Matters
- Structured and obtained tax exemption for multitiered super-parent of two health systems.
- Structured acquisition of multiple technology companies, both for-profit and nonprofit, for an educational institution utilizing a number of acquisition techniques, including triangular mergers, asset acquisitions and various stock transactions.
- Structured numerous joint ventures for health care systems with multiple tiers of entities involving for-profits and nonprofits.
- Obtained private letter ruling from the IRS on the favorable tax treatment of foreign Subpart F income to tax-exempt organization from foreign blocker entity.
- Successfully negotiated a $1.6 million reduction in excise tax liability with the IRS on behalf of a large private foundation.
- Worked with the board of trustees of a university on a comprehensive governance and oversight analysis and instituted major governance reforms to provide more effective oversight by the board of trustees.
- Prepared and successfully resolved private letter ruling requests on behalf of several charity and foundation clients to obtain approval from the Internal Revenue Service for operational and transactional matters, including set-aside requests.
- Guided a nonprofit 13-hospital health care system through one of the largest hospital sale transactions in United States history.
- Creation of a state authority to spin off hospital operations from the state, including drafting the state legislation and securing a private letter ruling from the IRS recognizing the authority as a tax-exempt integral part of the state.
- Structured research consortium of nonprofits and governmental organizations utilizing a supporting organization structure and a for-profit technology transfer subsidiary and obtained a favorable private letter ruling to support structure.
- Regularly advised hospital and health system clients on unrelated business income consequences of clinical trials and clinical research; established protocols for documenting files; and developed strategies for successfully arguing that such activities are not UBI despite long-standing IRS positions on the contrary.
- Obtained several of the early IRS determination letters issued to RHIOs and HIEs regarding exempt status and counseled such organizations on governance structure, obtaining ARRA funding, negotiating vendor contracts and HIPAA privacy and security compliance.
- Counseled hospitals and health systems with MOB development and private activity use, unrelated business income and acquisition indebtedness rules related to ownership and leasing of MOB space.
