Daniel McCarthy works with closely-held businesses and their owners to devise business structures to minimize income and estate tax, facilitate effective business succession plans, and protect assets. Dan focuses his practice on federal income and estate and gift taxation matters with a particular focus on pass through entities such as partnerships, limited liability companies, and Subchapter S corporations. Dan is certified by the Texas Board of Legal Specialization in both Tax Law and Estate Planning & Probate.

For entrepreneurs who have built considerable wealth over the course of their lives, succession and estate planning can be complicated issues. Dan excels in analyzing multi-faceted business matters, distilling the surrounding legal complexities into understandable concepts so his clients can take action with clear options before them. He works with high net-worth individuals to determine how they can provide for their families in a thoughtful and equitable manner, determining how to defer and eliminate income tax, minimize estate taxes, and facilitate charitable gifts in a tax efficient manner.

Dan is highly experienced at managing matters with multiple stakeholders, particularly within a family setting, with a goal of managing existing relationships and minimizing the potential for family conflict in the future. He counsels clients to take considered measures, balancing financial considerations with a view to preserve their legacy and family harmony for future generations.

Dan also works with clients on the federal income tax aspects of acquisitions and dispositions of businesses, drafting partnership and limited liability company agreements, tax deferred real estate exchanges, and equity compensation arrangements.

  • Exit Planning for Professionals. American Bar Association Real Property Trust and Estate Section Probate & Property. (January 2014)
  • ACTEC Fellow (2018)
  • 360 West Magazine, Top Attorney (2017)
  • Texas Super Lawyers, Texas Monthly (2012-2017)
  • Drafting Partnership Agreements and Employee Incentive Agreements State Bar of Texas Drafting Course (October 2017)
  • Drafting Partnership Agreements State Bar of Texas 41st Annual Estate Planning & Probate Course in Houston (June 2017)
  • Charitable Planning with Closely Held Businesses State Bar of Texas 40th Annual Estate Planning & Probate Course in San Antonio (June 24, 2016)
  • Planning to Avoid Code Section 2704 ABA Section of Real Property Trusts & Estates 28th Spring Symposia in Boston (May 13, 2016)
  • The Purchase and Sale of a Professional Practice American Bar Association Joint Fall Meeting, Boston, Massachusetts (September 2016)
  • Breaking Up is Hard to Do: Tax and Practical Implications of Unwinding Business Affairs Among Multiple Partners American Bar Association Joint Fall Meeting. Chicago, Illinois (September 2015)
  • S Corporation Tricks, Traps, and Solutions State Bar of Texas. Dallas, Texas (February 2015)
  • What an Estate Planner and Probate Attorney Needs to Know About Business Arrangements State Bar of Texas. San Antonio, Texas (June 2014)
  • Tarnish-Proof Your Plan: Avoiding the Whipsaw of Valuation Mis-matches in Entity Planning American Bar Association Real Property Trust and Estate Section. Chicago, Illinois (April 2014)
  • The Pitfalls of Using Business Interests in Charitable Planning. American Bar Association Real Property Trust and Estate Section Washington, DC (March 2013)