Featured Publications

207 Holland & Knight Lawyers Named The Best Lawyers In America for 2009

207 of the firm's lawyers representing 50 different practice areas have been named by their peers to the 2009 edition of The Best Lawyers in America. The firm leads the nation with the most attorneys listed in the categories of Bet-the-Company Litigation, Commercial Litigation, Land Use & Zoning, Transportation Law, and Trusts and Estates.

More

Holland & Knight Tampa Partner A. Brian Albritton Nominated For U.S. Attorney of the Middle District of Florida

TAMPA – A. Brian Albritton, a litigation partner in the firm's Tampa office, has been nominated by President George W. Bush for U.S. Attorney of the Middle District of Florida. The nomination must be approved by the Senate. Once approved, Albritton will take over for interim U.S. Attorney Robert O'Neill.

More

Search Our Library

Search

  • Printer friendly
  • Email this page to a friend
  • Generate a PDF version of this page
Private Wealth Services
Newsletter - Summer 2005
 
In this Issue...
Alert: New IRS Regulations Will Result in Disclaimers on Certain Tax Advice to Clients
 
June 22, 2005
 
R. Scott "Scott" Johnston- New York

In Circular 230, the Treasury Department and the Internal Revenue Service have issued broad new regulations effective June 20, 2005, that impact the form in which attorneys and other tax professionals render written advice to their clients. These regulations were originally intended to curb the practice of taxpayers entering into certain questionable tax shelter transactions, the principal purpose of which is to avoid or evade tax, and obtaining opinion letters from counsel in an effort to insulate themselves from the imposition of penalties. Unfortunately, the regulations were drafted and adopted in such a broad fashion that they arguably encompass many long-standing and well-accepted estate planning techniques.

Until the application of these regulations is clarified through practice or further amendment, in an abundance of caution, it will be necessary to include the following disclaimer on certain written correspondence:

To ensure compliance with Treasury Regulations (31 CFR Part 10, §10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

If you desire a formal opinion on a particular tax matter for the purpose of avoiding the imposition of any penalties, we will discuss the further Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and additional fees involved.

We wanted to alert you to this development and explain the underlying rationale for Circular 230 so that such a disclaimer could be put in the proper context if it appears on advice received from a Holland & Knight lawyer.

For more information, e-mail R. Scott Johnston at scott.johnston@hklaw.com or call toll free, 1-888-688-8500.