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Anthony F. Vitiello

Chair, Taxation and Estate Planning

Overview

Anthony Vitiello’s practice is dedicated to sophisticated tax planning for individuals, businesses, estates and trusts. As chair of the firm’s Taxation and Estate Planning Practice Group, he places a particular emphasis on estate and asset protection planning. Tony uses a personalized and innovative approach in planning estates from $10 million to more than $1 billion, and in his counsel on significant tax issues for family foundations, closely held corporations, partnerships and limited liability companies. He also maintains a significant practice in gift, estate and income tax audits and controversies.

Since 2011, Tony has been listed annually in The Best Lawyers in America®, one of the legal profession’s most well-respected and long-standing peer-review publications. He is recognized by Best Lawyers® in the areas of Trusts and Estates, Trusts and Estates Litigation and Tax Litigation and Controversy. Tony was also named by editors of Worth magazine in its list of the nation's "Top 100 Attorneys" for each of the four years the roster was published. Worth's editors looked most carefully at attorneys practicing in trusts and estates and other personal planning matters.

A thought leader in estate planning and related tax matters, Tony lectures extensively and frequently publishes in legal and business journals. He is certified to provide continuing professional education credits to certified public accountants in New York and New Jersey, as well as to individuals holding the certified financial planner designation.

Tony began his legal career with the United States Treasury, providing counsel to the Internal Revenue Service (IRS). During this time, he represented the IRS in the United States Tax Court, handling complex tax controversies including corporate tax disputes, estate tax litigation matters and personal income tax cases. Tony received both his J.D. and LL.M. in taxation from New York University (degree programs ranked sixth and first in the nation, respectively).

Representative Experience:

  • Provided advice relating to — and implemented — estate plans for estates and trusts ranging in value from $5 million to more than $1 billion
  • Transferred closely held businesses to younger generations at significantly discounted values
  • Provided significant asset protection advice to clients with creditor sensitivity, ranging from professionals with the potential for future creditor risk to multinational families (and their trusts) seeking to ensure the insulation of vast multi-generational fortunes from a host of potential risks
  • Provided advice concerning and implemented, various charitable giving techniques for clients’ estate plans, including significant family foundations ranging in initial funding from less than $1 million to over $10 million
  • Successfully defended against numerous audits and civil tax prosecutions including: settled a tax litigation where the Internal Revenue Service asserted in excess of $20 million in gift tax liability, penalties, and interest for less than $300,000; negotiated a settlement with the California taxing authority involving more than $5 million in income tax, penalties, and interest for $200,000
  • Negotiated a settlement with the Internal Revenue Service that allowed a taxpayer charged with a civil tax fraud deficiency in excess of $600,000 to pay 15 cents on the dollar
  • Successfully settled numerous family partnership/LLC gift and estate tax audits for substantial discounts
  • Designed multiple private and third-party insurance premium financing transactions ranging from $10 million to over $100 million in insurance death benefit
  • Developed and implemented various off-shore asset protection trusts using Bahamian, Cook Islands, and Swiss structuring components
  • Successfully leveraged tens of millions of dollars of real estate value out of a senior generation’s estate into dynasty trusts for multi-generational wealth transfer
  • Advised multinational estate planning clients on various aspects of estate, income, and gift taxation, implemented estate plans for individuals with international estate planning issues and created structures for the avoidance of U.S. estate tax consequences for non-resident aliens with U.S. estate tax issues
  • Represented and advised hundreds of executors and families in the administration of decedents’ estates, including those with multi-state and multi-national issues; unique, varied, and substantial assets; and complex tax and non-tax issues

Activities

Community and Professional Affiliations

  • American Bar Association
  • New Jersey State Bar Association
  • New York State Bar Association
  • United States Tax Court
  • Early Settlement Panel, Essex County Superior Court, Probate Part (Voluntary mediation program created to settle litigated probate matters at an early stage of litigation) (2007-present)
  • Treasurer and Board Member, New Jersey Lawyer Newspaper (2002-2006)
  • Adjunct Professor in Estate Planning, Fairleigh Dickinson University (1998-2003)
  • Guest Clinical Speaker, Rutgers Law School Tax Clinic (1996-2001)

Estate Planning Lectures Presented (Partial List):

  • Presenter, "Gift Tax Returns & IRS Examination: Challenges and Pitfalls for Practitioners," Third Annual New England IRS Representation Conference; Foxwoods Resort, CT (November 2016)
  • Presenter, “Are You Prepared to Prepare the Complex Gift Tax Return (and Spot the GST Traps)?” AICPA Advanced Estate Planning Conference; Washington, D.C. (July 2016)
  • Speaker, Advanced Estate Tax Strategies” and “Using Estate Planning Trusts to Achieve Significant Income Tax Deductions and Deferral,” AICPA Conference on Tax Strategies for the High-Income Individual; Las Vegas, NV (May 2016)
  • Speaker, “Are You Prepared to Prepare the Complex Gift Tax Return (and Spot the GST Traps)?” AICPA Advanced Estate Planning Conference; Salt Lake City, UT (July 2015)
  • Speaker, “Advanced Planning with Trusts,” Rules of Trust Administration Seminar (Lorman Education Services, Fairfield, NJ) (October 2014)
  • "Lifetime Gifting Strategies: A New Look at Old Favorites," 44th Annual Sidney Kess UJA-Federation of New York Estate, Tax & Financial Planning Conference; New York, NY (October 2013)
  • Speaker, Rules of Trust Administration Seminar (Lorman Education Services, Parsippany, NJ) (October 2013)
  • "Are you Prepared to Prepare the Complex Gift Tax Return?" AICPA Conference on Tax Strategies for the High-Income Individual; Las Vegas, NV (May 2013)
  • "The Perfect Hedge: Cutting-Edge Planning Strategies with Guaranteed Results," UJA-Federation 43rd Annual Sidney Kess New York Estate, Tax & Financial Planning Conference; New York, NY (September 2012)
  • "Lifetime Gifting Strategies: A New Look at Old Favorites," AICPA Advanced Estate Planning Conference; Las Vegas, NV (July 2012)
  • "Are You Prepared to Prepare the Complex Gift Tax Return (and Spot the GST Traps)?" AICPA Conference on Tax Strategies for the High-Income Individual; Las Vegas, NV (May 2012)
  • "The Perfect Hedge: Cutting-Edge Planning Strategies with Guaranteed Results," AICPA Conference on Tax Strategies for the High-Income Individual; Las Vegas, NV (May 2012)
  • "Are You Prepared to Prepare the Complex Gift Tax Return?" AICPA Advanced Estate Planning Conference; Boston, MA (July 2011)
  • "Are you Prepared to Prepare the Complex Gift Tax Return?" AICPA Sophisticated Tax Planning for Your Wealthy Clients Conference; New York, NY (November 2010)
  • Asset Protection Planning in New Jersey, Lorman Education Services (January 2006, 2007, and 2008)
  • Charitable Giving, Kimball Community Medical Center Foundation (November 2005)
  • Estate and Asset Protection Planning, Chilton Hospital Sponsor (May 2005)
  • Intergenerational Trust Planning, National Association of Personal Financial Planners Annual Meeting (April 2005)
  • Dynasty Trust Planning, Financial Planning Association of NJ (September 2003)
  • Non-Profit Accounting Issues, Morris/Sussex Chapters of the N.J. Society of Certified Public Accountants (September 2002)
  • Exempt Organizations and Charitable Activities in NJ, National Business Institute (May 2002)
  • Gift Tax Returns - Selected Issues and Common Mistakes, Morris/Sussex Chapters of the N.J. Society of Certified Public Accountants (November 2001)
  • “Enabling Clients to Minimize Taxes Through Charitable Giving” and “How to Avoid Major Taxation on What May Be Your Largest Asset,” Hackensack University Medical Center – Sponsored lectures (1999)
  • Estate Planning, Bergen/Passaic and Monmouth Chapters of the N.J. Association of Public Accountants (May 1997)
  • Multiple Financial and Estate Planning Seminars for various professional groups

News & Insights

News

Publications

Honors

Best Lawyers in America (2011-2017)

  • Trust and Estates
  • Trust and Estates Litigation
  • Tax Litigation and Controversy

New Jersey Super Lawyers (2005-2006, 2008-2017)

"Top 100 Lawyers," Worth magazine (2005-2008)

 
Anthony F. Vitiello
 

Best Lawyers Award Badge

Education

New York University (J.D., 1993, LL.M., Taxation, 1996)

Lehigh University (B.A., 1990)

Admissions

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