Barry Gersick, a partner in both Maslon's Estate Planning Group and Business & Securities Group, is featured in a November 12, 2014, Star Tribune article titled, "Few taxpayers survive the 'domicile swamp.'" The article discusses the recent case of Curtis and Stacy Marks that has challenged the residency claims of the Minnesota Department of Revenue, scoring "an uncommon tax court victory that has Revenue, not accustomed to defeat, mulling an appeal to the Supreme Court." Barry represented the Markses in this matter.
The article states, "the residency win for Curtis and Stacy Marks comes amid heightened public attention to Minnesota’s long-running residency questions." It shares the view of some lawyers that "Revenue has been more aggressive in scrutinizing residency claims in the last three to four years," adding "the threat of audits over the issue have certain taxpayers meticulously logging the days spent in Minnesota and what they do here."
Although the Tax Court Judge ultimately sided with Curtis and Stacy Marks, the article reports that the exact day the Markses decided to stay put in Minnesota is still being hashed out. Barry shared, "Curtis Marks now lives in Excelsior and is focused on having a trial to determine when their residency started." Barry wouldn’t disclose how much income tax is at stake, just that the amount is "substantial."
To read the full article online, go to: Star Tribune "Few taxpayers survive the 'domicile swamp.'"
Barry Gersick is a partner practicing in areas of taxation, business matters, and estate planning. He has represented privately held businesses and their owners in various tax matters, including tax planning, contested tax matters, estate planning, and estate and gift taxation. Barry has assisted owners of businesses in numerous acquisitions and divestitures.