Federal Real Estate and Partnerships Tax Conference 2022 (presented by NYU School of Professional Studies) – [Two-Day Event]

Andrea M. Whiteway
Stephen M. Breitstone
Jerome M. Hesch
Joseph Medina
Brian J. O’Connor
Paul H. Wilner
Robert D. Schachat
Steven R. Schneider
Glenn M. Johnson
Holly Porter
Audrey W. Ellis
James B. Sowell
Steven Gilbert
Jennifer Ray
Ryan P. McCormick
David Friedline
Michael Hirschfeld
Andrea M. Whiteway | Principal at Ernst & Young
Stephen M. Breitstone | Meltzer Lippe
Jerome M. Hesch |
Joseph Medina | EY Private Client Services
Brian J. O’Connor | Venable LLP
Paul H. Wilner | Grossberg Company
Robert D. Schachat | BDO USA, LLP
Steven R. Schneider | Stroock & Stroock & Lavan LLP
Glenn M. Johnson | EY National Tax
Holly Porter | Internal Revenue Service
Audrey W. Ellis | Pricewaterhouse Coopers LLP
James B. Sowell | KPMG LLP
Steven Gilbert | Deloitte Tax LLP
Jennifer Ray | Deloitte Tax LLP
Ryan P. McCormick | The Real Estate Roundtable
David Friedline | Deloitte Tax LLP
Michael Hirschfeld | Andersen Tax
On-Demand: June 9-10, 2022
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Program Summary

Two-Day Conference June 9-10, 2022

Attend the NYU School of Professional Studies Federal Real Estate and Partnerships Tax Conference to receive a comprehensive overview and up-to-date coverage on the new changes, latest rulings, regulations, and hot new trends affecting real estate and partnership taxation. Nationally recognized experts guide attendees through in-depth panel discussions that cover the most advanced tax issues.

At the Conference, you will:

  • Learn about the latest developments, recent legislation, cases, and rulings affecting real estate and partnership transactions.
  • Obtain up-to-date analyses on important new developments, including how to navigate the federal income tax issues associated with debt forgiveness and workouts, issues arising in leasing transactions, and current trends in opportunity zones.
  • Develop a working knowledge of the current issues in like-kind exchanges, new opportunities for cross-border real estate investment, debt workouts, Section 752 regulations and transactions, and more.

Key topics to be discussed:

  • Working with The Section 752 Partnership Liability Allocation Rules
  • Estate Planning for Real Estate Entrepreneurs, Estate Freezes Using Partnerships
  • Conducting pay audits and establishing a defense to a disparate pay claim
  • Creative Deal Structures
  • Hot Topics in Like-Kind Exchanges
  • Update on Recent And Pending Developments From The Government Perspective
  • Back to Basics, Built-In Gains and Losses, Section 704(C)
  • Troubled Business Workouts
  • Deferred Revenue in Partnership Transactions
  • Legislative outlook for real estate
  • Creative Planning for Cross-Border Real Estate Investment
  • Lease Modifications

Date: June 9-10, 2022

Closed-captioning available

Speakers

Andrea-M.-Whiteway_Principal-at-Ernst-&-Young_myLawCLEAndrea M. Whiteway | Principal at Ernst & Young

Andrea Macintosh Whiteway is a principal in the National Tax Department of Ernst & Young LLP, based in Washington, D.C. She has substantial experience in sophisticated tax planning involving the use of partnerships, including in the dispositions and acquisitions of real estate and operating businesses, complex partnership transactions, real estate investment trust (REIT) tax status and tax structured dispositions of real estate involving REITs, corporate acquisitions and mergers, corporations and structuring private REITs.

Andrea advises on forward and reverse like-kind exchanges and exchanges of tenancy in common interests in real estate. Andrea has been listed in the 2008 to 2017 editions of The Best Lawyers in America in the area of tax law and has also been selected as a fellow of the American College of Tax Counsel. She is ranked by The Legal 500 United States and Chambers USA as a leader in her field. Washingtonian Magazine named her as one of the top lawyers in Washington, D.C.

Andrea is also recognized in Washington D.C. Super Lawyers. She is AV rated by Martindale Hubbell and has the highest rating by AVVO. Andrea had the honor of being the first woman to serve as chair of the Real Estate Committee of the American Bar Association Section of Taxation and currently serves on the Section of Taxation Nominating Committee. She also serves as Chair of the Federal Taxation of Real Estate Committee of the American Bar Association Section of Real Property, Trusts and Estates. She serves on the Advisory Board of the NYU Institute on Federal Taxation. She is also a former member of the steering committee of the District of Columbia Bar Section of Taxation and a past Chair of its Pass throughs and Real Estate Committee.

Andrea is an active member of Urban Land Institute. She also serves on the Tax Policy Advisory Committee of the Real Estate Roundtable and is a member of the National Association of Real Estate Investment Trusts. Andrea is the author of over 100 professional articles and has delivered more than 100 lectures on tax topics at conferences across the United States, including at the Tax Executives Institute, NYU Federal Tax Institute, Texas Federal Tax Institute, Tulane Tax Institute, ABA Tax Section Meetings, AICPA Conferences, ALI ABA and Practising Law Institute seminars, University of Texas School of Law Tax Conference, Federal Bar Association and District of Columbia Bar Association programs. Andrea was recognized as one of Maryland’s Top 100 Women for 2007 by The Daily Record which presents this award to “high-achieving Maryland women who are making an impact through their leadership, community service and mentoring.”

 

Stephen-M.-Breitstone_Meltzer-Lippe_myLawCLEStephen M. Breitstone | Meltzer Lippe

Stephen M. Breitstone is Chair of the firm’s Private Wealth and Taxation Practice Group. His approach combines business planning and income, estate and gift tax planning with a special emphasis on real estate. His clients include domestic and international real estate owners and developers, closely held businesses, public companies, private equity funds, trusts and estates, and charitable organizations. His combination of skills as a transactional and income tax attorney and as an estate planner enables him to effectively advise clients on their individual needs and those of their businesses.

He frequently serves as general counsel and financial and business advisor to several of his clients and has been an expert witness in litigation over Section 1031 exchange transactions. He has been an adjunct professor, teaching Tax and Business Planning for Real Estate Transactions and Taxation of Partnerships at Cardozo Law School and is a Fellow of both the American College of Trusts and Estates Council (“ACTEC”) and the American College of Tax Council (“ACTC”). He is currently a co-chair of ABA’s Sales, Exchange and Basis Committee (“SEB”) and a Fellow of the American Bar Foundation.

He has presented papers at the NYU Institute on Federal Taxation, Practicing Law Institute, Notre Dame Tax and Estate Planning Institute, Bloomberg BNA Tax Management, National Multi-Housing Conference, Jeremiah Long Section 1031 Conference, Federation of (1031) Exchange Accommodators, etc.

His style of practice is personal, not institutional; and his clients’ goals and objectives are his priority. He has been interviewed on tax and financial topics by local and national media, including CBS, ABC, Fox, Fox Business News, The New York Times, the Wall Street Journal, and Bloomberg, among others.

 

Jerome-M.-Hesch_myLawCLEJerome M. Hesch |

Serves as an income tax and estate planning consultant for lawyers and other tax planning professionals throughout the country. He is Special Tax Counsel to Oshins & Associates in Las Vegas Nevada, Dorot & Bensimon, in Aventura, Florida, Jeffrey M. Verdon Law Group, in Newport Beach, California and Meltzer, Lippe, Goldstein & Breitstone, in Mineola, New York. He is the Director of the Notre Dame Tax and Estate Planning Institute, scheduled next year for October 29 and 30, 2020 in South Bend, Indiana, on the Tax Management Advisory Board, a Fellow of both the American College of Trusts and Estates Council and the American College of  Tax Council and is in the NAEPC Estate Planning Hall of Fame.

He has published numerous articles, Tax Management Portfolios, and co-authored a law school casebook on Federal Income Taxation, now in its fourth edition. He has presented papers for the University of Miami Heckerling Institute on Estate Planning, the University of Southern California Tax Institute, the Southern Federal Tax Conference, the AICPA, and the New York University Institute on Federal Taxation, among others. He has participated in several bar association projects, including the Drafting Committee for the Revised Uniform Partnership Act.

He received his BA and MBA degrees from the University of Michigan and a JD degree from the University of Buffalo Law School. He was with the Office of Chief Counsel, Internal Revenue Service, Washington, D.C. from 1970 to 1975, and was a full-time law professor from 1975 to 1994, teaching at the University of Miami School of Law and the Albany Law School, Union University. He is currently an adjunct professor of law, having taught courses in the past at the Vanderbilt University Law School, Florida International University Law School, the University of Miami School of Law Graduate Program in Estate Planning, Nova Universty School of Law and the On-Line LL.M. Programs at the University of San Francisco Law School and the Boston University School of Law.

 

Joseph-Medina_EY-Private-Client-Services_myLawCLEJoseph Medina | EY Private Client Services

Managing Director, National Tax – Private Client Services, Ernst & Young LLP Joe has spent his over fourteen year career advising multi-generational families, closely-held businesses and their owners, and high net worth individuals in both their income and transfer tax needs.

As an advisor, Joe supports his clients on a number of topics including, family office structuring, succession planning, post-mortem planning, and charitable/legacy gifting. Joe has extensive experience in the impact of pass-through investments on their owners, stock based compensation, and charitable contributions. Joe regularly develops and delivers both internal and external presentations on recent developments on legislation, case law, and other guidance in the estate, gift, trust, and individual income tax arena.

Joe is a Certified Public Accountant and received his Bachelor of Business Administration and Master of Science in Accountancy from Texas A&M University Joe regularly develops and delivers both internal and external presentations about recent developments in legislation, case law and other guidance in the estate, gift, trust and individual income tax arena.

 

Brian-J.-O’Connor_Venable-LLP_myLawCLEBrian J. O’Connor | Venable LLP

Brian O’Connor co-chairs the Tax and Wealth Planning Group for the national law firm of Venable and practices in its Baltimore, MD, Washington, DC and Tysons Corner, VA offices. In addition to his role of managing the Tax and Wealth Planning Group, Mr. O’Connor provides sophisticated tax and business advice to publicly-traded and closely-held businesses and their owners. His practice focuses on foreign and domestic tax matters for partnerships, limited liability companies, joint ventures, both C and S corporations, real estate investment trusts (“REITs”) and regulated investment companies (“RICs”). He is also regularly consulted by wealthy individuals and entrepreneurs on federal and state income tax matters and federal estate and gift tax issues.

Mr. O’Connor is an adjunct professor in the graduate tax program at Georgetown University Law Center where he teaches an advanced course on partnership taxation and the preparation of partnership and limited liability company agreements. Before joining Venable, Mr. O’Connor was an attorney-advisor for the Office of Chief Counsel for the Internal Revenue Service in Washington, DC where he worked on high profile legislative projects, regulations and other published guidance relating to partnerships, S corporations, trusts, common trust funds and cooperatives.

Mr. O’Connor received his J.D., Magna Cum Laude, from Washington and Lee University and his LL.M., with distinction and the program’s highest possible grade point average, from Georgetown University Law Center.

 

Paul-H.-Wilner_Grossberg-Company-LLP_myLawCLEPaul H. Wilner | Grossberg Company LLP

Paul Wilner is the firm’s managing partner with more than 35 years of experience. He also heads Grossberg Company LLP’s Tax practice. Paul has vast career experiences, especially within the areas of troubled business workouts, complex real estate transactional planning, comprehensive tax planning for high-net-worth individuals, partnership taxation and all phases of the real estate industry and related fields. His practice also focuses on estate, gift and trust taxation, business and real property acquisition due diligence analysis and IRS tax controversy matters.

Paul has served as an expert witness in both criminal and civil tax matters and has provided expert testimony before the US Treasury. Washingtonian Magazine named him one of the top tax accountants in Washington D.C. and he is author of various articles on real estate and partnership taxation. He is a frequent instructor at national tax conferences and programs, including the American institute of Certified Public Accountants (“AICPA”) National Federal Tax Conference, the AICPA’s National Real Estate Tax Conference, NYU’s National Partnership and Real Estate Tax Conference, MICPEL Annual Tax Seminars, the College of William and Mary School of Law, the Kentucky Institute of Taxation, AICPA Small Business Conference, and several other tax conferences and seminars held throughout the country.

Firm Activities
Managing Partner/ Lead Tax Partner
Technical Quality Control, Real Estate and Estate and Gift Taxation
Business and Transactional Consulting
IRS Tax Controversy Matters

Professional Organizations
Served as/on:
Tax Executive Committee, American Institute of Certified Public Accountants (AICPA)
AICPA Tax Executive Committee: Technical Reviewer – Partnership, S Corp., and Individual Tax Committees
Chair NYU annual National Real Estate and Partnership Tax Conference
Chair AICPA’s National Partnership Technical Resource Panel (partnership taxation committee)
Chair AICPA’s annual National Real Estate Tax Conference
Chair AICPA Task Force on Debt Reduction Basis Adjustments
Chair of Greater Washington Society of CPA’s Federal Taxation Committee
Member of AICPA (American Institute of Certified Public Accountants)
Member of AICPA’s Federal Tax Division
Chair of AICPA’s Task Force on Partnership Debt Allocations
Member of AICPA Tax Shelter Regulation Task Force
Member of Executive Committee, Jeffrey Henry International; Region of the Americas

Professional Development
Expert Witness Testimony before Treasury
Expert Witness for criminal and civil taxation matters

Author
Relief for Real Estate Professionals From Passive Activity Loss Rules,
TAX IDEAS, Warren, Gorham & Lamont
Disguised Sale Rules, §707(A), Taxation for Accountants, WG&L
Associated Accounting Firms International Booklet on Tax Aspects of Domestics Relations
Jeffreys Henry International Tax Planning Opportunities Guide
Associated Accounting Firms International, Year End Tax Planning Strategies

Lecturer/Instructor
The College of William and Mary, School of Law
NYU Real Estate and Partnership Tax Conferences
D.C. Bar / GWSCPA Pass-through Taxation Division
GWSCPA on Taxation of Real Estate
D.C. Bar Residential Property Committee
Kentucky Institute of Taxation
AICPA National Conference on Taxation and National Real Estate Tax Conference
MICPEL Annual Tax Seminar
Guest Instructor / Lecturer numerous other seminars on Taxation and Business
Listed in Washingtonian Magazine as one of the Top Tax Accountants in Washington D.C.

Career Experience
Comprehensive Tax Planning for High Net Worth Individuals and Family Groups
Specialization in Partnership Taxation and all phases of Real Estate Industry and related fields
Estate, Gift and Trust Taxation
Transactional Tax and Business Consulting
Business and Real Property Acquisition Due Diligence Analysis

 

Robert-D.-Schachat_BDO-USA,-LLP_myLawCLERobert D. Schachat | BDO USA, LLP

Bob has more than 40 years’ experience advising clients in all federal income tax aspects of real estate, including REIT, partnership, limited liability company and S corporation formations, acquisitions, like-kind exchanges, development, leases, financings, workouts, dispositions and liquidations. He has also advised clients on a regular basis in monitoring federal legislative and regulatory activity in the real estate area.

Bob joined BDO in 2021 after 23 years in the National Tax Real Estate Group of a big four accounting firm and 12 years as a partner in a Manhattan law firm practicing in the taxation of real estate. Bob has published many articles and lectures frequently at many real estate industry and tax conferences. He is co-author with Jim Lowy of the CCH treatise, Taxation of REITs and UPREITs.

Bob has served as Chair of the Real Estate Committee of the ABA Section of Taxation, Vice Chair of the Tax Policy Advisory Committee of the Real Estate Roundtable and cochair of the Cost Recovery Committee and as a member of the Executive Committee of the NYSBA Tax Section, and he continues to serve as a member of the Government Relations and Real Estate Committees of the ABA Section of Taxation.

 

Steven-R.-Schneider_Stroock-&-Stroock-&-Lavan-LLP_myLawCLESteven R. Schneider | Stroock & Stroock & Lavan LLP

Steven is a nationally recognized tax lawyer who focuses his practice on transactional, controversy and tax policy matters. He has significant tax experience in mergers & acquisitions, private equity and real estate funds, qualified opportunity zone funds, bioscience, cross-border tax, partnerships, real estate, REITs, international investors (including sovereigns), and S corporations.

He started his career as a lawyer in the IRS’ national office and has had many years of national-level law firm and Big-4 accounting firm experience. Mr. Schneider also previously chaired the ABA Partnership Tax Committee. He has been teaching an advanced tax course on drafting partnership and LLC agreements at Georgetown University Law Center since 2005, is a regular speaker at national tax venues, and has published numerous articles.

 

Glenn-M.-Johnson_EY-National-Tax_myLawCLEGlenn M. Johnson | EY National Tax

Glenn is a Principal in Ernst & Young LLP’s US National Tax Department. Glenn leads the US PPP Infrastructure Tax Practice and is the Director of the Leasing Tax Services. Glenn is experienced in planning leasing and other asset-based structured transactions. Also, Glenn has provided US tax services with respect to many infrastructure projects where he advises on a wide range of tax issues to both developers and owners. In addition, Glenn has worked with domestic and foreign manufacturers in establishing and operating captive leasing and finance companies. Further, Glenn has significant experience concerning deferred like-kind exchange transactions where he advises on a wide range of tax and operational issues.

Glenn, who joined Ernst & Young in 1998, earned his LL.M. in Taxation from Georgetown University Law School; his J.D., with honors, from Boston University School of Law; and his B.A. in Economics from Wesleyan University. Glenn also is active in a number of civic and charitable organizations.

Glenn currently is and has been a member of the Equipment Leasing and Finance Association Federal Tax Committee for over 13 years. Glenn is the former American Bar Association Chair of the Capital Recovery and Leasing sub-committee. Glenn is a member of EY’s Federal Income Tax Committee and leads EY’s Infrastructure Tax Committee.

 

Holly-Porter_Internal-Revenue-Service_myLawCLEHolly Porter | Internal Revenue Service

Holly Porter is the Associate Chief Counsel (Passthroughs & Special Industries). She leads a division of approximately 80 attorneys and other professionals responsible for legal guidance and litigation support on the taxation of partnerships, S Corporations, and trusts, business credits including the research credit, low income housing credit, and energy credits, estate and gift taxation, natural resource taxation, and excise taxes. She advises the Chief Counsel and Deputy Chief Counsel on all matters within the division’s subject matter jurisdiction and closely coordinates with the Office of Tax Policy in the Department of Treasury, the Internal Revenue Service Division Counsel, and the Tax Division of the Department of Justice on published guidance, case specific advice to the Service, and litigation support in docketed cases at the trial and appellate levels.

Previously, Ms. Porter served in the Office of Chief Counsel as a branch chief in Passthroughs. Before joining Chief Counsel, Ms. Porter was a tax counsel to the United States Senate Committee on Finance, where she advised the Committee Chairman, members of the Committee, and staff on all matters related to passthrough taxation and small business, accounting issues, tax patents, state and local taxes, and job incentives. She drafted and reviewed legislation, and worked with stakeholders in Treasury, the Service, and elsewhere in the tax community. Earlier in her career, she was a tax attorney at two law firms, Miller & Chevalier and Paul, Hastings, Janofsky & Walker, and served as an attorney advisor to the District of Columbia Office of Tax and Revenue.

Ms. Porter received her B.A. in Political Science from the University of California, Berkeley in 1988 and her J.D. from the University of Virginia School of Law in 1992.

 

Audrey W. Ellis_Pricewaterhouse Coopers LLP_myLawCLEAudrey W. Ellis | Pricewaterhouse Coopers LLP

Audrey Ellis is a Managing Director in the PricewaterhouseCoopers LLP Washington National Tax Services Office in Washington, D.C. Since joining PwC, Audrey has specialized in the taxation of partnerships, limited liability companies, joint ventures, and S corporations. Audrey has been actively involved in assisting numerous public and private companies in addressing federal tax matters including, the structuring and negotiation of complex partnership arrangements; drafting requests for private letter rulings and closing agreements; providing advice with respect to IRS examinations and prefiling agreements; and, structuring partnership employee compensation arrangements.

Prior to joining PwC, Audrey was senior counsel for the IRS Office of Chief Counsel (Passthroughs and Special Industries). During her nine years at the IRS, she worked closely with senior IRS and Treasury attorneys on several significant partnership projects including proposed regulations addressing the treatment of partnership options and convertible debt, and proposed regulations addressing the treatment of partnership interests (capital and profits) issued in connection with the performance of services. Audrey also drafted and reviewed private letter rulings on a number of issues including, rulings on partnership issues, including issues with respect to publicly traded partnerships; S corporation terminations and elections; and, the income taxation of trusts. Audrey has participated in a number of panel discussions with senior government attorneys and lectured on a number of tax topics at tax institutes throughout the United States. She received an undergraduate degree from the Pennsylvania State University, a J.D. from Cornell Law School, and an LL.M. in Taxation from the Georgetown University Law Center.

 

James-B.-Sowell_KPMG-LLP_myLawCLEJames B. Sowell | KPMG LLP

Mr. Sowell is a former chairman of the Real Estate Committee of the American Bar Association (Tax Section) and a former vice chairman of the Tax Policy Advisory Committee of the Real Estate Roundtable. He is a member of the National Association of Real Estate Investment Trusts, where he is an active participant on the Government Relations Committee.

Mr. Sowell also is on the Board of Trustees for the Southern Federal Tax Institute, where he formerly served as President.

Mr. Sowell has written articles for various publications and speaks at numerous conferences. Before joining KPMG, Mr. Sowell was with the national tax offices of other major accounting firms. Prior to that time, Mr. Sowell was with the U.S. Department of Treasury (Office of Tax Policy) where he served first as an attorney advisor and then as an associate tax legislative counsel.

While at the Treasury Department, Mr. Sowell was primarily responsible for administrative guidance and legislation involving partnerships, real estate investment trusts, like-kind exchanges, and other issues. The many matters that Mr. Sowell was involved in while at Treasury included the regulations relating to partnership mergers and divisions, the partnership basis adjustment regulations, the regulations relating to amortization of intangible property, and the legislation relating to taxable REIT subsidiaries. Prior to the Treasury Department, Mr. Sowell was an associate at King & Spalding LLP in Atlanta, Georgia. Mr. Sowell was chief tax editor of the Florida Law Review and was a graduate editor of New York University’s Tax Law Review.

 

Steven-Gilbert_Deloitte-Tax-LLP_myLawCLESteven Gilbert | Deloitte Tax LLP

Steven Gilbert is a managing director in the Washington National Tax Passthroughs Group of Deloitte Tax LLP specializing in the federal taxation of partnerships.
Steve has more than ten years of experience advising clients on U.S. federal income tax issues. Steve specializes in the taxation of partnerships and partners in domestic and cross-border mergers and acquisitions, financing transactions, and restructurings, with an emphasis on private equity and energy fund planning (including “flip” partnerships). Steve has significant experience in structuring M&A transactions and pre- and post-acquisition restructurings involving passthrough entities; private equity fund formation, structuring, and planning; wind energy and solar energy partnership structuring and tax modeling; and managing profit unit plans.

Steve received his J.D. in 2009 from the Georgetown University Law Center, where he also was a member of the journal The Tax Lawyer. Steve received his B.A. from Yale University in 2004

 

Jennifer-Ray_Deloitte_myLawCLEJennifer Ray | Deloitte

Jennifer Ray is a principal in the Washington National Tax Passthroughs Group of Deloitte Tax LLP. Jen specializes in issues arising in connection with the use of partnerships in mergers and acquisitions, financing transactions, and restructurings.

Before joining Deloitte, Jen practiced law as a partner in the Washington, D.C., office of an international law firm. Jen is a frequent lecturer at some of the country’s leading tax conferences including those organized by the American Bar Association, Tax Executives Institute, University of Chicago, Federal Bar Association, the DC Bar, and Practicing Law Institute. Jen has published numerous articles on partnership tax matters including in Tax Analysts, Tax Executive, Law360, and Taxation of Financial Products.

Jen received her J.D., magna cum laude, from Harvard Law School, where she was an executive editor of the Journal of Law and Public Policy. She received her A.B. from Princeton University.

 

Ryan-P.-McCormick_The-Real-Estate-Roundtable_myLawCLERyan P. McCormick | The Real Estate Roundtable

Ryan McCormick is Senior Vice President and Counsel at The Real Estate Roundtable, where he oversees tax policy activities. The Real Estate Roundtable brings together leaders of the nation’s top real estate ownership, development, lending and management firms and leaders of major national real estate trade associations to jointly address key national policy issues. Most recently, Ryan coordinated industry-wide advocacy efforts in Washington focused on tax reform legislation. Ryan joined the Roundtable in 2013 after serving nearly 11 years in the U.S. Senate as a tax and economic policy advisor for Senators Daniel Patrick Moynihan, John Kerry, Joseph Lieberman, Bob Graham, and Bill Nelson. He also served as Staff Director of the Senate Finance Subcommittee on Fiscal Responsibility and Economic Growth. Previously, Ryan practiced tax law at Miller & Chevalier in Washington, D.C., the oldest tax law firm in the country. He is a graduate of Georgetown University (BS); Sciences-Po in Paris, France (CIEP); and the University of Texas School of Law (JD). From 2000 to 2001, Ryan researched tax reform in West Africa as a Fulbright Scholar.

 

David-Friedline_Deloitte-Tax-LLP_myLawCLEDavid Friedline | Deloitte Tax LLP

David is a partner in our New York office and is the leader of Global Funds Tax Advisory Services Group and the Homebuilding Industry Group. He has a nationwide practice with over 30 years of real estate, private equity, and infrastructure industry experience serving a wide variety of closed and open-end funds, public REITs, and home builders. David has a very practical and commercial approach to serving clients having served for several years as senior tax counsel and tax director to the London and Stamford offices of GE Capital.

David has vast experience advising clients on the U.S. tax aspects of a wide array of domestic and cross-border investments, including formation of partnerships and joint ventures, M&A transactions and due diligence, capital raising and fund-formation, debt-workouts and purchases of debt portfolios, leasing and tax-deferred exchanges, real estate securitizations, and separate accounts. He commonly advises investment managers on the unique tax considerations of institutional investors, including FIRPTA, ECI, the Section 892 and qualified foreign pension fund exemptions, and UBTI and common strategies to manage associated risks.

David is very active in both the Real Estate Committee of the American Bar Association’s Tax Section, for which he is Chair of the Subcommittee on Cancellation of Debt, and in the Tax Policy Advisory Committee of Real Estate Roundtable. David has been a speaker at programs and conferences for the Practicing Law Institute, ABA Tax Section, AICPA, AFIRE, USC Tax Institute, Real Estate Roundtable, NCREIF, New York Private Equity Network and has authored articles on a variety of partnership, international, and real estate tax topics for the Journal of Real Estate Taxation, Journal of Taxation of Financial Products Financial Products, and Major Tax Planning. He serves on the editorial board of the Journal of Real Estate Taxation and is a former Adjunct Professor of Partnership Taxation at Fordham University.

David obtained his accounting degree from Florida State University, College of Business, J.D. (with honors) from American University Law School, and studied tax law at Georgetown University Law Center.

 

Michael-Hirschfeld_Andersen-Tax_myLawCLEMichael Hirschfeld | Andersen Tax

Michael Hirschfeld is a Managing Director in the firm’s US National Tax office, where he focuses on international, partnership, corporate and real estate tax planning and compliance. Michael has over 40 years of experience with tax issues that affect partnerships/LLCs, REITs, cross-border investing, real estate acquisition, finance and investment, private equity, distressed debt, mergers and acquisitions, pharmaceutical, energy, and clean technology clients.

Michael was the chair of the Tax Section of the American Bar Association and a member of the Executive Committee of the Tax Section of the New York State Bar Association. Michael was also the former chair of the American Tax Policy Institute. Currently, he is an officer of the Section of Real Property, Trust and Estate Law of the American Bar Association.

He is recognized as a leading tax professional in global publications, including Best Lawyers in America, Who’s Who in America, The International Who’s Who of Business Lawyers, The International Who’s Who of Corporate Tax Lawyers and New York Super Lawyers.

Michael is a frequent lecturer at the Practicing Law Institute, the American Bar Association’s Tax Section and Section on Real Property, Trust and Estate Law, New York University, TexFed Tax Institute, Tax Executives Institute, American Law Institute, the Association of the Bar of the City of New York, the International Fiscal Association and other organizations. He also published over 50 articles for Probate and Property (a publication of the ABA Section of Real Property, Trust and Estate Law), The Journal of Taxation, The Journal of International Taxation and numerous additional global tax publications.

Agenda

DAY 1: THURSDAY, JUNE 9

Welcoming Remarks – Kathleen Costello, CMP | 8:25am – 8:30am

I. Working with The Section 752 Partnership Liability Allocation Rules – Andrea M. Whiteway, Esq. | 8:30am – 9:30am

The Section 752 partnership liability allocation rules present planning opportunities; this presentation explores the regulations and transactions, and cases in which the Section 752 regulations apply.

II. Estate Planning for Real Estate Entrepreneurs, Estate Freezes Using Partnerships – Stephen M. Breitstone, Esq., and Jerome M. Hesch, Esq. | 9:30am – 10:45am

This presentation explores the various planning techniques available to real estate entrepreneurs in the estate planning context.

Break | 10:45am – 11:00am

III. Opportunity Zones – Brian J. O’Connor, Esq., and Paul H. Wilner, CPA | 11:00am – 12:15pm

A panel discussion regarding the basic requirements, recent regulatory updates, and the real world aspects of investments in opportunity zones; as well as recent legislative proposals impacting opportunity zones.

Lunch Break | 12:15pm – 1:00pm

IV. Post-Luncheon Address: Ask the experts – Brian J. O’Connor, Esq., Robert D. Schachat, Esq., Steven R. Schneider, Esq., Andrea M. Whiteway, Esq., and Paul H. Wilner, CPA. | 1:00pm – 1:45pm

This session provides an outstanding opportunity for the audience to raise tax questions with a panel of leading experts.

V. Creative Deal Structures – Brian J. O’Connor, Esq., and Steven R. Schneider, Esq. | 1:45pm – 3:00pm

This session covers creative real estate deal structures related to transactions involving the formation of joint ventures with appreciated property or built-in loss property, contributions by non-owners (government subsidies, grants, and TIFs), recapitalizations, book-ups, book-downs, preserving negative capital accounts, conversion of debt into equity, and similar tax-driven transactional planning.

Break | 3:00pm – 3:15pm

VI. Hot Topics in Like-Kind Exchanges – Glenn M. Johnson, Esq., and Robert D. Schachat, Esq. | 3:15pm – 4:30pm

This panel covers a wide variety of recent developments impacting like-kind exchanges of real property, including related party transactions, leases, parking arrangements within and outside the safe harbor, construction exchanges, and refinancing before or after the exchange and foreclosures.

VII. Update on Recent And Pending Developments From The Government Perspective – Holly Porter, Esq., Andrea M. Whiteway, Esq., Paul H. Wilner, CPA. | 4:30pm – 5:00pm

An overview of recent and pending developments in partnership and real estate taxation from the government perspective. This is an opportunity to hear firsthand the view of a key government official about what’s important, why it’s important, and what the government is doing about it.

 

DAY 2: FRIDAY, JUNE 10

I. Back to Basics, Built-In Gains and Losses, Section 704(C) – Paul H. Wilner, CPA. | 8:30am – 9:45am

The presenter discusses the mechanics of Section 704(c) and reverse Section 704(c) allocations: the traditional method, ceiling limitation principles, traditional method with curative allocations, remedial allocation method, various operating rules in the Section 704(c) regulations, Section 704(c)(1)(C); anti-abuse provisions, tax distribution considerations, and planning concepts.

II. Troubled Business Workouts – Audrey W. Ellis, Esq., and James B. Sowell, Esq. | 9:45am – 11:00am

Given the impact of the Pandemic on business, understanding how to navigate the federal income tax issues associated with debt forgiveness and workouts is more important than ever. This presentation covers the issues associated with troubled businesses and debt restructuring/workouts with a focus on partnerships and real estate.

Break | 11:00am – 11:15am

III. Deferred Revenue in Partnership Transactions – Steven Gilbert, Esq., and Jennifer Ray, Esq. | 11:15am – 12:00pm

This session explores the treatment of deferred revenue in partnership transactions, including distributions of the associated cash, transfers of interests in partnerships that have deferred revenue, and contributions to partnerships that have deferred revenue.

Lunch Break | 12:00pm – 1:00pm

IV. Post-Luncheon Panel: Legislative outlook for real estate – Ryan P. McCormick, Esq. | 1:00pm – 2:00pm

This presentation focuses on current key national public policy issues and legislative actions under consideration as they affect the real estate industry as well as the overall economy.

V. Creative Planning for Cross-Border Real Estate Investment – David Friedline, Esq., and Michael Hirschfeld, Esq. | 2:00pm – 3:15pm

This presentation discusses how to structure foreign investment in US real estate, joint ventures with offshore investors, debt versus equity structures and withholding requirements and traps.

Break | 3:15pm – 3:30pm

VI. Lease Modifications – Glenn M. Johnson, Esq., and Robert D. Schachat, Esq. | 3:30pm – 4:45pm

This panel addresses issues arising in leasing transactions; including identifying a true lease, tax issues that arise with stepped or deferred rent, leasehold improvements, landlord work letters and other inducements, and tax treatment of lease terminations.

VII. Conference Concludes | 4:45pm – 5:00pm