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Michael W. Durham

Shareholder
Languages: English | German

Michael Durham is a member of the firm’s Tax section and head of its Tax-Exempt Organizations group. He advises a broad range of tax-exempt organizations, including large religious organizations, private foundations, high-technology nonprofits, advocacy and action organizations, affiliated groups of taxable and tax-exempt organizations, and donors wishing to make large philanthropic gifts.

 

Prior to joining Kirton McConkie, Michael was a shareholder in a D.C. tax boutique where he represented a variety of exempt organizations across the country. Before that, he served as a law clerk to the Honorable Michael W. McConnell, United States Court of Appeals for the Tenth Circuit.

 

Michael advises organizations on everything from structuring complicated transactions to day-to-day compliance. He represents organizations in exemption applications, IRS audits, ruling requests, and comments to Treasury.

Education
  • Yale Law School, JD, 2002
  • Yale, MA, 2001
  • Brigham Young University, BA, 1997, summa cum laude
Experience
  • Religious organizations and integrated auxiliaries
  • Political and lobbying activities of 501(c)(3) and 501(c)(4) organizations
  • Private foundation rules, especially self-dealing, excess business holdings, and program-related investments
  • Executive compensation, section 4960, and excess benefit transactions
  • Complex multi-entity structures involving tax-exempts
  • Foreign investment reporting
  • Unrelated business tax and commerciality
  • Charitable giving of business interests and other complex assets
  • Tax treatment of intellectual property arrangements
  • District of Columbia
  • District of Columbia Court of Appeals
  • Utah
  • Co-Chair, Religious Organizations Subcommittee of the Tax Section of the American Bar Association
  • Member, Advisory Council, National Center for Philanthropy and the Law
  • Best Lawyers®: Nonprofit/Charities Law (2024-2027), Tax Law (2026-2027)
  • The Legal 500, Leading Lawyer (2012-2013)


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