Nicholas K. Niemann


“I’ve seen firsthand the devastation that happens to a community and families when companies stall or fail and jobs are lost.  The opportunity to do something about it is what attracted me to McGrath North.”

When a business succeeds, so do its employees and their families.  This fact has motivated Nick to work with McGrath North and community leaders and entrepreneurs to build jobs and develop industry-leading companies.  This passion for helping businesses succeed led him to designing Nebraska’s leading economic development programs and also participating in an international movement for innovating and creating new business models.  He has developed specific protocols for business continuity and succession planning and has worked with more than 900 CEOs around the country to help build a strong economic future for companies and the families which count on them.

Nick has developed four principal areas of practice while with McGrath North.

State and Local Tax and Incentives
As a Nebraska State Tax attorney, Nick has been working for over 37 years with company executives, tax and legal personnel and their outside CPA firms and legal counsel from around the country to address Nebraska state and local tax planning strategies, Nebraska tax disputes (audits, claims, appeals and settlement), and Nebraska tax incentives and business incentives.

Nick has been selected by The Best Lawyers in America  “Lawyer of the Year” for Tax (Omaha 2019) and Litigation and Controversy – Tax (Omaha 2015).

Nick was the principal designer and drafter of most of Nebraska’s economic development tax incentive programs (e.g. 1987’s LB775 Employment and Investment Growth Act, Nebraska’s Capital Gain Exclusion, Nebraska’s Single Factor Apportionment Formula, Nebraska’s Personal Property Tax Exemptions, Nebraska’s Manufacturing Sales Tax Exemption, and 2005’s LB312 Nebraska Advantage Programs).  These programs have created over 100,000 new jobs and $25 billion of capital investment in over 850 business expansions.  He designed and drafted a number of Nebraska’s tax statutes, as well as the constitutional amendment to fix Nebraska’s property tax system.

Nick has been selected by the Great Plains Federal Tax Institute each year since 2002 to present the State Tax and Economic Development segment of its annual regional conference.  Nick’s Nebraska state and local tax (SALT) practice has been enhanced by his membership as a Nebraska state tax attorney with the Council On State Taxation (COST) and Nebraska Society of CPAs.

For Nick’s full State Tax profile, click here.

For more information on our State Tax and Incentives Practice, see www.NebraskaStateTax.com.

Business Owner Succession and Exit Planning 
Nick works with business owners around the country to address their Succession Planning and Exit Planning through the design and implementation of business owner Buy-Sell Agreements, Succession Plans and Exit Plans.

As a Succession Planning and Exit Planning attorney, he has authored books on Succession and Exit Planning (including his latest book, “Fourth Quarter First”). For more information see www.FourthQuarterFirst.com.

Business Planning and Design 
Nick is the first Nebraska attorney to be recognized by “Best Lawyers in America” for Closely Held Companies and Family Business Law.  His in depth understanding of Business Model design and innovation (developed as a co-author of the internationally acclaimed Business Model Generation program) enables him to bring business reality to his legal work with business owners and executives in various areas of business design, operations and planning.

By understanding the 9 components to every Business Model, he brings unique insights in designing and structuring business start-ups, in helping companies to re-invent themselves, and in addressing business agreements, joint ventures, business development, company sales, mergers and reorganizations.

Nick has been called on by business, industry and professional associations and organizations in over 100 cities around the U.S. and Canada to speak to their groups on Business Model design and innovation.  His newest book, “The Business Model Myth Solution”, identifies the 7 root forces behind the culture and leadership mindshift which all organizations need to unleash to create lasting business model success today.

Family Estate Planning 
As an Estate Planning attorney, Nick works with families to protect their hard earned savings.  He has authored a family-centered book on Estate Planning.

Nick has practiced Estate Planning for over 37 years.  While in Law School he won the Senior Estate Planning Contest and has served as an Adjunct Faculty member teaching Estate Planning at the Creighton Law School.

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Professional Background
Admitted

Nebraska, 1981

U.S. District Court, District of Nebraska, 1981

U.S. Court of Appeals, Eighth Circuit, 1981

U.S. Tax Court, 1981

U.S. Court of Federal Claims, 1985

Nebraska State Lobbyist, 1987

Education

Creighton University School of Law, J.D., Magna Cum Laude, 1981

Creighton University College of Business, B.S.B.A., Summa Cum Laude, 1978

Accomplishments

Certified Public Accountant (CPA-Inactive Registrant)

Adjunct Professor, State Tax, Creighton University School of Law

Adjunct Professor, Estate Planning, Creighton University School of Law

Lifetime Fellow, Nebraska State Bar Foundation

Great Plains Tax Institute – Speaker, State Taxation and Economic Development (2002 – 2013)

Council On State Taxation – Speaker, State Taxation (2012)

Tax Executives Institute – Speaker, State Taxation (2012 – 2013)

Nebraska Society of CPAs – Speaker, Various State Tax and Succession Planning Programs

Listed:  “Best Lawyers in America”, Business Organizations (including LLCs and Partnerships), Closely Held Companies and Family Businesses Law, Litigation and Controversy – Tax, Tax Law, and Trusts and Estates

“Best Lawyers in America”, Omaha Lawyer of the Year, Tax Law, 2019

“Best Lawyers in American”, Omaha Lawyer of the Year, Litigation and Controversy – Tax, 2015

Martindale-Hubbell Peer Rating: AV Preeminent 5.0/5.0

Ten Outstanding Young Omahans Award

Book Author:  “The Next Move For Business Owners”  (Succession and Exit Planning)

Book Author:  “The Next Move For Families” (Estate Planning)

Book Author:  “Exit On Your Terms” (Exit Planning)

Book Co-Author:  “Business Model Generation” (Business Strategic Planning)

Book Author: “The Business Model Myth Solution” (Business Strategic Planning)

Professional Organizations

Nebraska & American Bar Associations

Nebraska Society & American Institute of CPAs

Council On State Taxation (COST)

Vistage International Trusted Advisor Board

Vistage International National Resource Speaker

Business Enterprise Institute (Exit Planning)

Exit Planning Institute

Financial Planning Association of Nebraska

Omaha Chamber of Commerce Headquarters Target Advisory Board

Nebraska Chamber of Commerce Tax Council

National Speakers Association