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Stuart H. Clements

Partner

Heritage Plaza
1111 Bagby Street
Suite 2100
Houston, TX 77002
stuart.clements@nelsonmullins.com

Stuart focuses his practice on federal income and estate tax planning, consulting, and controversy matters. He has experience providing tax and business services, including formation and restructuring, trust formation and administration, and estate and family succession planning and administration.

Stuart has worked with business owners, corporate officers, and other advisors in structuring and implementing business transactions,...

Stuart focuses his practice on federal income and estate tax planning, consulting, and controversy matters. He has experience providing tax and business services, including formation and restructuring, trust formation and administration, and estate and family succession planning and administration.

Stuart has worked with business owners, corporate officers, and other advisors in structuring and implementing business transactions, including acquisitions and dispositions, reorganizations, and corporate financing arrangements, providing efficient solutions to tax and business issues across a variety of industries. Additionally, he advises clients in the formation, structuring, tax requirements, and wind-down procedures relating to the use of captive insurance companies.

Stuart also has experience resolving taxpayer issues at the administrative level for taxpayers in IRS examination or collection status, including negotiating pre-assessment modifications, installment agreements, offers in compromise, and requests for collection due process relief. In addition, Stuart has extensive experience managing civil tax litigation matters, including proceedings before the United States Tax Court and United States District Court.

including acquisitions and dispositions, reorganizations, and corporate financing arrangements, providing efficient solutions to tax and business issues across a variety of industries. Additionally, he advises clients in the formation, structuring, tax requirements, and wind-down procedures relating to the use of captive insurance companies.

Stuart also has experience resolving taxpayer issues at the administrative level for taxpayers in IRS examination or collection status, including negotiating pre-assessment modifications, installment agreements, offers in compromise, and requests for collection due process relief. In addition, Stuart has extensive experience managing civil tax litigation matters, including proceedings before the United States Tax Court and United States District Court.

Stuart focuses his practice on federal income and estate tax planning, consulting, and controversy matters. He has experience providing tax and business services, including formation and restructuring, trust formation and administration, and estate and family succession planning and administration.

Stuart has worked with business owners, corporate officers, and other advisors in structuring and implementing business transactions,... including acquisitions and dispositions, reorganizations, and corporate financing arrangements, providing efficient solutions to tax and business issues across a variety of industries. Additionally, he advises clients in the formation, structuring, tax requirements, and wind-down procedures relating to the use of captive insurance companies.

Stuart also has experience resolving taxpayer issues at the administrative level for taxpayers in IRS examination or collection status, including negotiating pre-assessment modifications, installment agreements, offers in compromise, and requests for collection due process relief. In addition, Stuart has extensive experience managing civil tax litigation matters, including proceedings before the United States Tax Court and United States District Court.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Represented high net-worth business owners in trust planning and formation, family partnership formation, and gift-sale transactions.
  • Assisted clients in the formation and efficient structuring of multiple captive insurance companies, including strategic ownership initiatives involving trusts, and risk distribution analysis for federal income tax purposes.
  • Assisted captive insurance company owners in wind-down and liquidation strategic planning and implementation.
  • Advised business owners in Section 1202 qualified small business stock issues, including S corporation to C corporation conversion for exclusion eligibility, and gifting strategies for ownership diversity.
  • Assisted in the acquisition of privately held business interests, including purchase and sale agreements, tax structuring, security and loan documentation, and deferred compensation plan amendments.
  • Assisted in the design and implementation of business succession and estate planning of second-generation business owners with multiple retail branches across the southwestern United States.
  • Designed and implemented business and trust formation for high-net worth individual seeking to provide assistance to special needs relative, while maintaining anonymity, tax efficiency, and limited liability.
  • Assisted with the valuation of multi-million-dollar business interest in advance of majority takeover.
  • Prepared C corporation to S corporation conversion for closely held real property investment corporation, which included analyzing relevant law, preparing documentation, implementing tax year conversion, and advising the client on transaction steps.
  • Advised clients in structuring and implementing complex Section 1031 like kind exchange transactions.
  • Performed complex executive compensation analysis as part of a compensation reconstruction proposal for a major oil refinery.
  • Assisted clients with federal and state tax controversy matters, including examinations and appeals.

Publications

Speaking Engagements

  • Successful Succession Planning, 6th Annual San Antonio Tax and International Business Planning Seminar, Nov. 8, 2023.
  • Taxing Times in the Crypto World - What You Need to Know, 46th Annual Houston Tax and Business Planning Seminar, Nov. 1, 2023.
  • Tax-Free Too Good to be Trust?  Not Necessarily: Gain Exclusion Strategies using Section 1202, Tax Forum Series, Houston, July 11, 2023.
  • Monetizing Carbon Capture Initiatives with Section 45Q Tax Credits, Brownsville Tax and International Business Planning Seminar, May 25, 2023.
  • Strategic Risk Management Using Captive Insurance Companies, 45th Annual Houston Tax and Business Planning Seminar, Oct. 27, 2022.
 
 

Education

  • New York University School of Law, LLM, Taxation (2014)
  • University of South Carolina Joseph F. Rice School of Law, JD, cum laude (2013)
    • Editor-in-chief, ABA Real Property, Trust & Estate Law Journal (2012-2013)
    • Albert C. Todd III Estate Planning Award (2013)
    • Best Brief, Kate Bockman Memorial 2L Moot Court Competition (2011)
  • University of Houston, BA, Philosophy (2004)

Admissions

  • Texas
  • U.S. Tax Court
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas

Practice Areas

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Rising Star, Texas Super Lawyers (2022-2023)
  • Best Lawyers in America "Ones to Watch" (2022-2024)
  • American Bar Association, Tax Section
  • State Bar of Texas, Tax Section, Young Lawyers Committee Chair
  • State Bar of Texas, Tax Section, U.S. Tax Court Pro Bono Program
  • Houston and San Antonio Bar Associations
  • Fellow, Texas Bar Foundation