federal tax matter becomes a dispute, we advocate for taxpayers — through penalty abatement, intermediate sanctions, amnesty and voluntary compliance programs, audits, protest appeals, Tax Court, district court actions, and collection matters. Representation areas include:
- Worker classification (employee or independent contractor)
- Payroll penalties, including EFTPS
- Transferee and responsible-party liability
- Information reporting duties
- Tax practitioner representation
- Failure-to-file status
- Summons defense
- Voluntary disclosure programs
- Amnesty requests
- Offers in compromise
- Installment agreements
- Innocent spouse applications
- Lien, levy, and garnishment defense
- Statutory notices of deficiency
- Negligence and fraud penalties
- Seizure and jeopardy defense
- Private letter ruling requests
- Advisory services incident to divorce or bankruptcy
- Opinions of counsel
- Tax violations of U.S. bankruptcy and securities laws
- Offshore account reporting, FBAR returns, and PFIC issues
Attorneys With This Experience.
You May Also Need.
State & Local Tax.
California income, franchise, sales, and employment tax planning and audits.
Partnership, Corporate & Special Entity Tax.
Tax planning for partnerships, LLCs, corporations, and other business entities.
Nonprofit & Tax-Exempt.
Tax services and full nonprofit practice for public charities, foundations, and trade associations.
Real Estate Tax.
Tax planning for real estate transactions, holdings, and transfers.
Estate & Gift Tax.
Federal estate, gift, and generation-skipping transfer tax planning and returns.
Business Transactions.
Entity formation, M&A, and reorganizations — the non-tax side of business deals.