About Mr. Tufts
Mr. Tufts 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 whistleblowing, 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.
Mr. Tufts' first decade of large firm transactional practice dealt with the areas of probate, tax, business entities and accounting. During this time, Mr. Tufts 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, Mr. Tufts started the Tufts Law Firm in 2004. Mr. Tufts joined CPLS, P.A. in January, 2019.
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, or other courts or before the IRS, Mr. Tufts 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, Mr. Tufts advises many practitioners and individuals on the volatile nature of complex LLCs and partnership structures that further involve interconnected K-1 activities. Mr. Tufts 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 advice on.
Whether 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, Mr. Tufts' talents extend over a broad spectrum of legal needs.
PROFESSIONAL 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, 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 Circuit, 1998
- Florida State Courts
- United States District Court for the Middle District of Florida, 1999
PUBLICATIONS & PRESENTATIONS
- "Evaluating LLC Operating Agreements Containing "Carte Blanche" Authority and Right to Rely Provisions Purporting to Release Third Parties From Any Duty to Inquire," Tax Section Bulletin, Florida Bar, Tax Section, Vol. XXIX, No. 2, pp. 7-26 (Fall, 2013)
- "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, 2004, 2009).
- "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).