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TimMuck

He | Him | His

Partner

"Nothing is more gratifying than developing a plan to accomplish an objective that a client did not think was possible."

Overview

Biography

Tim primarily concentrates his practice on developing thorough estate planning, tax, and business succession strategies that help achieve clients’ personal and business objectives. He provides guidance on a broad range of estate and business planning matters, including estate, gift, and income tax planning; prepares wills, revocable trusts, irrevocable trusts, powers of attorney, health care proxies, and beneficiary designations; and forms and structures corporations, limited liability companies, partnerships, and other entities. Tim provides advice for a diverse array of clients, ranging from business owners with complex estate plans looking to minimize tax liabilities through trusts and other estate planning techniques to individuals seeking to protect assets from the cost of long-term care.

Tim actively works with clients to accomplish their objectives while also addressing emotional, legal, tax, and technical considerations. He works closely with fiduciaries on estate and trust administration matters to implement strategies allowing beneficiaries to avoid paying unnecessary estate and income taxes. As a former tax practitioner, Tim also represents clients being audited by federal or state tax departments in connection with estate, gift, income, and other tax matters.

Tim has extensive experience counseling business owners as part of business succession planning, including transitioning ownership among family members, negotiating exit strategies involving key employees, or selling the business to a third party. He works closely with business owners to understand the emotional, financial, and operational needs of the owner and the business. After understanding these needs, he develops strategies to implement the succession plan, including the formation of entities and preparing agreements with executives or key employees. Tim also routinely addresses business and taxation concerns through the development of owner agreements such as shareholder, operating, and buy-sell agreements.

Bar Associations

  • Monroe County Bar Association, Academy of Law, Dean
  • Monroe County Bar Association, Business Law Council, Member and Past Chair
  • New York State Bar Association, Taxation and Trusts and Estates Sections

Selected Memberships & Affiliations

  • Estate Planning Council of Rochester, Executive Committee
Experience

Representative Experience

  • Represented a manufacturing company and its family owners in connection with a partial sale of the company to an ESOP.
  • Successfully negotiated the settlement of an IRS estate tax audit with a minimal payment, where the IRS initially sought to assess more than $400,000 of additional estate taxes.
  • Represented executives of publicly traded companies in designing and implementing gifting strategies using trusts to optimize asset transfers for estate and gift tax purposes.
  • Represented a company owned by an ESOP in connection with the sale of the company's assets to a strategic purchaser.
  • Represented an agricultural family business in crafting and implementing a business succession plan with a complex management structure and assisted in the transition of ownership to a successor family member.

Prior Experience

  • Lacy Katzen LLP, Partner

Selected Community Activities

  • Big Brothers Big Sisters of Greater Rochester, Former Board Member and Former Treasurer, Finance Committee Member
  • American Cancer Society, Planned Giving Advisory Council Member

Selected Honors

  • The Best Lawyers in America®: Closely Held Companies and Family Businesses Law, 2021–2024; Corporate Law, 2022–2024; Rochester "Lawyer of the Year": Closely Held Companies and Family Businesses Law, 2023
  • Selected to Super Lawyers Upstate New York Rising Stars, 2013–2015 and 2017
Knowledge

Selected Speaking Engagements

  • Monroe County Bar Association, “Litigating a Buy-Sell Agreement” CLE, Chair
  • Monroe County Bar Association, “Executive Compensation & Section 409A” CLE, Chair
  • Monroe County Bar Association “Partnership Accounting Concepts for Business Lawyers” CLE, Chair

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Fourth Department Finds Language in 1980 Statute Is Gender Neutral for Purposes of Child Victims Act

Alerts

Priority of Federal Tax Lien on Personal Property: Secured Lender vs. IRS

Alerts

COVID-19 Business Interruption Update: New York High Court Affirms in Favor of Insurer

Alerts

USFWS Introduces General Permit for Bald and Golden Eagle Incidental Take

Alerts

ORES Executive Director Issues First Denial of Section 94-C Permit Application Following Applicant's Partial Loss of Site Control

Alerts

New Details About OPWDD Spending in the New York State FY 2025 Executive Budget

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

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