Professional Experience
Mr. Lehmann specializes in tax issues relating to tax-exempt organizations and in the tax treatment of cross-border transactions. In the tax-exempt organizations field he regularly advises a large number of tax-exempt organizations, focusing particularly on hospitals and other health care providers as well as educational institution; scientific research organizations; low-income housing organizations; trade associations and private foundations. His practice addresses the full spectrum of tax-exempt organization issues including obtaining and maintaining tax-exempt status, unrelated business tax, managed care, executive compensation, joint ventures and IRS audits and controversies. He has served as borrowers' tax counsel in numerous tax-exempt bond offerings for hospitals, health care systems and other health care providers such as nursing homes; educational institutions; scientific research institutions; and other tax-exempt borrowers across the United States. In the area of cross-border transactions he advises foreign and domestic organizations on cross-border joint ventures and investments, tax treaty planning, taxation of international transportation activities, and debt and equity offerings of non-U.S. companies In the area of tax-advantaged transactions he focuses particularly on New Markets Tax Credits, Low-Income Housing Tax Credits and Energy Tax Credits. His practice also includes a wide variety of state and federal income tax issues arising from corporate acquisitions and reorganizations, and state and federal tax controversies.
Memberships & Activities
Member, New York State Bar Association.
Publications
Co-Author, "Borrowing on Margin Treated as Unrelated Debt-Financed Income," Taxation of Exempts, May/June 2010 (with K. Kerry).
Co-Author, "IRS Issues Notice 2010-41 Outlining Regulations to be Issued that will Treat Domestic Partnerships as Foreign Partnerships under the Controlled Foreign Corporation Rules," Practical International Tax Strategies, Volume 14, No. 9, May 2010.
Co-Author, "IRS Continues Push Against Perceived Abuses in the International Arena by Redemptions through Controlled Corporations," Practical U.S./International Tax Strategies, Volume 14, No. 3, February 2010.
Author, "IRS Ruling Illustrates Neighborhood Land Rule," Real Estate Taxation, 1st Quarter 2010.
Co-Author, "IRS Permits Debt Treatment for Trust Preferred Securities with "Significantly More" Equity Characteristics," Practical U.S./International Tax Strategies, Volume 9, No. 9, September 2009.
Co-Author, "UBIT and Privately Funded Scientific Research," Taxation of Exempts, July/August 2009.
Co-Author, "Obama Administration Takes Aim at Inversion Transactions with Enhanced Surrogate Foreign Corporation Rules," Practical U.S./International Tax Strategies, Volume 13, No. 10, May 2009.
Co-Author, "New Markets Tax Credits Stimulate Community Development," Taxation of Exempts, September/October 2008.
Author, "UBIT Developments for 2007," Taxation of Exempts, March/April 2008.
"Major Changes for Exempt Organizations in the Pension Protection Act of 2006," Journal of Taxation, Volume 106, No. 1, January 2007.
"Internal Revenue Service Issues Guidance Regarding Participation by Tax-Exempt Organizations in Low-Income Housing Tax Credit Projects," Real Estate Finance Journal, Winter 2007.
"Leasing and the Feeder Organization Rules," Taxation of Exempts, Volume 19, No. 3, November/December 2007.
Speaking Engagements
"What CFOs Need to Know About the Impact of President Obama's Offshore Tax Avoidance Proposal," May 8, 2009.