Biography
Clients might say that Katy David can see around corners and predict what’s coming next, all in an effort to help them meet their missions. Katy, an experienced and energetic tax lawyer, is gifted at helping her tax-exempt clients feel safe, whether they are confronting challenges or seizing opportunities. Tax-exempt organizations of all sizes rely on Katy to guide them at formation, during their operation and growth, and—when necessary—through wind-down and dissolution. When Katy takes on a new client, she works to truly understand the impact the organization has within its community. From there, Katy is able to help clients plan and implement their strategic direction by combining her technical and legal knowledge with a gut instinct that’s been honed over more than 20 years of practice.
Katy’s love of tax law began when she was inspired by her tax law professor, the late Martin “Marty” Ginsburg. Professor Ginsburg once said that the most important thing he did was enable his wife, the late Supreme Court Justice Ruth Bader Ginsburg, to do what she did. Katy firmly believes that the most important thing she can do is help her clients achieve greatness by providing them with solid guidance, advocacy, and counsel.
When a nonprofit organization’s mission is on the line, Katy David is the attorney you want in the room to help seize the opportunity, triage and manage the crisis, coordinate the message, and plan for the future.
Representative Experience
- Represented multiple Texas-based foundations affiliated with public universities in connection with nonprofit corporate governance and fundraising/donor-relations
- Represented San Antonio, Texas-based foundation affiliated with major public university in connection with I.R.C. §501(c)(3) compliance and nonprofit governance
- Represented private university in Texas regarding its involvement in a consortium organized as an unincorporated nonprofit association
- Gained extensive experience with I.R.C. §170(b)(1)(A)(ix) Agricultural Research Organizations operated in conjunction with land grant colleges and universities, or with non-land grant colleges of agriculture
- Represented an I.R.C. §170(b)(1)(A)(iii) Medical Research Organization with nine-figure asset valuation in connection with nonprofit corporate governance and tax-compliance
- Provided nonprofit governance and tax advice to Property Owners Associations (POAs) and Homeowners Associations (HOAs)
- Advised I.R.C. §501(c)(3) and other tax-exempt organizations in connection with collaborations, mergers, and other business combinations to promote long-term sustainability
- Developed and implemented program-related investments (PRIs) for private foundations, resulting in tax savings and mission enhancement for the foundations and liquidity and increased capacity for recipient organizations
- Obtained judicial modification of numerous charitable trusts to facilitate trust administration, optimize charitable use of assets, and obtain more favorable income tax classification
- Experienced in incorporating governance concepts of various religious denominations into organizational governance provisions applicable under state law
- Resolved multiple Texas Office of Attorney General information requests made in response to public complaints filed against nonprofit corporations
- Performed governance reviews of nonprofit corporations and implement governance changes to better support mission and strategy
- Assisted numerous tax-exempt clients, including I.R.C. §501(c)(3), I.R.C. §501(c)(4), I.R.C. §501(c)(6) organizations in limiting and managing unrelated business taxable income (UBTI)
- Advised I.R.C. §501(c)(3) organizations in connection with Gift Acceptance Policies and major gifts, including pledges and gifts with naming rights, resulting in increased contribution revenue and enhanced donor relationships
- Developed governing documents and obtained recognition of tax-exempt status for multiple I.R.C. §501(c)(7) social and recreational clubs
- Issued equivalency determinations for private foundations engaged in foreign grantmaking in a variety of countries, including Africa, Europe, South America, and Asia
- Negotiated and resolved various governance disputes, donor disputes, and other disputes affecting nonprofit organizations prior to and during litigation, resulting in limited impact on organization mission, finances, and reputation
- Served as outside general counsel for a New Orleans-based arts organization, including managing an organizational restructuring and change in tax status, taking them from a private foundation to a public charity
- Created and obtained I.R.C §501 (c)(3) status for a multi-million dollar endowment fund to support a major regional charitable organization
- Assisted multiple Texas I.R.C §501 (c)(3) organizations with the formation of supporting organizations, to provide asset protection, enhanced fundraising, and more effective corporate governance
- Assisted I.R.C. §501(c)(3) organizations in Texas and elsewhere with reclassification of private foundation status, including terminating private foundation status for organizations that qualify as public charities under various subsections of I.R.C. §509(a)
- Served as outside general counsel to a Central Texas organization that operates for the support of a regional nonprofit hospital
- Collaborated with CPAs and other return preparers to prepare complete and accurate Forms 990 that effectively highlight organization accomplishments and impact
- Advised an organization’s executive staff and Board of Directors members regarding structuring and operational issues after the organization experienced a dramatic increase in contributions
- Created and obtained I.R.C §501 (c)(3) status for Texas organizations that provide job training and opportunities for individuals with developmental disabilities and other barriers to employment
- Advised nonprofit corporations on board and committee structure to encourage the involvement of outside experts to enhance their missions and governance
- Advised numerous tax-exempt organizations about changes created by recently enacted legislation, regulations, and Executive Orders, and helped Boards of Directors and executive staff identify threats to mission and determine which opportunities align with long-term strategy and short-term needs
- Drafted policies and procedures and provided Board training for multiple nonprofit organizations
- Structured reverse like-kind exchange to enable client to defer tax on gain from $40 million sale of coal assets in Pennsylvania
- Advised unrelated co-owners of 2,500 acres of recreational real estate valued in excess of $90 million on tax, estate tax, and succession planning
- Served as expert witness in connection with litigation involving failed or incomplete like-kind exchanges
- Provided tax advice enabling owners of real estate valued in excess of $25 million to engage in like-kind exchanges with proximate business restructurings
Education
- J.D. Georgetown University Law Center
- B.A. Johns Hopkins University
Memberships
- Section of Taxation, Council Director (2019-2021), Secretary (2017-2019), Tax Exempt Organizations Committee Chair, State Bar of Texas Tax Section (2018-Present), American Bar Association
- Fellow, American College of Tax Counsel
- Texas Board of Legal Specialization, Tax Law
- Sustaining Life Fellow, San Antonio Bar Foundation
- The College of the State Bar of Texas
- San Antonio Bar Association
- Trustee, Saint Mary’s Hall (2017-Present)
- Catechist, St. Luke’s Catholic Church
Achievements
- The Best Lawyers in America®, Litigation & Controversy – Tax (2021-Present), Nonprofit / Charities Law (2026), Tax Law (2021-Present)
- Best Lawyers® 2026 San Antonio, TX Tax Law, Lawyer of the Year
- Best Lawyers® 2024 San Antonio, Litigation and Controversy – Tax, Lawyer of the Year
- Super Lawyers Rising Stars®, Tax Law, Nonprofit Law, San Antonio, TX (2005-2017)
- Best Tax Law Attorneys, San Antonio Scene Magazine (2015)
- Rising Stars, San Antonio Scene Magazine (2013, 2014)
- 40 Under 40, San Antonio Business Journal (2011)
- Nolan Fellowship, American Bar Association Section of Taxation (2010)
- Best San Antonio Lawyers Rising Stars, San Antonio Scene Magazine (2005-2009)
Press Release
Legal Insight