Background
David August, Jerald was born on May 28, 1951 in Philadelphia, Pennsylvania, United States.
David August, Jerald was born on May 28, 1951 in Philadelphia, Pennsylvania, United States.
University of Pennsylvania (Bachelor of Science and Bachelor of Arts, 1974). University of Pittsburgh (Juris Doctor, 1977). New York University (Master of Laws in Taxation, 1980).
Worked at August, Comiter, Kulunas & Schepps, P.A. Admitted to the bar, 1977, Florida. 1978, United States. Tax Court and United States.
Court of Federal Claims. 1979, Pennsylvania; 1996, United States. Supreme Court.
Listed in, "The Best Lawyers in America," Taxation, 1988.
Estates and Trusts, 1995, Woodward/White, Inc., New York, N.Y. Editor-in-Chief: Journal of S Corporation Taxation, Warren, Gorham & LaMont, New York, N.Y. (1988). Columnist on S Corporation Journal of Partnership Taxation, (1986-1989. 1992); Board of Contributing Editors, Journal of Partnership Taxation and Journal of Limited Liability Companies, (1992).
Visiting Professor on Corporate Taxation, University of Florida School of Law, Master's in Taxation (Master of Laws, 1987). Adjunct Professor, University of Miami School of Law, Master's in Estate Planning, 1988. Guest Lecturer in Corporate Taxation, University of Pittsburgh, School of Law, 1988.
Author: "Allocation of S Corporation Tax Items Under Proposed §1377 Regulations," Corporate Tax and Business Planning Review, (June, 1996). "Deferred Payment of Estate Taxes on Closely Held Business Interests," Journal of S Corporation,(Summer, 1996). "The BIG Tax Under Section 1374: Blocking the Erosion of Corporate Level Taxation in a Post-General Utilities World (Part II)," Corporate Tax and Business Planning Review (April, 1996).
"The BIG Tax Under Section 1374: Blocking the Erosion of Corporate Level Taxation in a Post General Utilities World (Part I)," Corporate Tax and Business Planning Review, (March, 1996). "Recent Regulations Clarify Use of QSSTs in Estate Planning," Estate Planning (March/April, 1996). "Special Transfer Tax Valuation Rules for Interests in Family Enterprises: The Micro-Surgery of Chapter 14," 54th New York University Annual Institute on Federal Taxation (November, December, 1995).
"Subchapter S Corporations," Florida Small Business Practice (Florida Bar Continuing legal education, 3d Education 1995). "Artificial Valuation of Closely Held Interests: Secretary 2704," Estate Planning (November/December, 1995). "Subchapter S Reform Bill Introduced in Congress," Journal of Partnership Taxation, (Fall, 1995).
"The Attorney-Client Privilege and Work-Product Doctrine in Federal Tax Controvercies," Journal of Taxation, (October, 1995). "Planning for Lapsing Rights and Restrictions--The Impact of Section 2704 on Valuation," Journal of Taxation (June, 1995). "Tax Planning For Divorce", 53rd New York University Annual Institute on Taxation (1995).
"Acquisitions Involving S Corporations" 52nd New York University Annual Institute on Federal Taxation (1994). "Service Reverses Prior Ruling Concerning Impact of Guaranties on Estate Planning Issues", J.S. Corporation Tax'n (Summer, 1994). "IRS Reverses Prior Ruling on the Impact of Guarantees on the Marital Deduction," 80 J. Tax'n, No.
6 (June 1994); "Subchapter S Reform Bill Introduced in Congress", 11 J. Part. Tax'n (Spring, 1994). "Taxable Stock Acquisitions by S Corporations: TAM9245004 Permits Use of Sections 332 and 338", J.S. Corporation Tax'n (Winter, 1994).
"Interview of Senator Bob Dole," 79 J. Tax'n, No. 2 (August, 1993); "Interview of Senator David Pryor", 78 J. Tax'n, No. 4, (April, 1993); "Acquisitions Involving S Corporations", So.
California Tax. Institute (January, 1994). "Buy-Sell Agreements: Estate, Business & Tax Consequences," 51st New York University Annual Institute on Taxation (1993). "Editor's Comment: New Proposed Regulations Substantially Narrow the Definition of Royalties for Passive Investment Income Purposes Under Subchapter S", 9 J. Part.
Tax'n (Fall, 1992); "Planning Around Contingent Liabilities," 26th Miami Institute. on Estate Planning (1992). "LTR 9113009: An Ailing Ruling in Need of a Cure (What is the Proper Diagnosis for Guarantees)", 54 Tax Notes 2 (January 13, 1992). "Editor's Comment: The Subchapter S Termination Act?" J.S. Corporation Tax'n (Summer 1991).
"Use of S Corporations for Real Estate Operations," 1 J.S. Corporation Tax'n 259, Spring, 1990. "Basis Traps for Shareholders of S Corporations," 48th New York University Annual Institute on Taxation (1989). "Converting From a C to a S Corporation," 47th New York University Annual Institute on Federal Taxation (1988).
"S Corporation as a Joint Venture Partner: Recent Private Letter Rulings Fail to Reveal Scope of Revenue Ruling 77-220," 6 J. Part. Tax (Winter, 1989); "Ongoing Problems and Planning Opportunities With S Corporations," Tulane Tax Institute (Fall, 1988). "House Technical Corrections Bill and Revenue Act of 1987 Impose Toll Charge For C to S Conversions," 5 J. Part.
Tax (Summer, 1988); "Last Tango With General Utilities: Transitional Relief Corporations Under The Tax Reform Act of 1986," Fla. Bar Journal (February, 1988). "Application of Passive Activity Loss Rules to S and C Corporations," 5 J. Part.
Tax'n (Fall, 1988); "Drafting Shareholder's Agreements for S Corporations: Buy-Sell Procedures and Liquidated Damages Clauses," 5 J. Part. Tax'n (Spring, 1988). "Special Considerations in Drafting Buy-Sell Agreements for Shareholders in S Corporations," 5 J. Part.
Tax'n (Winter, 1988). "Conversions of C to S Corporations: Assessing the Impact of the New Built-in Gains Tax on S Corporations," Fla. Bar Journal (January, 1988).
"The Uncertain Status of an S Corporations's Momentary Affiliation With a Subsidiary After Haley Brothers Construction Corporation, "4 J. Part. Tax'n (Fall, 1987); "Self Reflections: The Search For Basis For S Shareholder Guarantees of Corporate Indebtedness," 3 J. Part. Tax'n (Fall, 1986); "Strict Conformity of Taxable Year Rules Imposed on S Corporations, Partnerships and Personal Service Corporations by the Tax Reform Act of 1986," Florida Bar Journal (November, 1986).
"New Taxable Year Conformity Rules Under Tax Reform: Application on S Corporations," 3 J. Part. Tax'n (Winter 1987); "Partnerships and Personal Service Corporations," 4 J. Part. Tax'n (Spring, 1987).
"Integrating Subchapter C with Subchapter S After the Subchapter S After the Subchapter S Revision Act," 37 University of Florida Law Review, February, 1986. "Navigating the At-Risk Waters After the Tax Reform Act of 1984," 63 TAXES 83 (February, 1985). "Integrating Subchapter C with Subchapter S After the Subchapter S Revision Act--Part II," 12 Journal of Corporate Taxation 269, Autumn, 1985.
"Integrating Subchapter C with Subchapter S After the Subchapter S Revision ActPart III," 12 Journal of Corporate Taxation, Winter, 1985. Co-Author: "Kinder and Gentler One Class of Stock Rules", 53 Tax Notes No. 6 (November 11, 1991).
"S Shareholders Must Still Be Wary of At-Risk Rules, Part I and Part II," J. S Corporation Tax'n (Fall 1991) and (Winter 1992). "Income in Respect of a Decedent Causes Fewer Problems for S Shareholders Than Partners," 2 S Corporation Tax 4 (Spring 1991). "Guarantees Have Unexpected Gift Tax and Marital Deduction Consequences in IRS Ruling," 74 J. Tax.
346 (June 1991); "Planning for GRITS, GRATS and GRUTS Under New Chapter 14," Fla. Bar J. (November 1991). "Investors in Leveraged Real Estate Ventures Face Unexpected Estate and Gift Tax Nightmares Under Recent Private Letter Ruling," 7 Tax Management Real Estate Journal (August 1991).
"Impact of Income in Respect of a Decedent for Partnerships and S Corporations," 9 Fla. Bar J. 65 (1990); "Limited Liability Companies: An Alternative To S Corporations And Partnerships," 7 J. Tax'n Investments 179 (Spring, 1990). "Application of At-Risk Rules to Subchapter S," J.S. Corporation Tax'n (Winter 1990).
"Recent Tax Court Decisions Offer Double Benefit in Marital Deduction Planning," 16 Estate Planning 322 (November, 1989). "Is a Business Purpose Required for At-Risk Amounts of Recourse Debt?," 70 J. Tax'n 112 (February, 1989). "Supreme Court Holds Non-Pro Rata Stock Surrenders are Capital Contributions," 66 J. Tax'n (September, 1987).
"Corporate Level Taxes On S Corporations After the Tax Reform Act of 1986," 4 J. Part. Tax'n (Summer, 1987). "Goods and Services Test for Trade or Business Rejected by Supreme Court," 66 J. Tax'n 298 (May 1987).
"Integrating Subchapter C with Subchapter S After the Subchapter S Revision ActPart I," 12 J. of Corporation Tax'n 107 (Summer, 1985). "Bad Debts," 19th-7th BNA Tax Management Portfolio. "Subchapter S Corporations," Florida Small Business Practice.
"Planning for Lapsing Rights and RestrictionsThe Impact of Section 2704 on Valuation," 6 J.Tax'n 342, (June 1995). "Recent Cases Complicate Redemptions of Stock Incident to a Divorce," 2 J.Corp.Tax'n 112 (Summer, 1995). Florida Bar (Continuing legal education) (1991 and 1985).
Member: Palm Beach County, Pennsylvania and American (Chair, 1996. Vice-Chair, 1994-1996, Committee on Continuing Legal Education. Member, Committee on S Corporations and Committee Chair, 1990-1992.
And Committee Vice-Chair, 1988-1990. Member, Committee on Tax Litigation, Litigation Section, 1982) Bar Associations. The Florida Bar (Tax Certification Committee, 1987.
Committee Chairman, 1990-1991. Executive Council, Tax Section, 1982. Executive Committee, Tax Section, 1987-1991.
American College of Trust and Estate Counsel. American College of Tax Counsel. New York University Institute on Federal Taxation (Member, Advisory Board, 1993).
National Institute of Trial Advocacy. American Law Institute (Member: Committee on Integration of Corporate Taxation, 1991. Consultive Groups Taxation of Pass-Through Entities, 1995, Donative Transfers, 1993).
(Board Certified Tax Lawyer, Florida Bar Board of Legal Specialization and Education).
Member: Palm Beach County, Pennsylvania and American (Member, Committee on S Corporations and Committee Vice-Chair, 1988-1990. Chairman, Subcommittee on Important Developments, 1981-1983. Subcommittee on Review of IRS Publication 589, 1982-1983.
Integration of Subchapter S with Subchapter C, 1983. Administrative Recommendations on Taxation of Operations, 1983. Comparison of S Corporations with Partnerships, 1984-1986.
Recently Enacted Legislation, 1986. Section on Taxation, 1978. Special American Bar Association Task Force on Entity Level Audit Provisions (1989).
Special American Bar Association Tax Force on Simplification of Subchapter S (1990). Member, Committee on Tax Litigation, Litigation Section, 1982) Bar Associations. The Florida Bar (Member, Tax Certification Committee, 1987.
Vice-Chairman, 1989; Executive Council, Tax Section, 1982. Executive Committee, Tax Section, 1987. Long Range Planning Committee, 1989.
Vice-Chairman, 1982-1983 and Chairman, 1983-1985, Committee on Subchapter S Corporations. Co-Chairman, Committee on Subchapter C Reform, 1983-1984. Corporations, Regular, 1985-1986.
Vice-Chairman, Federal Tax Advisory Division Five, 1986-1987). Testified on behalf of the Tax Section of the Florida Bar before the United States. Senate Finance Committee on the Subchapter C Revision Act of 1985, October, 1985.
(Also Of Counsel, Martin and Coleman, P.A., Ft. Lauderdale, Florida and Member, August & Comiter, West Palm Beach, Florida and Washington, D.C.).