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Michael J. Donohue
Partner, Tax
Thanksgiving Tower, Suite 3000
1601 Elm Street
Dallas,
Texas
75201
Phone:
214.999.4231
Fax:
214.999.3231
mdonohue@gardere.com
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Area(s) of Expertise
Practice Emphasis
Mike Donohue represents U.S. and multinational companies with domestic and international tax matters, including international tax issues, mergers and acquisitions, tax planning, executive compensation and tax controversy matters. Mr. Donohue also handles FIN 48 issues relating to U.S. and international tax matters.
Mr. Donohue, a Certified Public Accountant, is the practice group leader for the Income Tax group and is a member of Gardere's Private Equity, Securities and Corporate Governance, and Hospitality Teams. Mr. Donohue has been recognized in The Best Lawyers in America annually since 2010.
Clients and Matters
Mr. Donohue handles sophisticated acquisitions, complex business restructurings and administrative tax controversies. He represents clients in a variety of international tax matters, including permanent establishment, withholding and subpart F issues. Mr. Donohue also advises on international structuring, both inbound and outbound. Mr. Donohue has advised an Indian client on use of a Bermuda company to own U.S. operating entities, has structured a U.S. taxpayer’s European operations through a Swiss holding company, and has planned the formation and operation of a Spanish company for a U.S. taxpayer. Mr. Donohue was recently successful in obtaining a significant tax ruling from the Canadian tax authority for a large Chinese client and has provided advice to taxpayers on a variety of FIN 48 matters.
Education
- J.D., University of Miami School of Law, cum laude (1983)
- B.S., Canisius College (1976)
Publications and Speeches
Tax Treatises
- Co-Author with C. Hanna, M. Martin, D. Leightman and C. Lowell, Corporate Income Tax Accounting (Warren Gorham and Lamont) (2009).
- Co-Author with C. Lowell, B. Wells and M. Martin, U.S. International Taxation: Agreements, Checklists and Commentary [Warren Gorham and Lamont (1 vol.), 3d Edition] (2005).
Publications
- Author, Tax Planning in 2012 for the 2013 Fiscal Cliff, Gardere Tax Alert, Gardere Wynne Sewell LLP, Nov. 27, 2012.
- Co-Author with M. Martin, FIN 48 and Transfer Pricing, 48 Tax Mgmt. Memorandum (Nov. 12, 2007).
- Co-Author with C. Lowell and M. Martin, Managing Transfer Pricing (Part II), 17 J. Int'l Tax'n 30 (Sept. 2006).
- Co-Author with C. Lowell and M. Martin, Managing Transfer Pricing (Part I), 17 J. Int'l Tax'n 44 (July 2006).
Speeches
- Speaker, Address at the Dallas CPA Society Conference: FIN 48: Practical Application and Recent Developments, Dallas, Texas (May 2008).
- Co-Speaker with C. Lowell, Address to Atlas: Hot Issues in Corporate Tax Accounting, San Francisco, CA (March 2008).
- Speaker, Address to Atlas: Transfer Pricing and Permanent Establishments, Dallas, Texas (March 2008).
- Co-Speaker with M. Martin, Address at the Houston International Tax Forum: FIN 48: Transfer Pricing and Permanent Establishments, Houston, Texas (Feb. 2008).
- Speaker, Address to Atlas: International Tax and Transfer Pricing Issues (Nov. 2007).
- Co-Speaker with M. Martin, Address to the BNA Tax Management Advisory Board: FIN 48 and Transfer Pricing, New York, NY (Aug. 2007).
- Speaker, Address at Houston International Tax Roundtable’s Executive Institute: Foreign Tax Credit and Other Aspects of Cross-Border Acquisition, Divestitures and Restructurings on U.S. Multinationals (2005).
- Speaker, Address at Houston International Tax Roundtable’s Executive Institute: Tax Free Dispositions of Foreign Targets (2005).
- Speaker, Address at Dallas Tax Executive Institute: Transfers of Foreign Corporations (2005).
- Speaker, Address to the Halliburton Tax Training: Foreign Tax Issues, Houston, Texas (2005).
- Speaker, Address at Atlas Intermediate International Tax Conference: U.S. Tax on Disposition of Shares in a Foreign Corporation (2004).
Presentations
- Co-Presenter with Val J. Albright, Current Trends and Traps in Federal Tax Controversies, Briggs & Veselka Co. (Feb. 7, 2013).
- Co-Presenter with Val J. Albright and Brent C. Gardner, Jr., Lane Gorman Trubitt PLLC: Current Trends and Traps in Federal Tax Controversies (Aug. 28, 2012).
- Co-Presenter with Mark Edwards, Carrie Hoffman, and Robert Sarfatis, Address at Session Four of the Gardere M&A Toolbox: Deal Structure (Feb. 21, 2012).
- Co-Speaker with C. Lowell, Hot Issues in Corporate Tax, Tax Conference, Chicago, Ill. (Aug. 2008) (co-authored paper for conference proceedings).
- Co-Speaker with C. Lowell and M. Martin, International Corporate Transaction Planning and Section 482, Practicing Law Institute Seminar on Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings (2007) (co-authored paper for seminar proceedings).
- Co-Speaker with C. Lowell and M. Martin, Applications of FIN 48 to Transfer Pricing and Permanent Establishments Issues, Tax Executive Institute (Dec. 2007) (co-authored paper for proceedings).
- Co-Speaker with C. Lowell, FIN 48: Accounting for Uncertainty in Income Taxes: Corporate Counsel Perspective, Southern Methodist University Corporate Counsel Symposium (2007) (co-authored paper for symposium proceedings).
Professional Affiliations
- Member, State Bar of Texas
- Member, American Bar Association
- Taxation Section
- Member, Corporate Tax Committee
- Member, Dallas Bar Association
- Member, American Institute of Certified Public Accountants
Honors and Awards
- Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White, Inc.) (2010-2013)
- Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White, Inc.) (2012, 2013)
- Litigation & Controversy - Tax
- Recognized, Texas Super Lawyer, Law & Politics Media Inc. as published in Texas Monthly (2012)
- Recognized, AV® Preeminent™ 5.0 out of 5 Peer Review Rated, Martindale-Hubbell® PEER REVIEW RATINGS™
News
January 25, 2013
Gardere Represents Heelys in Deal with Sequential - More >
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Press Releases
September 10, 2012
Texas Super Lawyers Recognizes 49 Gardere Attorneys - More >
August 22, 2012
Best Lawyers 2013 Recognizes 52 Gardere Attorneys - More >
September 12, 2011
The Best Lawyers in America 2012 Recognizes 43 Gardere Attorneys - More >
May 24, 2011
Gardere Assists KSL Capital Partners with Purchase of Montelucia Resort & Spa - More >
August 09, 2010
'Best Lawyers in America' Honors 41 Gardere Attorneys - More >
August 04, 2009
'The Best Lawyers in America' Honors 40 Gardere Attorneys - More >
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January 11, 2013
American Taxpayer Relief Act of 2012 (HR 8) New Tax Provisions for 2013 - Gardere Tax Alert - More >
November 27, 2012
Tax Planning in 2012 for the 2013 Fiscal Cliff - Gardere Tax Alert - More >
May 07, 2012
Judge Reverses His Recent Texas District Court Ruling, Says Collecting Sales Tax on Oil and Gas Equipment Is Proper – Gardere Energy Alert - More >
April 20, 2012
Recent Texas District Court Ruling on Sales Tax on Oil and Gas Equipment Creates Opportunity, Risks for Industry – Gardere Energy Alert - More >
April 03, 2012
Texas Tax Amnesty Available for Businesses, June 12–Aug. 17, 2012 – Gardere Tax Alert - More >
February 23, 2010
IRS to Require Mandatory Disclosure of Uncertain Tax Positions - Tax Alert - More >
February 03, 2010
New Offshore Vessels Class Life for Tax Depreciation Purposes - Tax Alert - More >
December 19, 2008
Calling it a 'Royalty' Doesn't Mean You Have to Suffer Withholding Taxes in Cross-Border Transactions - Gardere Tax Alert - More >
May 26, 2006
New Texas Business Tax - Tax Alert - More >
August 28, 2012
Current Trends and Traps in Federal Tax Controversies - More >
February 21, 2012
Gardere M&A Toolbox - Session Four: Deal Structure - More >
February 25, 2010
Restraint No More: IRS Proposes New Schedule on Uncertain Tax Positions - More >
February 25, 2010
Restraint No More: IRS Proposes New Schedule for Uncertain Tax Positions - Webinar - More >
February 25, 2010
Restraint No More: Questions Posed to Gardere with Respect to Announcement 10-9 - More >
January 20, 2010
FIN 48: Seeking Safe Passage Through the Coming Storm - More >
January 20, 2010
Fin 48: Seeking Safe Passage in the Coming Storm - Webinar - More >
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