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James T. Montgomery, Jr.
Partner
Washington, D.C.
James Montgomery's diverse practice encompasses the tax aspects of business transactions, compensation, estate planning and exempt organization operations.
In transactional matters, James concentrates on tax and tax-related aspects of commercial transactions, including venture capital, public project finance, corporate mergers and acquisitions, partnerships and joint ventures. He also advises corporate clients on taxation issues involving health care, patent, trademark and intellectual property, international, insurance, bankruptcy, real estate and general business matters.
James counsels clients on tax considerations in employee benefits, executive compensation and ERISA. He has extensive experience with tax-qualified and nonqualified retirement (pension, profit-sharing, 401(k), money purchase, IRA and 403(b) tax-sheltered annuity) plans, as well as stock bonus, stock option and other incentive compensation arrangements, and makes sure they comply with all IRS and DOL requirements.
Individuals and families turn to James for advice on estate planning and trust administration, taking advantage of his years of experience with complex and rapidly changing federal, state and local estate and death tax implications. He designs and structures intra-family transfers of business and other closely-held assets through family partnerships and other vehicles, and sets up revocable and irrevocable trust arrangements for the transfer of business, real estate, insurance, personal residences and other assets. In addition, James handles probate of decedents' estates, guardianship arrangements for minors and disabled persons, and protection of assets against the claims of creditors.
James advises nonprofit and tax-exempt organizations, including the design and structure of charitable, educational, scientific, literary, social welfare, trade associations, and similar entities. He helps these and other clients obtain the necessary advance and follow-up approvals and rulings from the IRS to secure and maintain their valuable exemption from federal and local taxation. He also helps nonprofits plan for the availability of tax-deductible contributions and tax compliant fundraising activities. James advises governing boards of trustees and other directors concerning applicable regulatory, asset management, operational, fundraising and compliance standards for their organizations, and also helps design and structure the special executive and incentive compensation and retirement arrangements available to nonprofit organizations.
Before joining Foley Hoag James was associated with another major firm. Following law school graduation he served as Judicial Law Clerk to the Honorable U.W. Clemon, United States District Court for the Northern District of Alabama. Before entering law school James served as an intern in the Office of the Mayor for the City of Atlanta, Honorable Maynard Jackson.
Bars and Court Admissions
District of Columbia
Alabama
Georgia
U.S. Tax Court
professional / civic involvement
ABA American Law Institute, Lecturer, 1995
National Bar Association, Tax Section Secretary and Lecturer
Advisory Group to the Commissioner of the Internal Revenue Service, 1994-1996
White House Conference on Small Business, Minority Delegation Expert on Taxation, 1995
Mayor's Select Task Force on Business and Corporate Taxation in the District of Columbia, 1993-1994
Conference on Minority Partners in Majority Corporate Law Firms
President's Advisory Commission on Policy Affecting Poor and Disadvantaged Youth, 1978-1979
publications
EMPOWERMENT ZONE WAGE TAX CREDIT: A HANDBOOK (1996)
- Published by the National Congress for Community Economic Development; funded by The Annie E. Casey Foundation.
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