Keith Swirsky Quoted in New York Times Article Regarding Imposition of Federal Excise Tax on Business Aircraft March 27, 2012 | The New York Times

March 29, 2012

By: Keith G. Swirsky

New York Times

Keith Swirsky, President of GKG Law and Chair of the firm’s Business Aviation Group, was quoted in a New York Times article regarding the imposition of Transportation Excise Tax under Internal Revenue Code Section 4261 (FET) on business aircraft, a recent lawsuit filed by NetJets® in connection with the imposition of such taxes and a recent Chief Counsel Memorandum (CCM) released by the IRS, in which the IRS concluded that control of an aircraft’s pilots is a primary factor in determining which party has possession, command and control of an aircraft for purposes of imposing FET. Of the NetJets case and its juxtaposition with the views of Warren Buffet, who controls Berkshire Hathaway, the company that owns NetJets, regarding the imposition of taxes on the mega-rich, Mr. Swirsky said “It’s funny — it’s a great irony. He’s got an excellent argument,” adding, “He shouldn’t pay taxes that are not properly due.”


The full text of the article may be viewed at: For more information, please contact Keith Swirsky at (202) 342-5251 or