Scott D. Shimick joined Whiteman Osterman & Hanna LLP in January 2015. He is a partner in the Firm’s Federal and State Taxation Practice and Business, Corporate and Commercial Practice Groups. Since 2005, Mr. Shimick has been advising businesses on various tax planning strategies and representing clients before the IRS and the New York Department of Taxation and Finance with respect to audits and litigation. Mr. Shimick’s tax planning includes developing strategies for clients in mergers, acquisitions, and business dispositions, as well as advising on nonqualified deferred compensation planning.
Representative Accomplishments
Developed tax planning strategies for stock sale involving IC-DISC and minority ESOP ownership. Designed and implemented inversion reorganization to reduce state income taxes for client with significant capital assets. Developed and implemented reorganization strategy for publicly traded company for purposed of series like-kind exchanges and for avoidance of state real property transfer taxes. Represented restaurant owner in sales tax hearing, which resulted in reduction of tax liability of over 90%.Served as Adjunct Professor in SUNY Geneseo’s Masters of Tax program.
Affiliations
Mr. Shimick is admitted to practice in New York and before the U.S. Tax Court and the U.S. District Court for the Northern and Western Districts of New York. He is also a member of the American Bar Association Tax Section and a past president of the Monroe County Bar Association Tax Section.
Publications
Heisenberg’s Uncertainty: An Analysis of Criminal Tax Pretextual Prosecutions in the Context of Breaking Bad’s Notorious Anti-Hero, 50 TULSA L. REV. 43 (Fall 2014).Mertens: Law of Federal Income Taxation, Chapter 11 Cancellation of Indebtedness Income.Mertens: Law of Federal Income Taxation, Chapter 43A Section 351 Exchanges. Mertens: Law of Federal Income Taxation, Chapter 40A Real Estate Mortgage Investment Conduits (REMICs).Civil Litigation: COA Overrules Tax Department’s Position on Residency, The Daily Record (March 17, 2014).TIGTA Has Addressed Several Important IRS Problems Beyond the Tea Party Scandal, Mertens Current Tax Highlights and Developments, Spotlight Article (September 2013).
Background/Education
Mr. Shimick received a Master of Laws in Taxation from the University of Florida. He received his Juris Doctor from Loyola University New Orleans. While at Loyola, Mr. Shimick served on the Loyola Law Review and was a member of the Loyola Moot Court. Mr. Shimick received a Bachelor of Arts from the University of Florida, where he majored in Classical Studies and was a member of the Delta Theta Phi Honorary Society.
