David A. Fruchtman

• Professional Bio
• Practice Areas
• Industries Served
• News & Events
• Publications

Professional Bio

David A. Fruchtman is Of Counsel, concentrating on state and local taxation.

David's clients include market-leading heavy equipment manufacturers, marketing companies, travel lodging providers and vehicle rental companies, as well as mid-sized retailers and financial services companies.  His clients are listed on the NYSE, on NASDAQ and are privately held.

David has assisted clients on issues in all 50 states, on matters involving income taxes, franchise taxes, sales and use taxes, real property transfer taxes and a variety of other state and local taxes.  His practice is equally divided between tax planning and tax controversy work.

His planning work includes tax efficient structuring of businesses and transactions, and frequently requires working with tax authorities to obtain favorable letter rulings.   He enjoys advising foreign companies that are expanding into the United States, and in 2010 assisted an Israeli company in one of Wall Street's most successful IPOs of the year.

In contested matters, David's clients share his philosophy of working cooperatively with state revenue departments.  They recognize that saving a few dollars today in exchange for a damaged relationship is not a sound approach.  David therefore looks to obtain excellent results while negotiating intelligently with taxing authorities.  He prefers to become involved in tax disputes in the late stages of an audit rather than after an assessment has been issued.  And, because negotiated resolutions are not always possible, he has successfully represented clients before courts and administrative tribunals across the country.  In 2003, he was a Special Deputy Attorney General to the state of Hawaii.

David is the author of "Nonlitigated Resolutions of Multistate Tax Disputes: Three Case Studies Show How Taxpayers, States Can Find Common Ground" (published in BNA Daily Tax Reports (March 3, 2011) and in two other tax publications), of the Hebrew language booklet "American State and Local Taxes: Risks and Opportunities -- What Israeli Businesses Must Know", and of many other tax articles and updates.  He lectured at NYU's Summer State and Local Tax Institute for 13 years (on Constitutional issues, LLC and partnership taxation, and escheat of abandoned property issues), was the chairman of the Income and Franchise Taxes Subcommittee of the American Bar Association's state tax committee, and has been co-author of the Illinois chapter of the ABA's Sales and Use Tax Deskbook for 20 years.  He has lectured on state tax issues at Tax Executives Institutes, American Bar Association meetings, Chicago Tax Club, the Israel Export Institute, the Israel-America Chamber of Commerce, ITT Chicago Kent Law School, the University of Wisconsin School of Business, and many seminars in the United States and Israel.     

When not working, David enjoys family time, running and being the pitcher/commissioner/umpire/popcorn maker of the sandlot baseball league he formed with his daughters.

David is a graduate of Harvard Law School and the University of Wisconsin.

Practice Areas

• State and Local Tax

Industries Served

• Banking
• Financial Services
• Food/Beverage Services & Hospitality
• Leasing Companies
• Manufacturing & Distribution
• Retail
• Service Companies
• Specialty Finance

Publications

• Nonlitigated Resolutions of Multistate Tax Disputes: Three Case Studies Show How Taxpayers, States Can Find Common Ground
• Constitutional and Other Jurisdictional Constraints on State and Local Taxation
• Doing Business in the U.S.: American State and Local Taxes
• American State and Local Taxes Demand Attention [עברית]
• Your Tax in 2006: Planning for America's "Hidden" Taxes [עברית]
• Operation as a Partnership or Limited Liability Company: State Income Tax Consequences to the Entity, Its Partners and Its Members
• Fundamentals of the Escheat of Abandoned Property
• Aircraft Acquisitions, Exchanges, Leases and Refinancings: Multistate Sales and Use Tax Considerations
• State Income Taxation of Israeli Citizens
• Doing Business in the United States (Part I) [עברית]
• Doing Business in the United States (Part II) [עברית]
• Purchases and Sales of United States Businesses (Part I) [עברית]
• Purchases and Sales of United States Businesses (Part II) [עברית]
• Unclaimed Property Liabilities [עברית]
• State and Local Real Property Transfer Taxes [עברית]
• Income Taxation by American States and Cities [עברית]
• Personal Liability of ‘Responsible Persons’ for Their Business’s Unpaid Taxes [עברית]
• American Sales and Use Taxes [עברית]
• Introduction to American State and Local Taxes [עברית]
• American State and Local Taxes: Trends and Developments, March 2012

Presentations

News & Events

• Four HMB SALT Attorneys Named as 2012 Super Lawyers, January 2012

Cases