| Biography:
Mitchell M. Gaswirth is a member of Proskauer Rose LLP's Tax Department. Mitchell's
practice focuses primarily on income, gift and estate tax and related business
planning.
Mitchell counsels individuals, entrepreneurs and business entities in connection
with the various income tax issues which arise in sophisticated business transactions.
Mitchell's practice also encompasses a wide array of merger and acquisition,
business formation and financings, debt restructuring, and real property acquisition,
disposition and exchange transactions. Mitchell has represented numerous public
and private business concerns in connection with their acquisition or disposition
of substantial business enterprises, including the representation of Provident
Investment Counsel in connection with its acquisition by United Asset Management,
the representation of the Auto-Shade companies in connection with their multi-faceted
merger into a limited liability company affiliate of Code Hennessey & Simmons
LP, and the representation of the Promenade Trust (owner of the assets that
comprise the estate of Elvis Presley) in a series of complex transactions.
Mitchell also provides income, gift and estate tax and related business planning
advice to individuals, families and their business enterprises in connection
with their wealth preservation and tax minimization objectives. This planning
includes tax minimization strategies involving family limited partnerships,
charitable and family "split interest" and other irrevocable trusts,
and other sophisticated wealth transfer and business succession vehicles. Mitchell's
gift and estate tax planning practice focuses particularly on counseling executives,
professionals, investors, and others in the preservation, administration and
disposition of their income and capital.
Mitchell's tax practice also involves the administrative and judicial resolution
of tax disputes with federal and state tax authorities. Mitchell represents
taxpayers in connection with income, estate and gift, sales and use, property,
and employment tax disputes with the Internal Revenue Service, California Franchise
Tax Board, and other tax authorities. In particular, Mitchell served as Lead
Tax Counsel to Paul Newman, both at trial and in the California Court of Appeals,
in the actor's successful refund suit against the California Franchise Tax Board.
The Newman case established the impropriety of the Franchise Tax Board's formula
for apportioning to California a non-resident entertainer's income derived from
both California and non-California sources.
Mitchell is a graduate of the Boalt Hall School of Law at the University of
California, Berkeley, and was awarded the Order of the Coif for academic excellence.
He is a former Legal Extern to the Honorable Allen E. Broussard of the California
Supreme Court, and past Chairman of the Beverly Hills Bar Association's Section
on Taxation. Prior to joining Proskauer, Mitchell was a partner of the Los Angeles
law firm of Mitchell, Silberberg & Knupp. Mitchell was recently recognized by Los Angeles Magazine as a "Southern California Super Lawyer," and in "The Best Lawyers in America."
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