In the Wake of Federal Tax Reform, Family Offices Should Consider Restructuring

Federal tax reform has potentially and perhaps unexpectedly increased the tax liability for families by destroying the deduction for investment expenses. However, the recent United States Tax Court decision on the Lender Management case may provide an opportunity for family offices to maintain deductibility for legitimate business expenses under the Internal Revenue Code (IRC) 162 instead of Section 122. Therefore, family offices desiring to deduct expenses may want their facts to closely mirror those of Lender Management, LLC and to consider restructuring.