Barclay Damon
Barclay Damon

Tim 
     Muck

Tim Muck

Partner

p: 585.295.4471

f: 585.295.8434

icon_email tmuck@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Tim primarily concentrates his practice on developing thorough estate planning, tax, and business- succession strategies that 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’s clients range 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 partners 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, and selling businesses to third parties. He strives to understand the emotional, financial, and operational needs of the owner and the business before developing strategies to implement succession plans, including the formation of entities and preparing agreements with executive 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.

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 third-generation owners of a family business in negotiating and formulating a business-succession plan allowing a second-generation owner to retire.
  • 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.

Practice Areas

Education

  • University at Buffalo School of Law, J.D.
  • Canisius College, B.S.

Admitted To Practice

  • New York
  • U.S. Tax Court

Memberships & Affiliations

  • Monroe County Bar Association, Business Law Council, Former Chair
  • New York State Bar Association, Taxation and Trusts and Estates Sections
  • Estate Planning Council of Rochester

Civic Activities

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

Speaking & Publications

  • 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

Honors

  • Selected to Super Lawyers Upstate New York Rising Stars, 2013-2015 and 2017

Prior Experience

  • Lacy Katzen LLP, Partner