David focuses his cooperative law practice on the unique area of cooperative taxation. He has advised cooperatives on the tax benefits and burdens of operating on a cooperative basis, the nuances of being a taxable cooperative, the requirements of tax exemption under I.R.C. § 501(c)(12), and the impact of Subchapter T. He has been called to answer cooperatives’ questions concerning patronage capital credits allocation, retirement, and management; the 85% Member Income Test; patron/member relations, voting, and democratic control; Form 990 issues; international tax matters; consolidation of subsidiaries; patronage-sourced earnings and losses; and diversification. Finally, he has advised cooperatives on the scope and impact of rules promulgated by state public utility commissions and various federal regulatory bodies.

David started his career as a C.P.A. and auditor for electric and telephone cooperatives and energy-related taxable cooperatives. After attending law school, he worked as an international tax consultant at Deloitte Tax LLP until joining Autry, Hall & Cook, LLP.

David has represented various forms of cooperatives, including

• agricultural cooperatives
• broadband and internet cooperatives
• electric cooperatives (distribution, generation, transmission, and system operation)
• services and supply cooperatives
• telephone cooperatives

View David’s posts on AHC’s Cooperative Law Blog.

Publications

• Cooperative Law Blog – Cooperative Tax Briefs.
• “Top Ten Considerations of Fiber Installation Contracts,” Rural Telecom Magazine, Spring 2017.
• “Legal Corner: Co-ops Should Periodically Evaluate Their Member Equity Practices,” Rural Cooperative Magazine, USDA (Nov./Dec. 2013).
• “Effectively Managing Capital Credits,” The Cooperative Accountant, National Society of Accountants For Cooperatives (Spring 2012).
  
• “The Law of Cooperatives,” Chapter 7 – “Taxation of Cooperatives,” American Bar Association 2009.

Speaking Engagements

• “What’s New with Capital Credits and Patronage Dividends,” NTCA’s RTIME Conference, February 17, 2020.
• “A Director’s Guide to Legal Liabilities,” NTCA 2019 Fall Conference, September 23, 2019.
• “Electric Co-Ops and Tax Reform One Year Later: The Good, The Bad and The Ugly,” National Society of Accountants for Cooperatives, April 23, 2019
• “The New Tax Law and Your Co-Op,” National Cooperative Business Association, October 3-5, 2018.
• “Capital Credits and Other Board Legal Issues,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting and RTIME, Feb. 25-26, 2018.
  
• “Cooperative Tax: Patronage Determinations,” National Business Cooperative Association’s Professionals Conference, October 4, 2017.
• “Capital Credit Strategies,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
• “Handling Large Gains and Losses,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
• “Unclaimed Capital Credits and Deposits,” Georgia EMC Accounting Association, Spring 2017.
• “Cooperative Taxation, Subchapter T, and the IRS,” National Cooperative Business Association, Professionals Conference, September 2016.
• “Advanced Taxation and Cooperative Finance,” National Cooperative Business Association, Professionals Conference, September 2016.
• “Capital Credits Best Practices,” Georgia EMC Counsel Association, 2016.
• “Capital Credits: A Legal Perspective,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting, February 2016.
• “Cooperative Tax Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, 2015.
• “Cooperative Law and Tax Update,” Georgia EMC Accountants Association, Spring 2014.
• “Cooperative Taxation Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, 2013 Finance and Accounting Conference, Aug. 27, 2013.
• “Power Purchase Agreement Accounting and Taxation,” Electric Utility Consultants, Inc. Webinar, July 31, 2012.
• “Cooperative Law Update,” Georgia EMC Accountants Association, Spring 2012.
• “An Annual Update on Cooperative Taxation,” National Society of Accountants for Cooperatives, March 29, 2012.
• “Cooperative Law Update,” Georgia EMC Accountants Association, Fall 2011.
• “Electric Cooperative Capital Credits Litigation,” The 23rd Annual Georgia Electric Membership Corporation Counsel Association Annual Meeting, June 2011.
• “The Basics of Capital Credits,” Various Electric Cooperatives, 2010.
• “Capital Credits and Equity Management,” Georgia Electric Membership Corporation Accountants Association, October 21-22, 2010.