David A. Fruchtman

Counsel

Practice Groups and Client Sectors:

Tax

Areas of Focus:

State and Local (Subnational) Tax, Corporate and International Tax
David A. Fruchtman

Education

Harvard University

J.D.

University of Wisconsin

B.B.A with distinction

Previous Experience

  • Horwood Marcus & Berk (Of Counsel)
  • Winston & Strawn LLP (Partner)
  • McDermott Will & Emery (Partner)

Bars & Courts

  • U.S. Supreme Court
  • U.S. Tax Court
  • New York
  • Illinois

Professional Experience

David A. Fruchtman chairs Rimon's State and Local (Subnational) Taxation practice.

Mr. Fruchtman's clients include market-leading heavy equipment manufacturers, marketing companies, travel lodging providers and vehicle rental companies, as well as mid-sized retailers and financial services companies. His clients are listed on the NYSE, on NASDAQ and are privately held.

Mr. Fruchtman has assisted clients on issues in all 50 states, on matters involving income taxes, franchise taxes, sales and use taxes, real property transfer taxes and a variety of other state and local taxes. His practice is equally divided between tax planning and tax controversy work.

His planning work includes tax efficient structuring of businesses and transactions, and frequently requires working with tax authorities to obtain favorable letter rulings. He enjoys advising foreign companies that are expanding into the United States, and in 2010 assisted an American affiliate of an Israeli company in one of Wall Street's most successful IPOs of the year.

In contested matters, Mr. Fruchtman's clients share his philosophy of working cooperatively with state revenue departments. They recognize that saving a few dollars today in exchange for a damaged relationship is not a sound approach. Mr. Fruchtman therefore looks to obtain excellent results while negotiating intelligently with taxing authorities. He prefers to become involved in tax disputes in the late stages of an audit rather than after an assessment has been issued. And, because negotiated resolutions are not always possible, he has successfully represented clients before courts and administrative tribunals across the country. In 2003, he was a Special Deputy Attorney General to the state of Hawaii.

Mr. Fruchtman is the author of "Nonlitigated Resolutions of Multistate Tax Disputes: Three Case Studies Show How Taxpayers, States Can Find Common Ground" (published in BNA Daily Tax Reports (March 3, 2011) and in two other tax publications), of the Hebrew language booklet "American State and Local Taxes: Risks and Opportunities -- What Israeli Businesses Must Know", and of many other tax articles and updates. He lectured at NYU's Summer State and Local Tax Institute for 13 years (on Constitutional issues, LLC and partnership taxation, and escheat of abandoned property issues), was the chairman of the Income and Franchise Taxes Subcommittee of the American Bar Association's state tax committee, and has been co-author of the Illinois chapter of the ABA's Sales and Use Tax Deskbook for more than 20 years. He has lectured on state tax issues at Tax Executives Institutes, American Bar Association meetings, Chicago Tax Club, the Israel Export Institute, the Israel-America Chamber of Commerce, Georgetown University Law Center, the University of South Carolina School of Law, ITT Chicago Kent Law School, the University of Wisconsin School of Business, and many seminars in the United States and Israel.

Mr. Fruchtman has been repeatedly recognized as a New York and Illinois Super Lawyer, an annual listing of 2-5% of the states' lawyers who have achieved significant professional accomplishment.

When not working, Mr. Fruchtman enjoys family time, running and being the pitcher/commissioner/umpire/popcorn maker of the sandlot baseball league he formed with his daughters. In 2017, when he was old enough to know better, he ran twelve marathons in twelve weeks.

Mr. Fruchtman is a graduate of Harvard Law School and the University of Wisconsin. Before Rimon, Mr. Fruchtman was the partner in charge of State and Local taxation at Winston & Strawn LLP, a partner at McDermott Will & Emery and Of Counsel to Horwood Marcus & Berk.


Awards & Recognition

  • Rated By Super Lawyers

Publications

U.S. Supreme Court Brief and Treatises

  • Income Taxes: Definition of a Unitary Business, Bloomberg BNA State Tax Library (May 7, 2018)
  • Amicus Brief in South Dakota v. Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc. (U.S. Supreme Court Docket No. 17-494, Filed March 5, 2018)
  • Combined/Consolidated Returns (Professional Commentator), RIA Checkpoint Catalyst Topic 1013 (April 2016)

Articles and Outlines From Speeches

Newsletters

Booklets