About The Firm
The Tufts Law Firm is focused on legal representation in the following primary practice areas: abusive tax shelters (detection and analysis), complex business disputes and litigation, tax litigation and representation, worker classification, estate disputes involving complex business structures, tax issues, IRS whistle blowing, and partners in peril (agreement assessment and review, plus partnership tax vehicle disputes), as well as serving as an Expert on tax and LLC, LLP and LLLP issues arising in litigation.
Scott Tufts’ first decade of large firm transactional practice
dealt with the areas of probate, tax, business entities and accounting. During this time, Scott often battled an
assembly line mentality that he felt was ill-suited for the complexities of the
products and transactions being structured.
With his background and awareness of the developments from Enron,
Worldcom, Adelphia and the KPMG disputes, together with his desire to address
these issues, Scott opened up the Tufts Law Firm in 2004.
Certain clients have legal needs that are not
simple. In the business and tax world, a
plethora of schemes, products, and plans have been used -- legal or illegal. Whether it is in probate, civil, bankruptcy
court or before the IRS, Scott has a special expertise and is regularly asked
to untangle complex situations and structures that involve a combined analysis
of fraud, tax, business entities, real estate, accounting and litigation issues
concerning multi-party litigation. As
such, Scott brings a unique perspective and talent to these multifaceted
disputes that typically cannot be addressed by one lawyer.
On a national level, Scott advises many practitioners
and individuals on the volatile nature of complex LLCs and partnership
structures that further involve interconnected K-1 activities. Scott also assists in the proper evaluation
of forms like IRS Form 8082, 8886, SS-8 and others that demand a comprehensive
analysis that very few practitioners are even aware of or able to provide legal
it is advising companies on how to maintain proper compliance with reporting on
IRS guidelines or representing victims of illegitimate or improper tax schemes,
or assisting whistleblowers in coming forward and doing the right thing with
regard to the same, Scott’s talents extend over a broad spectrum of legal needs.
MEMBERSHIPS AND ACTIVITIES
Scott served on the estate
planning subcommittee of the Florida Bar Tax Section's task force that proposed
the new Florida Revised Uniform Limited Partnership Act of 2005, and in
particular, the provisions that became at issue in the Florida Supreme Court’s
decision in Olmstead.
- American Bar Association
- Florida Bar Association
- Tax Section of Florida Bar
- North Carolina Bar Association
- United States Tax Court, 1991
- Internal Revenue Service, 1991
- United States Federal Claims Court, 2011
North Carolina State Courts
- United States District Court for the Western
District of North Carolina, 1993
- United States Court of Appeals for the Fourth
Florida State Courts
- Florida Supreme Court, 1999
- United States District Court for the Middle
District of Florida, 1999
PUBLICATIONS & PRESENTATIONS
- “AD Global and the
Statute of Limitations for TEFRA Partnerships:
Will the TMP Ever Have to Stop Looking in the Rear View Mirror for the
IRS” Tax Section Bulletin, Florida Bar,
Tax Section, Vol. XXIV, No.2, p.14, pp.25-29 (February 2006).
- “It Ain’t Over Til Its
Over: When Partnership Tax Vessels Make Ill-Advised Journeys and Wind-Up at
Harbor Cove Marina” Journal of Business
Entities (September/October 2004).
- “What IRS Form 8082 Can Do
For You (and to you!) and Your Closely-Held Partnership Now that the IRS’ K-1
Matching Program is Underway” BNA Tax
Management Real Estate, Vol. 19, No. 12 (December 3, 2003).
- “Are Single-Member LLCs a Ticking Time-Bomb for
Asset Protection?” (Are Single-Member LLCs of Any Utility for Asset Protection
after the Florida Supreme Court’s Decision in Olmstead?) (ABA Teleconference, August 24, 2010).
- “Recognizing the Blind
Spots in the World of Partnerships, LLPs, LLLPs and LLCs in Florida” (Orlando,
- “Advanced Partnerships,
LLCs, LLPs and LLLPs: Organization and Operation in Florida” (Orlando, Florida,
2003, 2005, 2006).
- “Partnerships, LLCs, LLPs
and LLLPs: Organization and Operation in Florida (Orlando, Florida, December
2003, 2004, 2005, 2006).
- “Representing Snitches and Informants: How the IRS’ New Whistleblower Law Impacts
Your Practice,” (Teleconference, July 31, 2007).
- “When Tax Shelter Work
Becomes Criminal: Who Would Have Thunk it? (Teleconference, September 14, 2005).
- “Practical Tips on How to Distinguish Between
Legitimate Tax Planning vs. Abusive Tax Shelters in Florida,” (Orlando,
Florida, December 15, 2004).
- “Problems and Pitfalls in
Electronic Discovery for Corporate Counsel” (Orlando, March 10, 2004).
- “Tax Provisions in
Partnership and LLC Agreements: Can’t Live With ‘Em; Can’t Live Without ‘Em
(But Don’t Get Killed By Them, Either!)”(Orlando, Florida, September 4, 2003)
- “Making the Right Choice of Entity Decision in
Florida (2000)”; Partnerships, LLPs, LLLPs, and LLCs; Organization and
Operation in Florida” (December, 2002).
- “Making Something (and Great Things!) Out of a
Tax Nothing – the One Member LLC in North Carolina” (October 1997).
- “Worker Classification: Administrative, Judicial and Legislative
Developments,” J. Nelson Young Seventeenth Annual Tax Institute, Chapel Hill,
North Carolina (March, 1998).
- “LLCs in North Carolina (NBI)(Featured
Speaker: 1994 – 1998).