Thomas F. Garth Partner

Tom Garth practices in the areas of taxation, corporate and estate tax, estate planning, qualified retirement plan, corporate, mergers and acquisitions, foreign tax planning, securities and health care. He has practiced before probate courts, state courts, U.S. district courts and tax courts. Mr. Garth regularly represents clients in the formation of family limited partnerships, LLCs, wills, grantor retained annuity trusts, grantor trusts and other leveraged estate planning opportunities. He also regularly assists clients with estate tax return audits and handles large-scale IRS disputes.

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Tom Garth practices in the areas of taxation, corporate and estate tax, estate planning, qualified retirement plan, corporate, mergers and acquisitions, foreign tax planning, securities and health care. He has practiced before probate courts, state courts, U.S. district courts and tax courts. Mr. Garth regularly represents clients in the formation of family limited partnerships, LLCs, wills, grantor retained annuity trusts, grantor trusts and other leveraged estate planning opportunities. He also regularly assists clients with estate tax return audits and handles large-scale IRS disputes.

Mr. Garth has been a Fellow of the American College of Trust and Estate Counsel since 1989. Mr. Garth is the practice coordinator of the business group in the Mobile office. He was with Lyons, Pipes & Cook in Mobile before the firm joined Phelps Dunbar. He was an officer in the U.S. Navy from 1970-71, where he was stationed on the U.S.S. Lexington, CVT-16.

Experience

  • Handled and is currently handling IRS disputes up to $20 million
  • Has completed ESOPs for companies ranging from $5-40 million
  • Regularly represents clients in the formation of family limited partnerships, LLCs, grantor retained annuity trusts, grantor trusts and other leveraged estate planning opportunities
  • Represents clients in the formation of captive insurance companies both offshore and onshore
  • Regularly assists clients with estate tax return audits and has successfully resolved audits by IRS with estates in the $10-30 million range
  • Created defined benefit plans as an earnings deferral technique and regularly assists closely held organizations with their tax planning using tax preferred earnings bail out techniques
  • Represents a number of high net worth individuals who own timberland and oil and gas producing properties and closely held corporations
  • Created charitable remainder trusts, charitable lead trusts, and conservations easements

Insights

Publications
  • Author, Conservation Easements: Preserving the Environment and the Family Estate
  • Author, Deferred Charitable Giving
  • Author, Section 529 College Education Savings Plans
  • Author, Deemed Sale Election Can Reduce Capital Gain Tax

Memberships & Affiliations

  • Alabama State Bar
  • Alabama Bar Institute for Continuing Legal Education
  • Alabama Bar Examiner in Wills, Trusts and Estates and Federal Income Taxation (1981-1985)
  • Alabama Law Foundation (Fellow)
  • Mobile Estate Planning Council (President, 1991-1992)
  • Alabama Federal Tax Clinic (Former Board Member and President, 2002)
  • The American College of Trust and Estate Counsel (State Chair; Fellow, 1989-present)

Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America© (Woodward/White, Inc.), Employee Benefits (ERISA) Law in Mobile, 1995-2019; Litigation - Trusts and Estates in Mobile, 2011-2019; Nonprofit / Charities Law in Mobile, 2007-2019; Tax Law in Mobile, 1993-2019; Trusts and Estates in Mobile, 1993-2019
  • The Best Lawyers in America© (Woodward/White, Inc.), "Lawyer of the Year" Tax Law in Mobile, 2015; Litigation - Trusts and Estates in Mobile, 2013
  • Selected to the Mid-South Super Lawyers list, Super Lawyers (Thomson Reuters), 2008-2018

Education

  • New York University School of Law
    LL.M. in Taxation, 1975
  • Samford University, Cumberland School of Law
    J.D., 1974
  • University of Virginia
    B.A., 1970

Admissions

  • Alabama
  • U.S. District Court, Southern District of Alabama
  • U.S. District Court, Northern District of Alabama
  • U.S. District Court, Middle District of Alabama
  • U.S. Tax Court
  • Handled and is currently handling IRS disputes up to $20 million
  • Has completed ESOPs for companies ranging from $5-40 million
  • Regularly represents clients in the formation of family limited partnerships, LLCs, grantor retained annuity trusts, grantor trusts and other leveraged estate planning opportunities
  • Represents clients in the formation of captive insurance companies both offshore and onshore
  • Regularly assists clients with estate tax return audits and has successfully resolved audits by IRS with estates in the $10-30 million range
  • Created defined benefit plans as an earnings deferral technique and regularly assists closely held organizations with their tax planning using tax preferred earnings bail out techniques
  • Represents a number of high net worth individuals who own timberland and oil and gas producing properties and closely held corporations
  • Created charitable remainder trusts, charitable lead trusts, and conservations easements
  • Author, Conservation Easements: Preserving the Environment and the Family Estate
  • Author, Deferred Charitable Giving
  • Author, Section 529 College Education Savings Plans
  • Author, Deemed Sale Election Can Reduce Capital Gain Tax
    • Alabama State Bar
    • Alabama Bar Institute for Continuing Legal Education
    • Alabama Bar Examiner in Wills, Trusts and Estates and Federal Income Taxation (1981-1985)
    • Alabama Law Foundation (Fellow)
    • Mobile Estate Planning Council (President, 1991-1992)
    • Alabama Federal Tax Clinic (Former Board Member and President, 2002)
    • The American College of Trust and Estate Counsel (State Chair; Fellow, 1989-present)
    • AV® Preeminent Peer Review Rated by Martindale-Hubbell
    • The Best Lawyers in America© (Woodward/White, Inc.), Employee Benefits (ERISA) Law in Mobile, 1995-2019; Litigation - Trusts and Estates in Mobile, 2011-2019; Nonprofit / Charities Law in Mobile, 2007-2019; Tax Law in Mobile, 1993-2019; Trusts and Estates in Mobile, 1993-2019
    • The Best Lawyers in America© (Woodward/White, Inc.), "Lawyer of the Year" Tax Law in Mobile, 2015; Litigation - Trusts and Estates in Mobile, 2013
    • Selected to the Mid-South Super Lawyers list, Super Lawyers (Thomson Reuters), 2008-2018