Jerald David August

Attorney Profile

Top Rated Tax Attorney in New York, NY

Kostelanetz & Fink, LLP
 | 7 World Trade Center, 34th Floor
New York, NY 10007
Phone: 212-808-8100
Selected to Super Lawyers: 2006 - 2018
Licensed Since: 2011
Practice Areas:
  • Tax: Business (70%),
  • Business/Corporate (20%),
  • Estate & Trust Litigation (10%)
Attorney Profile

As a partner at Kostelanetz & Fink, LLP, Jerald David August focuses on advising  clients on federal and state income tax matters, including transactional tax planning as well as tax controversies and litigation before the Internal Revenue Service.  He works with clients in Manhattan and New York as well as in Philadelphia and the Greater Philadelphia metropolitan area as well as in Palm Beach County, Florida. In short, he has long enjoyed a national practice in matters involving federal and state taxation. In addition to New York (2011), he is admitted to the Florida Bar (1977) and the Pennsylvania Bar (1980). 

Thanks to his outstanding service, Mr. August holds the highest peer rating possible of AV Preeminent* from Martindale-Hubbell; he has been listed in The Best Lawyers in America; and he has an Avvo “Excellent” rating. He has also received a category 1 rating from Chambers (Florida) and is rated in NYC in federal taxation by Chambers.  He is a Life Sustaining Member of the prestigious American Law Institute and has participated in several ALI Restatement projects on taxation and estate and trust law.

Though much of his work is dedicated to providing advice, Mr. August has experience in litigation as well. He has represented clients in the U.S. Tax Court, the U.S. Court of Appeals for the 11th Circuit and the U.S. Court of Federal Claims, as well as before the Internal Revenue Service. He also represented the Florida Bar, Section of Taxation, as amicus curiae, in a landmark tax case before the United States Supreme Court, Commissioner v. Estate of Hubert, 520 U.S. 93 (1997).  He recently obtained on behalf of his client a full concession from the Department of Justice in a major tax refund suit filed with the U.S. Court of Federal Claims, involving consolidated net operating loss carrybacks in excess of $1B. Claybrook, as Trustee for the Estate of Downey Financial Corp., v. United States, No. 10-734T, April 18, 2012.

Mr. August has built his career on an impressive educational background. In 1974, he earned a Bachelor of Science in Finance from the Wharton School and a Bachelor of Science  from the University of Pennsylvania. He then graduated with a Juris Doctor from the University of Pittsburgh School of Law in 1977.  Mr. August earned a Master of Laws in Taxation (LL.M.) from the New York University School of Law in 1980.

Comprehensive in nature, Mr. August’s practice focuses on business taxation, both domestic and international taxation, both from the planning side as well as in representing business and individual clients before the Internal Revenue Service and other taxing authorities. He is frequently asked to advise clients on in-bound as well as out-bound business operations and investments. He also advises clients on personal wealth planning issues both for U.S. individuals as well as foreign investors and professionals migrating or working in the U.S. In business taxation he regularly advises owners of privately owned companies on the federal income tax impacts to forming and operating the business, distributing profits in a tax-efficient manner and sales and acquisitions of companies, both incorporated and unincorporated. He has worked on corporate tax matters in bankruptcy and workouts in general. He has negotiated business transctions and joint venture arrangements involving U.S. persons and non-U.S. persons. His clientele has included managers of private equity concerns, hedge fund managers, corporations, limited liability companies and various other business organizations.

Jerry has published well over 100 articles on federal taxation published in national law journals and law reviews and has served as Editor-in-Chief of tax publications such as Business Entities, Journal of S Corporations and Partnerships and the Tax Lawyer, the highly respected law review of the ABA Tax Section. He frequently chairs and speaks at national tax programs sponsored by the American Law Institute-CLE and for the New York University Federal Institute on Taxation.


* AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice Areas
Lawyer Practice Area Pie Chart

Tax (70%): Tax Law

Business/Corporate (20%): Limited Liability Companies, Partnership, Sub-chapter S Corporations

Estate & Trust Litigation (10%)

Focus Areas

Tax: Tax Law

Business/Corporate: Limited Liability Companies, Partnership, Sub-chapter S Corporations


Selected to Super Lawyers for 13 yearsbottom-image

Super Lawyers: 2006 - 2018

Florida Bar Board Certified

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About Jerald August

Admitted: 2011, New York

Professional Webpage:

Honors and Awards:

  • AV+ rated, Martindale-Hubbell

Bar/Professional Activity:

  • Member, American Law Institute
  • Member, American Tax Policy Institute
  • Member, American College of Trust and Estate Counsel
  • Member, American College of Tax Counsel
  • Member, Pennsylvania Bar Association
  • Member, Florida Bar Association
  • Member, New York Bar Association
  • Blue Ribbon Task Force on Wealth Transfer Tax Reform
  • Chair, Tax Section's Pass-Through Entity Integration Task Force
  • Chair of the Tax Section's Committees on S Corporations and Continuing Legal Education
  • Vice-Chair (Publications) of the American Bar Association, Section of Taxation
  • Tax Section of The Florida Bar
  • United States Supreme Court

Scholarly Lectures and Writings:

Verdicts and Settlements:

  • Commissioner v. Estate of Hubert, 520 U. S. 93, 1997

Educational Background:

  • New York University School of Law, LL.M. in Taxation, 1980
  • Wharton School of the University of Pennsylvania, B.S. and B.A., 1974
Find Me Online
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Office Location for Jerald David August

7 World Trade Center
34th Floor
New York, NY 10007

Phone: 212-808-8100


Jerald David August:

Last Updated: 1/4/2018

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