Tax-Exempt Organizations

Recent years have seen federal and state governments increase their scrutiny of tax-exempt organizations. In particular the IRS, Congress and several states have shown a keen interest in the role of executive compensation in organizations with tax-exempt status, as well more interest overall operations of charities, trade associations, civic groups and foundations operating with tax-exempt status.

Enter the Meltzer Lippe Tax-Exempt Organizations practice group which, combined with the firm’s nationally renowned tax practice, regularly represents tax-exempt organizations in the complicated area of charitable planning and the structuring and operations of nonprofit organizations under federal and state laws. For many we act as general counsel in daily operations, while others turn to us on select matters arising from complex transactions and issues in dealing with for-profit entities, both tax and regulatory.

We handle all aspects of obtaining, as well as maintaining, tax-exempt status and are experienced in a broad spectrum of federal tax issues confronting tax-exempt organizations. We provide tax-exempt organizations comprehensive services in the areas of tax planning and compliance; IRS controversy resolution and litigation; non-tax services, such as structuring and operations, employee benefits and international operational planning and compliance; lobbying and advocacy; minimizing or avoiding excise taxes; day-to-day counsel in all aspects of operations, fundraising and grant making; counsel regarding Unrelated Business Income Tax (UBIT) and joint ventures; as well as overall corporate compliance.

Many organizations engage the collective expertise of our International Tax and Tax-Exempt Organizations attorneys to address complex issues and regulations presented by cross-border operations and transactions.  These issues may include, but are not limited to, compliance with: international trade and regulatory bodies, rules governing inbound and outbound foreign investments, and Foreign Account Tax Compliance (FATCA) and Foreign Corrupt Practices Act (FCPA).

With a Tax-Exempt practice including attorneys formerly with the IRS Chief Counsel’s Office and U.S. Treasury Department’s Office of Tax Policy there are few practices that possess more in-depth knowledge and a better working relationship with the IRS, Treasury, and other government agencies; thus enabling us to represent clients effectively and efficiently on regulatory issue of significance.

For instance, we regularly provide clients insight on legislative trends and often alert them to regulatory or legislative developments in advance of public announcement.  This forward-looking approach allows us to guide clients safely through what, at times, often feels like a maze of tax and procedural obligations.

When the situation demands it we are well-positioned and experienced in obtaining private letter rulings; negotiating with the IRS; helping clients plan for audits; handling audits; effectively managing controversies in an administrative manner; and, if circumstances dictate, addressing the revocation of tax-exempt status.

Clients confronted with serious circumstances regularly turn to the Meltzer Lippe Tax-Exempt practice to resolve tax and penalty issues in a manner that avoids litigation, results in favorable terms for the client, and avoids the unwanted publicity and negative impacts of a costly tax litigation.  However, when all else fails, Meltzer Lippe clients may also rely on a practice group with uncommonly broad experience in tax litigation before the U.S. Tax Court, U.S. Court of Federal Claims, U.S. District, and Federal Appellate Courts.

For clients looking to resolve an issue before it arises, Meltzer Lippe offers internal review to spot and correct organizational noncompliance with federal and state tax laws. With more than a dozen LL.M.’s in Taxation and multiple attorney/C.P.A.’s we are exceptionally qualified to perform such internal investigations and recommend action to correct noncompliance proactively.

Department Chair(s)
Avi Z. Kestenbaum / akestenbaum@meltzerlippe.com

ATTORNEYS 

Avi Z. Kestenbaum
Avi Z. Kestenbaum

Partner

 
Practice Groups: Trusts & Estates, Tax , Tax Exempt Organizations, Wealth Preservation, Partnerships, Tax Controversy
 
Areas of Focus: Domestic and International Tax Planning, Estate and Charitable Planning, Family Business Succession Planning, Tax-Exempt Organizations, Domestic and International Asset Preservation, Partnerships, Limited Liability Companies and Joint Ventures
 
Overview: Avi provides creative and sophisticated domestic and international tax, estate planning, and asset preservation counsel to CEOs of major corporations, utra high net worth individuals, multinational businesses, and large charitable organizations.
 

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Stephen M. Breitstone
Stephen M. Breitstone

Partner

Practice Groups: Tax Law, Business Law, Real Estate, International Law, Estate Planning, Trust & Estates, Tax-Exempt Organizations

Areas of Focus: Private Wealth & Taxation

Overview: Steve is counsel to many of the firm’s wealthiest and most prominent clients, providing sophisticated tax and estate planning advice for several large New York real estate families, private equity funds, Wall Street investment bankers, fund managers, corporate executives, large estates and others. He has pioneered many novel tax planning techniques – some combining his broad knowledge of partnership taxation and estate planning. Steve’s style of practice is personal, not institutional; and his client’s goals and objectives are his priority. 

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Jeffrey A. Galant
Jeffrey A. Galant

Counsel

Practice Group: Tax Law

Areas of Focus: Tax-Exempt Organizations,  Estate and Charitable Planning, Trusts & Estates Law

Overview:  Jeffrey has more than 30 years of experience in tax, trusts and estates, and tax-exempt organizations law; he has extensive experience in sophisticated tax and estate planning matters involving family owned and other privately owned enterprises including operating businesses, investment vehicles and family foundations; as well as the tax and estate planning issues that concern artists and collectors.

 

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David C. Jacobson
David C. Jacobson

Counsel

Practice Areas: Tax Law, Tax-Exempt Organizations, Trusts & Estates, and Wealth Preservation

Areas of Focus: Complex tax and estate planning; estate and trust administration; charitable giving; and representation of public charities and private foundations, as well as state and federal regulations compliance.

Overview: David’s practice encompasses all aspects of estate planning, with an emphasis on the efficient transfer of assets among several generations of a family. He has considerable expertise in minimizing the impact of transfer taxes upon the death of senior family members. He specializes in the structuring and implementation of sophisticated estate plans for both U.S. residents and non-residents.

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Mary P. O'Reilly
Mary P. O’Reilly

Partner

 
Practice Group: Trust & Estates
 
Areas of Focus: Trust & Estates, Tax, Tax-Exempt organizations
 
Overview: Mary assists individuals and families in the preservation and transfer of wealth. Her clients include family business owners, real estate developers, investment bankers, private equity fund managers, physicians, inventors, entertainers, business professionals, retirees, non-resident aliens, domestic partners and those of inherited wealth.
 

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Michael J. Schaffer
Michael J. Schaffer

Partner

 
Practice Group: Trust & Estates
 
Areas of Focus: Tax, Tax-Exempt organizations and Wealth Preservation 
 
Overview: Michael has been practicing estates and trusts law since 1992. During that time he has amassed a high level of experience in all areas of estates and trusts law, including domestic and foreign estate planning, generation skipping tax planning, estate administration and fiduciary income tax.
 

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Mordy Serle
Mordy Serle

Partner

 
Practice Group: Trust & Estates 
 
Areas of Focus:Tax Planning, Estate Administration
 
Overview: Mordy concentrates his practice in estate and tax planning, estate administration, and wealth preservation and counsels clients on sophisticated planning techniques that have resulted in substantial tax-efficiencies and savings from federal and state gift, estate, generation-skipping transfer and income taxes.
 

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