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Jacob Birnbaum

Jacob Birnbaum provides sophisticated and cutting-edge tax advice to enable his clients to plan and structure their transactions to achieve favorable tax results. His practice encompasses all aspects of federal, state and local taxation.

In particular, Mr. Birnbaum provides tax advice and guidance on partnership and LLC operating agreements, the taxation of financial instruments (including options and other derivatives), property transfers, and the structuring of mergers and acquisitions. In addition, Mr. Birnbaum focuses on tax credits and deductions available to individuals and businesses of all sizes.

Prior to joining Kelly Hart & Hallman LLP, Mr. Birnbaum practiced tax law in New Jersey and hedge fund law in New York. His practice included the formation of hedge funds, drafting offering documents, addressing hedge fund fee/allocation tax issues, and assisting with SEC Investment Adviser compliance. He also advised clients - including the U.S. arm of a Middle Eastern sovereign wealth fund - as to matters relating to the Securities Act of 1933, the Investment Advisers Act of 1940, and the Commodity Exchange Act, and addressed SEC, FINRA, NFA, and CFTC compliance issues.

Mr. Birnbaum is a former stock options floor-trader on the American Stock Exchange, and he is also a current member of the U.S. Patent and Trademark Office bar. As a result, he is able to draw upon his background in finance and intellectual property to further assist clients.
Affiliations and honors


  • Texas Bar Foundation, Fellow


  • Top Attorney, 360 West magazine, 2017-2021
    • Tax Law
  • Top Attorney, Fort Worth, Texas magazine, 2018, 2020
    • Tax Law
  • Texas Super Lawyers Rising Star, Thomson Reuters, 2016
    • Tax Law
  • Georgetown University Law Center, LL.M., 2010
  • Benjamin N. Cardozo School of Law, J.D., 2006
  • Dartmouth College, A.B., 1994
  • State Bar of Texas, 2014
  • State Bar of New York, 2007
  • State Bar of New Jersey
  • State Bar of Connecticut
  • U.S. Patent & Trademark Office (Registration No. 59,495)
  • U.S. Tax Court
Speeches & Publications
  • "New Medicare Tax Lacks Specificity" Law360, November 20, 2013
  • Taxation of Exchange-Traded Options.  Bloomberg/BNA Tax Adviser (June 2013).
  • Why the U.S. Congress Would be Making a Colossal Mistake by Banning Tax Patents. Journal of Taxation of Investments, 28(3), 59-88 (April 2013).
  • The Case for the U.S. PTO's Adoption of an Open-Source 'Bounty' System for Reviewing Business Method and Software Patents, In Light of the Patent Infringement Battles Featuring the U.S. Financial Exchanges that Have Been Waged in Recent Years. UCLA Journal of Law and Technology, 10 (June 2006).

Jacob Birnbaum

P (817) 878-9395
F (817) 878-9280


State Bar of Connecticut
State Bar of New Jersey
State Bar of New York
State Bar of Texas
Jacob Birnbaum Named Fort Worth Magazine 2020 Top Attorney in Tax Law