Mitchell Gaswirth > Proskauer Rose LLP > Los Angeles, United States > Lawyer Profile
Proskauer Rose LLP Offices

2049 CENTURY PARK EAST
32ND FLOOR
LOS ANGELES, CA 90067-3206
CALIFORNIA
United States
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Mitchell Gaswirth

Work Department
Tax
Position
Mitchell M. Gaswirth is a partner in Proskauer’s Tax Department. His practice focuses primarily on income, gift and estate tax and related business planning. Mitchell counsels individuals, entrepreneurs and business entities in connection with the myriad income and other tax issues arising in sophisticated business transactions.
Mitchell’s practice also encompasses a wide array of merger and acquisition, business formation and financing, debt restructuring, and real property acquisition, disposition and exchange transactions. His knowledge encompasses the complex and often arcane application of California’s property tax regime (“Proposition 13”) in a variety of business transactions directly or indirectly involving California real property.
In addition, he provides income, gift and estate tax and related business planning advice to individuals, families, and their business enterprises to help them achieve wealth preservation and tax minimization objectives. This planning includes tax minimization strategies involving grantor trusts, family limited partnerships, charitable and family “split interest” and other irrevocable trusts, and other sophisticated wealth transfer and business succession vehicles. Mitchell’s wealth transfer tax planning practice focuses particularly on counseling executives, professionals, investors, and others concerning the preservation, administration and disposition of their capital. He also counsels individuals and businesses in connection with planning to minimize California income tax burdens.
Mitchell also represents corporate and individual fiduciaries, and estate and trust beneficiaries, in a wide array of sophisticated personal planning and fiduciary administration matters, including representing U.S. Trust, JPMorgan Chase Bank and Wells Fargo Bank, in their administrations of complex trust arrangements for high net worth families. His fiduciary practice also encompasses substantial “Family Office” representation for multi-member families seeking to achieve complex and sophisticated income and wealth transfer tax objectives.
Mitchell’s tax practice also involves the administrative and judicial resolution of tax disputes with federal and state tax authorities. He represents taxpayers in income, estate and gift, sales and use, property, and employment tax disputes with the Internal Revenue Service, California Franchise Tax Board, and other tax authorities. Notably, Mitchell served as Lead Tax Counsel to the late Paul Newman, both at trial and in the California Court of Appeals, in the actor’s successful refund suit against the California Franchise Tax Board. The Newman case established the impropriety of the Franchise Tax Board’s formula for apportioning to California a non-resident entertainer’s income derived from both California and non-California sources.
Prior to joining Proskauer, Mitchell was a partner of the Los Angeles law firm Mitchell, Silberberg & Knupp.
Top Tier Firm Rankings
- Labor and employment > Employee benefits, executive compensation and retirement plans: design
- Labor and employment > Labor and employment disputes (including collective actions)
- Labor and employment > Labor-management relations
- Industry focus > Sport
- Labor and employment > Workplace and employment counseling
Firm Rankings
- Media, technology and telecoms > Advertising and marketing: litigation
- Insurance > Advice to policyholders
- Investment fund formation and management > Alternative/hedge funds
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Labor and employment > ERISA litigation
- Dispute resolution > General commercial disputes
- Tax > International tax
- Tax > Not-for-profit (Fortune 1000 private foundations, national trade associations, and charities)
- M&A/corporate and commercial > Private equity buyouts: middle-market (Up to $500m)
- Investment fund formation and management > Private equity funds (including venture capital)
- Real estate > Real estate
- Real estate > Real estate investment trusts (REITs)
- Tax > US taxes: non-contentious
- Intellectual property > Copyright
- Media, technology and telecoms > Cyber law (including data privacy and data protection)
- Labor and employment > Immigration
- Media, technology and telecoms > Media and entertainment: litigation
- Finance > Restructuring (including bankruptcy): corporate
- Antitrust > Civil litigation/class actions: defense
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Environment > Environment: transactional
- Dispute resolution > Leading trial lawyers
- Healthcare > Life sciences
- Media, technology and telecoms > Media and entertainment: transactional
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- Dispute resolution > Securities litigation: defense
- Healthcare > Service providers
- Media, technology and telecoms > Technology transactions
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Intellectual property > Trademarks: litigation
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Real estate > Real estate finance
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Finance > Commercial lending