Keith C. Durkin

Partner

Orlando
T +1.407.649.4005
F +1.407.841.0168

Overview

Keith Durkin is an experienced tax attorney and trusted advisor to individuals, families and closely-held businesses in a broad range of matters, including sophisticated tax planning, intra-family wealth planning, business succession, business operations, asset protection, all probate matters, guardianship matters, and sophisticated estate and trust administrations. Keith routinely structures estate plans and business operations in the most tax efficient manner, with a particular emphasis on achieving intra-family goals, asset protection goals and streamlined tax reporting. Keith is also an experienced litigator, providing advice and representation in estate disputes, probate disputes, trust disputes, business disputes and tax audits. 

Select Experience

  • Lead attorney in $20 million estate litigation, obtaining favorable client settlement and preparing and filing Form 706 United States Estate (and Generation-Skipping Transfer) Tax Return and Amended Forms 709 United States Gift (and Generation-Skipping Transfer) Tax Returns. Representation included restructuring trusts as conduit trusts, preparing generation-skipping transfer tax severance agreements, trust merger agreements, trust decanting documents, and substantive estate, generation-skipping transfer and income tax advice.
  • Lead attorney in $40 million multi-state corporate restructuring that was part loan and part sale.
  • Lead attorney in several gift/sale to defective grantor trust transactions, resulting in millions of estate tax and generation-skipping transfer tax savings for clients.
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Experience

  • Lead attorney in $20 million estate litigation, obtaining favorable client settlement and preparing and filing Form 706 United States Estate (and Generation-Skipping Transfer) Tax Return and Amended Forms 709 United States Gift (and Generation-Skipping Transfer) Tax Returns. Representation included restructuring trusts as conduit trusts, preparing generation-skipping transfer tax severance agreements, trust merger agreements, trust decanting documents, and substantive estate, generation-skipping transfer and income tax advice.
  • Lead attorney in $40 million multi-state corporate restructuring that was part loan and part sale.
  • Lead attorney in several gift/sale to defective grantor trust transactions, resulting in millions of estate tax and generation-skipping transfer tax savings for clients.
  • Lead attorney in partnership tax and operations dispute centered around proper capital account maintenance issues and accounting issues, resulting in seven-figure settlement for client.
  • Lead attorney in obtaining court-approved reformation of trusts and private letter ruling to ensure reformation did not result in adverse gift tax, generation-skipping transfer tax or income tax consequences.
  • Lead attorney in routine preparation of revocable dynasty trusts, family limited partnerships, charitable remainder unitrusts, charitable lead annuity trusts, grantor retained annuity trusts, irrevocable life insurance trusts, estate tax returns, gift tax returns, and all probate, guardianship and trust administration documents.
  • Lead attorney in routine preparation of asset purchase agreements, shareholder agreements, operating agreements with specific tax attributes, and corporate reorganizations. 

Recognitions and Memberships

Recognitions

  • New York University Stern School of Business: Advanced Certification in Graduate Business

Memberships

  • American Bar Association
  • The Florida Bar -- Real Property, Probate and Trust Law Section (RPPTL)
  • ActionLine Magazine: Editor-at-Large (2018)

Community

  • Mental Health Association of Central Florida: Board Member
  • Orlando Metro YMCA: Board of Directors
  • Best Buddies: Member (2008 to 2012)

Admissions

  • Florida

Education

  • LL.M., Taxation, New York University School of Law, 2004
  • J.D., University of Miami School of Law, 2003, cum laude; International & Comparative Law Review, Articles and Comments Editor; International Moot Court Board, President; James Weldon Institute, Fellow; five Book Awards and Dean's certificates
  • B.S., Tulane University, 2000