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Julian Fortuna, Corporate, Business, Tax Attorney

Julian A. Fortuna

Partner

678.336.7191

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 manufacturing, hospitality, real estate, retail, health care, higher education and clean energy. 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, 2015-2016

State Bar of Georgia, Chair, Taxation Section, 2016

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 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

"Creatives: Understanding the Business and Legal Side of Your Film Shoot in Georgia," 2016 Savannah Film Festival
October 22-29, 2016
"ESOPs," 15th Annual North Carolina/South Carolina/Georgia Tax Section Workshops
May 29, 2016
"Taxation of Settlement Payments," 15th Annual North Carolina/South Carolina/Georgia Tax Section Workshops
May 28, 2016
"What is a §501(c)(3) Tax Exempt Organization and Its Limitations," 2016 Atlanta Bar Association March Madness Pro Bono Event
March 22, 2016
"Recent Developments in the Taxation of Settlement Payments in Employment and Commercial Litigation," 2016 State Bar of Georgia Midyear Meeting
January 7, 2016
Panel Moderator, "1031 Hot Buttons: Current Tax Issues in Like-Kind Exchanges," State Bar of Georgia Institute of Continuing Legal Education
December 17, 2015
Panelist, "IRS and DOJ Voluntary Disclosure and Whistleblower Programs," Atlanta Bar Association, Criminal Law Section
November 11, 2015
Panel Moderator, "The Nuts and Bolts of ESOPs," Atlanta Bar Association, Tax Law Section
October 19, 2015
"Foreign Asset Reporting," Business RadioX
June 19, 2015
"Recent Federal Income, Estate and Gift Tax Developments," Georgia Society of CPAs
April 21, 2015
The Best of CLE Seminar, Tax Law
February 25, 2015
"2014 Income, Estate and Gift Tax Developments," The Seminar Group
February 25, 2015
"A Primer on 'Tax Free' Corporate Reorganizations and the Transfer of Tax Attributes," State Bar of Georgia Institute of Continuing Legal Education
December 18, 2014
"TEFRA Partnership Litigation," State Bar of Georgia ICLE
April 24, 2014
"2013 Income, Estate and Gift Tax Update," The Seminar Group
February 27, 2014
"Recent Federal Income, Estate, and Gift Tax Developments," Tax Talks
February 26, 2014
"Hot Topics in Exempt Organizations," State Bar of Georgia ICLE
2013
"Tax Aspects of Divorce," The American Society of Attorney-CPAs
2013
"Recent Developments in Income, Estate and Gift Tax Planning," The Seminar Group
2012
"Recent Developments in Income, Estate and Gift Tax Planning," The Seminar Group
2011
"Recent Developments in Income, Estate and Gift Tax Planning," Gwinnett Bar Association
2010
"Addressing Liquidity Concerns Upon the Death of An Owner of a Closely-Held Business," 2009
"Recent Developments in Income, Estate and Gift Tax Planning," Atlanta Bar Association
2009