Taxation
Downey Brand’s Tax Practice Group provides clients with comprehensive services in federal, state and local taxation.
Our tax attorneys assist corporations, limited liability companies, partnerships, trusts and individuals with all aspects of transactional tax planning, administrative audits and appeals, and tax litigation. We advise clients, help structure transactions, issue legal opinions and secure tax rulings on significant federal and state tax issues arising out of business transactions.
Tax issues exist in almost every business transaction or in the settlement of litigation with cases involving corporations, partnerships, and individuals. Real estate transactions almost always involve tax consequences. Our tax lawyers not only with tax planning, but we also represent clients in administrative and court proceedings including hearings and appeals before the Internal Revenue Service, the California Franchise Tax Board, the California State Board of Equalization, the California Employment Development Department, and local property tax assessment appeal boards. Our attorneys also represent clients in tax controversies before federal and California courts.
Selected Experience
- Structured a settlement of an easement dispute to produce a non-taxable basis recovery rather than a taxable gain.
- Structured a land improvement project to fit within certain tax-deferred like-kind exchange parking safe harbor guidelines. Entities were able to dispose of certain real estate investments and improve raw land related parties owned, all on a tax-deferred basis.
- Found technical flaws in the IRS challenge of a significant charitable contribution. The matter was before the U.S. Tax Court, and we were able to settle it for a small fraction of the IRS assessment.
- Structured a settlement of an easement dispute to produce a non-taxable basis recovery rather than a taxable gain.
- Structured a land improvement project to fit within certain tax-deferred like-kind exchange parking safe harbor guidelines. Entities were able to dispose of certain real estate investments and improve raw land related parties owned, all on a tax-deferred basis.
- Found technical flaws in the IRS challenge of a significant charitable contribution. The matter was before the U.S. Tax Court, and we were able to settle it for a small fraction of the IRS assessment.
Jennifer D. Barcellos
Jennifer D. Barcellos
Associate
Jennifer Barcellos assists families and business owners in various areas of estate planning, trust administration, probate, business, real estate, and estate, gift, and income taxation. Clients trust that she will skillfully guide them through the legal complexities with compassion and empathy.
Sacramento 916.520.5462
Associate
Sacramento 916.520.5462
Kristin N. Capritto
Kristin N. Capritto
Partner / Pro Bono Partner
Kristin Capritto assists clients with all aspects of estate planning, trust administration, probate, business entities, and real estate transactions. Her alternative dispute resolution and negotiation expertise offers clients alternatives to litigation and adversarial proceedings.
Sacramento 916.520.5275
Partner
Sacramento 916.520.5275
San Francisco 415.848.4818
Silvio Reggiardo, III
Partner
Sacramento 916.520.5374
Announcements
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November 7, 2024Downey Brand Ranked Nationally and Regionally in 2025 Best Law Firms®
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November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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November 5, 2021Downey Brand Ranked Nationally and Regionally in 2022 “Best Law Firms” by U.S. News – Best Lawyers®
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November 9, 2020Downey Brand Ranked Nationally and Regionally in 2021 “Best Law Firms” by U.S. News – Best Lawyers®
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January 2, 2020Downey Brand Welcomes Aaron Johnson to Estate Planning and Taxation Practices in Sacramento
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November 4, 2019Downey Brand Ranked Nationally and Regionally in 2020 “Best Law Firms” by U.S. News – Best Lawyers®
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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December 15, 2017Downey Brand Partner Silvio Reggiardo Appointed Sacramento County Bar President
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November 6, 2017Downey Brand Named a Tier 1 Regional “Best Law Firm” in Six Practice Areas by U.S. News – Best Lawyers® in 2018
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October 24, 2017Downey Brand Welcomes Attorneys Avalon Fitzgerald and Kristin Capritto
Speaking Engagements / Events
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March 21-22, 2024Ouch Those Interest Rates Hurt – Or Do They – Planning In a High Interest Rate Environment
2024 Estate and Gift Tax Conference -
November 22, 2023Splitting Heirs: Partition of Real Property Act
CEB Webinar Recording -
October 19, 2023Highs and Lows: Estate Planning Techniques for a High Interest Rate Environment
ABA Virtual 2023 Fall Tax Meeting: Joint Estate & Gift Tax and Fiduciary Income Tax Session -
May 16-17, 2023Improving Filing Efficiencies and Reporting Compliance For Estate and Gift Tax Returns
Presenter & Author, California Lawyers Association Taxation Section Washington DC Delegation -
May 8, 2023So, it turns out the family business and its real estate will be owned by different people. Now what?
Speaker, Capital Region Family Business Center Generations Conference -
October 6, 2022Dust to Dust: An Overview of Real Property Issues for T&E Lawyers
Presenter, Continuing Education of the Bar Webinar -
September 9, 2022Assessing and Avoiding Estate Planner Liability
Speakers, Placer County Bar Association MCLE Conference -
July 28, 2022The Do’s and Dont’s When Using Life Insurance
Speaker, 29th Annual Estate and Gift Tax Conference -
February 25, 20222022 Estate Planning Safari
Presenter, Sacramento Zoo Virtual Event -
March 4, 2020Estate Planning Safari
Presenter, Sacramento Zoo Special Event -
November 19, 2019Partnership Basics II: Drafting Partnership Allocations
Co-instructor, CalCPA Webcast Event -
May 7-8, 2018An Uncertain Future: How the Potential Clawback Muddies the Estate and Gift Tax Waters
Presenter, California Lawyers Association Taxation Section Washington DC Delegation -
January 29-30, 2018Death and Taxes are Certain, Divorce is Possible, and Business is Unpredictable – Are You Prepared?
Co-Presenter, Capital Region Family Business Center's 2018 Annual Generations Conference -
August 3, 2017New Digital Assets Law and Potential New Tax Law Changes
Co-presenter, Crocker Art Museum Estate Planning Seminar
Legal Alerts
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March 23, 2020Employers Can Begin Taking Advantage of Two New Refundable Payroll Tax Credits
Downey Brand COVID-19 News and UpdatesEmployment Law -
July 27, 2015Small Adjustments to Estate Plans Can Save Income Tax Without Triggering Estate Tax
Estate Planning
Publications
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April 12, 2022San Francisco’s Storefront Vacancy Tax is Now in Effect
Downey Brand Publication -
November 2018Valuation Discounts in Modern Estate Planning
California Grocer, Issue 5 -
October 2018An Uncertain Future: How the Potential Clawback Muddies the Estate and Gift Tax Waters
California Tax Lawyer, Vol. 27, No. 3 -
October 20, 2017Tax Law Uncertainty Should Not Delay Your Estate Planning
Sacramento Business Journal -
Fall 2017Tax Law Uncertainty Should Not Delay Farming Business Succession Planning
Spotlight -
October 2016No Longer a Business tax Haven? The Impacts of Nevada’s New Commerce Tax
Northern Nevada Business Weekly, Business Law Guide -
April 2016Family Farm and Ranch Business Succession
Inside the Minds: Family and Business Succession Planning, 2016 Ed., Aspatore Books -
October 12, 2008The Power to Destroy: The Psychology of Gaming Taxation
Gaming Law Review & Economics, Volume 12, Number 5