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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 healthcare, education, and trade association sectors.
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 and I help them design and secure those solutions.
Corporate and M&A
A substantial part of the firm’s practice involves mergers, acquisitions, divestitures, changes of control, and related matters of corporate governance. I have handled the tax issues that arise in these transactions as part of our well-integrated corporate practice. Many of the most recent transactions I’ve worked on are SPACs and cross-border M&A deals.
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.
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).
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 US 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
In the news
- Law Street
Real estate revival
April 12, 2023This article covering the state of the US housing market highlights REAL Messenger’s SPAC merger with Nova Vision Acquisition Corp., mentioning NP for advising REAL Messenger in the deal. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also included Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, as well as Director of Global Strategies David Kaufman.
- The American Lawyer
Deal watch
April 3, 2023This roundup of recent deals across the M&A space mentions NP for representing REAL Messenger in its SPAC merger with Nova Vision Acquisition Corp. to become a publicly traded company. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also included Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, and Director of Global Strategies David Kaufman.
- Law360
Nixon Peabody guides real estate social app in $150 million SPAC merger
March 28, 2023This article mentions NP for advising REAL Messenger in its merger with special purpose acquisition company Nova Vision Acquisition Corp., allowing REAL Messenger to become a publicly traded company. The NP deal team was led by China and Asia-Pacific practice Managing Partner David Cheng and Chicago Office Managing Partner David Brown, both of the Corporate practice. The team also includes Washington, DC senior counsel Ken Silverberg, Chicago associate Marc Zhang, and Chicago paralegal Astrid McGruder, all of the Corporate practice, and Director of Global Strategies David Kaufman.
- The American Lawyer
Deal Watch: Private equity hits new heights
Nov 22, 2021This 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.
- Bloomberg Law
Four firms lead three-way SPAC to create new beauty platform
Nov 18, 2021This 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.
- 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
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
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2024 in the field of Tax Law; listed in Best Lawyers since 2015
- 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.
