Jason J. Kohout

Partner

Overview

Jason Kohout is a partner and business lawyer practicing with Foley & Lardner LLP in its Estates & Trusts Practice. He advises individuals and closely-held businesses with regard to estate planning and related issues. He focuses his practice on closely-held business planning, estate and income tax planning, and trust administration. A significant amount of his practice is related to planning complex charitable gifts, and he works for both individual donors and local and national organizations in this area.

Mr. Kohout advises individuals and families relating to all aspects of estate planning. He has experience working with high net worth individuals and families to plan and implement complex estate planning techniques. He also works with planning surrounding qualified and non-qualified retirement plans, including IRAs and 401(k)s, and other compensation items.

Mr. Kohout focuses on all aspects of owning a closely-held business, including on-going income tax planning, governance and management issues, business succession planning, estate planning, and the sale process. Mr. Kohout’s background in income tax (and state income tax issues) is helpful in juggling the many issues inherent in family ownership.

He has advised both donors and charities on how to facilitate tax-advantaged charitable contributions, including contributions of interests in operating entities and in highly appreciated assets. He has formed numerous special purpose charitable vehicles, including charitable remainder unitrusts, charitable lead trusts, private foundations, and supporting organizations.

Mr. Kohout serves on the firm’s Trust Investment Committee, which provides advice to the firm’s fiduciaries regarding investment decisions. He also works with a variety of investment managers and provides insight into clients’ non-public investments. He has also provided assistance to a number of family offices.

In addition to his work with individuals, Mr. Kohout advises a variety of tax-exempt organizations in all aspects of formation and on-going operations, including charitable fundraising. He currently assists a large membership organization with unrelated business income tax issues related to licensing activities. He advises a number of organizations regarding political and lobbying activities. Recently, he formed two organizations to operate national donor-advised funds. In all, he has organized about 100 different organizations.

Mr. Kohout has co-developed Foley's Charitable Academy, a presentation series to prepare professionals for board service and involvement with non-profits as pro bono advisors.

Aside from his estate and trusts work, Mr. Kohout’s practice includes a wide variety of corporate matters. He has experience with mergers and acquisitions, internal business reorganizations, and start-up businesses.

Recognition

In 2013 and 2014, Mr. Kohout was selected for inclusion in the Wisconsin Super Lawyers – Rising Stars® lists.

In 2015, Mr. Kohout was named a Wisconsin Law Journal “Up and Coming Attorney.”

He received the Greater Milwaukee Foundation’s 2015 Herbert J. Mueller Society Award for Outstanding Professional Adviser of the Year for his work on a $100 million gift to the new Milwaukee arena.

Community Involvement

Mr. Kohout is very involved in the community, including the following positions:

  • Secretary, Harvard Club of Wisconsin
  • Director and treasurer, CARMEN High School of Science and Technology Charter School
  • Former chair, City of Wauwatosa Community Development Authority
  • Former vice chair, Wisconsin Chapter of the Republican National Lawyers Association
  • Former board member, Young Non-profit Professionals Network—Greater Milwaukee Chapter
  • Former member, Citizens Advisory Board for Capital Improvements for City of Wauwatosa

Education

Mr. Kohout received his J.D. from Harvard Law School in 2007. While in law school, he organized the Harvard Law School’s Volunteer Income Tax Assistance Program. Mr. Kohout also won the HLS Sidney I. Roberts Award for the best paper on the subject of taxation. He graduated, magna cum laude, from Harvard College, where he was a member of Phi Beta Kappa and received a Hoopes Prize for his thesis work on Wisconsin school finance. Mr. Kohout was previously a research consultant for the Wisconsin Policy Research Institute, a Wisconsin think-tank.

Admissions

Mr. Kohout is admitted to practice in Wisconsin.

Selected Authorship & Presentations

  • Presenter, “Business Succession and Estate Planning: What Attorneys Should Know in Advising their Clients,” Continuing Legal Education Webcast for Celesq® AttorneysEd Center in partnership with West LegalEdcenter® (2015)
  • Presenter, “Charitable Giving in the Year of a Liquidity Event: A Guide for Attorneys,” Continuing Legal Education Webcast for Celesq® AttorneysEd Center in partnership with West LegalEdcenter® (2015)
  • Co-presenter, “10 Considerations for Directors of Non-Profits,” East End Charitable Academy (2014)
  • Co-presenter, “Planning for Charitable Gifts,” Mid- Winter Estate Planning Clinic (2013)
  • Co-presenter, “Business Succession Planning for Family and Closely Held Businesses," The Alternative Board (2013)
  • Co-author, “New Regulations on Type III Supporting Organizations Flesh Out Complex Requirements,” WG&L Journals - Journal of Taxation (May 5, 2013)
  • Co-presenter, “Tax-Exempts and Political Law,” Milwaukee Tax Club (July 8, 2012)
  • Co-author, “Bellco Credit Union Decision Extends Tax-exempt Royalty Treatment to Income from Insurance Sales,” Taxation of Exempts (Sept/Oct 2011 Issue)
  • Co-author, Lexis-Nexis Treatise on State and Local Tax Issues
  • Co-author, Lexis-Nexis Treatise on Employment Tax
  • Co-author, Tax Chapter, Guide to Wisconsin Nonprofit Law, Wisconsin Bar Association Deskbook
  • Contributor, Council on State Taxation (COST) updates
  • Co-author, Wisconsin State Bar Annual Review of the Law (Tax)

Insights

Tax Cuts and Jobs Act – New Compensation Tax for Non-Profit Organizations on Excess Compensation and Excess Parachute Payments
15 February 2018
Health Care Law Today
Tax Reform: Provisions Directly Affecting Tax-Exempt Organizations
30 January 2018
Legal News: Employee Benefits Insights
Tax Planning Strategy Under the New Tax Cuts and Jobs Act
22 January 2018
Legal News: Taxation
Exclusion for Qualified Small Business Stock
20 September 2016
Privacy, Cybersecurity & Technology Law Perspectives
Foley Family Office Series
17 September 2019
Milwaukee, WI
2017 NDI Executive Exchange
07 November 2017
Chicago, IL
Annual CLE Week
05 - 09 December 2016
Milwaukee, WI
2016 NDI Executive Exchange
10 November 2016
Chicago, IL