John W. Hutchinson

/In the news

• The Bond Buyer

  Does Congress have authority to kill tax-exempt municipal bonds?

  New York City Project Finance & Public Finance partner Johnny Hutchinson provides commentary on potential legal issues around Congress’ ability to eliminate the tax exemption on state and local municipal bonds. Johnny discusses the fundamental constitutional issues that would need to be addressed, noting that it’s likely this sort of enactment would be significant enough to trigger some litigation.

  April 4, 2025
• The Bond Buyer

  Bond dealers predict changes to tax exemption amid ‘volatile’ tax talks

  This article includes commentary from New York City Project Finance & Public Finance partner Johnny Hutchinson on concerns and uncertainty around the tax exemption for municipal bonds as Congress discusses a reconciliation tax package. Johnny is quoted with respect to 2017, when House lawmakers cut tax-exempt Private Activity Bonds in an early version of the Tax Cuts and Jobs Act.

  March 11, 2025
• The Bond Buyer

  Will Congress attempt to cut tax exemption on existing

  This article covers the possibility of Congress retroactively removing the tax exemption from outstanding bonds. New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in the coverage, noting that when Congress has attempted to restrict tax-exempt financing in the past, it typically has done so prospectively. Johnny adds that he believes it's unlikely any restriction would apply to outstanding bonds.

  Feb 4, 2025
• The Bond Buyer

  MTA set to debut bonds backed by real estate transfer tax

  This article covering the New York Metropolitan Transportation Authority’s first bonds backed by its real estate transfer tax mentions NP for serving as co-counsel to the MTA. The NP team includes New York City partners Liz Columbo, Adam Gordon, and Johnny Hutchinson; Washington, DC partner Carla Young; New York City senior counsel Ken Lind and counsel Abbie Olsen; and New York City associate Georgia Sackey, all of the Project Finance & Public Finance practice.

  Jan 13, 2025
• The Bond Buyer

  Outlook 2025: Future of tax policy causing concern

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article covering the outlook for tax policy in 2025. Johnny notes that Congress may look to restrict tax-exempt bonds, in particular private activity bonds. He also discusses how the sector is still waiting for clarifying guidance on tax credit provisions in the Inflation Reduction Act of 2022, and how those provisions mesh with tax-exempt bond financing.

  Dec 27, 2024
• The Bond Buyer

  Infrastructure in 2025: optimism tempered by uncertainty

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article covering the outlook for tax policy in 2025. Johnny notes that Congress may look to restrict tax-exempt bonds, in particular private activity bonds. He also discusses how the sector is still waiting for clarifying guidance on tax credit provisions in the Inflation Reduction Act of 2022, and how those provisions mesh with tax-exempt bond financing.

  Dec 24, 2024
• The Bond Buyer

  BAB refundings fall as rates rise

  This article covers a slowdown in Build America Bond (BAB) redemptions due to volatile market conditions, higher ratios, and rising interest rates. New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in the coverage, noting that NP had been fielding multiple calls per day about BABs refundings, but those have decreased significantly over the last few months.

  Oct 30, 2024
• The Bond Buyer

  South Carolina school wins IRS dispute over tax exempt status

  This article covers the Hampton County (South Carolina) School District’s successful win in a dispute with the Internal Revenue Service over the tax exempt status of its Series 2010 $14 million general obligation bonds. New York City Project Finance & Public Finance partner Johnny Hutchinson provides third-party comments in the coverage, noting that the victory points to the importance of the two separate pillars within the IRS. Johnny also adds that it is noteworthy that the IRS Office of Appeals exercised independent judgment about the audit and appears to have disagreed significantly with the examining team.

  Oct 16, 2024
• The Bond Buyer

  IRS and Port of Port Arthur, Texas, settle tax status dispute

  This article covers the Internal Revenue Service’s settlement with the Port of Port Arthur Navigation District in Texas, related to the tax-exempt status of a $55 million bond issuance from 2017. New York City Project Finance & Public Finance partner Johnny Hutchinson provides third-party comments in the article, discussing the typical process for settling audits such as this.

  June 4, 2024
• The Bond Buyer

  IRS pressing forward with taxable finding on $55 million of Port Arthur, Texas bonds

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article, which covers the IRS notifying the Port of Port Arthur Navigation District in Texas that the tax-exempt status of a 2017 $55 million bond issuance remains unresolved months after the district initially disclosed that the IRS was casting doubt on the tax-exempt status. Johnny provides third-party comments related to the multiple similarly named documents for different stages of the audit process, and outlines what the issuer’s next step could be if they decide not to settle with the IRS.

  Feb 9, 2024
• The Bond Buyer

  Muni market pondering the future of refinancing

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article discussing the future of refinancing in the municipal market and how the market has adapted to the elimination of the tax-exempt advance refunding in the 2017 Tax Cuts and Jobs Act. Johnny discusses the previous rules and challenges in developing new legislation.

  Nov 1, 2023
• Journal of Taxation of Investments

  IRS rules on long-term tax-exempt financing for extraordinary working capital expenditures in a natural disaster

  New York City Project Finance & Public Finance partner Johnny Hutchinson contributed this article discussing a recent IRS private letter ruling that allows tax-exempt long-term working capital financing for utility costs related to Winter Storm Uri, and what this could mean for state and local governments when faced with a natural disaster.

  Oct 5, 2023
• Nashville Scene

  Titans financing clears bond market

  This article covers Metro Nashville and the state of Tennessee securing $1.2 billion to finance a new stadium for the Tennessee Titans and mentions NP for serving as special tax counsel in the bond sale. The NP team involved in the deal includes Project Finance & Public Finance partners Mitch Rapaport of Washington, DC and Johnny Hutchinson of New York City.

  Aug 30, 2023
• The Bond Buyer

  IRS finds $55 million Port Arthur bond issuance is taxable

  This article covering an IRS finding that a $55 million bond issuance in Jefferson County, Texas, is taxable, quotes New York City Project Finance & Public Finance partner Johnny Hutchinson on how expectations and reality can be complicated by myriad reasons behind spending delays.

  Aug 25, 2023
• The Bond Buyer

  IRS examining $338 million Clark County School District issuance

  This article, which covers an IRS examination of nearly $340 million in bond issues by the Clark County School District in Nevada, quotes New York City Project Finance & Public Finance partner Johnny Hutchinson on why the audit appears to be random and not targeted.

  April 6, 2023
• The Bond Buyer

  Biden snubs muni market, the ‘engine’ of infrastructure finance

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article, which features reactions from the public finance community to the US Treasury Department’s lack of tax-exempt bond guidance in its General Explanations of the Administration’s Fiscal Year 2024 Revenue Proposals, also knows as the Green Book. Johnny explains why the Green Book, which provides details on federal revenue and tax policy proposals, doesn’t necessarily dictate Congressional action and that there may be a silver lining with the lack of guidance.

  March 30, 2023
• The Bond Buyer

  New year brings new challenges and opportunities for tax policy

  New York City Project Finance & Public Finance partner Johnny Hutchinson is quoted in this article, which outlines tax policy expectations and potential legal challenges in the municipal bond market in 2023. Johnny explains how the IRS’ plan to hire more people, with or without funding from the Inflation Reduction Act, will likely increase the number of bond audits that are issued.

  Dec 28, 2022
• The Bond Buyer

  Muni tax lawyers hopeful about IRS fund infusion

  This article on the IRS modernizing its business systems quotes New York City Project Finance & Public Finance partner Johnny Hutchinson on the agency’s use of a new messaging platform to communicate securely with issuers and borrowers, and Boston partner and Cybersecurity & Privacy practice leader Jason Kravitz on cybersecurity vulnerabilities resulting from the agency using dated software.

  Sep 30, 2022
• The Bond Buyer

  New disclosure warns investors about tax-exemption change under IRA

  New York City Project Finance & Public Finance partner Johnny Hutchinson provides thought leadership throughout this article about issuers needing to update disclosure statements due to the Inflation Reduction Act’s implication for tax exemption on municipal bonds. The article also mentions NP as co-bond counsel for Cook County, Illinois, which had to supplement its official statement to explain how the new law could affect potential buyers. The Cook County team includes Chicago partner Julie Seymour, San Francisco partner Travis Gibbs, Chicago counsel Sharone Levy, and San Francisco associate Janelle Walker, all of the Project Finance & Public Finance practice.

  Aug 24, 2022
• Law360

  Public finance expert joins Nixon Peabody as partner

  The following coverage highlights the arrival of New York City partner Johnny Hutchinson to the firm’s Project Finance & Public Finance practice, noting his deep experience with public-finance tax issues. Johnny is quoted throughout the Law360 article, which also mentions his previous work on financing for the renovation of New York’s LaGuardia International Airport alongside New York City Project Finance & Public Finance partners Roddy Devlin and Chris Reitzel.

  July 27, 2022
• The Bond Buyer

  Prominent tax lawyer Hutchinson joins Nixon Peabody

  The following coverage highlights the arrival of New York City partner Johnny Hutchinson to the firm’s Project Finance & Public Finance practice, noting his deep experience with public-finance tax issues. The Bond Buyer article also quotes Project Finance & Public Finance practice group leader Virginia Wong and New York City office managing partner Ilana Kameros.

  July 26, 2022