Richard J. Hindlian

phone: 617-589-3879 / fax: 617-275-7613
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PRACTICE & FOCUS AREA
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Richard is a tax and business lawyer, focusing primarily on tax controversies, international and domestic tax planning, and employee benefit plans. Prior to his legal career, Richard crunched numbers as a tax accountant with Ernst & Young. It’s only natural that he decided to focus his practice on tax law. He represents public and private corporations, individuals, nonprofits and other entities in matters involving business and financial transactions, ESOPs and other qualified plans, tax litigation, tax planning, and foreign investments made in the U.S. and overseas.

Richard has extensive experience in the design, qualification and implementation of all aspects of corporate partnership and subchapter S corporation plan sponsor employee benefit plans, from 401(k) plans to stock options to pension plans. He also advises on plan transfers, mergers and terminations resulting from mergers and acquisitions, executive compensation, nonqualified deferred compensation arrangements, and ERISA-related matters. Richard has represented state government and church sponsored plans that are exempt from ERISA. He represents clients in audits, investigations and court cases with the Internal Revenue Service and US Department of Labor.

RESULTS
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  • Resolved complex split interest partial grantor Trust and partial non-grantor U.S. Trust income tax controversy with IRS District Counsel in the U.S. Tax Court and a second related case in the Appeals Office
  • Recently filed EPCRS relief for non-existent § 403(b) qualified plan document to permit employer’s retroactive adoption of plan in 2009, with IRS voluntary disclosure filing
  • Resolved IRS tax penalty case for 8,000 late filed 1099 forms that were issued beyond filing deadlines to medical services providers by tax-exempt health plan insurer based on reasonable cause for late filing related to Affordable Care Act law changes with delayed effective dates
  • Engaged in tax planning for multiple complex corporate stock or asset dispositions or reorganizations, including tax-free exchanges
  • Closed complex multi-party §1031 real estate exchanges
  • Issued federal tax opinions on a wide variety of matters
  • Has engaged in voluntary disclosures for taxpayer clients with the Massachusetts Department of Revenue pursuant to TIR 2011-1
  • Has addressed partnership and partner carried profits interest taxation under Code §1061, as enacted effective on January 1, 2018
  • Represented taxpayer in IRS Appeals Office settlement of post chapter 11 business reorganization related federal income tax case
  • Advised as to resolution of Code § 409A violations that were discovered with an employee stock option plan as part of an acquisition
CREDENTIALS
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Distinctions:

  • Best Tax Lawyer, Boston Magazine
  • Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating
  • Massachusetts Super Lawyers, 2004-2005
  • Award for highest single score on the Massachusetts Bar Examination

Admitted:

  • S. Tax Court
  • All Federal and State Courts in Massachusetts

Member:

  • Boston Bar Association
MORE THAN A LAWYER
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Outside Davis Malm, Richard serves as a pro bono legal advisor for the Association of Insurance Compliance Professionals and as a member of the Council of Armenian Executives. He is a past member of the Massachusetts High Technology Counsel and of the Wellesley College Parents Council, as well as a Weston Public High School class parent with his wife, Nancy. Richard also served in the US Army (JAG) Reserves from 1968-1974. In his spare time, he enjoys golfing, reading and comedy.

LANGUAGES
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  • Limited French
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