Frederick J. Caspar is a Partner in the Corporate Department and Chair of the Income Tax Practice Group. Fred concentrates his practice in the area of federal income taxation, including structuring business organizations, acquisitions, divestitures, exchanges, reorganizations, workouts, and syndications. Fred also works extensively on gift, estate and succession planning, being listed in The Best Lawyers in America® in both Tax Law and Trusts and Estates.
Memberships & Affiliations
· Ohio State Bar Association
· Dayton Bar Association, Former Chair of the Tax Committee
· American Bar Association's Section of Taxation, Member; Former Chair of the Proposed and Temporary Regulations Subcommittee of the S Corporation Committee
· Board of Advisors for the Warren, Gorham & Lamont publication "Business Entities", Member
Distinctions
· Peer Review Rated AV in Martindale-Hubbell
· Listed in The Best Lawyers in America® since 1991
· Selected for the Ohio Super Lawyers® List 2004-2009
· Named to The Dayton Business Journals "Who's Who in Law"
Experience
Syndicated Revolving Credit Facility
Privately Held Company
Assisted a long-time privately held client in negotiating, and on January 31, 2011, closing, a syndicated revolving credit facility of up to $125,000,000. Also assisted our client in a major and complex restructuring of its ownership and subordinated debt structure that had significant tax implications.
Sale and Leaseback of Assets
U.S. Subsidiary of FTSE100 Company
Structured the sale and leaseback of a large block of assets for the U.S. Subsidiary of a FTSE100 company
Tax Structuring
Manufacturing Company
Planned tax structuring in connection with the reorganization of a publicly traded manufacturing company in bankruptcy
Tax Representation Related to Affordable Housing Projects
Real Estate Developers, Owners and Operators
Representation of real estate developers, owners and operators, on an annual basis in excess of $100 Million in assets, in connection with numerous affordable housing projects under §42 of the Internal Revenue Code
Financing for Mixed-Use Development Project
Well-Known Developers
Represented two well-known developers and an investment partner in a $75,000,000 mixed-use retail, office, entertainment and residential development project in Cincinnati.
Acquisition and Financing of Low Income Tax Projects
Multiple Clients
Acquisition and financing of low income tax projects
Reorganization
Real Estate Company
Reorganization of a real estate company owning over $1 Billion in value of rental properties
Multi-Step Tax Deferred §1031Exchange of Assets
Communications Tower Company
Structured, for a communications tower company, a multi-step tax deferred §1031 exchange of assets
Publications
September 7, 2011, Business Tax Credits & Deductions Scheduled to Expire at Year-End
December 20, 2010, Tax Relief and Job Creation Act Becomes Law
Fall 2006, "Proposed Section 1377 Regulations; Delivery with the Allocation of S Corporation Items Among Shareholders," Journal of S Corporation Taxation, Volume 8, Number 2
Fall 1993, "Election and Termination of S Corporation Status: Planning With and Pitfalls to avoid in Section 1362 Final Regulations," Journal of S Corporation Taxation, Volume 5, Number 2
1993, "S Versus C Corporation After Revenue Reconciliation Act of 1993," The Ohio Society of Certified Public Accountants State and Federal Tax Forum
Spring 1992, "Weighing the Merits of Estate Freezes Under Chapter 14 and Using Installment Notes and Trusts," Journal of S Corporation Taxation, Volume 3, Number 4
Summer 1991, " 'GRITS,' 'GRATS,' and 'GRUTS' For S Corporations Under The Revenue Reconciliation Act of 1990," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 4, Number 2
Spring 1991, "S Corporation and Estate Planning: Preserving the S Election, Including Form Provisions," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 4, Number 1
Winter 1990/91, "Extricating Tax-Sheltered Cash From S Corporations," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 3, Number 4
Autumn 1990, "S Corporations as Vehicles For Leveraged Investments: An Update," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 3, Number 3
Summer 1990, "Below Market Loans Between S Corporations and Their Shareholders: Application of and Planning Considerations Under Section 7872," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 3, Number 2
Spring 1990, "Use of Closely Held Corporation to Fund Life Insurance Can Result in Substantial Gift and Estate Tax Savings," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 3, Number 1
Winter 1989/90, "S Corporations and Life Insurance: Some Special Considerations," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 2, Number 4
Autumn 1989, "Funding S Corporations With Debt or Equity," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 2, Number 3
Summer 1989, "S Corporation Status vs. Preferred Stock Estate Freeze--Part II," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 2, Number 1 & 2
Winter 1988/89, "S Corporation Election and Qualification--Mending Miscues," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 1, Number 4
Autumn 1988, "S Corporations as Partners: The Parameters of Revenue Ruling 77-220," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 1, Number 3
Summer/Spring 1988, "The Passive Loss Rules and S Corporations: Choice of Entity Considerations Part I & II," S Corporations: The Journal of Tax, Legal and Business Strategies, Volume 1, Number 2
Presentations
November 11, 2010 , "2010/2011 Income Tax Planning: Basic Estate Planning and Beyond," Speaker Fred Caspar recently presented a seminar for about 150 people sponsored by Osgood State Bank and Raymond James on dealing with 2010/2011 Income Tax Planning and Estate Planning.
January 28, 1994 , "Effect of Changes In The Revenue Reconciliation Act of 1993 on S Corporations," ABA Section of Taxation Meeting Committee on S Corporations
"Imputed Interest and Original Issue Discount--An Introduction and Some Planning Considerations," Dayton Association of Tax Professionals
"Estate Freeze versus S Corporation Status; Estate Freeze for S Corporations," ABA Section of Taxation: S Corporation Committee
"Basis and Sale of Partnership Interests and Related Issues," Dayton Association of Tax Professionals