Experience

Kirk H. O’Ferrall advises clients on issues involving taxation and corporate law. With over 30 years of practice, Kirk has extensive experience counseling domestic and international corporations, partnerships, limited liability companies, not-for profit entities, and individuals. He brings a pragmatic approach to solving complex problems.

In the area of taxation, Kirk regularly advises businesses in structuring new ventures and conducting transactions in a tax-efficient manner. He represents clients in administrative proceedings and litigation with the Internal Revenue Service and state tax authorities and before the United States Tax Court. Representative recent matters include:

• Advising a foreign investment fund in structuring acquisitions/joint ventures in the United States.
• Advising a U.S. investment fund regarding international tax matters.
• Providing advice to domestic and foreign clients regarding structuring tax-free like-kind exchanges of property.
• Representing clients in residency audits by State tax authorities.

Not-for-profit organizations have long been a focus of Kirk’s practice. He is involved in all aspects of advising charitable and other not-for-profit entities, from formation and obtaining initial income tax exemptions, to operational issues such as unrelated business income tax, employee compensation, charitable contributions, and compliance with IRS filing and reporting requirements. Recent activities include:

• Advising a private foundation with respect to termination and distribution of assets to a donor advised fund.
• Providing a world-renowned educational institution with advice regarding employee incentive compensation programs and unrelated business income tax matters.
• Assistance in structuring complex charitable gifts.
• Representation in IRS audits.

Kirk also assists clients with an array of corporate matters, including formation of start-up businesses, drafting partnership and limited liability company agreements and shareholder agreements, and corporate transactions.

Professional History

Prior to joining Zeisler PLLC as a partner in February 2015, Kirk was a partner (August 1998 – January 2014) and associate (January 1987 – July 1998) with Satterlee Stephens Burke & Burke LLP.

Education

Kirk earned his undergraduate degree (B.A., 1980) in Political Science and History, and his law degree from Georgetown University Law Center (J.D., 1984, M.L.T., 1985) where he was a legal research and writing instructor and an editorial board member and graduate student advisor to The Tax Lawyer law review.

Professional Activities, Memberships

• Lead Articles Editor, The Tax Lawyer, 1994-2020
• Adjunct Faculty Member, New York University School of Continuing Education, 2002-2004
• Board of Directors, IRIS (USA) Foundation, 2013-2015
• American Bar Association, Section of Taxation
• New York State Bar Association, Section of Taxation