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Howard J. Barnet, Jr.

Howard J. Barnet, Jr.

Partner
Chair, Tax Department; Member, Hiring Committee

Wall Street Office
2 Wall Street
New York, NY 10005
barnet@clm.com
phone: 212-238-8606
fax: 212-732-3232 download v-card

Practice Areas

Tax Exempt Organizations Real Estate, Tax, Commercial Lending

Practice Description

Tax, including international, corporate and partnership federal income tax matters, as well as New York State matters.

Education

  • A.B., 1976 Oberlin College
  • J.D., 1979 Yale Law School 
  • LL.M., 1983 New York University School of Law (in Taxation)

Admissions

  • 1980 New York
  • 1993 U.S. Tax Court

Affiliations

  • American Bar Association, Tax Section
  • New York State Bar Association, Tax Section
  • The Tax Club of New York City

Publications Available on this website...

"IRS Confirms New Restriction on Performance-Based Compensation," Client Advisory, February 27, 2008; "New Law Allows Co-Ops to Increase Commercial Rent," Client Advisory, January 18, 2008; "Code Section 409A: Limited Relief From Documentary Compliance this Year," Client Advisory, November 5, 2007; "Code Section 409A Compliance: What To Do Before Year End," Client Advisory, October 1, 2007; "U.S. Tax Consequences of Loan-Related Activities of Offshore Funds," Client Advisory, January 29, 2007; "Provisions in the Tax Relief and Health Care Act of 2006 Affecting Brownfields Remediation Costs," Client Advisory, December 22, 2006; "Research Tax Credit Provisions in the Tax Relief and Health Care Act of 2006," Client Advisory, December 22, 2006; "IRS National Office Rules Adversely on Variable Prepaid Forward Contracts with Securities Loan," Journal of Taxation and Regulation of Financial Institutions, August 2006; "Caution Flag for Forward Contracts Coupled with Securities Loans," Client Advisory, February 2, 2006; "New IRS Rules Affecting Written Tax Advice," Client Advisory, July 1, 2005; "Appellate Division Upholds Tax Appeals Tribunal in Sherwin-Williams," Client Advisory, November 15, 2004; "New Tax Act Affects Taxation of International Aviation Companies," Client Advisory, October 28, 2004; "New Tax Act Offers Significant Opportunities for Shipping Industry," Client Advisory, October 26, 2004; "IRS Issues Final Regulations with respect to Reciprocal Exemption for International Shipping and Air Transportation," Client Advisory, September 10, 2003; "New York Has New Weapons Against Out-of-State Holding Companies," Client Advisory, July 11, 2003; "New Tax Legislation Creates Opportunities for Issuers, Investors," Client Advisory, June 2, 2003

Additional Publications

 “IRS Reiterates Stand On Variable Prepaid Forward Contracts,” Journal of Taxation and Regulation of Financial Institutions, May/June 2007; “The Application of the Unrelated Business Tax to Securities and Tax-Exempt Organizations,” Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructurings, 2006 (PLI); “IRS National Office Rules Adversely on Variable Prepaid Forward Contracts with Securities Loan,” Journal of Taxation and Regulation of Financial Institutions, July/August 2006; “Corporate Taxpayers Win Rulings That Validate Shelters,” The New York Law Journal, May 16, 2002; “Provision in Tax Bill Passed by House Penalizes Non-US Shipping Interests,” The Journal of Commerce, June 30, 1997; “Halle v. Commissioner: The Tax Treatment of Preclosing Interest,” Tax Notes, August 5, 1996.

Presentations

“U.S. Federal Income, Gift and Estate Taxation Applicable to Ownership of Financial Assets by Non-U.S. Persons,” with Jane Tse, Practising Law Institute, June 7, 2006; “Tax Issues Relating to Accidental Ownership of Off-Shore Companies by U.S. Persons” Practising Law Institute, June 8, 2005; “Need-to-Know Tax Aspects--Structuring an Acquisition or Sale of a Privately Held Business,” The Investigative Services and Security Industry M&A Forum, April 28, 1998

Significant Cases

Representation of large pharmaceutical company in joint venture and acquisitions. Tax advice Cases: in numerous other significant M&A transactions, joint ventures and financings. Extensive experience in the area of investment funds, including mutual funds. Practice has also included obtaining novel IRS private rulings and several substantial federal tax controversies at the IRS Appeals Office level.