Bradley Arant Boult Cummings LLP

317 Best Lawyers awards

Bradley Arant Boult Cummings LLP logo

Awarded Practice Areas

Litigation and Controversy - Tax Tax Law

Biography

Bruce Ely’s more than 40 years of experience have allowed him to handle projects as diverse as serving on the recruiting teams that successfully induced both Mercedes-Benz and Hyundai to locate their first U.S. manufacturing plants in Alabama to representing taxpayers before the Internal Revenue Service, the Alabama Department of Revenue and local taxing authorities. His practice focuses on three concentric areas: representing taxpayers in federal, state and local administrative and judicial forums; advising companies on choosing the proper form of entity through which to conduct business in the southeast and potential tax incentives; and advising companies and various trade and professional organizations regarding state and local tax legislative matters. He also devotes a substantial amount of time to teaching and writing on SALT-related topics.

Bruce was founding chair of the firm’s State and Local Tax (SALT) Practice Team, which represents taxpayers before the Alabama, Tennessee and Mississippi Departments of Revenue, as well as local government taxing authorities and the state and federal courts. He has served as counsel to multistate taxpayers in cases before the U.S. Supreme Court, but more often before the Alabama appellate courts, circuit courts, and the Alabama Tax Tribunal. He also recently co-chaired the New York University Institute on State & Local Taxation and was selected by State Tax Notes/Tax Analysts as one of its “Top Ten Tax Lawyers in the U.S.”

As part of his governmental affairs practice, Bruce has co-authored a number of landmark pieces of tax and business entity legislation in Alabama and numerous statute-specific tax bills. He was privileged to serve as counsel to several state tax reform, economic development and constitutional reform commissions over the years and has written extensively on those topics, as well as on other multistate tax issues and incentives matters. He also speaks regularly on the tax aspects of pass-through entities at the national and state levels, and co-authors a series of charts on the state taxation of LLCs and LLPs that have appeared in numerous tax and business entity journals and treatises.

Bruce also serves as co-lead editor of Bloomberg BNA’s Pass-Through Entity Navigator, a comprehensive online resource providing detailed analysis and practical guidance on a state-by-state basis for each type of pass-through entity and pass-through entity owner. The resource tool allows tax professionals to quickly access more than 1,700 topics, such as formation, federal tax classifications, taxes imposed, withholding, or composite returns, and is available to subscribers of Bloomberg BNA’s Tax & Accounting State Tax research.

As a longstanding Fellow of the American College of Tax Counsel and member of the Alabama Law Institute, Bruce is the only Alabama member included in the International Who’s Who of Corporate Tax Lawyers.

Bradley Arant Boult Cummings LLP

317 Best Lawyers awards

Bradley Arant Boult Cummings LLP logo

Overview

  • New York University, LL.M., graduated 1981
  • The University of Alabama, J.D., graduated 1980
  • The University of Alabama, B.S., graduated 1977

  • Alabama, U.S. Supreme Court
  • Alabama, Alabama State Bar Association

  • New York University Institute on State & Local Taxation - Immediate Past Chair
  • Public Affairs Research Council of Alabama (PARCA) - Member, Board of Directors

  • U.S. Supreme Court, Alabama Supreme Court, U.S. Tax Court, U.S. District Court for the Northern District of AL
  • Alabama, U.S. Supreme Court
  • Alabama, Alabama State Bar Association
  • New York University Institute on State & Local Taxation - Immediate Past Chair
  • Public Affairs Research Council of Alabama (PARCA) - Member, Board of Directors
  • New York University, LL.M., graduated 1981
  • The University of Alabama, J.D., graduated 1980
  • The University of Alabama, B.S., graduated 1977
  • U.S. Supreme Court, Alabama Supreme Court, U.S. Tax Court, U.S. District Court for the Northern District of AL

Client Testimonials

Bruce Ely is very proactive and supports his clients by identifying cutting edge tax matters pertinent to his clients industry. Although highly sought after, which is a direct result of his direct expertise, he is extremely responsive particularly on last minute issues presented. In addition, his network of colleagues-in and outside of his firm, allows him to produce a client result that is effective and cost efficient.

Donna Lecky (HealthSouth Corporation)

Birmingham, AL

Without any question, Bruce Ely is the finest and best state tax attorney in Alabama. He has been a tremendous business partner for Energen in assisting us in addressing complex, multi-state tax issues over many years -- and during a period of rapid growth for the company. His technical knowledge and application of Alabama tax law and regulations, experience with and understanding of the Alabama business community as a whole, work product, communication and negotiating skill set, and overall client service are superior and unmatched. I greatly value and recommend Bruce, as we place the highest level of trust and confidence in his counsel and judgment.

Doug Marshall (Energen Corporation)

Birmingham, AL

Awards & Focus

Lawyer of the Year Badge - 2025 - Tax Law Lawyer of the Year Badge - 2024 - Litigation and Controversy - Tax Lawyer of the Year Badge - 2020 - Litigation and Controversy - Tax Lawyer of the Year Badge - 2015 - Litigation and Controversy - Tax Lawyer of the Year Badge - 2013 - Litigation and Controversy - Tax
Named "Lawyer of the Year" by Best Lawyers® for:
  • Tax Law, Birmingham (2025)
  • Litigation and Controversy - Tax, Birmingham (2024)
  • Litigation and Controversy - Tax, Birmingham (2020)
  • Litigation and Controversy - Tax, Birmingham (2015)
  • Litigation and Controversy - Tax, Birmingham (2013)
Recognized in The Best Lawyers in America® 2026 for work in:
  • Litigation and Controversy - Tax
  • Tax Law
Additional Areas of Practice:
  • Business Organizations (including LLCs and Partnerships)
Special Focus:
  • Corporate
  • Federal
  • Limited Liability Companies
  • Partnership
  • State and Local Tax
  • Subchapter S Corporations
  • Tax Abatement
  • Tax Assessment
Awards:
  • Recipient of Bloomberg Tax "Franklin C. Latcham Award for Distinguished Service in State and Local Tax"
  • "Top 100 People You Should Know," 2009
  • Listed in Birmingham Magazine as "Top Lawyers in Alabama," 2008-present
  • Alabama State Bar Distinguished Service Award, 2012
  • Martindale-Hubbell AVĀ® Preeminent Rating
  • Top 50 Super Lawyers in Alabama
  • Only Alabama attorney listed in Who's Who Legal, "International Who's Who of Corporate Tax Lawyers," 2009-2019
  • Listed in Alabama Super Lawyers, Tax, 2007-2021
  • Listed in State Tax Notes, "Top 10 Tax Lawyers in the United States," 2012
  • First recipient of the Paul H. Frankel Award for Outstanding Achievement in State and Local Taxation from the New York University School of Continuing and Professional Studies (NYU Institute on State & Local Taxation, Dec. 2013).
  • Recipient of COST "Paul H. Frankel Excellence in State Taxation" Award (Oct. 2017)

Case History

Cases
  • AT&T Corp. vs. Surtees (ADOR)
Successful challenge to the constitutionality of Alabama's business privilege tax (BPT) scheme, which allowed a deduction for an investment in companies also doing business in the state but NOT for companies not subject to the BPT.
  • Hoover, Inc. vs. Alabama Department of Revenue
Represented the taxpayer in several successful appeals of large assessments of state and local sales tax with respect to its sales of sand and gravel to Mississippi local government entities when sales to similar Alabama government entities would not be taxable under Alabama law. The Alabama Supreme Court agreed with our Commerce Clause arguments and invalidated the assessments.
  • GMAC vs. City of Red Bay, Alabama
Served as lead counsel to GMAC in its successful appeal to the Alabama Supreme Court of a class certification order in favor of several municipalities and counties in which GMAC did business. The Supreme Court ruling de-certified the class and confirmed that each city and county must follow the Alabama Taxpayers'' Bill of Rights/Uniform Revenue Procedures Act in auditing and assessing local sales, use, rental or for lodging taxes against business taxpayers.
  • The Pittsburg & Midway Coal Company vs. Tuscaloosa County
Confirmed the right of a taxpayer to rely on the so-called "anti-whipsaw statute" (which I co-authored) to avoid paying a sales or use tax twice, then being forced to file a claim for refund with the taxing jurisdiction that incorrectly received the first payment. The opinion also confirmed that each local government must comply with the Alabama Taxpayers Bill of Rights (which he also co-authored) procedures by allowing an aggrieved taxpayer to appeal its assessment to an administrative hearing officer before being forced to file suit in the local circuit court.
  • Jim Walter Resources Inc. v. Tuscaloosa County
Landmark Alabama Supreme Court case involving the applicability of the Alabama mortgage recording tax to the mortgage of a subsidiary that was used to secure its guaranty obligations in favor of its parent company's $3 Billion debt to a consortium of lenders. The Court appropriately ruled that the tax did not apply due to the contingent nature of the sub's obligation and related mortgage.
  • Other Court Admissions
  • United States Court of Appeals, 11th Circuit
  • Supreme Court of the United States
  • United States Tax Court
  • Supreme Court of Alabama
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
Transactions
  • Hyundai Motor Manufacturing USA--automotive plant near Montgomery, AL
Served as state tax/incentives counsel to Hyundai in its decision to locate its first U.S. auto manufacturing plant near Montgomery, Alabama.
  • Mercedes-Benz U.S. International, Inc. automotive plant in Vance, AL
Was a member of the state and local governments recruiting team that convinced MBUSI to locate its first (and only) auto manufacturing plant in Alabama, near Birmingham.

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