Julian Fortuna, Corporate, Business, Tax Attorney

Julian A. Fortuna

Partner
jfortuna@taylorenglish.com
678.336.7191
  • vCard
  • Print PDF
  • LinkedIn
  • Twitter

Profile

Clients should choose Taylor English to handle their domestic and international tax planning and tax controversy matters because the depth and breadth of our experience allow us to efficiently deliver a broad array of complex tax planning services and effectively represent our clients in any tax controversy.

Julian A. Fortuna focuses his practice on domestic and international tax planning and tax controversy matters. His industry experience spans clean energy, entertainment, health care, higher education, hospitality, manufacturing, non-profit, real estate and retail. Mr. Fortuna represents business entities, owners and executives, fiduciaries and beneficiaries of trusts and estates, and non-profit entities regarding all types of federal and state income, estate, and gift taxes. In tax controversies, Mr. Fortuna represents taxpayers in civil and criminal tax audits, investigations and administrative appeals before the Internal Revenue Service (IRS) and various state, local and foreign taxing authorities and in tax litigation before federal and state courts and tax tribunals. 

Prior to entering private practice, Mr. Fortuna was vice president and general tax counsel for InterContinental Hotels Group PLC (IHG), where he was responsible for structuring the international, federal, state and local tax impacts of mergers, acquisitions, dispositions and other corporate transactions, as well as construction projects, leases, exchanges, and other real and personal property transactions. He also directed tax research and planning for cross-border financing, captive insurance, and the worldwide use of trade names and other intangible assets. Mr. Fortuna represented IHG before the IRS and various other tax authorities on audits, appeals and ruling requests, and pursued tax regulatory and legislative changes for the benefit of IHG with U.S. Treasury and congressional personnel in Washington. Prior to joining IHG, Mr. Fortuna spent 11 years in the Tax Department at Deloitte and Touche, where he served a variety of corporate and individual clients, and prior to that he served four years in the U.S. Treasury Department at the Office of the Chief Counsel for the IRS, where he was responsible for litigation in the U.S. Tax Court.

Memberships

Atlanta Bar Association, Chair, Tax Law Section, 2014-2017

State Bar of Georgia, Chair, Taxation Law Section, 2016-2017

Georgia State University College of Law Low-Income Taxpayer Clinic, Advisory Board Member, 2016

Community Involvement

North Springs Charter High School Mock Trial Team, Volunteer Attorney-Coach, Atlanta Region 3 Champion, 2013

Practice Highlights

Experience

  • Tax planning for corporate transactions

    Advised numerous corporate clients in structuring reorganizations, spin-offs, joint ventures, transfers to controlled corporations, and other tax-deferred transactions in connection with mergers, acquisitions and divestitures and in preparation for the establishment of ESOPs and other qualified employee benefit plans.

  • Tax planning for S Corporations, LLCs and partnerships

    Advised numerous S Corporations, LLCs and partnerships, and their owners, regarding initial qualification and the taxation of operating and investment income, raising debt and equity capital, executive compensation, and disposition of assets or entities.

  • Tax planning for real estate transactions

    Representing group of investment entities on the tax-deferred sale of large tracts of real estate valued at more than $500 million. Structured all kinds of tax-free like-kind exchanges of real estate, including forward, reverse, construction and related-party exchanges.

  • Tax planning for renewable energy credits and grants

    Representing solar, wind, and biomass renewable energy developers in the structuring of entities to raise equity and debt supported by tax credits and grants.

  • International and domestic tax matters for large non-profit university

    Representing large non-profit university with respect to domestic and international tax planning, compliance and controversy matters.

  • International tax controversy

    Representing large, complex group of foreign entities, including a private foundation and its founders in an IRS examination involving classification and taxation of entities with more than $50 million of tax and penalties at stake.

  • Tax litigation

    Co-counsel in federal lawsuit seeking redress against the IRS and individual defendants for unconstitutional viewpoint discrimination against non-profit educational and advocacy groups.

    Representing a large, international aircraft parts manufacturer in complex property tax dispute.

    Representing one of the world's largest religious organizations in an unprecedented sales and use tax case.

  • Film tax credits

    Representing a bank lender in the financing of a tax credit syndicate using ownership interests in the entities owning the credits as collateral for the loan. 

  • ESOP transactions

    Represented business owners, plan sponsors, trustees, lenders, and related clients in a wide variety of tax issues arising in ESOP transactions ranging in value from $10-$300 million.

  • Use of lodging facility by religious organization

    Georgia Department of Revenue agreed to limit sales tax on use of lodging facility by church members and related groups.

  • Use of Lear Jet for business

    IRS agreed owner of Lear Jet entitled to interest, deprecation and operating expense deductions.

  • Tax planning for business transactions

    Representing business entities in a wide variety of industries on top matters related to formation, financing, operations, restructuring, and dispositions.

  • Sale of construction company's stock to an Employee Stock Ownership Trust

    Served as counsel to an Atlanta-based construction company with operations in more than 40 states in the establishment of an ESOP and sale of its stock to the related Employee Stock Ownership Trust, drafting and negotiating all legal documents, working with the investment banker, and negotiating terms of sale with counsel for the Trustee and the senior lender. The matter involved a AAA strip-out, a stock purchase by the ESOP, bank loan, an exchange of all stock not ...

  • Sale of manufacturing company's stock to an Employee Stock Ownership Trust

    Served as counsel to a Georgia manufacturer with operations across the U.S. in the establishment of an ESOP and sale of its stock to the related Employee Stock Ownership Trust, drafting and negotiation of all legal documents, working with investment banker and negotiating terms of sale with seller’s counsel, senior lender’s counsel and Trustee’s counsel. The matter involved a bank loan, stock purchase by the ESOP, a subsequent refinance and warrant ...

  • Sale of ESOP-owned company to a strategic buyer

    Represented Wilmington Trust Retirement and Institutional Services Company, Trustee of an Employee Stock Ownership Trust established by a large company in this transaction involving the sale of all of the common stock held by the ESOP to an outside party. Our ESOP team worked closely with ERISA and corporate counsel for the Company and with the ESOP Trustee and the Trustee's financial advisor to negotiate the terms and conditions of sale of the stock. The Trustee ...

  • Sale of residential development land holdings portfolio in excess of $200 million

    Co-lead counsel to seller in negotiating sale of entire portfolio of residential development land holdings including with respect to tax advice for structuring transaction valued in excess of $200 million in 2014.

  • Represented Trustee in one of the largest ESOP transaction of 2013

    Represented Wilmington Trust Retirement and Institutional Services Company, Trustee of the Employee Stock Ownership Trust of a large company in a matter involving a large transaction under which the ESOP obtained 100 percent ownership of the Company. This was one of the largest ESOP transactions in the country in 2013, and it was one of two very large ESOP transactions closed by our firm in 2013. Our ESOP team negotiated the terms of the transaction and with ...

  • Sale of stock to an Employee Stock Ownership Trust

    Represented Wilmington Trust Retirement and Institutional Services Company, Trustee of Martin Resource Management Corporation’s MRMC ESOP Trust (ESOP) in a complicated second stage ESOP transaction that resulted in approximately 100 percent ownership of the Company by the ESOP. We believe this transaction was one of the largest ESOP transactions in the country in 2013, and it was one of two very large ESOP transactions closed by our firm in 2013. Our ESOP ...

Newsroom

Speaking Engagements

Headlines

Education

Rutgers University School of Law, JD, 1980

Emory University School of Law, LLM, 1984

City University of New York, BA, 1977

Certified Public Accountant, 1987

Bar Admissions

Georgia

New York

Courts & Adjudicative Bodies

Georgia Tax Tribunal

U.S. Tax Court

U.S. District Court for the District of Columbia

U.S. District Court for the Northern District of Georgia

U.S. Court of Appeals for the District of Columbia Circuit

Accolades

Martindale-Hubbell® AV® Preeminent, Taxation, Resorts and Leisure, and Trusts and Estates, 2010-2016

The Best Lawyers in America®, Tax Law and Tax Controversy/Litigation, 2011-2017

Georgia Super Lawyers, Tax, 2012-2017

Georgia Trend Legal Elite, Taxes/Trusts and Estates, 2011-2016

Georgia Tax Lawyer of the Year, Tax Law Experts, 2016-2017

"Five Star Award" for Estate Planning, 2014, 2015

Avvo, Inc. "Superb" 10/10 Rating, 2010-2015