KENNETH M. HORWITZ

Mr. Horwitz has 50+ years experience in a broad general tax and transaction practice that has included a sophisticated practice in business acquisitions, corporate and partnership taxation and estate planning, frequently involving transactions with significant international aspects. That practice extends to negotiations as well as tax controversy before the IRS. In addition, because of his qualification as a certified public accountant and experience as a tax partner in a ’Big Eight’ accounting firm, his practice also includes significant experience in accounting (both tax and audit) malpractice litigation and representation before the State Board of Public Accountancy, IRS Office of Professional Responsibility, and other administrative agencies. His practice has encompassed a variety of industries such as manufacturing, real estate, high technology, oil and gas, and retail sales, among others. He was also group chief/tax law specialist for the Internal Revenue Service in Washington, D.C. His tenure with the IRS included practice in taxation and structuring of various methods of investment: domestic as well as under the laws of a variety of foreign nations.

 

- PRACTICES

Business Law

Estate Planning and Individual Wealth Management

Tax Law

 

- REPRESENTATIVE ENGAGEMENTS

Reorganization of privately held corporate and proprietorship businesses into holding company/partnership structure to achieve owner’s estate planning, federal and state income tax and asset protection goals.

Representation of European/Middle-Eastern client group in international tax examination, and related corporate reorganization, international estate planning and immigration planning.

U.S. and international tax planning for major Mexican corporate group in connection with its U.S. manufacturing and sales operations, international tax planning and related negotiation and documentation of loans and acquisitions.

Obtaining a Texas franchise tax ruling for a major software developer.

Representation in connection with IRS examination (including appeals) and collection activities, financial and legal planning, state sales tax controversy and creditor collection efforts in business workouts, including negotiations with tax authorities (federal and state), vendors, Small Business Administration, customers and suppliers.

Tax Team Leader in U.S. client’s acquisition of U.S. publicly-held U.S. corporation. Both parties owned worldwide subsidiaries with international tax issues a major factor in acquisition planning.

Representation in connection with corporate and partnership reorganizations including domestic as well as foreign entities.

Assist clients in negotiations and documentation of sales and purchases of closely held businesses.

Estate planning for client in context of divorce planning and negotiations with spouse’s counsel to achieve family goals of (1) splitting the estate in the divorce context; and (2) shifting major portions of large estate to children and future generations without gift or estate tax.

Charitable contribution planning involving substantial real estate valuation issues and including restructuring of partnerships, preparing and filing probate court action for modification of irrevocable trusts, and obtaining a private letter ruling from the IRS National Office on generation skipping tax issues.

Representation of Certified Public Accountants before the Texas State Board of Public Accountancy, the Securities and Exchange Commission, the IRS Office of Professional Responsibility, various administrative agencies and the courts.

 

- SPEECHES and PUBLICATIONS

Author,"Recent Developments Favor Use of Foreign Trade Zones", 63 Journal of Taxation 172;

"Partnerships Can Survive the Bankruptcy of a General Partner", 46 Taxation for Accountants 330;

"Worker Status Test Unchanged by the Supreme Court", 48 Taxation for Accountants 354;

"Independent Contractor vs. Employee Classification Has a Major Tax Impact", Tax Ideas, 358;

"New Law Liberalizes Worker Classification Rules", 57 Taxation for Accountants 324;

"New Law Liberalizes Worker Classification Rules", 25 Taxation for Lawyers 196;

"The CPA-Client Privilege: Boon or Bane?", 25 No. 4 Today's CPA 18;

"The New CPA-Client Confidentiality Privilege: Opportunity or Risk?", RIA Tax Planning & Practice Guide (6/18/99);

"A New Development in Tax-Free Exchange of Real Estate", 27 No. 8 Today's CPA 8;

"Comments on Circular 230 Changes", 2005 TNT 106-21;

"Revised Circular 230: New Dangers for CPAs", 33 No. 2 Today's CPA 20;

"New Tax Preparer Penalty Standards: An IRS Overlay to What Congress Has Done", Visit TSCPA and TSCPA Public Practice E-News January/February 2008 (January 3, 2008);

"Conflicts of Interest: IRS Rules Differ from AICPA Professional Standards", 42 No. 11 The Tax Advisor 776;

"How Do IRS Conflicts of Interest Rules Impact You?", 39 No. 5 Today's CPA 21;

Co-Author, "Tax Planning for Real Estate Leases for Both Lessor and Lessee", Tax Ideas, 235.

Co-Author, "Supreme Relief: The Texas High Court Announces New Statute of Limitations Rules for Accountants", 25 No.1 Today’s CPA 32.

 

- EDUCATION

Georgia Institute of Technology (B.S. 1965)

Emory University School of Law (J.D. 1968)

George Washington University National Law Center (LL.M. 1972)

 

- AFFILIATIONS

State Bar of Texas

United States Tax Court Bar

State Bar of Georgia (retired)

America Bar Association (Taxation and Real Property, Trust and Estate Law Sections)

American Institute of Certified Public Accountants (Tax Section and Tax Practice Responsibility Committee)

Texas Society of Certified Public Accountants (Board of Directors, Chair, Federal Tax Policy Comments Committee, member, Professional Ethics and IRS Liaison Committees)

Dallas Bar Association (International Law Section, past chair, Tax and Probate, Trusts and Estates)

Dallas CPA Society (member, Board of Directors, CPE Committee Chair, Past Vice President, Past Chair, Tax Committee)

American Association of Attorney-CPAs

 

E: kmh@gpm-law.com

T: 972-419-8383

F: 972-419-8329

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