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Donald B. Stuart: Lawyer with Waller Lansden Dortch & Davis, LLP

Donald B. Stuart

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Phone615-850-8845

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Practice Areas

  • Federal and state taxation
  • Corporate taxation
  • Mergers and acquisitions
  • Health Information Technology and Electronic Medical Records
  • Healthcare
  • Tax-exempt organizations
  • Banking and financial services
  • Aviation and aerospace
 
University Bradley University, B.S., 1987; Recipient, American Jurisprudence Award in Research & Writing, 1992; Recipient, Certificate of Merit Award in Scholarly Writing I, 1993
 
Law SchoolUniversity of Florida, LL.M., Taxation, 1997 Graduate Editor, Florida Tax Review, 1997; Thomas M. Cooley Law School, J.D., cum laude, 1995; Listed in Who's Who: American Law Students; Assistant Editor, Thomas M. Cooley Law Review, 1994
 
Admitted1995, Michigan and U.S. District Court, Western and Eastern Districts of Michigan; 1998, Tennessee
 
BornNew Zealand, December 26, 1964
 
BiographyDon Stuart is a partner at Waller Lansden and practices in the areas of federal and state taxation and corporate and business transactions, with a focus on the healthcare industry. Mr. Stuart is a member of the firm's Healthcare Department and represents both public and private companies and also nonprofit organizations in the healthcare arena, including acute care hospitals and health systems, behavioral healthcare companies, ambulatory surgery centers, healthcare technology companies, pharmaceutical firms, hospice and home healthcare operations and others. Mr. Stuart has extensive experience assisting such companies and organizations in the tax planning and structuring of: business formations; mergers and acquisitions; tax-free reorganizations; joint ventures; securities offerings; dispositions, spin-offs, liquidations and other restructurings. His practice also includes advising clients on limited liability companies, partnerships, private equity and venture capital financing, FIN 48 reporting, real estate investment trusts and "S" corporations. Mr. Stuart also represents clients before the IRS and state tax authorities in tax audits, appeals and obtaining letter rulings. Mr. Stuart counsels nonprofit and tax-exempt organizations on a variety of matters, including formations, joint ventures, sales/dispositions, executive compensation, tax-exempt bonds, intermediate sanctions, unrelated business taxable income, governance and Form 990 reporting matters. He closely follows developments involving nonprofit hospitals and healthcare systems with respect to the examination, both at the state and federal levels, of their tax-exempt status, community benefit and charity care obligations, and the IRS's new hospital exemption requirements. Mr. Stuart serves as an elected member of the IRS Great Lakes Area Tax Exempt and Government Entities (TE/GE) Council. He has written extensively and spoken in various forums on these issues. Mr. Stuart has also written articles on healthcare joint ventures between for-profit parties and tax-exempt organizations, tax-exempt hospital bonds and intermediate sanctions regulations. As Vice Chair of the Tax & Finance Practice Group of the American Health Lawyers Association (AHLA), Mr. Stuart has been actively involved with the AHLA, including moderating panel discussions for several AHLA programs, speaking on various healthcare tax related topics and writing on recent developments. Mr. Stuart is also a member of the Editorial Advisory Board for the AHLA's Federal Healthcare Laws & Regulations publication. Mr. Stuart has written on Tennessee taxation of venture capital funds, tax allocation agreements for financial institutions, RHIOs and health information exchanges, and tax-free reorganization transactions. Mr. Stuart has spoken to various professional groups on tax-related topics and has served on the faculty for the National Business Institute's annual seminar "Mergers and Acquisitions in Tennessee: The Art of Doing Deals" and the Tennessee Bar Association's "Annual Health Law Forum." Professional Activities: Member, Nashville, Tennessee and Michigan Bar Associations; Member, American Bar Association, including Sections of Taxation and Health Law, Corporate Tax Committee, Exempt Organizations Committee, Tax and Accounting Interest Group; Elected Member, IRS Great Lakes Area Tax Exempt and Government Entities (TE/GE) Council; Vice Chair, AHLA, Tax and Finance Practice Group; Member, Editorial Advisory Board, AHLA Federal Healthcare Laws & Regulations; Contributing Author, Tennessee Limited Liability Company Forms and Practice Manual; Named in Who's Who in American Law. Civic and Other Activities: Member, Board of Directors of High Hopes Inclusive Preschool and Pediatric Therapy Clinic; Member, Greater Cool Springs Chamber of Commerce, Economic and Community Development Committee; Member, Franklin Tomorrow, Business Strategy Group committee member. Articles: 12/17/2010; Income Tax Provisions Contained in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010; 8/11/2010, More than 100 Comments Available for Review on New Tax Exemption Requirements for Nonprofit Hospitals; 4/5/2010, Healthcare Reform Imposes New Requirements for Nonprofit Hospitals Compliance - Checklist Now Available from Waller Lansden;9/11/2009, Recent Survey Finds Changes in Financing and Sustainability of Health Information Exchange Initiatives; 1/16/2009, IRS Official Provides Preview of Upcoming Report on Nonprofit Hospitals, Community Benefit Standard and Executive Compensation; 8/22/2008Tax-Exempt Hospitals Receive Final Instructions for Form 990; 6/9/2008, Waller Lansden News: Waller Lansden Tax Attorney Donald B. Stuart Appointed Vice Chair of AHLA Tax and Finance Practice Group; 4/15/2008, IRS Seeks Comments from Nonprofit Hospitals and Other Tax-Exempt Organizations on New Form 990 Instructions; 12/7/2007, Nonprofits and Tax-Exempt Bond Scrutiny - Status Update; 9/10/2007, Judge Denies IRS Request for Tax Accrual Work Papers; 7/24/2007, IRS Interim Report on Tax-Exempt Hospitals; 7/19/2007, Sweeping Proposals for Reform of Nonprofit Hospitals Released Today; 7/10/2007, Opening the Blinds for "Sunshine" Baucus-Grassley Letter Calls for Expanded, Specialized Form 990s and Increased Focus on the "Commensurate Test"; 4/27/2007, Grassley Continues Focus on Nonprofit Hospitals, Requests New GAO Study; 4/27/2007, IRS Agrees to Timetable for its Tax-Exempt Hospital Compliance Project; 2/21/2007, IRS Releases Draft of "Best Practices" for Charity Boards; 12/5/2006, CBO Issues Separate Reports on Hospital Community Benefit and Tax-Exempt Hospital Bonds; 9/14/2006, Nonprofit Hospital Legislation Not Ruled Out; 9/7/2006, UPDATED: Sen. Grassley Schedules New Hearing on Tax-Exempt Hospitals; 8/31/2006, Exempt Organizations Impacted By Pension Act; 8/31/2006, New Charitable Giving Provisions Enacted; 8/6/2006, Does Your Bank or Thrift Holding Company Have a Tax Allocation Agreement with Its Depository Subsidiary? - As seen in The Tennessee Banker; 7/21/2006, First Wave of Tax-Exempt Hospital Bonds Selected for IRS Scrutiny; 5/25/2006, IRS Guidance on LIHTC Limited Partnerships; 5/25/2006, IRS Sends New Compliance Questionnaires To Nonprofit Hospitals; 4/28/2006, Catholic Health Association Responds to Sen. Grassley; 3/29/2006, The Community Benefit Standard: Are the Rules Changing for Tax-Exempt Hospitals?; 3/9/2006, Charitable Organizations: Renewed Interest in Charitable Tax Reform?; 10/11/2005, Lots of Heat and Little Light; 8/17/2005, Update: Healthcare Industry Awaits Charity Reform Legislation; 8/16/2005, An Update on Deductions for Personal Use of Aircraft; 4/11/2005, Healthcare Industry Singled Out in Latest Senate Hearing on Charity Reform; 3/18/2005, Major Overhaul of Tennessee's Limited Liability Company Act Introduced in Legislature; 9/24/2004, Hospital and Physician Investor Joint Ventures - IRS's Latest Ruling; 9/1/2004, Update: Venture Capital Funds - New Tennessee Tax Exemption; 7/28/2004, Like-Kind Exchange Property - Partnership Or Tenancy In Common? That is the Question; 4/2/2004, Ask the Legal Professional As seen in the Nashville Business Journal on April 2, 2004:Can We Structure the Sale of Our Company as a "Tax-Free" Reorganization?
 
ISLN912371380
 


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Donald B. Stuart
Waller Lansden Dortch & Davis, LLP
511 Union Street, Suite 2700
Nashville, TN 37219-1760




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