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TAX

Clients need clear and decisive answers to their tax questions. Nixon Peabody provides them. Our experienced, creative tax attorneys both monitor and influence new developments in the tax laws. We regularly advise domestic, multinational, and multistate businesses; small- to middle-market businesses; nonprofit organizations; estates; trusts; and individuals to help resolve controversies, facilitate complex transactions, and develop sound tax planning strategies.

We move quickly and efficiently to help our clients meet business objectives. Our seasoned attorneys consistently deliver winning advice and advantageous solutions to hundreds of our clients and guide them through tax issues with an eye toward maximizing benefits, reducing risk, and assuring compliance with applicable laws. Our depth of knowledge in all areas of tax law and full range of services allow us to address all of our clients’ legal tax needs.

Our Tax group includes attorneys who have specific experience in the areas of employee benefits, tax-exempt entities, real estate and syndication, public finance and tax-exempt bonds, personal tax planning, and estate and trust tax planning.

Nixon Peabody’s Tax practice was featured in the “Best Law Firms” rankings by U.S. News & World Report/Best Lawyers (2011–12). Nixon Peabody’s Tax practice has also been recommended as one of the “leading tax firms in the world” in the 6th edition of Tax Directors Handbook 2012, compiled by the publishers of The Legal 500 and Legal Business Magazine.

Representative Experience

  • Served as tax counsel for a $500 million tax-free merger of two public companies
  • Structured and drafted partnership agreements for operating businesses, investment funds, venture funds, leveraged buyout funds, hedge funds, and real estate development ventures
  • Advised clients on entity structure and negotiated government financial incentives on their behalf
  • Structured a complex recapitalization and redemption of stock of a large, privately held multinational corporate group in the manufacturing sector
  • Performed a 50-state survey of sales and use taxation for Internet-based business relating to sales of products via Internet access and computer downloading
  • Advised a manufacturing company how to satisfy its multistate sales tax collection responsibilities
  • Represented clients to obtain IRS Private Letter Rulings and similar assurances from state and local tax authorities
  • Represented clients in IRS audits, at the IRS Appeals Office, and in federal tax litigation
  • Represented clients in state tax audits and litigation in numerous states
  • Represented clients in various state unclaimed property audits and negotiations
  • Represented clients making voluntary disclosures of offshore accounts to the IRS

Thought Leadership/Alerts

SEC charges South Miami with fraud focusing on status of federal tax exemption of interest on bonds
Public Finance Alert | May 31, 2013

Gov. Andrew Cuomo unveils major economic development initiative offering tax benefits to businesses operating on or near select college and university campuses
New York Law Alert | May 30, 2013

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Hospitals must satisfy both NYS Community Service Plan (CSP) and federal Community Health Needs Assessment (CHNA) requirements—timing may be challenge
Health Law Alert | May 21, 2013

The door closes for "quiet disclosures"
Tax Alert | May 17, 2013

American Taxpayer Relief Act of 2012 extends the New Markets Tax Credit two years and with $7 billion
Tax Credit & Syndication Alert | January 4, 2013

The new medical device excise tax: Four things to consider before 2013
Tax Alert | November 16, 2012

Webinar Recording: Investors and Advisors Prepare Now: The New Medicare Contribution Tax is Coming
Originally recorded September 27, 2012 | October 1, 2012

2013 Tax changes: Medicare tax
Private Clients Alert | September 28, 2012

Massachusetts relaxes rules for employer health care reform contributions
Benefits Alert | August 30, 2012

Another win for a District of Columbia taxpayer—and a reminder that a taxpayer cannot be taxed without first satisfying state law
Tax Alert | August 8, 2012

IRS survey of 401(k) plans reveals trends in 401(k) plan design
Benefits Alert | June 11, 2012

IRS issues cloudy clarification of vesting rules
Benefits Alert | June 7, 2012

Good news for health Flexible Spending Accounts (FSAs)
Benefits Alert | June 1, 2012

Foreign Account Tax Compliance Act: U.S. payors need to act now to avoid taxation later
Tax Alert | May 31, 2012

Will your products be subject to the new 2.3% Federal Excise Tax on "taxable medical devices" next year?
Tax Alert | May 23, 2012

Tax burden analysis on BT-VAT pilot reform in Shanghai
Asia-Pacific Alert | May 10, 2012

IRS issues proposed regulations on excise tax imposed on sponsors of health plans
Benefits Alert | April 20, 2012

President Obama announces framework for business tax reform
Tax Alert | February 24, 2012

Don't sign that closing agreement yet! IRS taxpayer advocate says some offshore account FBAR penalties are too high
Tax Alert | January 11, 2012

IRS publishes final NMTC targeted populations regulations
Tax Credit Alert | December 5, 2011

IRS offers amnesty for employee/independent contractor errors—but beware of the legal consequences
Tax Alert &
Higher Education Alert | October 6, 2011

Two Surprises in the District of Columbia: Combined Reporting with Use of Losses Severely Limited and a Remote Internet Sales Tax
Tax Alert | September 15, 2011

Constitutionality of the Texas Margin Tax challenged by individual and partnership
Tax Alert | August 5, 2011

New Jersey throwout rule is declared “partly unconstitutional”
Tax Alert | August 2, 2011

Don't Miss Out on the New Energy Efficient Home Credit
Novogradac Journal of Tax Credits | July 1, 2011

States see unclaimed property as a revenue source, target health care industry
Tax Alert | June 8, 2011

A Few Things to Know About 1603 Grants in 2011
Novogradac Journal of Tax Credits | June 1, 2011

Bonus Depreciation—A Few More Things
Novogradac Journal of Tax Credits | May 1, 2011

Bonus Depreciation—A Few Things You Need to Know
Novogradac Journal of Tax Credits | April 1, 2011

The 10-Minute Guide to Tax Credits and Grants for Renewables
April 1, 2011

Webinar Recording: Voluntary Disclosure of Offshore Accounts
March 22, 2011

Does Treasury Have Discretion to Deny a 1603 Grant Application?
Novogradac Journal of Tax Credits | March 1, 2011

Historic Boardwalk Hall—What Does it Mean for Renewable Energy?
Novogradac Journal of Tax Credits | February 1, 2011

Comparing Credits and Grants
Novogradac Journal of Tax Credits | January 1, 2011

2010 Tax Act has credit, grant, and depreciation extensions and changes
Tax Credit Alert | December 20, 2010

Three Important Rules for Section 1603 Projects that Aren't Placed in Service in 2010
Novogradac Journal of Tax Credits | December 1, 2010

Founders/Investors/VCs—issue stock now to qualify for zero tax on capital gain
Venture & Technology Alert | November 23, 2010

New Tax Rules Under the 2010 Small Business Jobs Act
November 1, 2010

Texas Court's decision raises wider scrutiny of tax credit allocation policies
Tax Credit Alert | October 14, 2010

The 10-Minute Guide to the Tax Side of Financing Renewables
October 1, 2010

Tax provisions in the Small Business Jobs Act of 2010: summary and practical advice
Tax Alert | September 29, 2010

India, like China, is taxing offshore acquisitions
Tax Alert | September 15, 2010

Monetizing the Advanced Energy Manufacturing Tax Credit
Novogradac Journal of Tax Credits | September 1, 2010

Impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act on Private Equity Funds and Other Private Pools of Capital
Private Equity Alert | August 19, 2010

Treasury Announces Transition Section 1603 Grant Rules for Projects Not Placed in Service Until After 2010
August 1, 2010

Webinar Recording: Preserving Hospital Tax-Exempt Status: IRS Notice 2010-39 and its impact under the Patient Protection and Affordable Care Act
July 12, 2010

Related Parties, Soft Costs and 1603 Grants
July 1, 2010

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Press

Nixon Peabody Advises Gannett in $1.5 Billion Acquisition
June 13, 2013

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

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Media Clips

  • Fleeing Abroad May Not Cut Your Taxes
    Barron's | March 4, 2013

    Boston private clients partner Jay Rosenbaum discusses rising international anxiety about the increasing tax burden.

  • Réforme des impôts: l'exil fiscal, une réalité difficile à quantifier
    L'Express (France) | October 14, 2012

    Paris Global Tax partner Jean-Sébastien Dumont provides commentary in this feature article addressing tax reform.

  • Au nom du patriotisme fiscal
    C dans l'Air de France 5 | July 18, 2012

    Paris global tax partner Jean-Sébastien Dumont participates in a live interview on this evening news program discussing “fiscal patriotism.”

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  • Dealing with a Changing State Tax Landscape
    Franchising World | March 1, 2012

    This column, authored by Boston Global Tax partner Scott Susko and Rochester Private Clients associate Meghan Schubmehl, notes that franchisors should anticipate increased taxes as a result of the proliferation of the economic nexus theory.

  • IRS Official Previews Scope of Coming Medicare Contribution Tax Guidance
    State Tax Notes | March 1, 2012

    This article discusses proposed regulations providing rules for the section 1411 Medicare contribution tax that will answer whether the government will grant taxpayers a fresh start on the passive activity grouping rules in reg. section 1.469-4. Washington, DC, Global Tax partner Christian McBurney provides commentary.

  • IRS Easy on Criminal Tax Evaders: Watchdog
    Bloomberg News | January 19, 2012

    This feature story discusses the National Taxpayer Advocate’s report which found that criminal tax evaders have an easier time coming clean with the Internal Revenue Service than those who didn’t intend to hide money from U.S. authorities; a finding the IRS disagrees with. Partner and leader of the global tax practice Ken Silverberg provides commentary in the piece

  • Some Foreign Charities May Find Carveout Under FATCA
    Tax Notes | May 30, 2011
    This article discusses the announcement that the U.S. Treasury is considering treating some foreign charitable entities as low-risk or exempt under the Foreign Account Tax Compliance Act. Washington, DC, Global Tax partner Christian McBurney provides commentary throughout the piece.
  • The Current: Treasury Announces Transition Section 1603 Grant Rules for Projects Not Placed in Service Until After 2010
    Journal of Tax Credits | August 5, 2010
    This contributed article, authored by Boston Syndication partner Forrest Milder, discusses the recently published series of 25 questions and answers that provide detail about the transition rules for grants made pursuant to Section 1603 of the American Recovery and Reinvestment Act work.
  • Dormant Carried Interest Provision Could Have Broad Reach
    Tax Notes Today | August 2, 2010
    This feature article discusses the carried interest provision contained in the stalled extenders legislation, which was designed to target investment managers. Washington, DC, Global Tax partner Christian McBurney provides commentary in the piece.
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Events

Tax Assessment Reduction Tips: Is my commercial/industrial property over-assessed?
May 2, 2013 | Rochester, NY

2013 Tax & Legal Update: What to expect
February 5, 2013 | Jericho, NY

Webinar: Investors and Advisors Prepare Now: The New Medicare Contribution Tax is Coming
September 27, 2012

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Tax