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Employee Benefits Practice

Our attorneys have regularly represented trust plans and brokers in connection with disputes over the rights of employers and employees in such plans. Our attorneys have been counsel on several Second Circuit Appeals involving the tax implications of such plans, and have petitioned to take one such appeal to the Supreme Court.  We have also been involved in AAA Arbitrations involving the rights of beneficiaries in such plans.

Pastore & Dailey LLC’s tax group regularly works on reviewing and drafting employee benefit plans.  In addition, our Firm has formed and counseled service employee benefit funds designed to create track records for investment advisors. 

Pastore & Dailey has previously partnered with Latham & Watkins LLP to file a petition for certiorari seeking Supreme Court review of a decision from the Second Circuit Court of Appeals concerning the tax treatment of employee benefit plans. The Petition was based in part on a split in the Circuit Courts concerning the level of review required in appeals from the U.S. Tax Court.  Pastore & Dailey and Latham & Watkins LLP argued that an Article Three District Court should review issues of tax liability for U.S. citizens on a de novo basis, instead of giving deference to the Tax Court, as U.S. citizens are entitled to an Article Three review when issues of their Federal tax obligations are at stake.