Taxation
The attorneys of Stites & Harbison’s Tax Group assist a variety of clients (corporations, estates, exempt organizations, individuals, limited liability companies, partnerships, trusts and universities) with tax planning and litigation on the federal, state and local levels. The attorneys include a former United States Tax Court law clerk and a former attorney for the Internal Revenue Service’s Office of Chief Counsel (Tax Court). Many of the attorneys have master-of-law degrees in taxation.
The attorneys of Stites & Harbison’s Tax Group routinely serve clients in a range of matters that include:
- Aircraft Acquisition and Leasing
- Aircraft Fractional Interests
- Alternative and Renewable Energy Tax Planning
- Business Acquisitions
- Business Contracts
- Business Formations
- Business Liquidations
- Business Mergers
- Business Planning
- Business Restructurings
- Cafeteria Plans
- Captive Insurance Companies
- Charitable Contributions
- Corporate Spin-Offs, Split-Offs and Split-Ups
- Corporate Tax
- Divorce Tax Planning
- Elder Law
- Employee Benefits
- Employee Plans Voluntary Compliance Program
- Employee v. Independent Contractor
- ERISA (fiduciary, prohibited transactions, etc.)
- ESOPs
- Estate & Gift Planning
- Estate & Gift Tax (including tax return preparation)
- Executive Compensation
- Federal Excise Taxes
- Fiduciary Income Tax Returns (preparation and planning)
- FIRPTA (foreign investment in US real property)
- Georgia Income Tax
- Georgia Sales & Use Tax
- Georgia Tax Litigation
- Incentive Stock Options
- Income Tax Planning
- Individual Tax
- Interest Rate Swaps
- International Tax Planning (Inbound and Outbound)
- Investment Fund Formation (Structuring, LP or LLC Agreements, PPMs)
- IRS Appeals
- IRS Audits
- IRS Ruling Requests
- Kentucky Income Tax
- Kentucky Inheritance Tax
- Kentucky Retirement System
- Kentucky Sales & Use Tax
- Kentucky Tax Litigation
- LLC Operating Agreements
- Local Taxes
- Low-Income Housing Credit
- Medicaid Planning
- Multistate Tax
- New Markets Tax Credits
- Nonqualified Deferred Compensation
- Nonqualified Stock Options
- Partnership Tax
- Penalty Abatement
- Pre-Nuptial and Post-Nuptial Agreements
- Private Foundations
- Probate (including litigation)
- Purchase & Sale of Assets
- Qualified Opportunity Zones
- Qualified Retirement Plans (401(k) and defined benefit)
- Regulated Futures Contracts
- REITs and RICs
- REMIC Defeasance Tax Opinions
- Restricted Stock Plans
- S Corporations
- Shareholders’ Buy-Sell Agreements
- State Tax Incentives (including PILOT incentives)
- Stock Purchase Agreements
- Stock Redemption Agreements
- Tax Court Litigation
- Tax Exempt Organizations (Formation, Exemption Applications, Intermediate Sanctions, and IRS Audits)
- Taxfree Exchanges (Code Section 1031)
- Tax Opinions
- Tax Return Review and Analysis
- Tax Settlements
- Tax Treaty Analysis and Planning
- Tennessee Business Tax
- Tennessee Franchise and Excise Tax
- Tennessee Indebtedness Tax
- Tennessee Miscellaneous Taxes
- Tennessee Sales & Use Tax
- Tennessee Tax Litigation
- Transfer Pricing
- Trust Administration (including litigation)
- Trust Agreements
- Unrelated Business Income Tax
- Voting Trusts
- Welfare Benefits (health, disability and life insurance)
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"Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes."
—J. Learned Hand, Helvering v. Gregory, 69 F.2d 809, 810 (2d Cir. 1934), citing United States v. Isham, 84 U.S. (17 Wall.) 496, 506, 21 L.Ed 728 (1873).
Kentucky Tax Incentives for Qualified Data Centers
As Kentucky prepares for the 2025 legislative session, Stites & Harbison will be watching to see whether the General Assembly expands data center tax incentives beyond House Bill 8 (“HB 8”) which was passed by the Kentucky General Assembly in 2024. Among other provisions, HB 8 creates sales and use tax exemptions on data center equipment for eligible entities engaged in providing qualified data center infrastructure.
Future of the Corporate Transparency Act is Uncertain
With the January 1, 2025, deadline for beneficial ownership information filings pursuant to the Corporate Transparency Act (the “CTA”) for entities formed prior to 2024 rapidly approaching, Judge Amos L. Mazzant III of the US District Court for the Eastern District of Texas preliminarily enjoined the enforcement of the CTA and its related regulations nationwide. Alison Zeitlin takes a look at what is happening in this Stites & Harbison Client Alert.
Ten Stites & Harbison Attorneys Honored by 2024 Mid-South Super Lawyers
The 2024 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Seven attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.
Stites & Harbison Welcomes Nine Attorneys to Kentucky and Georgia
Stites & Harbison, PLLC announces the addition of nine attorneys to the firm. Four attorneys join the Louisville, Ky., office: Rachel Gumbel, Jackson B. Hurst-Sanders, James E. Myers and April M. J. Sain. Harper B. Anderson, Holly A. Couch and Robert H. Dean join the firm in Lexington, Ky., while Mackenzie Miller and Lauren Towell (Ren) join the Atlanta office.
Stites & Harbison, PLLC Achieves 2023-24 Mansfield Certification
Stites & Harbison, PLLC is pleased to announce that it has achieved 2023-24 Mansfield Certification. Mansfield is a year-long structured certification process designed for law firms to ensure all lawyers have an opportunity to advance into leadership.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications
Stites & Harbison, PLLC is pleased to announce that 97 of its lawyers are included in the 2025 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication. Additionally, 12 Stites & Harbison attorneys are named as “Lawyer of the Year” and 30 attorneys are recognized in Best Lawyers: Ones to Watch® in America, which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.
Richard Myers named Stites & Harbison's Nashville Office Executive Member
Stites & Harbison, PLLC has named attorney Richard S. Myers, Jr., as its Nashville and Franklin Office Executive Member. He succeeds Gregory D. Smith, who has served in this role for nine years.
Stites & Harbison Ranks in Top 20 on 2024 "Best Place to Work in Kentucky" List
Stites & Harbison, PLLC ranks in the Top 20 “Best Places to Work in Kentucky” for 2024 in the medium company category. The firm has made the list 18 times — 10 of those in the Top 10.
The Cost of Third- Party Data Breaches: How to Avoid a Financial Disaster
Time: 12:00 p.m. - 1:30 p.m.
Webinar
Chad McTighe and Sarah Spurlock will be the speakers for The Knowledge Group's Webinar on June 14, 2024 discussing the costs associated with unforeseen security risks.
Nicholas J. Lococo Joins Stites & Harbison’s Louisville Office
Stites & Harbison, PLLC welcomes attorney Nicholas J. Lococo (Nick) to the firm’s Louisville, Ky., office. He is a Member (Partner) in the Business & Finance Service Group.
Data Security and Privacy Symposium
Time: 8:00 a.m. - 4:30 p.m.
State Bar of Georgia Conference Center, 104 Marietta Street NW, Atlanta, GA 30303
Attorneys Shannon Sprinkle and Matt Gass will be moderating and participating on a panel focused on Litigation Trends in Privacy and Data Protection on April 17, 2024 presented by the Atlanta Bar Association.
Retirement Plans: How to Guard Against Fiduciary Liability
In recent years, we have seen more and more ERISA class action claims against retirement plan sponsors and committees for breach of fiduciary duty. In the past, such claims were generally only made against very large plans but we are starting to see claims against smaller plans. The primary allegation is often that the fiduciaries failed to seek the lowest fees available or put another way the fiduciaries were “asleep at the wheel.” By one report, 463 lawsuits have been filed over the last eight years claiming fiduciaries failed to obtain the lowest available fees. Lexington office attorney Andy Jacobs takes a look at the issues in this Stites & Harbison Client Alert.
Taylor Stuckey Appointed Chair of Stites & Harbison’s Trusts & Estates Service Group
LEXINGTON, Ky.—Stites & Harbison, PLLC is pleased to announce that attorney Taylor J. Stuckey has been appointed Chair of the firm’s Trusts & Estates Service Group.
Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024
LOUISVILLE, Ky.—The 2024 edition of Kentucky Super Lawyers® recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 35 attorneys to the Super Lawyers® list and 14 attorneys to the Rising Stars® list.