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King, James R. Information

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King, James R.
P.O. Box 165017 Columbus, OH
Phone: 1.614.281.3928 (Business Phone)
Fax: 1.614.461.4198 (Business Fax)
Website: http://www.jonesday.com

SUMMARY

Current Employment Position(s)

Partner

Lawyer Overview

Jim's practice focuses on tax-exempt health care organizations and other nonprofit, tax-exempt organizations. Jim is chair of the health care practice's tax-exempt organization and corporate governance team, and he counsels clients on tax, transactional, regulatory, and corporate governance matters. His representative tax-exempt health care clients include Bon Secours Health System, the Cleveland Clinic, Iowa Health System, Loyola University Health System, ProMedica Health System, Sentara Health System, and Lafayette General Medical Center. Representative clients outside the health care field include the Internet Corporation for Assigned Names and Numbers (ICANN), the Mandel Supporting Foundations, the Ohio Business Roundtable, the Ohio Farm Bureau Federation, and the Robert W. Woodruff Arts Center.

Jim's representative projects include assisting health care clients with "best practices" in corporate governance, where Jim works with clients to advise boards and committees exercising board-delegated powers on appropriate conflict of interest, rebuttable presumption, joint venture, and other policies and procedures for compliance with federal tax rules and state law fiduciary duties; responding to IRS compliance check questionnaires regarding community benefit and executive compensation practices; assisting clients in state tax exemption challenges based on allegations that clients have provided an insufficient amount of community benefit; advising clients on the impact of FIN 48 requirements on tax-exempt organizations; and counseling clients regarding the expanded public disclosures required by the IRS's redesign of the Form 990, including the governance practices and policies in Part VI to the Core Form 990, disclosures regarding compensation in Schedule J, disclosures regarding financial transactions with insiders in Schedule L, and the disclosures in Schedule H, regarding charity care, community benefit, billing and collection, and community needs assessment.

Jim also has significant experience with federal tax controversies, including focused IRS audits regarding compensation, IRS "whistleblower" audits regarding alleged excess benefit transactions, IRS team examinations of hospitals and health systems, and litigation of large case federal income tax controversies. In the 2004-2005 wave of nonprofit hospital billing cases, Jim represented nine hospital systems with the tax issues involved in those cases. He also has counseled tax-exempt health care clients responding to congressional inquiries regarding tax exemption matters, including three of the 10 large health care systems that received letters from the Senate Finance Committee in 2005 regarding community benefit, charity care, joint ventures, and executive compensation.

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 has served as chair of AHLA's Charity Care Task Force and is currently a vice chair of the Tax and Finance Practice Group. During 2006, Jim served as a member of the Ohio Tax Commissioner's Advisory Council on Hospital Tax Exemption Matters, and during 2006, he served as a member of the Ohio Attorney General's Ad Hoc Advisory Council on Charitable Trust Organizations. In July 2007, Jim was appointed by the president of the Ohio State Bar Association to serve as a member of the bar association's Constitutional Review Task Force.

In addition, Jim frequently writes and speaks on matters concerning health care and nonprofit and tax-exempt organizations, including being a coauthor, along with John D. Colombo and Gerald M. Griffith, of Charity Care for Nonprofit Hospitals: A Legal and Administrative Guide, Aspen Publications 2009, a legal resource for nonprofit hospitals that brings together all important federal and state laws, provides model policies, clarifies complex reporting rules, and helps nonprofit hospitals maintain their state property tax exemption and federal income tax exemptions.

Areas of Practice

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

Representative Cases

  • Acquisition by Oldcastle
  • Acquisition of Chemetal, Inc.
  • Acquisition of Controlling Interest in Circuit Check, Inc.
  • Disposition of Westward Communications, L.P.
  • Hospital Uninsured Pricing and Collections Practices Litigation
  • Joint venture , (2009)
  • Merger of subsidiary
  • Subordinated Debt Fund
  • Team Examination Audits

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

Qualifications

Bar Admissions

  • Ohio

Education

  • Ohio State University
Articles

Published Works

  • Charity Care for Nonprofit Hospitals, A Legal and Administrative Guide, Aspen Publications, 2009
  • Form 990 Disclosure Requirements Challenge Hospitals, Provide Opportunities, The Health Lawyer, ABA Health Law Section, Vol. 21, No. 3, 2009
  • Form 990 Disclosure Requirements Challenge Hospitals, Provide Opportunities, The Health Lawyer, ABA Health Law Section, 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