Focus
Levenfeld Pearlstein's tax attorneys focus on a wide range of transactional tax planning and structuring as well as tax controversy matters. We have significant experience in all aspects of federal, state and local and international taxation, representing public and privately held companies, foreign governments, REITs, pass-through entities, tax-exempt entities, real estate ventures, start-up ventures, entrepreneurs and corporate executives.
Overview
Our tax attorneys are nationally recognized for their creativity, intellect and pragmatism. Founding partner Milton A. Levenfeld recognized many years ago that taxes are a critical component of return on investment. From this, it followed that the ability to manage the cost of taxes in a proper way is an essential part of business structuring and legal representation. Our practice thus extends to the full range of tax matters confronted by both operating businesses and investors.
Transactional
Our attorneys practice “transactional tax;” an approach that places the business transaction at the front and center of structuring objectives. We focus on tax-efficient structures and problem solving for corporate mergers and acquisitions, private equity, venture capital, real estate transactions, tax-free exchanges, joint ventures, intellectual property licensing, asset protection, business succession and other business relationships. Our tax attorneys are experienced transactional attorneys who have honed their skills by implementing structures and closing deals.
Tax Controversy
We routinely defend complex audits at all stages of the audit and appeal process, and have significant experience in representing taxpayers in the Tax Court, before the Internal Revenue Service Appeals section and numerous state and local taxing agencies across the country. Our representation includes audit defense, appealing and negotiating proposed assessments, tax litigation, negotiating and entering into voluntary disclosure agreements and obtaining federal and state private letter rulings. We also routinely work with accountants and attorneys nationwide to assist in them in tax disputes that require additional expertise.
International Taxation
Our significant experience in foreign in-bound and out-bound transactions and investments includes regularly acting as counsel to U.S. companies involved in cross-boarder acquisitions and operations. In addition, we counsel foreign governments, parastatal investment authorities and prominent foreign pension funds with respect to the tax aspects of their U.S. investment activities. Through our affiliation with MSI, a global network of professional firms, we are able to access specific tax expertise at affiliate firms throughout the world.
State and Local Taxation
Our attorneys recognize that transactional planning and structuring does not stop with federal income tax issues. We routinely advise clients on all aspects of multi-state taxation including nexus issues, income apportionment, sales and use tax, franchise tax, payroll tax and state registration and reporting requirements. We have a particular experience in the planning and structuring of aircraft and other rolling stock transactions. In addition, we routinely represent taxpayers who are the subject of a state or local tax audit, are appealing a proposed assessment or who are seeking to voluntarily disclose a liability with one or more jurisdictions.
Tax-Exempt Organizations
Our attorneys have significant experience in forming, structuring and advising tax-exempt and other not-for-profit organizations. Our representation includes forming public charities, private foundations, charitable lead trusts and pooled income funds, obtaining tax-exemptions from the Internal Revenue Service and state agencies, advising on day-to-day transactions and addressing UBTI issues.
Executive Compensation
In conjunction with the firm’s employment attorneys, we routinely represent executives on all aspects of their compensation. This representation includes structuring, negotiating and documenting deferred compensation arrangements, Employment Agreements, Separation Agreements, SERPs and Change in Control Agreements. We provide advice with respect to 280G payouts, 409A compliance, SIFL aircraft rules and the taxation of other company provided perquisites.
Services
Ownership structuring
Mergers and acquisitions
Private equity
Venture capital
Divestitures
Restructurings
Real estate taxation
1031 and other tax-free exchanges
Institutional investor counseling
International taxation
State and local taxation
Audit appeal and defense
Tax litigation
Federal and state private letter ruling requests