REPRESENTATIVE EXPERIENCE
Herb’s extensive representative experience includes:
- Structuring and obtaining IRS rulings for public companies and other corporate clients in connection with several spin-off and split-off transactions.
- Preparing protests and achieving favorable settlements with IRS Appeals Offices on numerous tax accounting and other issues involving energy companies and other large clients.
- Negotiating an IRS closing agreement enabling a large public charity to retain its section 501(c)(3) tax-exempt status, which the IRS had sought to retroactively revoke.
- Representing taxpayers and other participants in connection with IRS challenges to various tax-shelter transactions.
- Advising multi-national clients with respect to tax aspects of cross-border financings and other transactions involving foreign parties.
PROFESSIONAL HONORS AND AWARDS
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of tax (2005–2011)
- Recipient, Best Tax LLM Professor Award, Northwestern Law School, (2010–2011)
- Named to Euromoney’s U.S. Best of the Best in the area of tax (2006, 2008)
- Named to The Best Lawyers in America in the area of tax law (1987–2012)
- Selected for inclusion in Washington, D.C., Super Lawyers® (2007–2011)
- Selected for inclusion in International Who’s Who of Corporate Tax Lawyers (2004–2011)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Internal Revenue Service Advisory Council (2006–2009)
- President, Tannenwald Foundation for Excellence in Tax Scholarship (2001–present)
- Chair, Tax Section, American Bar Association (2002–2003)
- Fellow and Regent, American College of Tax Counsel (2003–2006)
- Co-chair, National Conference of Lawyers and CPAs (2003–2006)
- Editor-in-Chief, The Tax Lawyer (1993–1996)
- Trustee, American Tax Policy Institute (2003–2005)
- Fellow, American Bar Foundation
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS Herb has written the following articles:
- “Reportable Transactions: Disclosure, List Maintenance and Penalties,” PLI Corporate Tax Strategies, Vol. 23 (2008)
- “The Business Purpose Requirement of Section 355,” PLI Corporate Tax Strategies, Vol. 13 (2008)
- “The New Penalty Regime: Proceed With Caution!,” 56 The Tax Executive 486 (2004)
- “After the Spin: Preserving Tax-Free Treatment Under Section 355,” 92 Tax Notes 1587 (Sept. 17, 2001)
- “‘D’ Reorganizations and Dropdowns: An Uneasy Match,” 26 Journal of Corporate Tax 177 (1999)
- “Rev. Proc. 96-30: A New Business Purpose Roadmap for Section 355 Transactions,” 50 Tax Lawyer 1 (1996)
- “Tax-Free Corporate Separations: The Tug of War Continues,” 45th U. So. Calif. Fed. Tax Instit. §2 (1993)
- “Final Regulations Ease Planning for Tax-Free Subsidiary Mergers,” 64 Journal of Taxation 80 (1986)
- “The Corporate Side of Distributions to Shareholders: Sections 311 and 336,” 43rd N.Y.U. Fed. Tax Instit. §2 (1985)
- “The 351/304 Overlap: Some New Twists to an Old Problem,” 40th N.Y.U. Fed. Tax Instit. §45 (1982)
- “IRS Mounts Double-Barreled Attack on ‘Cash Reorganizations’ with Mutual Funds,” 53 Journal of Taxation 76 (1980)
He also has presented on various topics for the following institutes and conferences:
- NYU Federal Tax Institute
- USC Major Tax Planning Institute
- Hawaii Tax Institute
- Heart of America Tax Institute
- Great Plains Federal Tax Institute
- Mid-America Tax Institute
- Tulane Federal Tax Institute
- Southern Federal Tax Institute
- Maryland Advanced Tax Institute
- District of Columbia Bar Federal Tax Institute
- Philadelphia Federal Tax Institute
- Texas Tax Institute
- Colorado Tax Institute
- PLI Corporate Tax Conferences
- ALI-ABA Corporate Tax Conferences
- Tax Executives Institute Programs