Michelle M. Hervey

Partner

Cleveland
T +1.216.861.7290
F +1.216.696.0740

Overview

Michelle Hervey's practice focuses primarily on federal tax controversy and planning for partnerships, limited liability companies, real estate investment trusts and corporate clients. She also serves as tax counsel on public securities offerings and mergers and acquisitions. Responsive and perceptive of her clients' needs, Michelle provides practical and technical guidance that is enhanced by experience as a former CPA focused on partnership and expatriate tax issues.

Michelle serves as leader of the national Tax Controversy and Litigation team and is a member of the Hiring and Recruitment Committee for the Cleveland Office.

Select Experience

  • Represented a significant number of clients with IRS examinations of Tax Equity and Fiscal Responsibility Act (TEFRA) and non-TEFRA partnership issues involving historic tax credit and conservation easement partnerships. Advised clients regarding open space and historic preservation easement valuation and qualification matters, including substantiation, perpetuity and conservation purpose. Negotiated numerous taxpayer-favorable settlements during examination and at IRS Appeals, utilizing measures such as mediation, the Rapid Appeals Process and requests for technical advice.

  • Assisted clients in obtaining private letter rulings regarding diverse transactional and planning matters. Successfully obtained Section 9100 relief for late-filed elections, including taxable REIT subsidiaries and deferral of tax on income accrued in a Canadian Registered Retirement Savings Plan.

  • Advised clients in distinguishing real estate inventory/dealer property from property held for investment purposes. Negotiated several settlements with IRS Appeals preserving the capital gain treatment on bulk sales of real estate.

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Experience

  • Represented a significant number of clients with IRS examinations of Tax Equity and Fiscal Responsibility Act (TEFRA) and non-TEFRA partnership issues involving historic tax credit and conservation easement partnerships. Advised clients regarding open space and historic preservation easement valuation and qualification matters, including substantiation, perpetuity and conservation purpose. Negotiated numerous taxpayer-favorable settlements during examination and at IRS Appeals, utilizing measures such as mediation, the Rapid Appeals Process and requests for technical advice.

  • Assisted clients in obtaining private letter rulings regarding diverse transactional and planning matters. Successfully obtained Section 9100 relief for late-filed elections, including taxable REIT subsidiaries and deferral of tax on income accrued in a Canadian Registered Retirement Savings Plan.

  • Advised clients in distinguishing real estate inventory/dealer property from property held for investment purposes. Negotiated several settlements with IRS Appeals preserving the capital gain treatment on bulk sales of real estate.

  • Obtained favorable settlements in several Global High Wealth examinations and Tax Court proceedings, including matters relating to private aircraft ownership and usage.

  • Provided tax advice for a veterinary client regarding the acquisition of a specialty veterinary clinic structured as a tax-free contribution of assets.

  • Member of a team that represented an independent oil and gas company in its $1.2 billion senior notes offering, which set a new record for similar bond offerings and will enable the client to save more than $30 million per year on debt service over the next three years.

Recognitions and Memberships

Memberships

  • Tax Club of Cleveland: Board Member
  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

Emerging Issues

Prior Positions

  • Ernst and Young: Senior Tax Consultant

Admissions

  • U.S. Tax Court
  • U.S. District Court, Northern District of Ohio
  • Ohio

Education

  • J.D., Case Western Reserve University School of Law, 2000, summa cum laude, Order of the Coif
  • B.S., Case Western Reserve University, 1994, magna cum laude