King, James R.

Current Employment Position(s)

Partner

Lawyer Overview

Jim King advises tax-exempt health care organizations and other tax-exempt and nonprofit organizations regarding tax, transactional, regulatory, and corporate governance matters.

Jim has substantial experience representing clients in federal and state tax controversy matters, including IRS "whistleblower" audits regarding alleged excess benefit transactions, IRS team examinations of hospitals and health systems, and state challenges to real estate and other tax exemptions. In the transactional area, Jim advises clients regarding mergers, acquisitions, affiliations, and joint venture arrangements with for profit organizations. In the regulatory and corporate governance areas, Jim counsels clients regarding conflict of interest, rebuttable presumption and other intermediate sanctions compliance matters, IRS "best practice" policies and procedures, state law fiduciary duties for nonprofit fiduciaries, the impact of FIN 48 on tax-exempt organizations, and the expanded public disclosures required by the IRS's redesign of the Form 990. Representative clients include Bon Secours Health System, the Cleveland Clinic, Lafayette General Medical Center, ProMedica Health System, Sentara Health System, and the Internet Corporation for Assigned Names and Numbers (ICANN).

Jim is listed in the 2009 edition of The Best Lawyers in America in the tax, corporate, health care, and nonprofit/charities law areas and in the 2009 edition of Ohio Super Lawyers in the tax and health care fields. He is a member of the American Health Lawyers Association (AHLA), where he is currently the chair of the Tax and Finance Practice Group. In addition, Jim frequently writes and speaks on matters concerning health care and nonprofit and tax-exempt organizations.

Areas of Practice

• Tax
• Health Care
• Mergers & Acquisitions/Tax
• Private Equity/Tax
• Tax & Benefits/Health Care

Representative Cases

• Baird Capital Partners acquires controlling interest in Circuit Check
• Baird Capital Partners portfolio company acquires Chemetal
• Catholic Health Initiatives merges subsidiary with Jewish Hospital HealthCare
• Cleveland Clinic forms Lou Ruvo brain center in Las Vegas , (2009)
• Cleveland Clinic Foundation defends against breach of contract and unfair trade practice claims
• Not-for-profit health care systems defend putative class actions challenging hospitals' tax-exempt status
• Shelly Company acquired by Oldcastle, Inc.
• Stonehenge Partners completes disposition of Westward Communications
• Stonehenge Partners forms fund in JV with Huntington

West Practice Categories

Banking & Finance Law, Corporate Taxation, Disability, Elder Law, Estate & Gift Taxation, Excise Taxes, Food & Drug Administration, Health & Health Care Law, Hospital Law, Income Taxation, International Taxation, Medicare & Medicaid, Mental Health, Mergers, Acquisitions & Divestitures, Nursing Home, Payroll Taxes, Property (Ad Valorem) Taxes, Sales & Use Taxes, Social Security -- Disability, Taxation Law

Bar Admissions

• Ohio

Education

• Miami University - Ohio
• Ohio State University

Published Works

• Provena Covenant Medical Center v. Department of Revenue: Illinois Supreme Court Suggests New, Narrow Tests for Charity Care, 2010
• IRS to Audit Colleges and Universities—A "Lesson Plan" on Preparing for the IRS, 2009
• Colleges and Universities: Is There Impending Interference With the Tax Preferences Applicable to Intercollegiate Sports?, 2009
• Form 990 Disclosure Requirements Challenge Hospitals, Provide Opportunities, The Health Lawyer / ABA Health Law Section, 2009
• Charity Care for Nonprofit Hospitals, A Legal and Administrative Guide, Aspen Publications, 2009
• The Excess Benefit Transaction Audit: What Happens When "The Boss" Is the IRS’s Target, Taxation of Exempts, Volume 20, Number 3, 2008
• IRS Launches College and University Compliance Project; Distributes Compliance Questionnaires, 2008
• Form 990: Five Things Not-for-Profit Hospital Directors Should Know, Bloomberg Law Reports – Health Law, Vol. 1 No. 9, 2008
• IRS To Send Questionnaires to 400 Colleges and Universities Nationwide, 2008
• Form 990 Draft Instructions Need Refinement to Present an Accurate Picture of Tax-Exempt Health Care Organizations, coauthor, BNA Health Law Reporter, Vol. 17, No. 25, p. 857, 2008
• Episode II: IRS Issues Revised Draft Instructions for Final Form 990, Health Lawyers Weekly, Vol. 6, No. 18, 2008
• A FIN 48 Primer for Tax-Exempt Healthcare Organizations, Bloomberg Law Reports – Health Law, Vol. 1, No. 3, 2008
• Employee Care Funds for Disaster Relief and Emergency Hardship, 19 Tax'n of Exempts, Vol. 19, No. 4, 2008
• Tax Compliance for the New Millennium: IRS Releases Discussion Draft of Redesigned Form 990, Part 2, HCCA Compliance Today, Vol. 9, No. 10, 2007
• Tax Compliance for the New Millennium: IRS Releases Discussion Draft of Redesigned Form 990, Part 1, HCCA Compliance Today, Vol. 9, No. 9, 2007
• IRS Mandates Heightened Transparency in Redesigned Form 990, Health Lawyers News, Volume 11, Number 8, 2007
• Impact of IRS’s Draft Redesigned Form 990 on Tax-Exempt Healthcare Organizations, Health Lawyers Weekly (Vol 5, No. 25), 2007
• The Dollars and Sense of Executive Compensation, HCCA Compliance Today, Vol. 9, No. 4, 2007
• IRS Issues Executive Compensation Initiative Report, BNA's Health Law Reporter, 2007
• Best Practices in Nonprofit Governance: Dealing with "Voluntary" Reforms, 2007
• Multimillion-Dollar Tax on Excess Benefits Overturned, 2006
• Documenting the Quid Pro Quo of Community Benefit, coauthor, Taxation of Exempts, p. 29-43, 2006
• IRS Mails Community Benefit Questionnaires, 2006
• Nonprofit Panel Releases Report on Transparency, Governance, and Accountability, 2006
• IRS to Send Community Benefit Questionnaires to 600 Hospitals Nationwide, 2006
• Proposed Regulations on the Relationship Between Participation in Excess Benefit Transactions and Loss of Tax-Exempt Status, American Health Lawyers, Tax & Finance Newsletter, 2006
• Nonprofit Executive Compensation in the Healthcare Industry: Hands-On Board Oversight and Supervision Key to Retention of Tax-Exempt Status, BNA Journal Reports: Law & Policy Reproduced with permission from Benefits Practice Center, Executive Compensation Library, Journal Reports: Law & Policy, http://www.bna.com/products/eb/bpcw.htm. Copyright 2006 by, 2006
• Tax Law Compliance, 2006 Health Law and Compliance Update, John Steiner, editor, Aspen Publishers, 2006
• IRS Issues Proposed Regulations on the Relationship Between Participation in Excess Benefit/Private Inurement Transactions and Revocation of Tax-Exempt Status, 2005
• Nonprofit Hospital Billing Litigation Highlights Fundamentals of Section 501(c)(3), coauthor, 17 Taxation of Exempts 24, 2005
• Jury Finds St. David’s Exempt, 15 Taxation of Exempts 154, 2004
• St. David’s Decision Provides Important Guidance on Some Key Issues, 15 Taxation of Exempts 243, 2004
• New Rules for Physician-Hospital Joint Ventures, coauthor, Business First, 2004
• Revocation of Tax-Exempt Status, Excise Taxes, and Other Intermediate Sanctions Issues, Plus Income Taxes: How the Rules Have Changed After Caracci v. Commissioner, 36 J. Health L. 1, 2003
• New Temporary Regulations on Intermediate Sanctions, 2001

Address

P.O. Box 165017
325 John H. McConnell Boulevard
Suite 600
Columbus, OH 43216-5017

Phones

1.614.281.3928 (Business Phone)

Faxes

1.614.461.4198 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com