Cases
Representative Matters: Over the years, Hans
his tax team have h
led numerous significant tax matters for wide-ranging clients, including the following: In a medical practice's corporate divorce, they worked to assure that payments made to the departing stockholder for stock would be deductible for tax purposes.
In the acquisition of an outside company by two unrelated businesses, they advised forming a joint venture that would allow one of the companies to utilize its losses to offset the operating income of the acquired business.
They advised a foreign company on the federal
state tax issues associated with the sale of a wholly-owned U.S. affiliate to that company's management.
For a foreign company interested in acquiring a domestic consulting company, they helped with various federal
state tax issues, including the requirement that notice of the transaction be given to various state taxing authorities
the seller's exposure for state sales taxes.
They advised a group of senior managers on the tax
business risks associated with a plan they had entered into to acquire the debt
equity interests of a principal stockholder,
helped them negotiate it.
They advised the parent of a Rhode Isl
utility on its state corporate tax exposure, negotiated a favorable settlement involving its liability
helped form a plan that eliminated future liability.
In the acquisition of assets of an operating business, they cautioned their client on the risks associated with acquiring celebrity goodwill from the principal stockholder of the selling company.
They've represented a number of movie production companies in the sale of assignable state tax-credits allowable under Rhode Isl
, Massachusetts
Connecticut laws for motion pictures produced in those states,
advised those companies on applicable rules relating to those credits.
They secured a private tax ruling from the Rhode Isl
Division of Taxation that a loan-out company that provided the services of its principal to a production company in a motion picture production was not covered by the Rhode Isl
employee leasing statute. As a result, the production company did not have secondary liability under that statute if the loan-out company did not withhold Rhode Isl
taxes on the salary due its principal. The case led the Division of Taxation to revise a prior policy.
They secured a written determination from the General Counsel of the Massachusetts Department of Revenue that the film tax-credit authorized by M.G.L. c. 63, Section 38T for qualifying costs to produce a motion picture in that state would not be affected if there was an error in the amount of Massachusetts withholding on payments made to loan-out companies for qualifying services in the production of the film.
For a university, they analyzed
developed a litigation strategy to be followed if its municipality attempted to partially subject its property to property tax-which could have resulted in a $1 million annual liability.
They worked with another university to develop a plan that would allow it, through a for-profit affiliate, to rehabilitate
lease a historic campus building
assign historic tax-credits to a third party.
For the Rhode Isl
Economic Development Corporation, they provided counsel on implementing a program that would allow the State to acquire historic tax-credits from developers at their wholesale value,
advised them on structuring their first acquisition of this type of credit in a project to rehabilitate the Masonic Temple in Providence.
They advised the management
directors of a non-profit, church-affiliated hospital on the federal
state tax considerations involved in forming a non-profit holding company to control the hospital
its possible acquisition by a non-secular non-profit hospital.
They advised a non-profit association of community mental-healthcare organizations on the structure of a joint venture that would involve a for-profit partner.
They counseled a university on various scenarios involving the use of management or service contracts with outside parties
the impact those agreements could have on the tax-exempt status of various obligations issued by the university.
They helped a tax-exempt civic organization restructure its activities so it could qualify as a charitable organization,
secured a determination on its status from the IRS.
Case Studies: AP&S Provides an Assist to FC Stars in Developing a State-of-the-Art Sports Complex
AP&S Guides Clients Through Successful Development of the Largest Solar Energy Project in the Region
AP&S Guides Paris-Based Multinational Through Complex Acquisition
AP&S Represents Wells Fargo Bank in Successful Financing of 17 Hotel Portfolio
