15 Wood Avenue, Nelsonville, NY
Attorney Advertising
Prior results do not guarantee a similar outcome
Its founding tax attorney, Marc A. Kushner, Esq., has been advising and representing clients in their tax transactional matters and audits for more than 30 years.
ABOUT MAK’S FOUNDING TAX ATTORNEY, MARC A. KUSHNER, ESQ.
(THE “MAK” IN MAK TAX LAW GROUP, P.C.)
PAST EMPLOYMENTS**
Baker McKenzie (Law Firm, Chicago) – Tax Partner
Duane Morris LLP (Law Firm, New York City) – Tax Partner
Seyfarth Shaw LLP (Law Firm, New York City) – Tax Partner
Pryor Cashman LLP (Law Firm, New York City) – Tax Partner
Coopers & Lybrand (now PwC) (Accounting Firm, New York City) –
Tax Senior Associate
United States Department of Justice, Tax Division (Washington, D.C.) -
Summer Honors Program
** Not all employments set forth.
EDUCATION
New York University (NYU), School of Law (New York City) –
Master of Laws (L.L.M) in Taxation
University at Buffalo, School of Law (Buffalo, New York) –
Doctor of Jurisprudence (JD), cum laude, Buffalo Law Review
Emory University (Atlanta, Georgia) – Bachelor of Arts, Phi Beta Kappa
FOR THAT CLIENT TAX MATTER, AUDIT, ETC. NECESSITATING MAK’S FOUNDING ATTORNEY’S
MORE THAN 30 YEARS OF TAX EXPERIENCE
Throughout his more than 30 years of tax practice, MAK’S founding tax attorney has been advising and representing clients in their:
-
Tax structuring/transactional/planning matters; and
-
IRS, state and local audits and other tax controversies.
These clients have been individuals, partnerships (and entities treated as partnerships for tax purposes) and their partners/members, real estate investment trusts (both public and private), S and C corporations and their shareholders and tax-exempt entities.
These tax audits have not just been federal income tax audits, but state and local tax audits as well, including tax audits on the transfer/recording of real property.
MAK’s founding tax attorney is passionate about MAK’s tax practice and the tax results MAK has been able to achieve for clients, including clients of peer professional accounting and law firms, such as the following:
01
Brought in by an accounting firm to represent its partnership fund client in an IRS audit proposing just over $29 million of positive adjustments, MAK’s representation resulted in a net just over $22 million of additional deductions (i.e., negative adjustments), a net negative $51 million taxable income turnaround in client’s favor; and this having occurred at the audit level enabled the client to avoid the cost of an IRS appeals and litigation.
02
Brought in by another accounting firm to address the “one class of stock” constraint in connection with its S corporation client’s sale of its business, identifying and implementing a structure that overcame this constraint and enabled the client to qualify for tax-free installment sale reporting.
03
Brought in by another law firm for its client’s highly adversarial (non-tax) litigation to address and analyze the tax exposures of the litigation parties, identifying millions of dollars of federal, state and local tax exposures of the client’s litigation adversaries.
04
Brought in by an accounting firm to counter the IRS’s proposed denial of its client’s loss deduction, identifying and providing the support for said deduction to the IRS auditor’s satisfaction – and, in the process, allowing the client to avoid the cost of an IRS appeals and litigation to claim said deduction.
05
Brought in by another accounting firm to represent its husband and wife clients seeking reversal of the IRS’s denial of their loss deduction in the United States Tax Court, after filing the United States Tax Court petition, submitting to the case’s assigned IRS appeals officer the analysis/support for the deduction which resulted in the deficiency being reversed and the case being dismissed (and further resulting in the state’s cancellation of its corresponding deficiency) – and without the clients having to incur any further litigation costs.
The tax well-being of its clients is paramount to MAK and its founding tax attorney. As MAK’s founding tax attorney has been passionately doing throughout his more than 30 years of tax practice, MAK takes a “leave no stone unturned” approach to addressing its clients’ tax constraints, challenges and predicaments in trying to identify other – and “less conventional” – approaches to the tax situation at hand.
FOR THOSE PEER FIRMS FOR WHICH AN IN-HOUSE TAX ATTORNEY WITH MAK’S EXPERIENCE IS NOT COST-EFFECTIVE, CONSIDER MAK ON AN “AS NEEDED” BASIS
For small, mid-size and even larger accounting and law firms whose practices do not render it cost-effective to maintain an in-house tax attorney resource – and certainly not one with MAK’s tax experience – MAK is well-positioned to be that tax resource should the need arise.
Whether:
-
for your client’s one-off transaction or tax audit, e.g., a tax audit posing substantial tax (including penalties and interest) exposure for the client; or
-
to have MAK available as a (or an additional) tax resource on an “as-needed" basis,
MAK could take the tax reins of such a transaction or audit or be that tax resource – or both!
That is, while your firm steadfastly works to achieve success for its clients in your firm’s area(s) of practice, MAK could be there to do the same for your firm’s clients in its area of practice … Tax!
New/different types of tax matters. In the course of MAK’s founding tax attorney’s more than 30 years of tax practice, he at times found himself having to take on client tax matters that could have been considered to be outside his then “tax comfort zone”, e.g., a customs duty matter; a Pennsylvania realty transfer tax audit, yet with there being the same expectation to deliver a favorable result for the client. Thus, MAK’s founding tax attorney’s “tax comfort zone” was continually expanding. This continues today at MAK.
MAK in the Media
MAK/its founding tax attorney being
quoted on tax matters:
➤ Trump and Harris presidential debate touched on taxes | Accounting Today
➤ The pros and cons of tax-free tips | Accounting Today
➤ Move Over, Chevron: Corner Post Poses Extra Threat to Tax Rules | Bloomberg Tax