Author Profile

Jerald David August

Jerald David August

Phone: 215.299.2000
2000 Market Street Tenth Floor Philadelphia PA 19103 United States

About

Jerald David August is co-chair of Fox Rothschild’s Tax & Estates Department and managing partner of the firm’s West Palm Beach office. He also practices out of the firm’s Philadelphia office. His nationally recognized taxation experience includes:

  • Federal tax matters, including corporate and partnership taxation
  • Federal transfer taxation
  • Tax litigation and tax controversy, including trials before the United States Tax Court and appeals before the Eleventh Circuit Court of Appeals
  • Estate planning for owners of closely held businesses

Jerry represented the Tax Section of the Florida Bar Association before the U.S. Supreme Court in Estate of Hubert v. Commissioner. He has also served as an adjunct professor at the University of Miami Law School and as a visiting professor at the University of Pittsburgh School of Law and the Graduate Tax Program at the University of Florida School of Law. Jerry has published extensively on federal taxation and lectured at leading tax institutes.

Practice Areas

* Tax & Estates * Estate Planning & Trusts and Estates * Federal Income Taxation * Federal Tax Controversy & Litigation * Probate Litigation * Tech & Venture Finance

Education

* LL.M., Taxation, New York University School of Law, 1980 * J.D., University of Pittsburgh School of Law, 1977 * B.S., University of Pennsylvania, Wharton School of Business * B.A., University of Pennsylvania, College of Arts and Sciences

Bar and Court Admissions

* Florida * Pennsylvania * U.S. Court of Appeals, Eleventh Circuit * U.S. Supreme Court * U.S. Tax Court

Memberships

* American Bar Association, Section of Taxation, Vice-Chair/Publications, 2004-2006 * American College of Tax Counsel * American College of Trusts and Estates Counsel * American Law Institute * American Tax Policy Institute * Pennsylvania Bar Association * Philadelphia Bar Association

Board of Directors

* New York University Institute on Federal Taxation Advisory Board * New York University School of Law Graduate Tax Program * New York University School of Law, Wallace-Lyon National Tax Law Workshop * Wallace-Lyon National Tax Law Workshop, Program Chair, 2005

Recent Articles

The Large Business and International Division of the Service Issues Directive on Raising the Economic Substance Doctrine

Jerald David August
July 18, 2011 02:09

   On July 15, 2011 the LB&I issued a directive (LB&I-04-0711-015) for industry directors and field specialists on when it is appropriate to raise the economic substance doctrine. IRM. 20.11, 20.1.5. The directive follows one issued in September 2010 (LMSB-04-0910-024) that...

United Kingdom Still Weighing the Proper Standard for Tax Residency

Jerald David August
July 18, 2011 01:56

  In a recent commentary written by Trevor Johnson, which commentary  was published in International Tax Notes (July 11, 1011) the author describes the long-standing uncertainty surrounding the determining of "residency" for U.K. income tax purposes.   The issue is...

Congress Recently Amends Section 304 to Prevent Avoidance of U.S. Tax on Redemption of Stock Held By a Foreign Corporation from a Controlled Foreign Corporation

Jerald David August
July 10, 2011 15:24

  Enactment of Section 304(b)(5)(B) in 2010 In The Education Jobs and Medicaid Assistance Act (P.L. 111-226, August 10, 2010), Congress amended §304(b)(5) by adding, in §304(b)(5)(B), to deny dividend reduction from earnings and profits  for a purchase of stock by a controlled...

Large Corporations Required to File Statement Disclosing Uncertain Tax Positions with Annual Corporate Income Tax Return

Jerald David August
July 06, 2011 15:34

In  IRS Announc. 2010-9, 2010-7 IRB 408 (the “UTP Announcement”),  the IRS announced that it was considering the adoption of an important addition to the income tax reporting requirements of corporations and certain business taxpayers. The new schedule would require certain...

Recent Decision of Judgment of the Court (Grand Chamber) of EU in Akzo Nobel Chemicals, et al v. European Commission Imperils Attorney Client Privilege for Foreign Based Subsidiaries, Including in U.S. Tax Proceeings and Non-Tax Proceedings

Jerald David August
June 26, 2011 11:43

In a decision that has wide-sweeping implications for companies that are doing business in the EU or otherwise become a party to a legal or administrative proceeding governed by the EU, as well as to American persons engaged, directly or indirectly such as through ownership of a controlled...