Anthony F. Vitiello

Anthony Vitiello’s practice is dedicated to sophisticated tax planning for individuals, businesses, estates and trusts. As Chair of the firm’s Taxation and Estate Planning Practice Group, he places a particular emphasis on tax-driven estate planning and asset protection planning. Tony uses a personalized and innovative approach in planning estates from $15 million to more than $1 billion, and in his counsel on significant tax issues for family foundations, closely held corporations, partnerships and limited liability companies. He also maintains a significant practice in gift, estate and income tax audits and controversies.

Tony has been recognized by several well-respected publications for his accomplishments in the areas of trusts and estates, trust and estates litigation, and tax litigation and controversy.

A thought leader in estate planning and related tax matters, Tony lectures extensively and frequently publishes in legal and business journals. 

Tony began his legal career with the United States Treasury, providing counsel to the Internal Revenue Service (IRS). During this time, he represented the IRS in the United States Tax Court, handling complex tax controversies including estate tax litigation matters and personal income tax cases. Tony received both his J.D. and LL.M. in taxation from New York University (degree programs ranked sixth and first in the nation, respectively).

Representative Experience:
Results may vary depending on your particular facts and legal circumstances.

• Provided advice relating to — and implemented — estate plans for clients with estates and trusts ranging in value from $15 million to more than $1 billion, saving many clients millions of dollars, and even hundreds of millions of dollars in some cases, in estate and gift taxes
• Transferred closely held businesses to younger generations at significantly discounted values (in a wide range of industries, including car dealership conglomerates, supermarket franchisees, large construction firms, real estate development and management companies, pharmaceutical-based businesses, warehousing and many other industries)
• Provided significant asset protection advice to clients with creditor sensitivity, ranging from professionals with the potential for future creditor risk, to multinational families (and their trusts) seeking to ensure the insulation of vast multi-generational fortunes from a host of potential risks
• Successfully defended against numerous audits and civil tax prosecutions, including: settled a tax litigation where the Internal Revenue Service asserted in excess of $20 million in gift tax liability, penalties and interest for less than $300,000; negotiated a settlement with the California taxing authority involving more than $5 million in state income tax, penalties and interest for $200,000; and settled numerous gift and estate tax audits for pennies on the initial proposed IRS assessments
• Serves as a trustee and executor for high net worth clients in many circumstances
• Advised multinational estate planning clients on various aspects of estate, income and gift taxation, implemented estate plans for individuals with international estate planning issues, and created structures for the avoidance of U.S. estate tax consequences for non-resident aliens with U.S. estate tax issues
• Negotiated a settlement with the Internal Revenue Service that allowed a taxpayer charged with a civil tax fraud deficiency in excess of $600,000 to pay 15 cents on the dollar
• Successfully settled numerous family partnership/LLC gift and estate tax audits for substantial discounts
• Designed multiple private and third-party insurance premium financing transactions ranging from $10 million to over $200 million in insurance death benefit
• Developed and implemented various off-shore asset protection trusts using Bahamian, Cook Islands and Swiss structuring components
• Successfully leveraged tens of millions of dollars of real estate value out of a senior generation’s estate into dynasty trusts for multi-generational wealth transfer
• Represented and advised hundreds of executors and families in the administration of decedents’ estates, including those with multi-state and multi-national issues; unique, varied and substantial assets; and complex tax and non-tax issues
• Counseled numerous families, executors and trustees in disputes over inheritances and other beneficial interests, as well as assisted clients in litigation over such disputes
• Provided advice concerning and implemented various charitable giving techniques for clients’ estate plans, including significant family foundations ranging in initial funding from $1 million to tens of millions of dollars

Community and Professional Affiliations

• American Bar Association
• New Jersey State Bar Association
• New York State Bar Association
• United States Tax Court
• Early Settlement Panel, Essex County Superior Court, Probate Part (Voluntary mediation program created to settle litigated probate matters at an early stage of litigation) (2007-present)
• Treasurer and Board Member, New Jersey Lawyer Newspaper (2002-2006)
• Adjunct Professor in Estate Planning, Fairleigh Dickinson University (1998-2003)
• Guest Clinical Speaker, Rutgers Law School Tax Clinic (1996-2001)

NJBIZ 2025 Leaders in Law Award Honoree

• Financial: Bankruptcy, Tax, Trust-Estate, Wealth Management

Best Lawyers in America (2011-2025)

• Trust and Estates
• Trust and Estates - Litigation
• Litigation and Controversy - Tax

New Jersey Super Lawyers (2005-2006, 2008-2024)

_{Please see Honor and Award Methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.}