Kirk A. Pinkerton

Kirk Pinkerton focuses his practice in corporate, health care, and tax law. Since 1975 he has represented businesses, health care entities and high net worth individuals with sophisticated business, tax and estate planning needs.

Mr. Pinkerton has substantial experience in both federal and state tax matters, corporate law, health care law, employee benefits and business litigation. He has implemented stock and asset sales, acquisitions and mergers of client businesses.

Mr. Pinkerton represents health care clients in matters concerning Stark, anti-kickback laws and other compliance issue, including whistleblower actions. He also represents them in transactions, investigations and taxation matters. As examples, he has:

  • Structured and negotiated the sale of a pediatric specialty practice to a prestigious university hospital
  • Obtained an Internal Revenue Service Private Letter Ruling for a local hospital foundation involving tax reorganization of a for-profit subsidiary to avoid unrelated business taxable income
  • Provided special tax counsel to a local hospital foundation on a variety of tax and exempt organization-related issues
  • Negotiated successful settlements of False Claim Act investigations with the Office of Inspector General on behalf of physician medical groups; implemented and monitored corporate integrity agreements
  • Implemented the sale of a healthcare network
  • Assisted clients in connection with investments in ambulatory surgery centers and specialty hospitals
  • Advised clients on physician recruitment and medical directorship agreements.

Representative Matters

As a business litigator, Mr. Pinkerton has several reported cases, including:

  • Given v. Cappas, (Ind. Ct. App. 1985), 486 N.E. 2nd 583McGlothen v. Heritage Environmental Services, (Ind. Ct. App. 1999), 705 N.E. 2nd 1069
  • Verkuilen v. South Shore Building and Mortgage Company, (CA7, 1997), 122 F.3rd 410, 38 Fed R. Serv. 3rd 392, 21 Employee Benefit Cases 2855
  • Poteete v. Capital Engineering Company, Inc. Profit Sharing Plan, (CA 7, 1999), 185 F.3rd 804

Presentations

Mr. Pinkerton is a frequent speaker throughout the country on many topics, including entity selection, retirement planning, federal and state taxation and IRS appeals and proceedings. His presentations include:

  • “Taxation Issues in Entity Selection, SCorp or LLC,” National Business Institute, Merrillville, Indiana, June 2012.
  • “706/IH-6 Comparison / Lawyer and Accountant Communication,” Hinshaw Breakfast Briefing for Accountants, Schererville, Indiana, October 2011.
  • “Retirement Planning,” Hinshaw Breakfast Briefing for Accountants, Schererville, Illinois, October 2009.

Professional Background

Mr. Pinkerton joined O’Neill McFadden & Willett, LLP in December 2017. Previously, Mr. Pinkerton practiced with Hinshaw & Culbertson LLP from April 2009 to December 2017. Prior to Hinshaw, he was the President, Managing Director and name partner of Pinkerton and Friedman, P.C., a Munster, Indiana, law firm where he practiced since 1976.

He is a candidate for a Master’s Degree in Liberal Arts from the University of Chicago.

Honors & Awards

Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability

Hinshaw Publications

  • Estate Planning Newsletter – December 2016
    December 19, 2016
  • Estate Planning Newsletter – December 2015
    December 15, 2015
  • Estate Planning Newsletter – December 2014
    December 2, 2014
  • Estate Planning Newsletter – December 2013
    December 11, 2013
  • Estate Planning Newsletter – November 2012
    November 27, 2012
  • Estate Planning Newsletter – December 2011
    December 13, 2011
  • Medical Litigation Newsletter – December 2010
    December 21, 2010
  • Estate Planning Newsletter – December 2010
    December 10, 2010

Community/Civic Activities

  • Planned Parenthood Affiliates, Inc., President (1998)
  • Planned Parenthood of Northwest/Northeast Indiana, Inc., Member (1990-1998) Planned Parenthood of Northwest/Northeast
  • Indiana, Inc., President (1994-1998) Planned Parenthood of Northwest/Northeast Indiana, Inc., Vice President (1993) Indiana
  • University Department of Religious Studies Alumni Advisory Board, Member (1991-1993)
  • Indiana University School of Law Capital Campaign (1996)
  • Rotary Club of Hammond, Indiana
  • Rotary Club of Hammond, Indiana, Member (1990-1993)
  • Rotary Club of Hammond, Indiana, Director (1991)
  • Calumet Goodwill Industries, Inc., President (1986-1987)
  • Calumet Goodwill Industries, Inc., Vice President (1985)
  • Calumet Goodwill Industries, Inc., Treasurer (1984)
  • American Cancer Society, Fund Drive Chairman (1979)

Education

  • Indiana University – BA in Political Science and Honors Degree in Religious Studies (1972)
  • Indiana University School of Law – Bloomington – Juris Doctor (1975)

Bar Admissions

  • Indiana
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. District Court for the Northern District of Indiana
    • U.S. Tax Court

Courts

  • Indiana Supreme Court – 2011
  • U.S. District Court, Northern District of Indiana – 2011
  • U.S. Bankruptcy Court, Northern District of Indiana – 2011

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