LAW OFFICES OF MARK BERNSLEY
A Professional Corporation
► The clients' prior professional team planned a corporate restructuring and succession plan to transfer operating assets to a key employee tax-free. Delays by the attorney and accountant in implementing parts of the plan resulted in an IRS challenge to the tax-free nature of the transaction,and a determination that more than $1 million in taxes, penalties and interest was due. The matter was referred to Mark by a major international law firm. Mark tried the case before the United States Tax Court and obtained a decision that nothing was due from the clients.
► The clients, one of whom was a CPA, underwent an IRS tax audit of three years which they
were unable to resolve. Mark took their case to Tax Court and ultimately settled it for less than
20 percent of what the IRS claimed was due.
► A corporation, operating for years as a non-profit, had never qualified as a non-profit for
either state or IRS tax purposes, and never received a determination letter. Mark corrected their corporate records and obtained a favorable determination letter from the IRS for their tax exempt status.
► A couple sold their home many years after the husband had acted as general contractor in its original construction and after several remodels. Almost all records of the original cost of
construction were destroyed by water damage years before the sale. The Franchise Tax Board
did not accept the cost basis of the home as claimed on the tax return and asserted an increased gain and resulting tax. Mark fought the Franchise Tax Board and settled the case for about 10 percent of what the FTB originally claimed due.
► The IRS determined a deficiency in the client's taxes based primarily on challenges to
amounts reported for gross sales and cost of goods sold from their Schedule C business. The IRS claimed that almost $250,000, including penalties, was due. Mark brought the case to Tax Court and it ultimately settled for less than $25,000.
► Mark has helped numerous individuals correct prior erroneous tax returns.
► Helped a group of lawyers determine the best way to combine their practice, guided their
negotiation of the terms of their arrangement, and then prepared the documents necessary to
memorialize their agreement and create the new entity.
► Retained by counsel in a family law dispute to analyze a contract and suggest strategic
► Resolved or provided the strategic approach for ultimately resolving numerous shareholder
and partner disputes.
► Served as outside general counsel to several closely held businesses, handling everything
from contracts to employee handbooks to acquisitions and dispositions of businesses or
divisions, to acquisitions, sales and leases of real estate.
For more examples of Mark's expertise, see Shaping Law.
Each case stands on its own merits. No promise or warranty of specific results in your case
should be inferred from results of these past cases.
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