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John D. Gatti has more than 25 years of experience in business law and the laws of taxation.
Practice Areas
Bio
A Certified Public Accountant as well as an attorney, John concentrates his practice in the areas of taxation, mergers and acquisitions, business law, real estate law, and estate planning. He serves as the firm’s administrative partner and chairs the firm’s Taxation Practice Group.
John regularly advises business clients in a variety of areas including mergers and acquisitions, business formations, succession planning, real estate, joint ventures and general corporate matters. He has considerable experience representing professional services firms, including accounting, engineering, and architectural firms, as well as insurance agencies, in purchase and sale transactions.
He has extensive experience involving a variety of federal, state and multi-state income and franchise tax issues relating to corporate, partnership and limited liability company acquisitions, dispositions and restructurings. John advises on a wide range of tax issues including Subchapters C, K and S, consolidated returns, income tax accounting, and captive insurance companies.
John currently sits on the Board of Directors and serves as Treasurer for The Guidance Center in addition to acting as Treasurer and Trustee for the Grosse Ile Township school district.
Prior to joining the firm, John served at a nationally recognized accounting firm specializing in the tax aspects of mergers and acquisitions, and provided tax advice to clients in various industries including the automotive, transportation, publishing, food manufacturing, and health care segments.
John has been recognized by DBusiness Magazine as a “Top Lawyer” and is repeatedly listed in The Best Lawyers in America©.
Speaking Engagements
- “704(c) Allocations Contributions of Appreciated Property to Partnerships,” Michigan Association of CPAs (MICPA) 2020 Fall Tax Symposium
- “Tax and Legal Issues For Nonprofits,” Michigan Association of CPAs (MICPA)
- “Tax Implications of Exit Strategies for Corporations, Partnerships and LLCs,” Michigan Association of CPAs (MICPA)
credentials
Affiliations
- State Bar of Michigan
- American Bar Association
- Michigan Association of Certified Public Accountants (MICPA)
- Mergers & Acquisition Task Force, Chair
- Program Curriculum Task Force, Vice Chair
- American Institute of Certified Public Accountants
- Grosse Ile Township School District, Trustee/Treasurer
- The Guidance Center, Board Member/Chair
- Leadership Detroit XL
Bar and Court Admissions
- Michigan
Education
- Wayne State University Law School, J.D.
- cum laude
- Order of the Coif
- University of Michigan, B.A.
- with high honors
Insights & News
April 3, 2023
The Significance of Purchase Price Allocation
When buying or selling a business, Section 1060 of the Internal Revenue Code requires buyers and sellers to allocate the purchase price to be allocated among the assets bought or sold based on the fair market value of those assets. These purchase price allocations have significant tax consequences to both buyers and sellers. Therefore, parties should fully understand the tax ramifications prior to agreeing to any purchase price allocation.
August 18, 2022
Kerr Russell Attorneys Recognized by Best Lawyers in America© 2023 and Best Lawyers: Ones to Watch
Eighteen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2023. Notably, fourteen of the named attorneys have been listed in The Best Lawyers in America for more than five years.
December 23, 2021
Michigan Enacts SALT Cap Workaround for Pass-Through Entities
On December 20, 2021, Governor Gretchen Whitmer signed legislation (H.B. 5376) allowing owners of S corporations and partnerships (including limited liability companies taxed as partnerships) to pay their state and local taxes at the business entity level instead of individually.
August 19, 2021
Kerr Russell Attorneys Named to 2022 Best Lawyers® List
Kerr Russell is pleased to announce that 17 lawyers have been included in the 2022 Edition of The Best Lawyers in America.
November 16, 2020
22 Kerr Russell Attorneys Recognized as DBusiness 2021 Top Lawyers
A total of 22 lawyers from Kerr Russell are named as DBusiness Magazine 2021 Top Lawyers. The attorneys are selected through a peer review process. DBusiness polled more than 18,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties.
September 4, 2020
Payroll Tax Deferral
On August 8, 2020, President Trump issued a memorandum (the “Memorandum”) to defer the 6.2% employees’ portion of Social Security taxes from September 1, 2020 through December 31, 2020.
August 20, 2020
Kerr Russell Attorneys Recognized by Best Lawyers in America© 2021 and Best Lawyers: Ones to Watch
Seventeen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2021. Notably, twelve of the named attorneys have been listed in The Best Lawyers in America for more than five years.
August 13, 2020
President Trump Issues Presidential Memorandum Authorizing Payroll Tax Deferral
On August 8, 2020 President Trump issued a Presidential Memorandum on deferring payroll tax.
August 6, 2020
FAQs on PPP Loan Forgiveness: Key Takeaways
On August 4, 2020, the Small Business Administration, in consultation with the Department of Treasury, released “Frequently Asked Questions (“FAQs”) on PPP Loan Forgiveness.”
July 14, 2020
15 Lawyers From Kerr Russell Recognized as Leading Lawyers 2020
A total of 15 lawyers from Kerr Russell are named to the 2020 list of Leading Lawyers in Michigan. Only those lawyers who are most often recommended qualify for this honor.
June 1, 2020
House and Senate Pass H.R. 7010 Which Would Provide More Flexibility to PPP Borrowers
On Thursday May 28, 2020, the House passed H.R. 7010 which would provide more flexibility to borrowers under the Paycheck Protection Loan Program. On Wednesday June 3, 2020, the bill also passed in the Senate and is now making its way to President Trump’s desk for signature.
May 18, 2020
SBA Releases Loan Forgiveness Application and Instructions
On Friday, May 15, 2020, the SBA released the Paycheck Protection Program (PPP) Loan Forgiveness Application (the “Application”) and related instructions providing much needed guidance on several open issues.
May 5, 2020
IRS Announces No Deduction Allowed for Expenses Resulting in PPP Loan Forgiveness
On Thursday April 30, 2020, the IRS released Notice 2020-32, clarifying that no tax deduction is allowed for the payment of expenses resulting in loan forgiveness under the SBA Paycheck Protection Loan Program.
April 24, 2020
House Approves Replenishment of Paycheck Protection Program Loan Funding
On Thursday April 23, 2020, the House passed H.R. 266, a $484 billion relief package that would replenish funds for the SBA Paycheck Protection Program.
April 17, 2020
Small Businesses Administration Stops Accepting PPP Loan Applications
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) offered $349 billion in funds to small businesses affected by COVID-19 and the economic slowdown through its Paycheck Protection Program (“PPP”).
March 30, 2020
CARES Act Establishes SBA Paycheck Protection Program
On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) expanding the SBA 7(a) loan program (the “Paycheck Protection Program”) by allowing eligible businesses to receive forgivable loans of up to $10,000,000 for a maximum term of 2 years.
March 30, 2020
CARES Act: Summary of Key Business Tax Provisions
On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). A summary of key business tax provisions follows.
March 30, 2020
CARES Act Relief for Individual Taxpayers
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020. The CARES Act provides critically needed stimulus and relief to businesses and individuals in the wake of the COVID-19 outbreak.
March 30, 2020
Executive Order 2020-26 Extends Michigan Tax Deadline
On March 27, 2020, Governor Whitmer issued Executive Order 2020-26 extending the filing and payment deadline for 2019 State of Michigan income taxes. The order contains additional relief.
March 20, 2020
IRS ExtendsTax Filing Deadline
In an effort to offer COVID-19 relief, the IRS is providing an extension to the tax filing deadline. The new deadline is July 15, 2020. This is in addition to the extension to file and pay 2019 and estimated taxes.
March 17, 2020
Coronavirus/COVID-19 Business Continuity: A Message to Our Community, Clients and Friends
Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history.
Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people
November 15, 2019
19 Kerr Russell Attorneys Recognized as DBusiness Top Lawyers for 2020
A total of 19 lawyers from Kerr Russell are named as dBusiness Magazine 2020 Top Lawyers. The attorneys are selected through a peer review process. dBusiness polled 19,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties.
October 30, 2019
Kerr Russell Attorneys Discuss Legal Issues for Nonprofits at MICPA Event
On October 28, 2019, employment and labor attorney Mark Knoth and tax attorney John Gatti participated in a panel for the Michigan Association of CPAs (MICPA).
August 15, 2019
15 Lawyers From Kerr Russell Are Recognized In The Best Lawyers In America© 2020
A total of 15 lawyers from Kerr Russell are named to the prestigious 2020 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”
August 14, 2019
Kerr Russell Featured as "Faces of Corporate Law 2019" by DBusiness
Kerr Russell is honored to once again serve as DBusiness Magazine's "Faces of Corporate Law." Attorneys pictured: Anna Valk (real estate), John Gatti (corporate/taxation), and Katie Westfall (health care).
August 5, 2019
Kerr Russell Attorneys Present at MICPA
John D. Gatti and Cody Attisha presented on tax implications of exit strategies for corporations, partnerships and LLCs.
June 12, 2019
Kerr Russell Tax Attorney Discusses The New Federal Tax Law
Attorney John D. Gatti discusses the impact the Tax Cuts and Jobs Act (TCJA) is having on businesses. The full article, "The Buck Stops Here," in Corp! Magazine can be found HERE.
May 9, 2019
Kerr Russell Attorneys Advise Peterson in Sale to MiddleGround Capital
Kerr Russell is pleased to announce that it served as the exclusive legal adviser to Peterson American Corporation (PAC) in its sale to MiddleGround Capital (MiddleGround).
September 23, 2018
Kerr Russell sponsors, John and Kathleen Gatti attend Guidance Center 60th anniversary gala
Kerr Russell member John Gatti and his wife Kathleen Gatti helped celebrate The Guidance Center’s 60th anniversary last night at the organization’s gala, sponsored in part by Kerr Russell. John is on the Guidance Center board. He commented, “What a great event to celebrate The Guidance Center’s achievement.”
September 20, 2018
Kerr Russell recognizes our 2018 dbusiness Top Lawyers in Metro Detroit honorees
Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees - 21 attorneys, many for multiple practice areas.
September 12, 2018
Kerr Russell's John Gatti named to Leadership Detroit, Class XV
Kerr Russell member John Gatti has been named to Class XV of the Detroit Regional Chamber's Leadership Detroit program. Leadership Detroit Class XV showcases 70 leaders across Southeast Michigan representing a cross-section of the community, including business, organized labor, government, education, media, civic groups, health services and community organizations.
September 11, 2018
Sneak peek of Dbusiness Magazine Top Lawyers photo shoot with Kerr Russell
A little sneak peek of today’s DBusiness Magazine “Top Lawyers” photo shoot of Kerr Russell with the talented and gracious David Frechette. Thank you to Valerie Maness for her assistance.
August 15, 2018
15 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2019
A total of 15 lawyers from Kerr Russell have been named to the prestigious 2019 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”
August 7, 2018
Cody Attisha contributes "Choice-of-Entity in a New Business Landscape" to Corp! Magazine's July/August 2018 issue
Kerr Russell associate Cody Attisha (taxation) contributes the article "Choice-of-Entity in a New Business Landscape" to Corp! Magazine's July/August 2018 issue. Member John Gatti (taxation) collaborated with Cody on the piece.
June 9, 2018
The Guidance Center's 2018 Summer Glow a breezy success; Kerr Russell sponsors, attends
Guidance Center board member and Kerr Russell partner John Gatti attended the 2018 Summer Glow on June 8 along with his wife Kathleen Gatti and Kerr Russell Director of Marketing Roy Sexton.
March 16, 2018
IRS Offshore Voluntary Disclosure Program Coming to an End
On March 13, 2018, the IRS announced that it is ending the 2014 Offshore Voluntary Disclosure Program (OVDP) on September 28, 2018.
January 26, 2018
Download Kerr Russell's updated firm brochure and overview of services
Kerr Russell is proud of Detroit. We are proud to have had a seat at the table here since 1874. Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area. We know Michigan business like the back of our hands.
January 8, 2018
Kerr Russell supports Italian American Chamber of Commerce of Michigan
Thank you, Italian American Chamber of Commerce of Michigan, for inspiring pride throughout the Italian community and for establishing a relationship of trust and service between your members and our fellow citizens since 1919. [The ad above, designed by Nikki Horn, will appear in the IACC Grapevine newsletter throughout 2018.]
January 3, 2018
Kerr Russell highlighted in Best Lawyers - Business, Winter 2017 issue
Look for Kerr Russell attorneys and advertising (pages 92-95) in the Best Lawyers - Business, Winter 2017 issue. Earlier in 2017, a number of Kerr Russell's attorneys and practice areas were honored with U.S. News and World Report Best Lawyers recognition.
December 18, 2017
Kerr Russell team makes holiday donations to Capuchin Soup Kitchen, Wigs 4 Kids, Ronald McDonald House Charities of Ann Arbor, and Children's Hospital of Michigan
One of our traditions here at Kerr Russell is to hold a holiday raffle to benefit three local charities as well as to conduct a toy drive for local children. This year's raffle (many of the beautiful and festive prizes picture here) raised a record total of $3,450 which will be divided equally among three organizations: Capuchin Soup Kitchen, Wigs 4 Kids of Michigan, Inc., and Ronald McDonald House Charities of Ann Arbor.
November 30, 2017
Merry and bright ... Kerr Russell welcomes the holiday season
It's a time to celebrate, reflect and remember. However you mark the holidays, we hope your days are filled with warmth and thankfulness, good times, and endless cheer. As another year draws to a close, we at Kerr Russell are grateful to you. You give purpose to our work and add meaning to our relationships. Your trust is a cherished gift. Enjoy these images as we get our offices ready to celebrate the holiday season. Design by Mandy Lark of Lark Interior Design.
November 30, 2017
Kerr Russell, Boulevard Investment lunch and learn
Kerr Russell hosted Royal Oak's Boulevard Investment Banking at our Detroit office for a lunch-and-learn event on Thursday, November 30. From Boulevard's website: "Boulevard is a boutique, investment banking and private investment firm focused on working with owners, operators, and businesses active in the middle market.
November 16, 2017
Culture of Connection - new Kerr Russell ad to appear in Michigan Lawyers Weekly and dbusiness
Kerr Russell introduces the second ad in the new "Est. in Detroit 1874" series: "A culture of connection." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We are relationship focused. We know our people and our clients are the lifeblood of our firm."
November 3, 2017
Kerr Russell launches new advertising in upcoming issues of dbusiness and Crain's Detroit
With this month's issue of dbusiness, focused on Top Lawyers in Metro Detroit, Kerr Russell launches its new brand advertising with "A Track Record of Results." Working with Identity Public Relations and Marketing, Kerr Russell's marketing team developed the creative to emphasize the firm's longstanding place in Detroit's legal and business history.
November 3, 2017
Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees
Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees:
November 1, 2017
Kerr Russell ranked in the 2018 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 1 practice area and regionally in 17 practice areas
U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the "Best Law Firms" rankings.
October 29, 2017
The Guidance Center's Grape Expectations event nets $101,000 for Kids-TALK Children Advocacy Center
From Hour Detroit: On Sept. 28, The Guidance Center hosted its Grape Expectations for Kids Wine Pairing Dinner at the Colony Club Detroit. Guests enjoyed fine cuisine, a silent auction and live musical entertainment. Proceeds benefited the Kids-TALK Children Advocacy Center, a community-based program that serves children through 17 years of age, providing comprehensive services to suspected child victims of sexual abuse, physical abuse, neglect, or other forms of psychological trauma, including witness to violent crimes.
October 12, 2017
John Gatti presents at State Bar of Michigan's "Fundamentals of Taxation"
On October 12, John Gatti, member, presented "Types of Taxes & Basics of Income Taxation" as part of the State Bar of Michigan - Taxation Section's "Fundamentals of Taxation" program.
August 21, 2017
17 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2018
A total of 17 lawyers from Kerr Russell have been named to the prestigious 2018 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”
August 10, 2017
A culture of giving
If you want to know how a firm can thrive for over 140 years in a city that has faced considerable challenges, walk through the door of Kerr Russell’s suite on the 25th floor of the Detroit Center and get a feel for the people.
August 1, 2017
From Crain's Detroit: Partners acquire Linear AMS back from Moog (Kerr Russell mentioned)
From Crain's Detroit: East Aurora, N.Y.-based Moog Inc. has sold Livonia-based Linear AMS Inc. back to the subsidiary's founder and a partner after owning the additive manufacturing company for less than two years.
January 15, 2017
Kerr Russell receives consecutive awards from The M&A Advisor: John Gatti and Mike Gibson receive 2016 “Materials Deal of the Year” Award
Kerr Russell is pleased to have been recognized again by the M&A Advisor who today announced that Kerr Russell was among the winners of the 11th Annual Turnaround Awards.
November 7, 2016
Kerr Russell attorneys named 2017 Top Lawyers by dBusiness Magazine
Kerr Russell counts 11 attorneys among this year’s Top Lawyers as recognized by dBusiness magazine. The 2017 Top Lawyers were selected based on a peer review survey of 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw, and Livingston counties. Attorneys are asked to nominate lawyers among 48 legal specialties.
August 10, 2016
Kerr Russell, John D. Gatti and Michael D. Gibson named finalists by M&A Advisor for Restructuring Deal of the year Award.
Kerr, Russell, John D. Gatti and Michael D. Gibson have been named finalists for M&A Advisor's Restructuring Deal of the Year (Under $100MM) Award for their work in the 363 Sale of Quantum Technologies.
November 20, 2014
John Gatti presents "Tax Implications of Exit Strategies for Corporations, Partnerships and LLCs" to the Michigan Association of CPA's Northern Macomb County
Click here to read full PDF.
Representative Matters
Purchases and sales of automotive suppliers.
Sale of various divisions of durable medical equipment retailer.
Sale of a food manufacturing company.
Establishment of joint ventures for manufacturers.