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Shad Fagerland, Ivins, Phillips & Barker, Chartered Photo

Shad Fagerland

Of Counsel

Shad's creative approach to solving legal problems may derive from his primary hobby: writing screenplays, although he refrains from adding unexpected plot twists to his clients' plan documents.

Profile

Shad specializes in the laws and regulations governing health and welfare plans, including ERISA, COBRA, HIPAA, and the Affordable Care Act (ACA). Prior to joining IPB, Shad spent three years at the IRS Office of Chief Counsel, where he drafted regulations and other guidance on topics including the ACA's employer shared responsibility provisions, employer reporting of offers of health care coverage on Forms 1094-C and 1095-C, and consumer-driven health coverage vehicles such as health reimbursement arrangements (HRAs) and health savings accounts (HSAs).

He currently represents employers facing IRS audits or investigations, including appeal of employer shared responsibility penalties indicated in IRS Letter 226-J, and counsels employers with regard to all aspects of health and welfare plan design and administration.

In addition to health and welfare plans, Shad also has substantial experience with qualified retirement plans, including employee stock ownership plans (ESOPs). Shad works with employers to assess whether an ESOP is the right fit for their company's needs and also assists his clients with the various plan administrative issues that are unique to ESOP companies, such as leveraged ESOP refinancing transactions and repurchase liability planning.

Education

Yale Law School, 2001, J.D.

Iowa State University, 1997, M.A., English

Augustana College, B.A., 1995

Bar & Court Admissions

District of Columbia

Virginia

Government Service

Office of Chief Counsel, Internal Revenue Service, Tax Exempt and Government Entities Division (TEGE)

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