John W. Porter

Partner

John Porter Photo

Houston

P: +1.713.229.1597 F: +1.713.229.2797

Representative Tax Litigation Engagements

  • Estate of Anne Y. Petter – successful defense of taxpayer in case of first impression involving gift/sale of LLC units to family and charity using a dollar value formula based on values as “finally determined for federal gift tax purposes.” (Estate of Petter v. Comm’r, 98 T.C.M. (CCH) 534 (2009), aff’d, 653 F.3d 1012 (9th Cir. Aug. 4, 2011))
  • Hendrix – successful defense of taxpayer in case regarding the tax effect of a gift of corporate stock made by way of a dollar-based defined value formula (Hendrix v. Comm’r, T.C. Memo 2011-133 (June 15, 2011))
  • Estate of Charles H. Murphy, Jr. – successful $42 million estate tax refund suit involving numerous valuation issues and IRS attempt to ignore limited partnership under I.R.C. § 2036 (Estate of Murphy v. United States, No. 07-CV-1013, 2009 WL 3366099 (W.D. Ark. Oct. 2, 2009))
  • Estate of Black – successful defense of estate against IRS attempt to apply § 2036 to ignore family limited partnership for estate tax purposes. (Estate of Samuel P. Black Jr., et al. v. Comm’r, 133 T.C. No. 15 (Dec. 14, 2009))
  • Estate of Helen Christiansen – successful defense of estate in case of first impression regarding tax effect of partial disclaimer of limited partnership interest to charity made by way of a dollar value formula based on values “as finally determined for estate tax purposes.” (Estate of Christiansen v. Comm’r, 130 T.C. No. 1 (2008), aff’d, 586 F.3d 1061 (8th Cir. 2009))
  • Estate of Frazier Jelke, III – successful Eleventh Circuit appeal and reversal of a Tax Court decision regarding the application of a dollar-for-dollar unrealized capital gains tax when determining the value of stock in a C corporation (Estate of Jelke III v. Comm’r, 507 F.3d 1317 (11th Cir. 2007))
  • Litman/Diener – successful representation of clients in a case involving lack of marketability discount to be applied in valuing restricted stock (Litman, et al. v. United States, 78 Fed. Cl. 90 (2007))
  • Succession of Charles T. McCord, Jr. – successful defense of the taxpayer in a case of first impression regarding the tax effect of a gift of limited partnership interests made by way of a dollar-based defined value formula (Succession of McCord v. Comm’r, 461 F.3d 614 (5th Cir. 2006))
  • Estate of Charles Porter Schutt – successful defense of the estate against IRS attempt to apply I.R.C. §§ 2036 and 2038 and ignore the existence of two Delaware Business Trusts for estate tax purposes (Estate of Schutt v. Comm’r, 89 T.C.M. (CCH) 1353 (2005))
  • Estate of Wayne C. Bongard – successful defense of the estate against IRS attempt to apply I.R.C. § 2036 to ignore the existence of a limited liability company for estate tax purposes (Estate of Bongard v. Comm’r, 124 T.C. 95 (2005))
  • Estates of Eugene and Allene R. Stone – successful defense of the estate against IRS attempt to apply I.R.C. § 2036 to ignore the existence of five family limited partnerships (Stone v. Comm’r, 86 T.C.M (CCH) 551 (2003))
  • Estate of Joseph R. Coulter – successful defense of the estate against an IRS assertion of a $113 million estate tax deficiency in a Tax Court case involving the first-time application of I.R.C. § 2036(b) (T.C. Docket No. 17458-99)
  • Estate of Nellie Segerstrom – successful representation of the estate in federal district court in response to an IRS summons of attorney-client privileged documents, and defense of the estate in Tax Court in an $18 million dispute with the IRS regarding the estate tax value of real estate partnerships (Segerstrom v. United States, 87 A.F.T.R.2d 2001-1153 (N.D. Cal. 2001))
  • Roy Rogers and Dale Evans Rogers – successful defense of taxpayers in a Tax Court case involving an IRS challenge to the gift tax value of family limited partnership interests (T.C. Docket No. 011557-98)
  • Estate of A.D. Davis – successful defense of the estate against the IRS in a case where the Tax Court first recognized the “unrealized capital gains discount” when valuing stock in a C-corporation (Davis v. Comm’r, 110 T.C. 530 (1998))
  • Estate of Beatrice Dunn – successful Fifth Circuit appeal and reversal of a Tax Court decision regarding the valuation of a closely held corporation (Dunn v. Comm’r, 301 F.3d 339 (5th Cir. 2002))
  • Estate of Jimmie T. Drewry – successful representation against an IRS assertion of a $30 million estate tax deficiency in a Tax Court case involving recognition of private annuities and value of interests in a family limited partnership owning broadcast properties (T.C. Docket No. 10328-00)
  • Baine P. and Mildred Kerr – successful defense of taxpayers in a Tax Court and Fifth Circuit appeal of a case of first impression where the IRS attempted to apply I.R.C. § 2704(b) in valuing an interest in a family limited partnership for gift tax purposes (Kerr v. Comm’r, 292 F.3d 490 (5th Cir. 2002))
  • Estate of Jameson – successful representation in a Tax Court trial and Fifth Circuit appeal of a case involving an unrealized capital gains discount when valuing stock in a closely held C-corporation (Jameson v. Comm’r, 267 F.3d 366 (5th Cir. 2001)) 

Representative Fiduciary Litigation Engagements

  • Estate of Jake Kamin – summary judgment obtained on behalf of The Jake and Nina Kamin Foundation regarding construction of the provisions of Mr. Kamin’s will (In the Estate of Jake Kamin, Deceased, Probate Court No. 2 of Harris County Texas, Cause No. 399,104-401)
  • Loya v. Loya, et al. – successful representation of trustee in defense of breach of fiduciary duty claims regarding creation of trust and management of assets (In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya, et al., Cause No. 2008-24514, Harris County, Texas, 257th Judicial District)
  • Estate of Theodore Bauer – successful defense of executor regarding claims that decedent made improper gifts of community property funds and breached fiduciary duties in managing community estate (Ruth Brouse Bauer, et al. vs. JPMorgan Chase Bank, N.A., Independent Executor, et al, Cause No. 348,876-401; in Probate Court No. 4 of Harris County, Texas)
  • Kenedy Memorial Foundation v. Fernandez – successful representation of Foundation regarding claim of purported heir to set aside probate of decedent’s will and division of estate property (John G. and Marie Stella Kenedy Memorial Foundation v. Fernandez, 315 S.W.3d 515 (Tex. 2010))
  • Wood v. Victoria Bank & Trust – successful defense of fiduciary regarding attempts by trust beneficiaries to pursue class action breach of fiduciary duty claims related to trustee’s acquisition by merger of fiduciary accounts from Ameritrust, N.A. (Wood v. Victoria Bank & Trust Co., et al., 69 S.W.3d 235 (Tex. App. -- Corpus Christi 2001))
  • Farias v. Laredo National Bank – successful defense of trustee regarding breach of fiduciary duty claims asserted by remainder beneficiaries of trust (Farias v. Laredo National Bank, 985 S.W. 2nd 796 (Tex. App. -- San Antonio 1997))
  • Finley v. Laredo National Bank – successful representation of trustee regarding claims of five beneficiaries concerning the management of trusts and a partnership that owned an 85,000 acre ranch and mineral interests (Finley, et al. v. The Laredo National Bank, District Court, Webb County, Texas)