Tax Credit Controversy

Overview

Within BakerHostetler’s Tax Controversy and Litigation practice, we have attorneys with specific experience representing clients whose tax credit transaction is being challenged by the Internal Revenue Service (IRS).

Our firm’s thorough understanding of the technical requirements for the various tax credits (specifically NMTCs, HTCs, and LIHTCs), combined with our experience with all stages of an IRS challenge (e.g., administrative audit, appeals, post-appeals mediation and litigation) and our attorneys’ backgrounds, which include attorneys formerly with the IRS, U.S. Department of Justice, U.S. Tax Court and U.S. Department of the Treasury, provide our clients with a significant competitive edge when responding to a challenge brought by the IRS centering around a tax credit.

Our tax credit controversy experience includes representing clients with respect to satisfaction of “qualified rehabilitation expenditure” and other regulatory requirements, HTC pass-through elections, tax-exempt use, interaction with easement donations, and partnership issues, including Historic Boardwalk based challenges.

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  • Represented dozens of developer clients in connection with IRS TEFRA examinations, resulting in no change to historic tax credits claimed.
  • Successfully settled with IRS Appeals regarding several challenges to the qualification of historic tax credits claimed in connection with the rehabilitation of a performing arts center.
  • Utilizing the IRS Appeals Fast Track settlement program, successfully resolved challenges to tax credits claimed in connection with the conversion of a historic church property to commercial office space.

Select Experience

  • Represented dozens of developer clients in connection with IRS TEFRA examinations, resulting in no change to historic tax credits claimed.
  • Successfully settled with IRS Appeals regarding several challenges to the qualification of historic tax credits claimed in connection with the rehabilitation of a performing arts center.
  • Utilizing the IRS Appeals Fast Track settlement program, successfully resolved challenges to tax credits claimed in connection with the conversion of a historic church property to commercial office space.
  • Currently representing a Fortune 500 client in connection with IRS challenge to partnership characterization of historic tax credit investment.
  • Currently serving as counsel to a real estate development group in connection with the IRS examination of the conversion of a historic industrial property to a 75,000 square foot aquarium.

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