This may be the only firm that combines the power of deep highly technical engineering & patent law, with the tax planning and loss mitigation abilities of a tax specialization attorney.
As a short version of an introduction, I assist
in start-up or trouble modes:
Start-up mode includes: Trademark, Patent, Entity Selection, & Operating Optimization, and evaluating licensing for instant capital gain capability versus ordinary income, versus self-employment income.
Trouble mode includes: Evaluating IRS & FTB Non-Compliance Errors & Planning (civil & criminal); Tax Debt Solutions: Asset Loss Reduction & Transfer Planning; Limiting Current & Future Liability
Details of help and expertise to support your project includes advice relating to the following:(1) Tax effect is necessarily independent of patentability (using the trade secret rules on sale to enhance instant cap gains on sale);
(3) I provide guidance to help maximize patentable nature of such inventions by characterizing the scientific nature of the project and to reduce/eschew the purely internal IT (non-scientifically oriented "spread sheet" or "html" functions);
(4) I make the IT persons aware that the
additional PTO board hurdle of finding section 101 statutory subject matter
should be an early planning guide. It is believed that the elimination of
capital asset status in the Tax Cuts and Jobs Act of 2017 was an eventual
backlash over the greater focus on internet advertising. Tax patents
from several years ago didn't help.
(5) My background as a Basic/Fortran programmer, coupled with graduate degrees in Chemical Engineering & Electrical Engineering, Law, Taxation, & Business put me in a position to help IT inventors steer clear of trouble and remain to the extent possible in capital gains control.
(6) Assisting with trademark selection to: (a) avoid bleed losses from selection of a descriptive name, (b) set the stage for least disruptive examination and a quicker publication and ultimate issuance, (c) maximize future value and tax yield and personal liability reduction through selection of a holding structure, (d) minimizing litigation that often must be capitalized and result in a cost of $1.50 for every dollar spent defending the mark, (e) act as a memory multiplier and impression puzzle to multiply any advertising return, (f) the use of trademarks and trade secrets to secure a higher price ultimate sale of the business by maximizing goodwill, & (g) the use of all intellectual property to securitize sale or other transfer of the business.
techniques to select taxation of licensing income, as well as a carrot &
stick technique to encourage minimum unit sales while reserving return of
the license where the licensee does not perform.
(8) Using insurance,
entity selection & diversification of purposed units to maximize tax
deductions, reduce risk and to help evaluate and reconfigure the
(9) Performing an
analysis between the "Prolific Inventor vs. Unitary Business" continuum to
find the best fit for the future activities of the entrepreneur
(12) Help for foreign patent holders in receiving
royalties from the United States, reduction of the 30% (Fixed, Determinable,
or Periodic Income) FDAP tax to a treaty rate if possible, and the
establishment of a withholding agent and the filing of tax returns in the
United States for U.S. source income reporting, especially to result in
refunds against the FDAP.
(13) Analyzing and advising on foreign
involvement in U.S. business from loans, to joint ventures, to FIRPTA involvement; and
advising on the triggering of FBAR and FATCA.
(14) Characterizing, to
the extent possible, computer inventions with their analog and pre State
Street Bank equivalents, including emphasizing analog signals, open-ended
math functions, interactive feedback, scientific instrumentation and
statistical decision making.
identification and isolation is a major goal, in order to identify and help
the taxpayer client, reemphasizing that others can subvert and compromise
the civil and criminal liability of the taxpayer client through adverse
position as well as unintended criminal conspiracies.
(16) Tax problems
including tax and non-tax debt, Substitute for Return (SFR), providing long
range analyses for bankruptcy* (*Debt Relief Agency where actually hired to
file bankruptcy, and only after voluminous acknowledged teachings),and offer
in compromise options, expected ratio of debt types and, orderly
advantageous payoff of tax debts as beneficial.
(17) Attorney-client privilege planning through
encouragement of taxpayers to file their own returns to avoid conspiracy
potential, limited engagements with tax preparers, paper filing to effect
disclosure where electronic filing stifles disclosure; and the effect of
taking action on tolling limitation statutes.
(18) Formation and Operation of Nonprofit entities and Nonprofit Advising from small nonprofits with state-only recognition to federal recognition; Planning for effective use of federal donation deductions, small low budget nonprofit statutory liability mechanisms, insurance, efficient use of funds, and the unbalanced limits of nonprofit and business interaction, and application of government rules for nonprofit intellectual property.
(1(19) Tax Specialization Continuing Education Provider No. 15203