Chad W. Makuch

Associate

Cleveland
T 216.861.7535  |  F 216.696.0740

Chad Makuch is an estate planning and tax lawyer who focuses on counseling wealthy families, institutional trustees, other fiduciaries, and tax-exempt organizations. Driven to efficiently achieve his clients' goals, he helps families transfer assets and business interests to children, grandchildren, and charities while minimizing or eliminating transfer taxes; counsels fiduciaries in connection with their responsibilities under complex trusts and applicable laws; and guides public charities and private foundations through the tax laws and regulations that govern them.

Chad also collaborates with general tax and tax controversy lawyers to address other income and employment tax issues, including income taxation of utilities, retirement income, the characterization of income as ordinary or capital gains, withholding requirements, audit responses, and tax controversy issues in general.

Select Experience

Individuals and Families
  • Represents high-net-worth individuals and families in estate planning matters and advises them with their testamentary planning (wills and revocable trusts), lifetime planning and gifting, business succession planning and charitable giving. 
  • Meets clients' objectives by employing vehicles such as installment sales, dynasty trusts, insurance trusts, grantor trusts, GRATs, family limited partnerships, and limited liability companies.
Trusts and Estates
  • Represents trustees and executors, whether individuals or institutions, in the administration of large trusts and estates.
  • Guides clients through the formal and often complex process of preparing estate tax returns, inventories, accountings, fiduciary tax reports and more.
  • Regularly fields questions regarding fiduciary duties and responsibilities under multimillion- and multibillion-dollar trusts and the proper investment of those assets.
More »

Experience

Individuals and Families 
  • Represents high-net-worth individuals and families in estate planning matters and advises them with their testamentary planning (wills and revocable trusts), lifetime planning and gifting, business succession planning and charitable giving. 
  • Meets clients' objectives by employing vehicles such as installment sales, dynasty trusts, insurance trusts, grantor trusts, GRATs, family limited partnerships, and limited liability companies. 
  • Transfers assets while minimizing or eliminating costly gift, estate and generation-skipping transfer taxes. In several such matters, Chad designed estate plans that preserved hundreds of thousands and, in some cases, millions of dollars for the benefit of his clients’ family and charity (which otherwise would have been paid in transfer taxes).
  • Designs estate plans to protect his clients’ assets from future creditors' claims and to maintain his clients' privacy where the law might otherwise make his clients' concerns a matter of public record.
Trusts and Estates 
  • Represents trustees and executors, whether individuals or institutions, in the administration of large trusts and estates. 
  • Guides clients through the formal and often complex process of preparing estate tax returns, inventories, accountings, fiduciary tax reports and more. 
  • Regularly fields questions regarding fiduciary duties and responsibilities under multimillion- and multibillion-dollar trusts and the proper investment of those assets. 
  • Provides litigation and pre-litigation support to BakerHostetler’s probate and fiduciary litigation practice. By gaining and formalizing consensus under private settlement agreements or declaratory judgment actions, Chad helps clients avoid litigation or, where litigation becomes unavoidable, provides support to litigators.
Public Charities, Private Foundations and Other Exempt Organizations 
  • Represents public charities, family private foundations, hospitals, health plans and healthcare organizations with respect to their tax exemptions. Chad brings his experience with tax-exempt organization matters to his work with clients, and uses it to help them with applications for tax-exempt status recognition, unrelated business income taxes, restricted gift issues, charitable giving requirements, fundraising and more general counseling of exempt organizations in their day-to-day operations.

Memberships

  • American Bar Association 
  • Ohio State Bar Association 
  • Cleveland Metropolitan Bar Association 
  • Tax Club of Cleveland 
  • Estate Planning Counsel of Cleveland (2012 to present)
    • Programming Committee (2013 to 2014)
  • Cleveland's Annual Tax Institute: Executive Committee (2011, 2012)

 

Community

  • University Hospitals
    • Diamond Advisory Group (2012 to present)
    • Ride the Rainbow Gala: Planning Committee (2014)
  • A Kid Again: Volunteer member of charity striving to foster hope, happiness, and healing for families raising kids with life-threatening illnesses (2013 to present)
  • Princeton Association of Northern Ohio (2009 to present)
  • St. Joseph Church (Strongsville, Ohio) (2009 to present)

Services

Prior Positions

  • City of Cleveland’s Law Department: Special Assistant to the Director 
  • Franklin County Court of Common Pleas: Extern for Judge Guy L. Reece II

Admissions

  • Ohio, 2009

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 2009, cum laude; Moritz scholarship recipient; Articles Editor, Ohio State Law Journal
  • A.B., Princeton University Woodrow Wilson School of Public and International Affairs, 2006

Blog

In The Blogs

Previous Next
WealthDirector
Retirement Planning Strategies under the Scrutiny of the Federal Fisc
August 26, 2015
President Obama’s proposed budget for 2016 shows that some retirement planning strategies have drawn the attention of the Federal government and may be subject to future legislative limitations. The President’s proposed budget suggests...
Read More ->
WealthDirector
IRS Plans to Further Restrict Family Business Valuation Discounts
August 21, 2015
IRS regulations anticipated for release as early as this September may further restrict valuation discounts. The exact scope of the regulations is unknown, but the regulations will likely make it more difficult for taxpayers to discount...
Read More ->
WealthDirector
The Ohio Supreme Court Places Limitations on the Ohio Bright Line Income Tax Residency Presumption
August 4, 2015
On July 8, 2015, the Ohio Supreme Court found that Ohio nonresidents may not claim the benefit of the Ohio “bright line” presumption of nonresidency for income tax purposes if the taxpayer attests to having a domicile outside Ohio on the...
Read More ->
WealthDirector
Trusts Find Shelter from State Taxes in State Courts
July 31, 2015
In two recent cases, taxpayers have successfully challenged state taxation of trust income on the basis that the taxing states had a minimal connection to the trust. In The Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Dept...
Read More ->
WealthDirector
The Limits of Discretion: Trust Distributions for Health, Education, Maintenance and Support
By Chad W. Makuch
September 10, 2013
Trustees are often granted the power to distribute trust property “in the Trustee’s discretion” for a beneficiary’s “general well-being,”  “best interests,” “comfort,” or, most commonly, “health, education, maintenance and support.”  This...
Read More ->