Attorneys  

David E. Colmenero

Mr. Colmenero has extensive experience in litigation and practices primarily in the State Tax Controversy and Litigation and State Tax Planning areas. He represents individuals, closely held businesses, and large corporations in all forums for Texas tax litigation, including the State Office of Administrative Hearings, District Court, the Court of Appeals and the Texas Supreme Court.  He has also represented clients in Federal Tax Litigation and Wealth Transfer Tax Litigation. He has also represented clients in IRS audits, appeals, and litigation in the United States Tax Court, Federal District Courts and the United States Court of Federal Claims, U.S. Courts of Appeals and the United States Supreme Court.  

Mr. Colmenero was previously a tax auditor for the State of Texas and, as a lawyer, has successfully represented taxpayers in contested proceedings involving sales and use tax, franchise tax, motor fuels tax, motor vehicle tax, mixed beverage taxes, employment tax and others. Mr. Colmenero has expertise in representing taxpayers through contested Texas tax proceedings including audits, Independent Audit Review Conferences, administrative proceedings before the State Office of Administrative Hearings and in State court litigation. Mr. Colmenero has also been extensively involved in challenging various aspects of Texas Comptroller franchise tax assessments and refund denials and in planning business structures and business transactions to mitigate exposure to the revised franchise tax.

Through the course of his federal tax practice, Mr. Colmenero has represented taxpayers in complex and contentious federal tax matters through various stages of examination, appeals and litigation, some of which have involved high profile taxpayers and high profile legal issues. Representative matters include constructive dividends disputes, accumulated earnings tax assessments, hobby loss, passive activity loss and Section 465 challenges by the IRS to loss deductions, digital currency characterization issues, employment tax disputes involving worker classification, penalty assessments, assignment of income claims by the IRS, statute of limitations disputes, trust fund assessments, partnership adjustment disputes, refund claims and voluntary disclosures to name a few. Mr. Colmenero also has expertise in representing taxpayers and partnerships in proceedings falling under the “TEFRA” provisions of the Internal Revenue Code. He has, in addition, advised taxpayers regarding the federal tax consequences in divorce proceedings, litigation between private parties and significant business transactions.

Mr. Colmenero is a Certified Public Accountant and maintains active involvement in various professional legal and accounting organizations. He previously served as Chair of the Tax Section of the State Bar of Texas. He serves on the Board of Directors for the Texas Society of CPAs, is current chair of the Comments Subcommittee for the Federal Tax Policy Committee of the Texas Society of CPAs, and is a member of the Texas Comptroller's Taxpayer Advisory Group. He is a past chair of the Dallas CPA Society and past chair of both the State and Local Tax Committee and the Tax Controversy Committee of the Tax Section of the State Bar of Texas. He helped form the Leadership Academy for the Tax Section of the State Bar of Texas and served as its Program Director for several years.  He frequently speaks on substantive and procedural tax issues involving both federal and state tax matters.

Mr. Colmenero was admitted to practice in Texas in 1997.


Education

  • LL.M. in Taxation, Southern Methodist University Dedman School of Law, 2006
  • J.D., Texas Tech School of Law, summa cum laude, 1997
    • Order of the Coif
    • Managing Editor, Texas Tech Law Review (1996-1997)
  • B.A., Midwestern State University, 1992

Bar Admissions

  • State Bar of Texas

Professional Associations and Memberships

  • State Bar of Texas, Tax Section
    • Chair, 2016-2017
    • Chair Elect, 2015-2016
    • Secretary, 2014-2015
    • Treasurer, 2013-2014
    • Council Member
    • Leadership Academy Program Director, 2012-2015
    • Past Chair, Tax Controversy Committee 
    • Past Chair, Committee on State and Local Taxation
  • Dallas Bar Association
  • Member, Texas Comptroller Taxpayer Advisory Group, 2016-2017
  • American Institute of Certified Public Accountants
  • Texas Society of Certified Public Accountants
    • Member, Board of Directors, 2015-2017
    • Member, Executive Board of Directors, 2014-2015
    • Member, State Tax Committee
    • Member, Federal Tax Policy Committee
    • Member, Texas CPA Tax Institute Committee 
    • Member, Texas State Taxation Conference Committee
  • Dallas CPA Society
    • Member, Convergence Planning Committee, 2018
    • Chair, Dallas CPA Society, June 2011
    • Chair Elect, Dallas CPA Society, June 2010
    • Past Chair, Nominations Committee, 2012
    • Past Member, Board of Directors

Honors and Awards

  • Texas Super Lawyers-Tax as listed in Texas Supers Lawyer Magazine and Texas Monthly, 2012, 2014, 2015 and 2016
  • Texas Rising Star, Texas Monthly and Law and Politics Magazine, 2005 through 2009
  • Best Lawyer Under 40, D Magazine, 2006
  • The Chairman's Citation, TSCPA Annual Meeting, June 2008—for extraordinary volunteer service and contribution to the cooperation between the legal and accounting profession through his efforts with the TSCPA State Tax Committee, State Bar of Texas State Tax Committee and the Texas Comptroller of Public Accounts on the response to the Texas Comptroller's rules implementing the new margin tax.

2018 Speaking Engagements

  • AXA Advisors Seminar, Plano – 2/20/18
  • Lorman Education Services Webinar – 4/30/18

2017 Speaking Engagements

  • AXA Advisors Seminar – 2/15/17
  • East Texas Chapter/TSCPA Spring CE Expo, Tyler – 5/1/17
  • Texas Association of CPAs - Dallas CPE Meeting – 5/4/17
  • North Texas Chapter of the American Academy of Attorney-CPAs – 5/24/17
  • Wichita Falls Chapter/TSCPA CPE, Wichita Falls – 5/25/17
  • AXA Advisors Seminar, Dallas – 7/26/17
  • TSCPA Texas State Taxation Virtual/Webcast Conference, Dallas – 8/7/17
  • Metroplex Practice Management Group (MPMG), Dallas – 8/22/17
  • Panhandle Chapter/TSCPA Tax Institute, Amarillo – 8/23/17
  • TSCPA CPE Value Conference, Lubbock – 10/23/17
  • 19th Annual Meadows Collier Taxation Conference, Dallas – 10/24/17
  • Federal, Estate and State Tax Developments Seminar sponsored by First Bank and Trust, Lufkin – 11/7/17
  • TSCPA Tax Institute, San Antonio – 11/16/17
  • TSCPA Tax Institute, Dallas – 11/17/17

2016 Speaking Engagements

  • Beaird Harris & Co., P.C – 2/26/16
  • East Texas Chapter/TSCPA CPE Expo, Tyler – 5/23/16
  • Dallas CPA Society Convergence 2016 – 5/27/16
  • AXA Advisors Seminar – 8/17/16
  • Southern & Western Accounting Group, Inc. – 10/22/16
  • 18th Annual Meadows Collier Taxation Conference, Dallas – 10/25/16
  • 63rd Annual Texas CPA Tax Institute sponsored by TSCPA CPE Foundation, Inc., San Antonio – 11/14/16 and Addison 11/15/16
  • 2016 TSCPA CPE Expo, Houston – 12/2/16
  • 2016 TSCPA CPE Expo, Arlington – 12/5 – 12/6/16

2015 Speaking Engagements

  • South Plains Chapter/TSCPA, Lubbock – 1/20/15
  • Whitley Penn Annual Tax Retreat, Dallas – 1/21/15
  • Convergence 2015 sponsored by the Dallas CPA Society – 5/8/15
  • Central Texas Chapter/TSCPA CPE Expo, Waco – 5/19/15
  • Fort Worth Chapter/TSCPA – 8/19/15
  • 2015 Texas Margin Tax Conference sponsored by The University of Texas School of Law – 9/25/15
  • 17th Annual Meadows Collier Taxation Conference, Dallas – 11/3/15
  • The 62nd Annual Texas CPA Tax Institute sponsored by the TSCPA CPE Foundation, Inc., Richardson – 11/19/15
  • The 62nd Annual Texas CPA Tax Institute sponsored by the TSCPA CPE Foundation, Inc., San Antonio – 11/20/15
  • 2015 TSCPA CPE Expo, Arlington – 12/2/15
  • 2015 TSCPA CPE Expo, San Antonio – 12/7/15
  • 2015 TSCPA CPE Expo, Houston – 12/10/15

2014 Speaking Engagements

  • Midland-Odessa Business and Estate Council, Midland – 1/14/14
  • CliftonLarsonAllen In-House Seminar, Dallas – 3/20/14
  • Convergence 2014 sponsored by the Dallas CPA Society, Dallas – 5/8/14
  • Central Texas Chapter/TSCPA CPE Expo, Waco – 5/22/14
  • West Texas Women CPAs, Lubbock – 5/29/14
  • TSCPA Texas State Taxation Conference, Houston – 8/13/14
  • Practice Management Group, Tyler – 10/20/14
  • 16th Annual Meadows Collier Taxation Conference, Dallas – 10/28/14
  • Metroplex Practice Management Group, Dallas – 10/28/14
  • Sales and Use Tax Audits: What to do When... sponsored by National Business Institute, Dallas – 10/30/14
  • Accounting and Financial Reporting Update Conference sponsored by Professional Development Institute (PDI), Dallas – 10/31/14
  • Dallas Bar Association Tax Section Monthly Meeting, Dallas – 12/1/14

2013 Speaking Engagements

  • Corpus Christi Chapter/TSCPA 55th Annual Tax Conference, Corpus Christi – 2/1/13
  • Convergence 2013 sponsored by the Dallas CPA Society, Dallas – 5/8/13
  • Wichita Falls Chapter/TSCPA Free CPE Seminar, Wichita Falls – 5/22/13
  • Lane Gorman Trubitt, Dallas – 8/16/13
  • San Antonio Chapter/TSCPA CE Symposium, San Antonio – 9/27/13
  • El Paso Chapter/TSCPA, El Paso – 10/22/13
  • 15th Annual Meadows Collier Taxation Conference, Dallas – 10/29/13
  • TSCPA Tax Institute, Dallas – 11/22/13

2012 Speaking Engagements

  • 2012 AICPA Tax Strategies for the High-Income Individual Conference, Las Vegas – 4/30/12
  • 2012 AICPA Tax Strategies for the High-Income Individual Conference, Las Vegas – 5/1/12
  • Dallas CPA Society's 2012 Convergence, Dallas – 5/4/12
  • Central Texas Chapter/TSCPA CPE Expo, Waco – 5/16/12
  • South Texas Surety Association, San Antonio – 5/17/12
  • Corpus Christi Estate Planning Council, Corpus Christi – 5/18/12
  • TSCPA Texas State Taxation Conference, Houston – 8/13/12
  • 14th Annual Meadows Collier Taxation Conference, Dallas – 10/30/12
  • Permian Basin Chapter/TSCPA CPE Expo, Odessa – 11/1/12
  • West Texas Women Certified Public Accountants Annual Seminar, Lubbock – 11/7/12
  • TSCPA Tax Institute, Dallas – 11/13/12
  • TSCPA Tax Institute, San Antonio – 11/14/12

2011 Speaking Engagements

  • Taxation and Estate Planning Update for Professionals Seminar sponsored by Texas Bank and Trust, Tyler – 5/4/11
  • Annual Estate Planning Update sponsored by the Midland College Foundation and the Midland Memorial Foundation, Midland – 5/12/11
  • Corpus Christi Chapter/TSCPA, Corpus Christi – 5/13/11
  • Taxation and Estate Planning Update for Professionals Seminar sponsored by Texas Bank and Trust, Longview – 5/18/11
  • Wichita Falls Chapter/TSCPA, Wichita Falls – 5/25/11
  • Dallas CPA Society's Continuing Education Day Conference, Dallas – 5/26/11
  • Fort Worth Chapter/TSCPA Tax Institute, Fort Worth – 8/5/11
  • TSCPA Texas State Taxation Conference, Austin – 8/15/11
  • Texas Franchise Tax Update, Dallas – 8/18/11
  • El Paso Chapter/TSCPA, El Paso – 8/23/11
  • 5th Annual UT Texas Margin Tax Conference, Austin – 9/1, 9/7 and 9/8/11
  • San Antonio Chapter/TSCPA CE Symposium, San Antonio – 9/22/11
  • 13th Annual Meadows Collier Taxation Conference, Dallas – 10/25/11
  • 58th Annual Texas CPA Tax Institute, San Antonio – 11/17/11 and 11/18/11

2010 Speaking Engagements

  • UT 2010 Texas Margin Tax Conference, Austin, Houston & Dallas – 2/11/10, 2/18/10 & 2/23/10
  • Dallas Practice Management Group, Dallas – 2/18/10
  • South Plains Chapter/TSCPA, Lubbock – 4/27/10
  • Dallas CPA Society Free CPE Day, Dallas – 5/4/10
  • Central Texas Chapter/TSCPA CPE Expo, Waco – 5/20/10
  • East Texas Chapter/TSCPA CPE Expo, Tyler – 5/24/10
  • Wichita Falls Chapter/TSCPA, Wichita Falls – 5/25/10
  • 12th Annual Meadows Collier Taxation Conference, Dallas – 10/26/10
  • TSCPA Tax Institute, Richardson & San Antonio – 11/15/10 & 11/16/10 
  • Dallas CPA Society Member Appreciation CPE Series, Dallas – 11/17/10

2009 Speaking Engagements

  • Corpus Christi Chapter/TSCPA 51st Annual Tax Conference, Corpus Christi – 2/3/09
  • Dallas Practice Management Group, Dallas – 3/19/09
  • Dallas CPA Society - Celebrate Dallas 2009 – 5/1/09
  • Annual Taxation and Estate Planning Update for Professionals Seminar, Longview & Tyler – 5/20/09 & 5/27/09 
  • TSCPA Advanced Estate Planning Conference, San Antonio - 8/28/09
  • Panhandle Chapter/TSCPA Annual Tax Institute, Amarillo - 9/3/09
  • East Texas Chapter/TSCPA CE Expo, Nacogdoches - 9/18/09
  • 11th Annual Meadows Collier Taxation Conference, Dallas - 10/27/09
  • The McLennan Community College Foundation Fifth Annual Tax Institute, Waco - 11/10/09
  • Metroplex Practice Management Group, Dallas - 11/17/09
  • San Angelo Chapter/TSCPA, San Angelo - 12/9/09
David E. Colmenero
David E. Colmenero
Partner
  • phone (214) 744-3700
  • toll-free 800.451.0093
  • fax 214.747.3732
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