Gary Zwick

Gary A. Zwick

Partner

Direct:  216.928.2902
Fax:  216.916.2340

gzwick@walterhav.com

Focus Areas

Education

  • Georgetown University Law Center, LL.M.
  • Cleveland State University, J.D.
  • Kent State University, B.B.A.

Licensed to Practice

  • Ohio
  • U.S. Tax Court
  • U.S. District Court, Northern District of Ohio
  • Certified Public Accountant

Overview

Gary is a partner who has a general tax practice, with emphasis on tax planning for closely held and family businesses and their owners, and high-net-worth individuals. His focus encompasses not only income tax planning, but also estate planning, retirement plans and planning, business and individual taxation, Subchapters C & S, mergers and acquisitions, employee benefits and Internal Revenue Service (IRS), and tax court practice and controversy work. Gary also handles criminal tax matters working in conjunction with Ralph Cascarilla,  Managing Partner of Walter | Haverfield and former Assistant U.S. Attorney. Before joining the firm in 1997, Gary, who is also a Certified Public Accountant (CPA), spent 21 years in public accounting, including serving for many years as Director of Tax Operations and Head of the Cleveland Office Tax Department for a large regional Bowman 100 CPA firm.

Gary is the principal author of the book, “Tax & Financial Planning for the Closely Held Family Business,” and a co-author of the book “Transferring Interests in the Closely Held Family Business,” both published by the American Law Institute and the American Bar Association (ALI-ABA). Both books were published by Edward Elgar Publishing beginning in 2019. He has also authored or co-authored over a dozen feature articles for major tax publications including a chapter entitled, “Transfers of Property in Exchange for Services – Section 83,” for the LexisNexis Online Tax Encyclopedia, published in January 2007. For many years, Gary was the Tax Clinic editor of the August rotation of the Tax Adviser, the American Institute of Certified Public Accountants’ (AICPA) national tax publication. He is also a contributor to the ALI-ABA Practice Checklist Manual on Advising Business Clients II and the book, “Golden Opportunities,” by Amy and Armond Budish.

Gary is a frequent speaker, both locally and nationally, on tax subjects, with hundreds of speaking engagements addressing tax professionals. He is board certified in federal tax by the Ohio State Bar Association (OSBA) and former Chair of the Federal Tax Specialty Board of the OSBA. He continues to serve on the Federal Tax Specialty Board of the OSBA. He was both an adjunct professor of Wealth Transfer Tax and Estate Planning at Case Western Reserve University School of Law and an adjunct professor of Tax Law and Wealth Transfer Tax at Cleveland State University Cleveland-Marshall College of Law.

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Experience

EMPLOYEE BENEFITS & ERISA
  • Consults on qualified plan design, including defined benefit/defined contribution combinations
  • Drafts and implements individually designed qualified plans
  • Handles qualified plan audits and interface with the IRS to obtain qualification letters for the plans
  • Designs and implements Voluntary Employees’ Beneficiary Association (VEBA) plans for larger employers and assists small employers with their employee benefit plans
  • Designs, drafts, and implements non-qualified deferred compensation, stock options, restricted stock plans
  • Implements Individual Retirement Arrangements (IRA) and other retirement strategies
ESTATE PLANNING
  • Consults and handles matters in estate and wealth planning for owners and operators of closely held and family businesses
  • Works closely with high-net-worth individuals and their families
  • Solves liquidity problems in estates that are largely illiquid
  • Works with multiple generations to assure that plans implemented are carried out
FEDERAL, STATE, & LOCAL TAX
  • Creatively structures and negotiates purchases and sales of businesses to reduce or eliminate taxes
  • Designs compensation, benefits and qualified plan systems for closely held and family businesses to maximize benefits and minimize costs
  • Structures optimal entity selection, accounting periods, and methods and situs of closely held entities to reduce tax exposure for entrepreneurial businesses
  • Processes hundreds of audits, appeals, and court cases on the federal, state, and local level; Regularly obtains private letter rulings and interface with all levels of administrative entities
  • Manages family business and other shareholder disputes
  • Works closely with individuals and their families to design and implement multi-generational estate and wealth-planning strategies
  • Facilitates estate and trust administration

Recognition

  • Recognized by Best Lawyers®, 2009-22
  • Selected for inclusion to the Ohio Super Lawyers list, 2004-21
  • Recognized as an Accredited Estate Planner® (AEP®) by the National Association of Estate Planners & Councils, 2016
  • Awarded one of three Kenneth Black, Jr. Journal Author Awards for best article of the year, 2014

super lawyer
certified specialist
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Articles

Authorships

Presentations

  • Boy Scouts of America Webinar – “Evaluating Living Trusts Drafted by Others and Building the Perfect Document” Cleveland, Ohio, 2021
  • OSBA – “Tax and Financial Planning for the Closely Held Family Business”, 2021
  • AICPA Engagement Conference – “Real World Estate Planning for Owners of Closely-Held Businesses” Las Vegas, NV, 2021
  • National Association of Insurance & Financial Advisors of Cleveland – “What are Wealthy Clients Doing in the Current Environment?”, 2021
  • Boy Scouts of America / Annual Estate Planning Seminar – “Problems and Solutions for Closely Held Business Interests Gifted or Bequeathed to Private Foundations”, 2020
  • Ohio State Bar Association – “Tax and Financial Planning for Closely Held Family Businesses”, 2020
  • Akron Tax & Estate Planning Council – “Estate Planning Opportunities in Light of the Current Low Interest Rates” Akron, Ohio, 2020
  • Ohio State Bar Association – “Selected Advanced Planning Issues for Closely Held Businesses (NOT including Section 199A QBID)” Webcast/osba.com, 2019
  • Ohio Society of CPA’s – Northeast Ohio Fall CPE Day – “Mastering Estate and Gift Tax Planning” Independence, Ohio, 2019
  • NBI – Buying and Selling a Business: Start to Finish – “Tax Saving Strategies: Structuring Asset and Stock Purchases Advantageously” Akron, Ohio, 2019
  • Ohio Society of CPAs – Akron Fall CPE Conference – “Mastering Estate and Gift Tax Planning” Cuyahoga Falls, Ohio, 2019
  • NBI Business Law: Start to Finish – “Handling Common Business Tax Issues,” Cleveland, Ohio, 2019
  • AICPA Engage Conference – “Business Succession Planning” with Dave Johnson, Las Vegas, NV, 2019
  • AICPA Engage Conference – “EST Basic Workshop” presented with Missia Vaselaney and Paige Goepfert, Las Vegas, NV, 2019
  • United Cerebral Palsy of Greater Cleveland – “Charitable Giving to Solve Client Income Tax Problems,” Cleveland, Ohio, 2019
  • CPA Academy Online Webinar – “Buying and Selling a Business: Tax Strategies for Closely-Held Corporations” with Alexis J. Kim, 2019
  • National Association of Insurance and Financial Advisors (NAIFA) – “Best Life Insurance Ideas” with Cullen Fischel, Independence, Ohio, 2019
  • Ohio Society of CPA’s Mega Tax Conference – “Effect of Tax Reform on S Corporations,” Columbus, Ohio, 2018
  • United Cerebral Palsy of Greater Cleveland – “Charitable Giving to Solve Client Income Tax Problems,” Cleveland, Ohio, 2018
  • West Virginia Tax Institute – “Federal Tax Updates,”, 2018
  • 13th Annual Boy Scouts Estate Planning Seminar – “Tax Considerations in Buying and Selling a Business After the 2017 Tax Act,” Cleveland, Ohio, 2018
  • Walter | Haverfield LLP & Skoda Minotti Presentation – “Tax Saving Strategies: Structuring Asset and Stock Purchases Advantageously,” Cleveland, Ohio, 2018
  • NBI, with Alexis J. Kim – “NBI: Buying and Selling a Business: Start to Finish,” Cleveland, Ohio, 2018
  • AICPA Engage Conference, with Jordon Rosen, Susan Tillery, Jeremiah Doyle and John Prokey – “Professional Collaboration – Team Approach to Estate Planning,” Las Vegas, NV, 2018
  • AICPA Engage Conference – “Special Tax Considerations Dissolving the Family Partnership,” Las Vegas, NV, 2018
  • AICPA Engage Conference, with Missia Vaselaney – “EST Basic Workshop,” Las Vegas, NV, 2018
  • Estate Planning Council – “Choice of Entity – It’s a whole new ballgame after TCJA 2017,” Cleveland, Ohio, 2018
  • The Group Annual Meeting – “The Term Insurance Rollover,” San Diego, CA, 2018
  • NAIFA (National Assoc. of Insurance and Financial Advisors) – “Selected Creative Insurance and Tax Planning Ideas for Middle Market and Entrepreneurial Clients with High Income and Net Worth,” Akron, Ohio, 2018
  • Ohio Society of CPAs Mega Tax Conference – “Selected Planning Topics for S Corporations,” Columbus, Ohio, 2017
  • American Tax Planning Institute (APTI) Summit – “Selected Creative Insurance and Tax Planning Ideas for Middle Market and Entrepreneurial Clients with High Income and Net Worth,” presented with Cullen Fischel, New York, New York, 2017
  • Society of Financial Service Professionals – “High Net Worth Planning,” Independence, Ohio, 2017
  • Canton Estate Planning Forum – “A Potpourri of Creative and Possibly Aggressive Estate Planning Ideas,” Walsh University, 2017
  • West Virginia Tax Institute – “Federal Tax Updates,” Charleston, West Virginia, 2017
  • Cleveland Accounting Show – “Most Tax Efficient Methods of Transferring a Family Business to the Next Generation” and “State and Local Tax Issues: Quirks that Affect Middle Markets and Closely-Held Businesses” (State and Local Tax Issues presented with Stephen Hall and Charles Federanich), Cleveland, Ohio, 2017
  • Tri-State Tax Institute – “Flexibility and Low Risk: The Manta in Estate Planning Today,” Wheeling Jesuit University, Wheeling, West Virginia, 2017
  • Boy Scouts of America – 12th Annual Estate Planning Seminar – “Update on Family Limited Partnerships and Family Limited Liability Companies,” Cleveland, Ohio, 2017
  • National Business Institute (NBI) – Business Law Start to Finish – “Handling Common Business Tax Issues,” Akron, Ohio, 2017
  • Ohio Society of CPAs – Mega Tax Conference – “Most Tax Efficient Methods of Transferring a Family Business to the Next Generation,” Columbus, Ohio, 2016
  • Akron Tax and Estate Planning Council – “A Potpourri of Unusual and Possibly Aggressive Estate Planning Techniques,” Akron, Ohio, 2016
  • Lorain County Bar Association Fall 2016 Probate Seminar – “Planning for Lifetime Transfers Utilizing Irrevocable Trusts,” Elyria, Ohio, 2016
  • Ohio State Bar Association Tax Institute – “Federal Tax Law Updates,” Columbus, Ohio, 2016
  • West Virginia Tax Institute Annual Meeting – “Federal Tax Updates,” Charleston, West Virginia, 2016
  • Estate Planning Council of Cleveland – Panel Discussion – Estate Planning “War Stories,” Cleveland, Ohio, 2016
  • National Business Institute – Estate Planning and Administration: The Complete Guide – “Key Laws and Client Intake/Goal Setting”; “Transfers During Life and Inter-Vivos Irrevocable Trusts”; “Tax Consequences of Trusts,” Cleveland, Ohio, 2016
  • AICPA – Advanced Estate Planning Conference – “How CPAs Work With Lawyers”; “Business Succession Planning”; “Tax Aspects of Decanting,” Washington, D.C., 2016
  • The Group, Inc. – Annual Tax, ERISA and Health Care Law Meeting – “DO 8-3 Closing Agreement Program for Disqualified Plans and What does it really mean if a plan is disqualified?,” “§ 1202 Stock,” “Basis Stuffing with Grantor Trusts,” “Several Reorg/Sale Techniques,” “Late S Elections under RPs 2007-62 and 2013-30,” “Elections Under § 1368 for S Corporations to Distribute E & P and Deemed Re-contribution After Year-End to Attain Basis for Losses,” Santa Monica, California, 2016
  • Ohio Society of CPAs – MEGA Tax Conference – “Selected Problems and Planning for Mergers & Acquisitions,” Columbus, Ohio, 2015
  • Ohio Society of CPAs – Accounting Show – “Charitable Giving” and “Succession Planning in Family Businesses,” Cleveland, Ohio, 2015
  • West Virginia Tax Institute – “Federal Tax Update,” Daniels, West Virginia, 2015
  • Boy Scouts of America Estate Planning Seminar – “Current Update on Family Limited Partnerships,” Cleveland, Ohio, 2015
  • Canton Estate Planning Forum – “Post Mortem Planning for S corporations,” Canton, Ohio, 2015
  • Ave Maria Law School Estate Planning Institute – “Estate and Succession Planning for Closely Held Businesses,” Naples, Florida, 2015
  • Served as a panelist in a discussion on “Succession Planning,” at the AICPA Advanced Estate Planning Institute, in Chicago, Illinois, 2014
  • Served as Chair for the “Jewish Community Federation’s 42nd Charitable Tax Seminar,” in Beachwood, Ohio, 2014
  • Spoke in Akron, Ohio on the topic, “Tax Savings Strategies During Acquisitions,” at an NBI Seminar (“Helping Your Client Buy or Sell A Small-To-Medium-Sized Business”), 2014
  • The Ohio Society of CPAs – Mega Tax Conference – “S Corporation Distributions” and “Beneficiary Defective Trusts,” Columbus, Ohio, 2013
  • Tennessee Federal Tax Conference – “Creative Retirement Planning for our Service Professional Clients,” Nashville, Tennessee, 2013

Associations

  • Fellow, American College of Tax Counsel
  • Member of the Board of Advisors, Small Business Council of America
  • Member, American Bar Association’s Tax Section
  • Member, American Institute of Certified Public Accountants Tax Division
  • Member, Tax Club of Cleveland
  • Member, Cleveland Metropolitan Bar Association’s General Tax Committee and the Estate Planning, Probate and Trust Law Sections
  • Member, Kent State University’s National Alumni Board of Directors
  • Creator and Former Chair, Great Lakes Federal Tax Institute
  • Former President and Member, Board of Trustees Institute for Creative Living
  • Former Member, Internal Revenue Service TE/GE Advisory Liaison Group for the Great Lakes Region

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