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Kenneth H. Silverberg



Ken Silverberg is an experienced tax attorney and former CPA-partner at Arthur Andersen & Co. He focuses on tax controversies, including tax audits, appeals and litigation against the IRS and state departments of taxation. He also represents numerous nonprofit organizations and NGOs in the health care, education and trade association sectors.

What do you focus on?

Tax Controversy Practice

I help clients resolve their IRS and state tax problems as quickly and inexpensively as possible. Most of my clients prefer to settle their tax disputes quickly and finally, and I help them do that. However, it’s sometimes necessary for them to litigate, and when we do, we usually win.

Nonprofits

Washington is the home of many unique nonprofit organizations as well as the health care, charitable and education organizations found in most large cities. Their tax issues, governance matters and business transactions often require unique solutions. I’ve spent 40 years helping them design and secure those solutions.

Individuals, Trusts and Estates

My practice has always included providing tax advice and estate planning to individuals. I have frequently served as an executor or trustee for these clients, who are residents of DC, Maryland or Virginia, the three jurisdictions in which I practice.

What do you see on the horizon?

The IRS and numerous states are aggressively seeking additional revenue. They are asserting new theories of taxation and reaching beyond their traditional geographic borders. Businesses and individuals need to be equally aggressive and creative to assure they don’t pay more than their fair share of taxes.

The U.S. government will increase its use of the tax code to regulate the actions of nonprofit organizations. Nonprofit boards and managers must become more aware of the tax impact of their decisions.

Presentations

  • “Seizing upon Opportunity Zones and Creating Value,” AIAI P3 Conference, Washington, DC, November 2018

Representative Experience

  • General Motors Corporation v. Commonwealth of Virginia
    General Motors Corporation v. Commonwealth of Virginia, Department of Taxation, 268 Va. 289, 602 S.E. 2d 123 (2004).
  • Maryland Comptroller of the Treasury v. Gannett Co., Inc.
    Maryland Comptroller of the Treasury v. Gannett Co., Inc., 356 Md. 699; 741 A.2d 1130 (1999).

Deal Watch: Private equity hits new heights

The American Lawyer | November 22, 2021

This article on the surge in private equity deals includes NP for advising the owners of skin care brand Obagi in its $1.2 billion business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi’s operations in China.

The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.

Four firms lead three-way SPAC to create new beauty platform

Bloomberg Law | November 18, 2021

This article covering a roughly $1.2 billion merger of skin care and beauty brands with a special purpose acquisition company mentions NP for advising the owners of skin care brand Obagi in its business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi's operations in China.

The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.

To deduct interest or depreciation?

Tax Credit Advisor | March 01, 2021

Washington, DC Corporate senior counsel Ken Silverberg is quoted throughout this article on housing-related tax changes brought about by the Tax Cuts and Jobs Act of 2017, and strategies to consider under the tax law.

Compliance Hot Spots

Law.com | June 09, 2020

This roundup of white-collar, regulatory and compliance news and trends mentions Affordable Housing and Real Estate partner Harry Kelly and Corporate partner Ken Silverberg, both of Washington, DC, for representing a businessman’s estate in a new tax case before the U.S. Court of Federal Claims in Washington.

Contact

Kenneth H. Silverberg

Senior Counsel

Washington, DC

Phone: 202-585-8322


Fax: 866-947-3631

Georgetown University Law Center, J.D.

University of Michigan, B.A., Economics

Maryland

Virginia

District of Columbia

U.S. District Court, Eastern District of Virginia

U.S. Tax Court

U.S. Court of Federal Claims

U.S. Supreme Court

Ken was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2022 in the field of Tax Law. Kenneth has been listed in Best Lawyers since 2015.

Ken has also been recognized as one of the top tax lawyers in the Washington DC edition of Super Lawyers Magazine.

  • Adjunct professor of “Accounting & Financial Concepts for Lawyers” and “State and Local Taxes” at George Mason University Antonin Scalia Law School in Arlington, VA
  • American, District of Columbia, and Virginia bar associations
  • American and DC institutes of certified public accountants
  • Active in several local civic and charitable activities as both an officer and board member
  • General Counsel – The National Recording Preservation Foundation
  • General Counsel – SCORE (Service Corps of Retired Executives)
  • General Counsel – Rogue Sports, Inc.
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