David S. Miller

Phone212 504 6318

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Experience & Credentials

Practice Areas

  • Insurance-Linked Securities
  • Tax
University University of Pennsylvania, B.A., summa cum laude, 1986
Law SchoolColumbia Law School, J.D., 1989; New York University School of Law, LL.M., 1994
Admitted1991, New York

David Miller advises on the taxation of financial instruments and derivatives, cross-border lending transactions and other financings, international and domestic mergers and acquisitions, multinational corporate groups and partnerships, private equity and hedge funds, bankruptcy and workouts, high-net-worth individuals and families, and public charities and private foundations.

David is ranked the top tax lawyer in the United States for the seventh consecutive year by United States Lawyer Rankings, a ranking guide established by a consortium of U.S. corporations. He is listed in Chambers Global's The World's Leading Lawyers, Chambers USA: America's Leading Lawyer, The Best Lawyers in America, and The Legal 500.

David was Chair of the New York State Bar Association's Tax Section in 2008. He is a recipient of The Burton Award for Legal Achievement, which recognizes exceptional legal writing. He is a member of the Tax Forum and a member of the board of directors of the International Tax Institute.

David has represented more than two hundred charities on a pro bono basis. In 2011, he was named as one of eight "Lawyers Who Lead by Example" by the New York Law Journal. David has also been recognized for his pro bono work by The Legal Aid Society, Legal Services for New York City, and New York Lawyers For The Public Interest.

A summa cum laude graduate of the University of Pennsylvania, David graduated from Columbia University Law School, where he was a Notes and Comments Editor of the Columbia Law Review and a Harlan Fiske Stone Scholar. He was a clerk to the Honorable Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit during the year following law school. He received his LL.M. in Taxation from NYU School of Law.

David teaches Tax Policy at NYU School of Law. He previously taught The Taxation of Financial Instruments at Columbia Law School.

David has written a number of articles and chapters, including, "The U.S. Federal Income Tax Treatment of Hedge Funds, Their Investors, and Their Managers," The Tax Lawyer (August 2012) (with Jean Bertrand); "How U.S. Tax Law Encourages Investment Through Tax Havens," 131 Tax Notes 167 (April 11, 2011); "The U.S. Federal Income Tax Treatment of Insurance Linked-Securities" (Chapter 25) in The Handbook of Insurance-Linked Securities (Wiley 2009) (with Shlomo Boehm); "An Alternative to Codification of The Economic Substance Doctrine," 123 Tax Notes 747 (May 11, 2009); "A Progressive System of Mark-to-Market Taxation," 121 Tax Notes 213 (October 13, 2008); "The Federal Income Tax Treatment of Credit Derivative Product Companies," Tax Forum No. 602 (November 5, 2007); "A Progressive System of Market-to-Market Taxation," 109 Tax Notes 1047 (November 21, 2005); "Credit Derivatives: Financial Instruments or Insurance? And Why it Matters," Taxation of Financial Products (Winter 2002); "Distinguishing Risk: The Disparate Tax Treatment of Insurance and Financial Contracts in a Converging Marketplace," 55 Tax Lawyer 481 (Winter 2002); "An Overview of the U.S. Federal Income Tax Treatment of Collateral Debt Obligation Transactions," 17 Journal of Taxation of Financial Institutions 27 (July/August 2001) (with Linda Beale and Paul Wysocki); "Snake in the Box: The Hazards of Policymaking With 'Anti-Abuse' Rules," 88 Tax Notes 107 (October 2, 2000); "The Strange Materialization of the Tax Nothing," 87 Tax Notes 685 (May 1, 2000); "Reconciling Policies and Practice in the Taxation of Financial Instruments," 77 Taxes 236 (March, 1999); "An Overview of the Taxation of Credit Derivatives" (Chapter 3) in The Use of Derivatives in Tax Planning (Frank J. Fabozzi & Robert P. Molay, editors) (1998); "Taxpayers' Ability to Avoid Tax Ownership: Current Law and Future Prospects," 51 The Tax Lawyer 279 (1998); "The Tax Nothing," 74 Tax Notes 619 (February 3, 1997); and "The Federal Income Tax Consequences of Guarantees: A Comprehensive Framework for Analysis," 48 The Tax Lawyer 105 (1994).


Documents by this lawyer on Martindale.com

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Borrow Now or Pay Later
David S. Miller,Linda Z. Swartz, October 14, 2013
Corporations contemplating long-term borrowings later in 2013 or in 2014 should consider closing on the financing before any legislation is introduced that might reduce corporate interest expense so as to benefit from any potential grandfathering of the interest expense deductions.
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David S. Miller

New YorkNY 10281-0006


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