Joseph K. Fletcher, III
Joseph K. Fletcher, III, international tax attorney and a Partner at Glaser Weil, has more than 25 years of tax law experience. He has achieved the highest rating of “AV-Preeminent” awarded by Martindale-Hubbell Law Directory for both tax law and corporate law, has been named to the Best Lawyers in America list and has been included in The Legal 500. He is a member of the California, New York, District of Columbia and United States Tax Court Bars, as well as the Beverly Hills Bar Association. Mr. Fletcher has a Master of Laws in Taxation from Georgetown University, a Juris Doctor from the University of San Diego School of Law (where he served as Senior Editor of the Journal of Contemporary Legal Issues), and his bachelor’s degree from the University of Pennsylvania.
Mr. Fletcher's practice is broad, with his particular expertise ranging from the taxation of mergers and acquisitions to international taxation to the resolution of tax controversies.
Recent representations include:
- Advised numerous U.S. and foreign clients on tax structures related to licensing of intellectual property (“IP”) including creating structures for cross-border licensing and advising on withholding taxes.
- Advised numerous partnerships and LLCs on tax issues related to allocations and distributions, including use of targeted capital accounts.
- Obtained a “No Change Letter” (complete concession by the U.S. Internal Revenue Service) on the audit of the U.S. subsidiary of a Japanese company.
- Obtained a “No Change Letter” (complete concession by the U.S. Internal Revenue Service) on the audit of a billionaire focusing on business use of a private jet and real estate activities.
- Served as Special Tax Counsel to bankruptcy estate involving interests in approximately 100 entities, many of which with negative capital accounts.
- Advised on sale of building products company for approximately $90 million.
- Advised on formation of real estate investment funds.
- Advised on tax-efficient structures for holding U.S. real estate.
- Advised on resolution of “S” corporation which inadvertently lost “S” status, resulting in a favorable private letter ruling.
- Took numerous taxpayers through IRS Offshore Voluntary Disclosure Program.
- Obtained 501(c)(3) status for organization providing education to victims of human trafficking.
Mr. Fletcher has taught classes on “Taxation of Intellectual Property” and “Mergers and Acquisitions” as an Adjunct Professor. He is a frequent panelist on CLEs addressing issues ranging from partnership taxation to cancellation of indebtedness income. Prior to entering private practice, Mr. Fletcher was a Trial Attorney for the Internal Revenue Service, based in Los Angeles. Mr. Fletcher is also an educator and frequent speaker on business tax issues.
Honors & Awards
Best Lawyers in America, 2019
AV Preeminent Peer Review Rating from Martindale-Hubbell Law Directory
Included in The Legal 500, 2011
“New IRS Partnership Audit Rules Coming Into Effect,” November 28, 2017
"Partnership Mergers and Conversions: Deemed Steps Under State Merger and Conversion Statutes and Traps for the Unwary," Bloomberg BNA Tax Management Real Estate Journal, Vol. 35, 2, February 1, 2017
"New IRS Final Regulations Define "Real Property" For REIT Purposes," October 25, 2016
"The Benefits of California Benefit Corporations," October 25, 2013
Recent Speaking Engagements
"Structuring Section 708 Partnership Mergers Absent IRS Guidance: Avoiding Termination in Collapsing Transactions," Strafford, September 28, 2016
"Pass-Through Entities and COD Income: Sheltering Solvent Entity Owners from Insolvent Entity Taxable COD Income," Strafford, January 28, 2015
"Capital Account Challenges for Partnerships and LLCs: Tackling Calculations and Complex Operating Agreements," Strafford, July 23, 2014
"Form 1065 Reporting and Calculations for Partnership Terminations and Transfers of Interest," Strafford, February 20, 2014
"Business Entity Conversions: Income Tax Consequences You May Not Anticipate," Strafford, July 18, 2013
Notable Past Speaking Engagements
Panelist, "What Happens When They Change the Rules on Us? Middle Market M & A in a Changing Rate Environment," State Bar of California Annual Income Tax Seminar, 2009
Panelist and Co-Author, "By the Numbers--Coping with International Tax Reporting for International Matters," New York University 67th Institute on Federal Taxation, 2008