David A. Roby, Jr.: Lawyer with Sutherland Asbill & Brennan LLP

David A. Roby, Jr.

David Roby
Washington,  DC  U.S.A.

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Practice Areas

  • Tax
  • Federal Tax
  • Capital Markets & Investments
  • Private Capital
  • Private Equity
  • Mutual Funds
  • Mergers & Acquisitions
  • Business Development Companies
  • Venture Capital & Early Stage Finance
  • Private Investment Funds
  • Tax Controversy & Litigation
Contact InfoTelephone: 202.383.0137
Fax: 202-637-3593
University Florida State University, B.S., cum laude
Law SchoolUniversity of Georgia School of Law, J.D., cum laude Member, Georgia Law Review, Order of the Coif; University of Florida Levin College of Law, LL.M.
AdmittedDistrict of Columbia; U.S. Tax Court; Georgia, Inactive; Florida

Professional Activities
Member, Partnership and LLC Committee, Taxation Section, American Bar Association
Member, Taxation Section, District of Columbia Bar

BornBrookings, South Dakota, January 3, 1968

With more than 15 years of experience, David Roby provides federal tax advice to national and multinational companies and partnerships concerning a wide variety partnership, corporate and consolidated return issues. He regularly advises clients on the federal tax aspects of sales and acquisitions, mergers and other corporate reorganizations, spin-offs, internal restructurings and leasing transactions. In addition, he provides advice with respect to the structuring and operation of domestic and international partnerships, limited liability companies and other joint ventures. David also advises start-up companies on choice-of-entity and other business structuring issues.

David's practice includes a particular focus on providing solutions to the federal tax matters and problems faced by public and private investment companies and funds in their complex financial transactions. His clients include regulated investment companies (RICs), business development companies (BDCs), hedge funds, private equity funds, venture capital funds, real estate investment funds and real estate investment trusts (REITs).

David began his legal career with a clerkship in the U.S. Tax Court, and he has experience in all aspects of federal tax controversy and litigation. His practice before the Internal Revenue Service (IRS) includes providing advice on audits and appeals, drafting protests and ruling requests, and negotiating settlements. As a litigator, he advises on cases in tax court and federal district and appellate courts.

Selected Experience
Sutherland assists clients on structuring, documenting debt and equity offerings for BDCs and closed-end funds.
Sutherland represents Eagle Energy Partners in its sale to Lehman Brothers Commodities Holdings.
Sutherland represents Fifth Street Finance in $140 million IPO.


Honorable Carolyn P. Chiechi, U.S. Tax Court.


Documents by this lawyer on Martindale.com

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Simplified Partnership Audit Procedures Radically Alter the Federal Income Tax Treatment of Partnerships
Thomas A. Cullinan,Sheldon M. "Shelly" Kay,Daniel R. McKeithen,David A. Roby,Amish M. Shah, November 6, 2015
On November 2, 2015, President Obama signed the Budget Act of 2015 (the “2015 Budget Act”), which makes significant amendments to the procedural rules governing federal income tax audits and judicial proceedings that apply to partnerships and other entities (such as limited liability...

New Law Doubles the Penalties for Failure to File Correct Tax Information Returns and Provide Payee Statements
Robert S. Chase,Paul R. Lang,Mary E. Monahan,David A. Roby,Vanessa A. Scott, July 21, 2015
On June 29, President Obama signed into law the Trade Preferences Extension Act of 2015. Quietly embedded in Section 806 of this new law is a provision that doubled the cap on penalties, from $1.5 million to $3 million, for failures to file correct tax information returns and provide payee...

IRS Targets Use of Basket Option Contracts and Basket Contracts by Hedge Funds and Other Taxpayers as Tax Avoidance Transactions
Robert S. Chase,Daniel R.B. Nicholas,David A. Roby,Rich Sun,Carol P. Tello, July 16, 2015
On July 8, the Internal Revenue Service (IRS) issued two notices (Notice 2015-47, 2015-30 IRB 1, and Notice 2015-48, 2015-30 IRB 1) targeting the use of Basket Option Contracts and Basket Contracts as tax avoidance transactions or possible tax avoidance transactions. Similar transactions have...

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Office Information

David A. Roby, Jr.

700 Sixth Street NW, Suite 700
WashingtonDC 20001-3980


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