$ 350-400 per hour
About Brian
Biography
I am an advisor, a confidant, and a problem solver. I work with businesses and nonprofits, their owners and stakeholders, their senior management, officers, and directors, and other individuals to help them make the best decisions possible, to insure they satisfy their needs and exceed their goals, and to help overcome complications that arise along the way.
As an AV rated lawyer, I help my clients in two ways.
First, I represent companies, their owners, other individuals, and tax-exempt organizations in IRS tax controversies, helping them successfully maneuver their way through audits, appeals, refund claims, penalty abatement requests, collection matters, and other administrative matters. When necessary, I also appear in litigation against the IRS and the Department of Justice in the U.S. Tax Court, U.S. Court of Federal Claims, U.S. District Courts, and Federal Courts of Appeals.
Second, I advise charities, private foundations, and other tax-exempt and nonprofit organizations on a variety of governance and tax matters. I provide advice to clients on issues such as entity formation, obtaining and maintaining tax exemptions, corporate governance, reclassifications, private inurement, intermediate sanctions, unrelated business income tax, tax reporting, tax disclosures, self-dealing, income distributions, investment restrictions, expenditure limitations, and other related tax and governance matters. I work with senior management, officers, and boards to make sure that the law helps them accomplish their missions and does not prevent them from doing so.
Moreover, I work with over forty other talented lawyers and staff at Forrest Firm, P.C., a full service law firm that assists companies and individuals with a full menu of corporate, business, tax, litigation, and real estate needs. Together, our law firm can and will work with you to insure that your hopes and dreams become your reality.
Practice Areas
2
Practice Areas
Tax
95%
20 years
Debt Collection
5%
15 years
Fees and Rates
Cost
Hourly Rates
Payment Methods
- Check
- Credit Card
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Chat withLicenses
Licensed in North Carolina for 21 years
State: North Carolina
Acquired: 2004
No misconduct found
Licensed in Virginia for 21 years
State: Virginia
Acquired: 2004
No misconduct found
Licensed in Michigan for 26 years
State: Michigan
Acquired: 1999
No misconduct found
Licensed in Georgia for 28 years
State: Georgia
Acquired: 1997
No misconduct found
Location
Forrest Firm, P.C.
521 E. Morehead Street, Suite 405, Charlotte, NC, 28202
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Brian Carl Bernhardt's Reviews
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Brian Carl Bernhardt's Lawyer Endorsements
"Brian is an accomplished tax attorney, capable not only of getting his clients out of trouble with the IRS, but also crafting strategies to minimize tax liability. He is also highly knowledgeable in non-profit tax law. Brian's my go-to referral for all tax and non-profit matters."
Jonathan Barber
Franchising lawyer
Experience
Honors
2020
Pro Bono Honor Roll, North Carolina State Bar
2012
NC Rising Star Super Lawyer, Super Lawyers Magazine
2009
Virginia Rising Star Super Lawyer, Super Lawyers Magazine
2009
Excellence in Writing Award: Best Trust & Estates Article, ABA Probate and Property Magazine
2009
President’s Award, Richmond Jewish Foundation
2008
Pro Bono/Community Servant Honor Roll, Virginia Bar Association
2008
Goldberg Leadership Award, Weinstein Jewish Community Center of Richmond
2007
Virginia Rising Star Super Lawyer, Super Lawyers Magazine
2007
Pro Bono/Community Servant Honor Roll, Virginia Bar Association
2007
Reinhard Jewish Welfare Campaign Award, Jewish Community Federation of Richmond
2006
Pro Bono/Community Servant Honor Roll, Virginia Bar Association
2006
Thalheimer Young Leadership Award, Jewish Community Federation of Richmond
2005
Pro Bono/Community Servant Honor Roll, Virginia Bar Association
2003
Pro Bono Certificate, United States District Court for the Eastern District of Michigan
N/A
AV Peer Review Rating, Martindale-Hubbell
Work Experience
2019 - Present
Attorney, Forrest Firm, P.C.
2018 - 2018
Partner, Milazzo Webb Law, PLLC
2013 - 2018
Shareholder, Bernhardt and Strawser, P.A.
2009 - 2012
Attorney, Bernhardt and Strawser, P.A.
2007 - 2009
Partner, McGuireWoods LLP
2004 - 2006
Associate, McGuireWoods LLP
1999 - 2003
Associate, Raymond & Prokop, PC
1998 - 1999
Trial Attorney, Internal Revenue Service Office Of Chief Counsel
1997 - 1998
Associate, Sutherland Asbill & Brennan, LLP (now Eversheds Sutherland)
Associations
2003 - Present
North Carolina State BarMember
Sample of Legal Cases
In re F.S.T.Y. and A.S.T.Y., 374 N.C. 532 (2020)
Favorably affirmed by North Carolina Supreme Court
Blosser v. Commissioner, T.C. Memo 2007-323
Verdict favorable to Ms. Blosser
Peter S. Peracchio v. Commissioner, T.C. Memo 2003-280
Favorable to Mr. Peracchio.
Lakeland Neuro-Care Center v. State of Michigan, Ingham County Circuit Court No. 02-1326-CZ.
Summary Judgment for Lakeland Neuro-Care Center; Affirmed by Michigan Court of Appeals, March 8, 2004.
Honorable Ray Reynolds Graves v. United States, et. al., E.D. of Michigan No. 01-CV-71556-DT.
Settlement returned Judge Graves to office and granted him back pay and attorney fees.
Detroit Edison Company v. State of Michigan, Michigan Tax Tribunal No. 0279338
Settlement provided Detroit Edison Company with a favorable business solution and closed all successive years to audits of similar issue.
Arbor Towers Associates, Ltd., v. Commissioner, T.C. Memo. 1999-213
Favorable to IRS
Worthington v. Commissioner, T.C. Memo 1999-113.
Favorable to IRS
Education
1997
University of Michigan Law School
J.D.
1994
Brown University
A.B.
Speaking Engagements
2017
NC Furniture Manufacturers’ Credit Association Education Conference
10 Easy Steps to Protect Your Business When Extending Credit
2009
Virginia Horse Council Annual Meeting
Is Your Horse-Related Business “Really” a Business? The IRS May Not Think So…
2009
Virginia Bar Association Annual Meeting
Tax Issues and Opportunities For Health Care Providers and Payors and Their Business Partners, Including the New Form 990, Community Benefits, Governance, and Continuing Qualification For 501(c)(3) Charitable Classification
2009
The University of Virginia Annual Conference on Federal Taxation
The New Form 990
2009
Strafford Publications Tax Teleconference
Revised Internal Revenue Code Section 6694
2009
National Association of Tax Professionals Webinar
Tax Return Preparer Penalties: The New Rules of Section 6694
2009
National Association of Tax Professionals National Conference
Tax Return Preparer Penalties: The New Rules of Section 6694
2009
McGuireWoods Teleconference
Goin' Fishin' with the IRS: Observations, Decisions, and Consequences of the IRS Compliance Questionnaire for Colleges and Universities
2008
William & Mary Tax Conference
Revised (and Revised Again) Internal Revenue Code Section 6694 and New IRS Guidance
2008
Professional Education Broadcast Network
Defending an IRS Collection Division Investigation
2008
McGuireWoods Tax Controversy Teleconference
Revised Internal Revenue Code Section 6694 and New IRS Guidance
2008
McGuireWoods Tax Controversy Teleconference
Protecting Communications in Today’s Aggressive Tax & Financial Enforcement Environment
2008
McGuireWoods 6th Annual Nonprofit Conference
The New Form 990
2008
McGuireWoods 6th Annual Nonprofit Conference
IRS Audits, Investigations, and Congressional Summons
2008
McGuireWoods 6th Annual Nonprofit Conference
Current Developments Affecting Nonprofits: Governance, Updated Guidance on 2006 Charitable Legislation, and Exempt Organization Tax Developments
2008
Lorman Educational Services
IRS Guidelines for Good Governance for 501(c)(3) Organizations
2008
Lorman Educational Services
Tax-Exempt Organizations in North Carolina: The Tax Increase Prevention and Reconciliation Act of 2005 – Avoiding Excise Taxes and Making Proper Disclosures
2008
District of Columbia Taxation Section, Estate Planning Committee – Estate, Trusts & Probate Section
Return Preparer Penalties under Section 6694: What Estate Planning Attorneys Need to Know
2008
Conference of Alumni Association Executives Business Managers
The Pension Protection Act of 2006, Governance Issues, and the New Form 990
2008
American Bar Association Tax Section Meeting
Circular 230, Tax Shelter Transactions, and Preparer Penalties - What EO Practitioners Need to Know
2007
United States Law Firm Group
Privilege Issues Regarding Estate Tax Returns & Audits
2007
Professional Education Broadcast Network
The Innocent Spouse Defense
2007
Professional Education Broadcast Network
Estate and Gift Tax Audits
2007
McGuireWoods and Security Benefit & The Leaders Group, Inc
New Issues & Legislative Developments for Nonprofits
2007
McGuireWoods 5th Annual Nonprofit Conference
Exempt Organization Tax Developments
2007
McGuireWoods 5th Annual Nonprofit Conference
Updated Guidance on Charitable Legislation
2007
McGuireWoods 5th Annual Nonprofit Conference
Governance Issues for Exempt Organizations
2007
Lorman Educational Services
The New IRS Guidelines for Good Governance for 501(c)(3) Organizations
2007
Lorman Educational Services
IRS Form 1099 Reporting in Lawsuits and Settlements
2006
Washington, D.C., Bar Tax Section Tax Audits and Litigation Committee
Hot Topics in Tax Controversy and Tax Litigation
2006
McGuireWoods 4th Annual Nonprofit Conference
2006 Charitable Legislation: Navigating Unchartered Waters – Between the Devil & the Deep Blue Sea: The New TIPRA Rules & Related Tax Controversy Issues
2006
Legal Services of Southern Piedmont Income Tax Seminar
Tax Law for Low Income Taxpayers: An Exceptional Pro Bono Opportunity
2006
American Bar Association Tax Section Meeting
Current Developments in Administrative Practice
2005
Legal Services of Southern Piedmont Income Tax Seminar
Tax Law for Low Income Taxpayers: An Exceptional Pro Bono Opportunity
2004
Virginia Justice Center Training
Tax Controversy Training: The Tax Controversy Roadmap
Publications
2017
Lawyers Mutual Put Into Practice Newsletter
10 Easy Steps to Protect Your Business When Extending Credit
2009
Wealth Management Business Magazine
Tax Return Preparer Penalties: The New Rules of IRC Section 6694
2009
ABA Probate & Property Magazine
Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 2
2009
ABA Probate & Property Magazine
Tax Return Preparer Penalties: The New Rules of Code § 6694, Part 1
2008
ABA Probate & Property Magazine
The Tax Increase Prevention and Reconciliation Act of 2005: Avoiding Excise Taxes and Making Proper Disclosures
2008
Practical U.S./Domestic Tax Strategies
IRS Identifies Tier III Issues for Industry Issue Focus Program
2008
Practical U.S./International Tax Strategies
IRS Identifies New “Transaction of Interest” Requiring Disclosure by Taxpayers and Material Advisors: Subpart F Income Partnership Blocker
2007
Washington Legal Times
Is This Tax Law Unconstitutional?
2007
Practical U.S./Domestic Tax Strategies
IRS Proposes to Add Patented Transactions as New Reportable Transaction Subject to Disclosure Rules
2007
Practical US/Domestic Tax Strategies
IRS Releases Informal Memoranda on FIN 48
2007
Practical U.S./Domestic Tax Strategies
IRS Develops Formal Instructions for Field Personnel To Resolve Key Compliance Issues
2007
Practical U.S./International Tax Strategies
IRS Identifies Loss Importation Transaction as Prohibited Listed Transaction
2005
Practical U.S./Domestic Tax Strategies
IRS Announces Sweeping Settlement Initiative for Abusive Transactions
2004
The Community Tax Law Report
The Effective Tax Administration Offer in Compromise
2002
Michigan Tax Lawyer
The Internal Revenue Manual as Protector of Constitutional Rights: A Sixth Circuit Limitation on Criminal Investigations Disguised as Civil Examinations
2000
Michigan Tax Lawyer
Computer Software: Finally a Clear Sales and Use Tax Rule?
Languages
English
Activity
Legal Answers