Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. People
    3. Kenneth H. SilverbergPeople
    1. Home
    2. People
    3. Kenneth H. SilverbergPeople

    Kenneth H. Silverberg

    Senior Counsel


    • Washington, DC
    • Office202.585.8322
    • ksilverberg@nixonpeabody.com

    I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program

    • Download vCard
    • Share
    • LinkedIn Profile

    Introduction

    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.

    Practice Areas

    TaxInternational Private ClientsM&A and Corporate TransactionsTrusts, Wills, and EstatesOpportunity Zones

    Industries

    Arts & Cultural InstitutionsHigher EducationHealthcareConsumer

    My focus

    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.

    Looking ahead

    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.

    Insights

    • “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).

    Admitted to practice

    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

    Education

    Georgetown University Law Center, J.D.
    University of Michigan, B.A., Economics

    Professional activities

    • 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

    Recognition

    Ken was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 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.

    Pro bono services

    • General Counsel – The National Recording Preservation Foundation
    • General Counsel – SCORE (Service Corps of Retired Executives)
    • General Counsel – Rogue Sports, Inc.

    In the News

    • The American Lawyer

      Deal Watch: Private equity hits new heights

      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.

      Nov 22, 2021
    • Bloomberg Law

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

      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.

      Nov 18, 2021
    • Tax Credit Advisor

      To deduct interest or depreciation?

      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.
      March 1, 2021
    • Law.com

      Compliance Hot Spots

      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.
      June 9, 2020
    • Boston Globe

      Capitalizing on Supreme Court’s Wayfair decision could be tricky for Mass. tax collectors

      Washington DC Corporate partner Ken Silverberg is quoted in this article on how the Supreme Court’s recent ruling on the collection of sales taxes for online purchases could impact Massachusetts.
      Aug 10, 2018
    • Hearst Television

      The new tax plan could impact charitable giving

      Washington DC M&A and corporate transactions partner Ken Silverberg is interviewed in this news segment about how the new tax plan may affect charitable giving.
      Jan 1, 2018
    • Hearst Television

      Americans rush to pay property taxes before new year

      Washington DC M&A and corporate transactions partner Ken Silverberg provides commentary in this news segment about which Americans benefitted from pre-paying their property taxes before the new tax legislation took effect.
      Dec 27, 2017
    • WCVB-TV (Hearst Television Affiliate)

      Republicans unveil their tax overhaul plan

      Washington DC M&A and corporate transactions partner Ken Silverberg is interviewed in this segment about Congressional Republicans’ proposed tax code overhaul.
      Nov 2, 2017
    • Planet Money by NPR

      Episode #799: Corporate! Income! Tax!

      Washington DC M&A and corporate transactions partner Ken Silverberg is interviewed in this podcast about the proposed changes to the corporate income tax.
      Oct 11, 2017
    • Forbes

      Do Teleworkers Cause Tax Trouble?

      This article references Nixon Peabody’s Tax Blog post about teleworking employees that could subject an employer to new corporate income taxes.
      Nov 14, 2013

    Insights And Happenings

    View All
    • Alert

      Rethinking the Post-COVID workforce

      Feb 24, 2021
    • Alert

      Residential rental property businesses may be eligible for 2018 and 2019 income tax refunds

      Jan 21, 2021
    • Article

      COVID-19 relief roundup: Tax-related provisions for businesses

      May 13, 2020
    View All

    Professionals in the Practice Area

    View All
    • Sean Clancy

      Partner / Co-leader, Tax
      • Washington DC
      • Office:202.585.8332
      • sclancy@nixonpeabody.com
      Sean Clancy
    • Shahzad A. Malik

      Partner / Co-leader, Tax
      • Los Angeles
      • Office:213.629.6039
      • smalik@nixonpeabody.com
      Shahzad A. Malik
    • Patrick (Rick) M. Cox

      Partner
      • New York
      • Office:212.940.3066
      • pcox@nixonpeabody.com
      Patrick (Rick) M. Cox
    • Brian Kenney

      Associate
      • Washington DC
      • Office:202.585.8380
      • bkenney@nixonpeabody.com
      Brian Kenney
    • Forrest David Milder

      Partner
      • Boston
      • Office:617.345.1055
      • fmilder@nixonpeabody.com
      Forrest  David Milder
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL