Dick Tomeo, chair of the firm's Tax Group, has a broad background in both federal and state tax matters, including transactional matters, the representation of clients before taxing agencies, and the representation of tax-exempt organizations such as health care institutions. A significant portion of his practice is focused on state and local tax issues. Mr. Tomeo regularly advises both domestic and foreign clients regarding the structure of operations in Connecticut and other states, with a view to minimizing the impact of state and local income, sales and use, ad valorem, and excise taxes. His efforts include advance planning with respect to the state and local tax considerations of the acquisitions of businesses, the structure of investments, and the identification and negotiation of special tax incentives in various jurisdictions. His practice also involves advising domestic and foreign clients regarding the tax implications of complicated business structures and transactions, including mergers and acquisitions, financings, cross-border transactions, and the use of various types of business organizations. Mr. Tomeo also has had considerable experience over the last twenty years in drafting and working to secure adoption of tax legislation and in helping to shape tax regulations adopted at the state level. Mr. Tomeo regularly represents clients before taxing agencies in audits and administrative litigation as well as in tax litigation. He successfully argued the case of Foodways National, Inc. v. Crystal before the Connecticut Supreme Court, establishing that amounts paid for storage space in a public warehouse constitute rent for purposes of corporate income tax apportionment. He successfully prosecuted the case of Steelcase, Inc. v. Crystal before the Supreme Court, establishing that the Connecticut sales and use tax could not properly be applied to drop shipment sales under the circumstances presented. Mr. Tomeo is a member of the editorial board of, and a frequent contributor to, the Journal of Multistate Taxation and a contributing author to the CCH Guidebook to Connecticut Taxes. Mr. Tomeo also serves as the senior topical editor for taxation for the Connecticut Bar Journal. Mr. Tomeo has been named to the Connecticut Super Lawyers® list in the area of Tax since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). Professional Associations - American Bar Association, 1985 to present, Vice Chair, Tax Section, State and Local Tax Committee - Past Chair, Connecticut Bar Association, Tax Section; Chair, Corporation Business Tax Subcommittee - National Association of State Bar Tax Sections, Executive Committee - MetroHartford Chamber of Commerce, Tax and Fiscal Policy Committee - Connecticut Business & Industry Association, Tax Committee - Department of Revenue Services, Carpenter Technology Ad Hoc Committee, 2001 - Connecticut Tax Court Advisory Committee, 1994 - Department of Revenue Services, Legislative Task Force to develop corporate partner legislation, 1996 Community Involvement - University of Connecticut Foundation, Past Chairman of the Board Honors and Awards - AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Taxation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.) - Listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Tax Law for 2011 (Copyright 2010 by Woodward/White, Inc., Aiken, SC) - Listed in Connecticut Super Lawyers® in the area of Tax Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) - Listed in The Best Lawyers in America® in the area of Tax Law since 1983 and in Litigation & Controversy - Tax for 2012 (Copyright 2011 by Woodward/White, Inc., Aiken, SC) Experience - Provided tax representation for numerous businesses operating as S-corporations, including advice regarding compliance with the single class of stock requirement; implications of restricted stock, convertible debt, and put/call arrangements; and calculation of built-in gain as well as advice regarding the federal and state tax implications of stock sales with section 338(h)(10) deemed asset sale elections. - Representation of U.S. subsidiary concerning its accession to its parent corporation's restructured global credit facilities. - Drafted new insurance reinvestment fund tax legislation in Connecticut and represented a group of venture capital partnerships in establishing an insurance reinvestment fund approved by the Connecticut Department of Economic and Community Development to channel investments by insurance companies into start-up or emerging businesses in Connecticut. These types of funds exist in some other states and are commonly referred to as Capco Funds. - Represented generator of electricity in connection with a Connecticut sales and use tax audit relating to the construction of its facility and with respect to application of Connecticut gross earnings taxes to the sale and purchase of natural gas used to power the facility. Engagement included successful efforts to secure a targeted legislative tax exemption for the facility. - Counsel for electric generator in connection with Connecticut sales and use and gross earnings tax issues with respect to a new generating facility. - Regulatory counsel for FirstLight Power Resources, whose Waterbury Generation Project consists of an approximately 96-megawatt (MW) generator to be built on a brownfield site on Washington Avenue in the City of Waterbury. This generator is a state-of-the-art combustion turbine manufactured by the General Electric Company that will, during periods of high electric loads, primarily burn natural gas, with ultra low sulfur distillate (similar to kerosene) used as backup fuel. Federal Tax Representation - Represented a Canadian paper products company in connection with acquisition of operating assets in the United States, involving attention to the earning stripping rules and the Canada U.S. income tax treaty. - Representation of borrowers and lenders with respect to tax aspects of cross-border financings, including withholding and subpart F issues. - Defended threatened revocation of tax-exempt status. State Tax Representation - Brought forth legislation permitting issuers of credit cards to use market-based apportionment. - Spearheaded legislation excepting customers of commercial printers from Connecticut nexus. - Represented taxpayer in Steelcase, Inc. v. Crystal re sales tax on drop shipments. - Represented taxpayer in Foodways National v. Crystal re treatment of public warehouse space for apportionment purposes. - Represented taxpayer in America Online, Inc. v. Gavin re Connecticut sales tax on accessing the Internet. - Represented entities in cross-border business transactions and investments (inbound and outbound) and negotiation of state and local tax incentives. - Represented a generator of electricity in connection with a Connecticut corporation business tax audit and administrative appeal relating to application of fixed capital investment credits and successful settlement of the issues presented. - Represented taxpayer in securing favorable sales and use tax treatment of sale-leaseback transactions in Connecticut and Massachusetts. - Collaborated with Connecticut Department of Revenue Services on legislation clarifying application of corporate tax to corporate partners. - Secured adoption of legislation permitting broadcasters to apportion income based on audience. - Represented numerous corporations on application of Allied Signal to various fact patterns. - Negotiated application of the manufacturing exemptions to the newspaper industry. - Successful negotiation of nexus issues for pharmaceutical companies in Connecticut, Maine, New Hampshire and Rhode Island. - Resolved cases involving Connecticut sales tax on computer and data processing services. - Structured importation of natural gas into Connecticut in a tax-efficient manner. - Represented corporation re Connecticut corporate tax implications of IRS 338(h)(10) election. - Represented taxpayer in Toys 'R' Us v. Gavin and numerous other appeals regarding special purpose holding companies. - Managed inbound acquisition of U.S. operations in various states. - Expanded definition of taxable products under the petroleum products gross earnings tax. - Successful negotiation of sales and use tax issues involving application of the manufacturing machinery and equipment exemption to the photofinishing industry. - Facilitated relocation of corporate headquarters, including multinational holding company structure. Tax Litigation - Served as counsel for the taxpayer in Dine Out Tonight v. Commissioner in which the Connecticut Supreme Court held that sales tax was not applicable to the sale of dining cards. - Served as counsel for the taxpayer in GTech Corp. v. Commissioner involving the applicability of use taxes to the operator of the Connecticut State Lottery. - Served as counsel for the taxpayer in Grolier Enterprises, Inc. v. Commissioner in which the Connecticut Superior Court held that sales tax is not applicable to rental of mailing lists. - Served as counsel for the taxpayer in Toys 'R Us v. Commissioner involving the applicability of corporation tax to Delaware special purpose entities; settled after trial. - Served as counsel for the taxpayer in Alumax, Inc. v. Commissioner involving the applicability of 42 U.S.C. § 1983 in a corporation tax case. - Served as counsel for the taxpayer in Forox Corp. v. Commissioner involving sales tax exemption for cameras used for audio/visual production. Transactional - Negotiated resolution of Connecticut corporation tax issues in connection with the relocation of the headquarter's operations of a Fortune 500 financial service group to the State. - Worked to draft and secure legislative enactment of favorable Connecticut corporation tax provisions relating to the apportionment of broadcaster income. - Negotiated favorable resolution of Connecticut corporation tax issues with the Connecticut Department of Revenue Services with respect to move of a financial services operation to Connecticut from New York. - Represented world-recognized media production company in securing passage of legislation providing Connecticut tax credit for film and digital media infrastructure and a digital animation tax credit; negotiated both credit sale transactions and state economic development incentives. Publications & Presentations Articles - "State Adopts Expansive Film Production Tax Credit Program" (11/2006), published in Journal of Multistate Taxation - "Connecticut Supreme Court Holds that Software Customization Is a Taxable Computer Service" (3/2001), published in Journal of Multistate Taxation - "Multistate Taxation and E-Commerce - Connecticut," coauthored with John Shaughnessy (3/2001), published in Journal of Multistate Taxation - "Andersen Consulting v. Gavin," coauthored with John Shaughnessy and Linda Morkan (9/29/2000), amicus brief filed with the Connecticut Supreme Court - "General Assembly Adopts Single-Factor Income Apportionment for Manufacturers and Broadcasters" (6/2000), published in Journal of Multistate Taxation - "Superior Court Rejects Automatic Disallowance of Foreign Sales Corp. Commission Expense" (6/2000), published in Journal of Multistate Taxation - "Creation of 'Custom Software' Is Not a Taxable Computer and Data Processing Service" (2/2000), published in Journal of Multistate Taxation - "Connecticut Supreme Court Permits Offset Against Tax Liability" (1/2000), published in Journal of Multistate Taxation - "Connecticut Takes Bold Steps in the Taxation of Financial Service Companies" published in Journal of Multistate Taxation Presentations - "Tax Incentives for Investment and Job Growth in Connecticut" (11/5/2010) presented at $'s & Dirt, Funding for Moving Dirt, Berlin, Connecticut - "The Brave New World of Economic Nexus in Connecticut and Elsewhere," copresented with Felicia S. Hoeniger (11/2010) at Connecticut Society of Certified Public Accountants' Tax360° Conference, Rocky Hill, Connecticut - "Liaison Reports" (10/2010) presented at National Association of State Bar Tax Sections, San Francisco, California - "Handling Connecticut Income Tax Audits and Hot Issues" (12/2009) presented at "Tax 360" seminar, hosted by the Connecticut Society of Certified Public Accountants - "Practitioners' Perspectives on Connecticut Taxes," copresented with Felicia S. Hoeniger (11/2009) at University of Connecticut 2009 Tax School - "Recent Developments in Connecticut Taxation" (2/2009) presented at Tri-State Tax Conference, sponsored by the New York Certified Public Accountants Society, New York City - "Connecticut Tax Developments" (1/18/2007) presented at FAE Tri-State Taxation Conference, New York, NY. Also participated in a point-counterpoint panel discussion on related topics. - "Representing Taxpayers in Personal Income Tax Residency Audits" (10/24/2006) presented at State Tax Forum of the Connecticut Society of CPAs - "The Taxation of Inter-Company Transactions in Separate Return States" (10/17/2006) presented at Institute of Professionals in Taxation State Corporation Tax Program, La Jolla, CA, panelist - "Connecticut Update" (1/9/2003) presented at New York Foundation for Accounting Education Tri-State Taxation Conference - "Sales and Use Taxation of Advertising, Printed and Promotional Material" (3/22/2002) presented at Connecticut Business & Industry Association Sales and Use Tax Conference - "Connecticut Tax Litigation Developments" (10/16/2001) presented at Department of Revenue Services' Business Users Group - "Connecticut Tax Developments" (5/26/2001) presented at Connecticut Bar Association's Annual Meeting - "Tax Update-New England States" (5/17/2001) presented at Georgetown University Advanced State and Local Tax Institute - "What's Happening in Connecticut" (11/15/2000) presented at New Jersey Tax Practitioners Multistate Tax Seminar News 5.03.11, Blue Sky's Rio Screened at Connecticut Science Center 11.16.10, Tax Partner Analyzes Tax Incentives for Investment and Job Growth in Connecticut 11.10.10, Best Lawyers Names Five Robinson & Cole Attorneys as Lawyers of the Year, Most Chosen in the Hartford Community 11.09.10, Attorney Moderates Panel at National Tax Conference 11.03.10, Tax Attorneys Present at Connecticut Society of Certified Public Accountants' Tax360° Conference 10.13.10, Connecticut Bar Association Appoints Robinson & Cole Attorney as Subcommittee Chair 12.10.09, Robinson & Cole Plays a Leading Role at Connecticut Digital Media Conference 6.09.08, Robinson & Cole Tax Partner Speaks at ABA State & Local Tax Committee Meeting 1.04.08, Robinson & Cole Partner Speaks at UConn Tax program |