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Taxation

Tax planning and counseling for business and corporate clients engaged in mergers and acquisitions, spin-offs, capital equipment leasing transactions are among the diverse tax law services rendered by Martin, Tate, Morrow & Marston. The Firm's Business/Tax lawyers have experience in the area of compensation and benefit planning, including all aspects of deferred compensation, stock option and fringe benefits, including qualified plans. Within the qualified plans area, members of the Firm have been involved in the design, drafting and implementation of qualified pension, profit sharing, stock bonus, employee stock ownership plans. The Firm is also experienced in the charitable tax area, including charitable planning for individuals and the creation and representation of charitable foundations and entities. A number of Martin, Tate, Morrow & Marston attorneys are either Certified Public Accountants or hold masters degrees in accounting and taxation.

Internal Revenue Service representation includes all administrative levels within the Internal Revenue Service from the revenue agent through the administrative appellate process, as well as litigation in Tax Court, the United States District Court, and the United States Courts of Appeal. The Firm also represents non-profit and tax-exempt organizations with tax related matters including requests for tax-exempt status.

State and local taxation matters handled by the Firm include cases involving income, excise and franchise tax, sales and use taxes, gross receipts taxes, and property taxes, as well as the Hall Income Tax, and the Tennessee Gift, Inheritance and Estate Taxes. This representation takes the form of tax planning, advising clients about changes in the tax laws (both before and after the occurrence of a "taxable event"), representation of clients during an audit by the Tennessee Department of Revenue or the Mississippi State Tax Commission, as well as during the administrative appeal stages, and finally, representation of clients in the various state courts, should that become necessary. The Firm obtains advance rulings from the Mississippi State Tax Commission and has experience working with the Mississippi State Tax Commission to draft tax related legislation, regulations and guidelines on matters beneficial to our clients. The Firm represents clients with Mississippi property tax matters before county tax assessors and tax collectors, through appeals of assessments to the county board of supervisors and to county circuit courts, if necessary.

Tax incentives for new or expanding projects have been negotiated by Martin, Tate, Morrow & Marston for the benefit of clients in order to obtain significant reductions in property taxes for many years into the future, as well as tax exempt (less costly) financing for the project through the Industrial Development Board of the City of Memphis and County of Shelby, Tennessee, and other industrial development boards. Such planning also sets the stage for additional tax savings involving other state and local taxes. Martin, Tate, Morrow & Marston also represents companies locating or expanding operations within the State of Mississippi in obtaining tax incentive packages through negotiations with State and local authorities. Our Southaven office is uniquely situated within the northwest corridor of Mississippi, a growing area with easy access to the Memphis International Airport, and the FedEx and UPS Hubs. Tax services offered to clients with operations throughout Mississippi involve Mississippi income, franchise, sales and use taxes and county and local ad valorem taxes, including planning as well as tax controversy work. Counsel is also provided on minimizing the Mississippi contractors’ tax which is imposed on Mississippi commercial construction projects.