Alexander J. Szilvas

Experience

Real Estate Tax Credit Financing Transactions

• Has done significant work involving the tax planning, structuring and financing of projects utilizing federal and state tax credits throughout the United States, especially historic tax credits and new markets tax credits, with particular experience advising on sophisticated joint ventures and leasing arrangements in the context of facilitating project financing and achieving tax efficiencies.
• Advises on strategies and structures for facilitating these financing transactions while optimizing the tax results. Structures frequently involve the monetization of tax credits and the participation of tax credit investors, as well as the involvement of other governmental subsidies, and the integration of these along with various additional sources of funding in the capital stack for a given project.
• Has counseled on projects involving the renovation and restoration of landmark structures all across the country, including historic theaters, hotels, office buildings and facilities of higher education. Many of these have utilized combinations of federal and state historic tax credits, new markets tax credits and other subsidies.

Real Estate Section 1031 Transactions

• Has worked extensively in the area of tax-free like-kind exchanges of real estate under Section 1031 of the Internal Revenue Code, including complex planning under the deferred exchange, multiple property exchange and reverse exchange rules, as well as in the areas of tenancy in common structuring and installment sale transactions. 
• Representative experience includes serving as developers' tax counsel and advising on the successful completion of like-kind exchange transactions involving well more than a billion dollars of real estate. Deals have included many high-profile transactions across the country involving properties such as well-renowned high-rise buildings in New York City and regional shopping malls in California and throughout the country, as well as large office buildings, hotels and apartment communities nationwide. 

Real Estate Tax Planning and Structuring

• Has substantial experience in advising on the tax planning and structuring of acquisitions, dispositions, mergers, split-ups, financings, refinancings, leases, exchanges and other transactions involving real property.
• Has performed sophisticated tax and personal planning in other areas for developers, closely held business owners and real estate professionals, especially in areas relating to tax-preferred forms of ownership for holding assets, tax-advantaged operating structures and wealth transfer transactions.
• Has assisted clients in realizing considerable tax savings in the context of loan restructurings, workouts and debt modifications.

Tax Controversy

• Has significant experience in tax controversy work and the successful resolution of such matters. Has represented clients in a variety of tax controversies in the federal court system, including the U.S. Tax Court, U.S. Federal District Court, and the U.S. Court of Appeals for the Sixth Circuit, as well as at the IRS audit and appeals levels. These cases have involved many diverse substantive areas of tax law, including debt/equity classification, employee/independent contractor characterization, amortization of intangible assets and accumulated earnings tax application.
• Was part of the BakerHostetler Tax Litigation team that won a significant decision in the United States District Court regarding the status of a class of salespersons as independent contractors rather than as employees. This case, Cleveland Institute of Electronics, Inc. v. U.S., is still the leading case decided under Section 3508 of the Internal Revenue Code dealing with the tax treatment of real estate agents and direct sellers.