Paul A. Kasicky

For more than 24 years, Paul Kasicky has focused his practice primarily on ERISA and tax issues related to employee benefits and executive compensation. Before that he practiced in a broader area of federal income tax.

Paul’s experience includes qualified retirement plans (including ESOPs and multiemployer plans), equity incentive arrangements, VEBAs and 409A deferred compensation considerations.  Clients he has represented include those in the following businesses: primary steel production, forging, rail equipment manufacturing, pharmaceuticals manufacturing, real estate lending services, retail food stores, private post secondary school education and provision of health care.

Experience

Qualified Retirement Plans Implementation, Operation and Termination

  • Restructured defined benefit and defined contribution plans through redesign and plan mergers for public and private companies in the integrated steel, rail products and pharmaceutical industries.
  • Advised on structure and prepared documentation for complex ESOP arrangements including those that resulted in avoidance of most federal income taxes for an S Corporation that operates for-profit schools and another that extracts minerals
  • Prepared participant notices and communications
  • Analyzed ownership structures, including attribution provisions, of businesses to accurately identify related employers under common control group and affiliated service group rules

Qualified Retirement Plan Disputes and Corrections

  • Represented public corporation in the mining industry in IRS administrative correction program regarding numerous, longstanding operational and form deficiencies for defined benefit plans
  • Represented employers regarding withdrawal liability, including mass withdrawal reallocation liability, to multiemployer pension plans
  • Advised trustees of Taft-Hartley plan in correcting many years of erroneous contributions by owner employers to multiemployer plan and avoided litigation even though the contributions were originally induced by union business managers

Equity Compensation Arrangements

  • Designed and prepared phantom stock arrangement to maintain key executives following death of principal of family-owned engineering business
  • Advised on structure and prepared stock incentive plans and arrangements for public and private corporations and for limited liability companies
  • Advised employers and executives on 409A issues including correction alternatives for operational errors

Federal Tax

  • Restructured debt and equity for complex, interrelated group of entities owned by related entrepreneurial individuals to avoid millions of dollars in income tax on discharge of indebtedness 
  • Advised individuals on position and represented them in IRS audits regarding avoidance of income taxes on grantor trust income benefiting the individuals but erroneously reported by bank trust department as taxable to them

Corporate and Business

  • Successfully assisted a distressed credit union, then under governmental supervision, in return to sound financial health  
  • Advised corporation in successfully resolving difficult ownership issues and persistent operational disputes
  • Obtained a substantial reduction in claimed escheat liability arising from a corporation’s multiyear failures to file and pay as to its multistate operations
     

Prohibited Transactions and Plan Assets

  • Advised fiduciaries regarding prohibited transaction limitations in attempt of employer to make in-kind, employer securities contributions to VEBA trust
  • Advised individuals on complexities of real estate investments in IRA and qualified plan trusts

Health and Welfare Plans

  • Assisted in structuring and made governmental exempt organization filing for retiree medical benefit arrangement established through a VEBA trust
  • Assisted trial counsels for retiree plaintiff groups in successful claims and settlement structuring related to termination of retiree medical benefits
  • For a restaurant business that was pursuing an additional location, developed alternatives for avoiding large employer status due to common control group and affiliated service group rules applicable under ACA new health laws
  • Advised service providers regarding annual reporting requirements and filing exceptions

In addition to his state bar admission, Paul is admitted to practice before the U.S. Tax Court.

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