Ashley P. Withers
Practice Areas
Experience
- Partnerships, S Corps, & LLCs
- Qualified Opportunity Zone Representation
- State & Local Tax
- Tax Controversy & Litigation
- Tax Exempt & State Non-Profit
- Transactional Tax Planning
Biography
Ashley P. Withers focuses her practice on advising businesses and high net worth individuals on tax matters that impact their lives. Ashley brings vision and practicality to the table when advising clients on mergers and acquisitions and tax-efficient organizational structuring. Her high attention to detail balanced with her appreciation for the greater picture strengthens her effectiveness in representing clients in tax compliance and tax controversy matters.
In her tax practice, Ashley’s experience includes:
- Assisting private businesses and family offices with organizational tax planning
- Representing buyers and sellers on the tax aspects of mergers and acquisitions, including the handling of potential liabilities related to Employee Retention Tax Credits previously claimed by seller
- Advising businesses on Employee Retention Tax Credit qualifications in the context of IRS audits, private audits, and the sale of a business with potential liability for previously-claimed credits
- Working with S corporation owners to help maintain compliance with IRS requirements for continued S corporation status and corrective measures in the event of failed compliance
- Defending businesses and individuals in complex IRS audits and appeals
- Assisting religious and charitable organizations with property tax exemptions
- Advising individuals and businesses on the tax aspects of the purchase and use of private aircraft
- Advising clients on Qualified Opportunity Zone investments, including the initial formation, structuring, and ongoing compliance
- Assisting clients in determining their eligibility for qualified small business stock (section 1202) treatment
Education
B.A., summa cum laude, Stephen F. Austin State University
J.D., cum laude, Southern Methodist University Dedman School of Law
Bar Admissions
Texas
Court Admissions
United States Tax Court
Texas Supreme Court
- Successfully defended a business in an employee retention credit (ERC) tax audit with a potential $1 million+ tax liability; matter addressed complex fact issues based on the employer’s partial suspension of operations in several states over various periods of time
- Represented buyers and sellers of businesses on the tax aspects of mergers and acquisitions, including post-transaction structuring
- Advised cross-border companies and trusts on U.S. tax treatment of various types of payments and withholding obligations
- Assisted S corporation owners with various S corporation compliance matters
- Represented large cooperative corporation on significant internal reorganizations and the tax implications related to same
- Successfully defended a business owner in an IRS income tax audit involving complex business ownership structure and owner’s receipt of funds from various entities within such structure, avoiding a multi-million dollar tax liability for such business owner.
- Advised aircraft owners on depreciation matters and federal excise taxes applicable to aircraft
- Best Lawyers: Ones to Watch (Woodward/White Inc.), Tax Law, 2023-2024
- Texas Rising Star, Super Lawyers by Thomson Reuters, 2023-2024
- Lawdragon 500 X – The Next Generation, Tax, 2024
- Best Lawyers Under 40, D Magazine, 2023
- Distinguished Alumna, SMU Dedman Women In Law, 2021
- Outstanding Director Award, Dallas Association of Young Lawyers (DAYL), 2018
- W. Frank Newton Service Award, Texas Tech University School of Law, 2012-2013
Publications
- “Employee Retention Credit Worries?: IRS Voluntary Disclosure Program Reopened through November 22” (September 2024)
- “What the IRS is Saying Lately about the Employee Retention Tax Credit” (August 2023)
- “Planning for 2023 and Beyond – Tax Changes in the Inflation Reduction Act of 2022” (August 2022)
- “IRS Extends Federal Tax Deadlines for Texas Due to Winter Storms” (February 2021)
- “Tax Planning for a Biden Presidency” (January 2021)
- “Payroll Tax Relief and Latest Developments in Retirement Plans and Benefits” (August 2020)
- “The CARES Act: Tax Relief and Incentives” (March 2020)
- “IRS Extends Tax Filing and Payment Deadline” (March 2020)
- “Why Lawyers and Firms Should Actively Manage Their Online Presence” (July 2017)
- “Top 10 Free and Low-Cost Legal Research Resources,” Dallas Association of Young Lawyers (February 2017)
Speaking Engagements
- Speaker, “Employee Retention Tax Credit Enforcement Update,” Dallas Bar Association Tax Section (August 2024)
- Speaker, “Tax Considerations Behind Structuring a Deal,” TexasBarCLE’s 14th Annual Essentials of Business Law Course (March 2023)
- Speaker, “Tax & Real Estate – The Inflation Reduction Act & More,” Houston Real Estate Lawyers Council (HRELC) (October 2022)
- Speaker, “Partnership/S-Corp/C-Corp/Trust Update,” TXCPA Summit 2022 (August 2022)
- Moderator, “Land the Job You Want,” Dallas Association of Young Lawyers and SMU Dedman School of Law (2021)
- Panelist, “What to Expect When You’re Expecting…Bar Results,” Dallas Association of Young Lawyers (2018, 2019)
- Panelist, “Thoughts from Hiring Decision-Makers,” Dallas Association of Young Lawyers (2018)
- Panelist, “Straight Talk on Legal Employment,” Dallas Association of Young Lawyers (2018)
- Panelist, “Women’s Guide to Building and Protecting Their Wealth,” Presented by the Dallas Women Lawyers Association, Moms-In-Law, and the Dallas Association of Young Lawyers (2019)
- Moderator, “A Day in the Life of an Attorney,” Dallas Association of Young Lawyers, UNT Dallas College of Law (2017)
- “How to Ethically Maximize and Monetize Your Online Presence,” Dallas Association of Young Lawyers CLE Program (2017)
Jackson Walker Fast Takes
- “How the Inflation Reduction Act Changes Tax and Healthcare Laws” (August 2022)
- “How the Proposed $2.1 Trillion Tax Hikes Could Impact U.S. Businesses and Taxpayers” (September 2021)
- “Federal Tax Filing Extended to July 15th, But Of Course, It’s Not That Simple” (April 2020)
- “CARES Act: Tax Relief and Incentives for Businesses and Employers” (April 2020)
- “CARES Act: Tax Relief and Incentives for Individuals” (April 2020)
- Dallas Bar Association Tax Section, Council Member
- Dallas Association of Young Lawyers (DAYL) Foundation, Life Fellow
- Dallas Association of Young Lawyers (DAYL)
- Board of Directors, 2017-2021
- Law Student Assistance Committee, Co-Chair, 2015-2016; Board Liaison, 2017-2021
- Moms in Law, Member, 2018-Present
- DAYL/Dallas Women Lawyers Association (DWLA), Mentoring Circles, 2017-2018
- Junior League of Dallas, Member, 2015-2016
- Texas Tech University of Law Traveling Moot Court Team, Coach, 2011-2014
September 5, 2024
Insights
Employee Retention Credit Worries?: IRS Voluntary Disclosure Program Reopened through November 22
By Ashley P. Withers
The IRS is offering a second chance for employers to give back funds received from improper Employee Retention Credit (“ERC”) claims. What’s more is that the IRS is offering a 15% discount on the amount to be returned, plus a full waiver of civil penalties and interest and no pursuit of an ERC audit.
August 23, 2024
Newsletters
JW Diversity & Inclusion Newsletter – August 2024
View Jackson Walker’s August 2024 Diversity & Inclusion Newsletter, Perspectives.
August 15, 2024
Attorney News
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
June 28, 2024
Attorney News
Seven Jackson Walker Attorneys Named to Lawdragon’s List of 500 Next-Generation Lawyers
Jackson Walker is pleased to announce the selection of Edwin Buffmire, Art Cavazos, Amanda Crouch, Brian Oates, Manny Schoenhuber, Bethany Pickett Shah, and Ashley Withers to the “Lawdragon 500 X – The Next Generation” list for 2024.
April 15, 2024
Newsletters
JW Diversity & Inclusion Newsletter – April 2024
View Jackson Walker’s April 2024 Diversity & Inclusion Newsletter, Perspectives.
March 21, 2024
Attorney News
Jackson Walker Congratulates 2024 Texas Rising Stars
Each year, Super Lawyers recognizes only 5% of Texas attorneys who either are 40 years of age or younger or have been in practice for 10 years or less as “Rising Stars.”
August 17, 2023
Attorney News
‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”
The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.
August 10, 2023
Insights
What the IRS is Saying Lately about the Employee Retention Tax Credit
By Aaron P. Pinegar and Ashley P. Withers
The employee retention tax credit (“ERTC”) has garnered a lot of “buzz” lately – both from the IRS and businesses who have either received the credit or are seeking the credit. The buzz is well deserved, as the IRS has recently published several items of new guidance revealing what businesses should expect when claiming the ERTC.
April 24, 2023
Newsletters
JW Diversity & Inclusion Newsletter – April 2023
View Jackson Walker’s April 2023 Diversity & Inclusion Newsletter, Perspectives.
March 23, 2023
Attorney News
Jackson Walker Congratulates Its 2023 Texas Rising Stars
Jackson Walker is pleased to announce the selection of 63 attorneys to Thomson Reuters’ 2023 “Super Lawyers – Rising Stars” list, which recognizes only 5% of Texas attorneys who either are 40 years of age or younger or have been in practice for 10 years or less.
Practice Experience
- Successfully defended a business in an employee retention credit (ERC) tax audit with a potential $1 million+ tax liability; matter addressed complex fact issues based on the employer’s partial suspension of operations in several states over various periods of time
- Represented buyers and sellers of businesses on the tax aspects of mergers and acquisitions, including post-transaction structuring
- Advised cross-border companies and trusts on U.S. tax treatment of various types of payments and withholding obligations
- Assisted S corporation owners with various S corporation compliance matters
- Represented large cooperative corporation on significant internal reorganizations and the tax implications related to same
- Successfully defended a business owner in an IRS income tax audit involving complex business ownership structure and owner’s receipt of funds from various entities within such structure, avoiding a multi-million dollar tax liability for such business owner.
- Advised aircraft owners on depreciation matters and federal excise taxes applicable to aircraft
Recognition & Accolades
- Best Lawyers: Ones to Watch (Woodward/White Inc.), Tax Law, 2023-2024
- Texas Rising Star, Super Lawyers by Thomson Reuters, 2023-2024
- Lawdragon 500 X – The Next Generation, Tax, 2024
- Best Lawyers Under 40, D Magazine, 2023
- Distinguished Alumna, SMU Dedman Women In Law, 2021
- Outstanding Director Award, Dallas Association of Young Lawyers (DAYL), 2018
- W. Frank Newton Service Award, Texas Tech University School of Law, 2012-2013
Publications & Speeches
Publications
- “Employee Retention Credit Worries?: IRS Voluntary Disclosure Program Reopened through November 22” (September 2024)
- “What the IRS is Saying Lately about the Employee Retention Tax Credit” (August 2023)
- “Planning for 2023 and Beyond – Tax Changes in the Inflation Reduction Act of 2022” (August 2022)
- “IRS Extends Federal Tax Deadlines for Texas Due to Winter Storms” (February 2021)
- “Tax Planning for a Biden Presidency” (January 2021)
- “Payroll Tax Relief and Latest Developments in Retirement Plans and Benefits” (August 2020)
- “The CARES Act: Tax Relief and Incentives” (March 2020)
- “IRS Extends Tax Filing and Payment Deadline” (March 2020)
- “Why Lawyers and Firms Should Actively Manage Their Online Presence” (July 2017)
- “Top 10 Free and Low-Cost Legal Research Resources,” Dallas Association of Young Lawyers (February 2017)
Speaking Engagements
- Speaker, “Employee Retention Tax Credit Enforcement Update,” Dallas Bar Association Tax Section (August 2024)
- Speaker, “Tax Considerations Behind Structuring a Deal,” TexasBarCLE’s 14th Annual Essentials of Business Law Course (March 2023)
- Speaker, “Tax & Real Estate – The Inflation Reduction Act & More,” Houston Real Estate Lawyers Council (HRELC) (October 2022)
- Speaker, “Partnership/S-Corp/C-Corp/Trust Update,” TXCPA Summit 2022 (August 2022)
- Moderator, “Land the Job You Want,” Dallas Association of Young Lawyers and SMU Dedman School of Law (2021)
- Panelist, “What to Expect When You’re Expecting…Bar Results,” Dallas Association of Young Lawyers (2018, 2019)
- Panelist, “Thoughts from Hiring Decision-Makers,” Dallas Association of Young Lawyers (2018)
- Panelist, “Straight Talk on Legal Employment,” Dallas Association of Young Lawyers (2018)
- Panelist, “Women’s Guide to Building and Protecting Their Wealth,” Presented by the Dallas Women Lawyers Association, Moms-In-Law, and the Dallas Association of Young Lawyers (2019)
- Moderator, “A Day in the Life of an Attorney,” Dallas Association of Young Lawyers, UNT Dallas College of Law (2017)
- “How to Ethically Maximize and Monetize Your Online Presence,” Dallas Association of Young Lawyers CLE Program (2017)
Jackson Walker Fast Takes
- “How the Inflation Reduction Act Changes Tax and Healthcare Laws” (August 2022)
- “How the Proposed $2.1 Trillion Tax Hikes Could Impact U.S. Businesses and Taxpayers” (September 2021)
- “Federal Tax Filing Extended to July 15th, But Of Course, It’s Not That Simple” (April 2020)
- “CARES Act: Tax Relief and Incentives for Businesses and Employers” (April 2020)
- “CARES Act: Tax Relief and Incentives for Individuals” (April 2020)
Community Involvement
- Dallas Bar Association Tax Section, Council Member
- Dallas Association of Young Lawyers (DAYL) Foundation, Life Fellow
- Dallas Association of Young Lawyers (DAYL)
- Board of Directors, 2017-2021
- Law Student Assistance Committee, Co-Chair, 2015-2016; Board Liaison, 2017-2021
- Moms in Law, Member, 2018-Present
- DAYL/Dallas Women Lawyers Association (DWLA), Mentoring Circles, 2017-2018
- Junior League of Dallas, Member, 2015-2016
- Texas Tech University of Law Traveling Moot Court Team, Coach, 2011-2014