Brad Davis represents business owners in matters including succession planning and exit strategies such as sales to third parties for cash and/or securities, utilization of ESOPs to transition ownership as well as direct sales to family members and key employees. These transactions also include use of dynasty trusts, asset protection trusts and consideration of a private family trust company versus a public trust company in the administration and management of such trusts.
After law school and obtaining certification in public accounting, Brad worked in the tax department of Arthur Andersen & Co.’s Atlanta office prior to obtaining a Master’s of Law in taxation. As a member of Arthur Andersen & Co.’s team of tax attorneys/CPAs, he was involved in structuring strategies relating to business transactions, tax free exchanges, real estate, equipment leasing and other investment partnerships. His law practice has included preparation of private placement memoranda under Federal and State exemptions, including private offerings for software for small and medium size banks, capital funding for building supply companies and horse syndications.
He was co-counsel in a qui tam lawsuit in the U.S. District Court in Texas (Northern) under the Federal False Claims Act relating to MRAP (Mine-Resistant Ambush Protected) U.S. military light tactical vehicles.
Brad’s legal practice includes tax and business planning for diverse individuals and business entities, including organizations, reorganizations, private securities offerings under federal and state securities laws, mergers, acquisitions and sales and purchases of businesses; estate planning, probate and trust administration; shareholder and partnership agreements, operating agreements for limited liability companies, and dispute resolution involving shareholders, partners, members of limited liability companies; corporate employment and non-qualified compensation agreements (stock options, stock appreciation rights, etc.) and business ownership succession planning. Brad's diverse client base includes law firms, medical groups, architects, construction, manufacturing, restaurants, business consultants, realtors, specialty pharmacies and radio stations.
Brad represents individuals and businesses before the Internal Revenue Service, the United States Tax Court and 11th Circuit Court of Appeals. He represents clients in connection with the assessment of the 100% penalty for failure to remit employment taxes, collection of assessed income taxes, innocent spouse issues, issues regarding the characterization of income as ordinary vs. capital gain, changes in accounting methods, unreasonable compensation issues, independent contractor vs. employee status, and additions to tax and penalties, including failure to file income tax and information returns and accuracy related penalties.