Mel E. Myers is an experienced tax, real estate and finance attorney who leads the Firm’s tax controversy and transactional tax teams.

Mel’s tax controversy practice focuses on defending corporations, partnerships, and limited liability companies during IRS audits.  He has successfully resolved tax cases at the examination level and administrative appeals, and tried cases in the U.S. Tax Court, U.S. District Court and U.S. Circuit Courts of Appeals, saving his clients millions of dollars by coming to resolutions and settlements that required subtle navigation of the tax code.

Prior to joining the firm, Mel worked in the tax group of a prestigious Wall Street law firm nationally recognized for its real estate practice.  In addition, he worked as a tax associate in the New York City tax department of an international Big Four accounting firm, as well as an assistant general counsel in the Washington, DC headquarters of the Federal Government agency responsible for managing, acquiring and disposing of all of the Government’s real estate assets.  In these roles, Mr. Myers developed a sophisticated tax and real estate expertise that includes advising private equity funds, corporations, limited liability companies and limited partnerships on matters ranging from acquisitions, recapitalizations, dispositions, reorganizations, mergers and terminations to partnership and company formation, complex commercial real estate loans, and share and asset purchase agreements.

Mel’s professional career began in real estate at a large Fortune 500 real estate services company. Over the years, he has built upon his broad real estate knowledge and expertise by advising on and handling construction contracts, long-term leases and development agreements as well as other types of real property transactions.

As part of the Firm’s real estate and finance practice, Mel represents investors, banks, syndicators, yield guarantors, lenders, real estate developers and community development entities. His experience includes partnership taxation, complex deal structuring, bond and other financing, business negotiations, financial/tax planning, guaranties, rental subsidies, secondary market offerings, portfolio sales, workouts, restructurings, dispositions and community revitalization projects.  Mel counsels on federal and state requirements for low-income housing, historic rehabilitation, new markets and energy tax credits. He also works with charities, foundations, hospitals, universities and associations.

Mel is an accomplished public speaker and has presented on a variety of tax topics, ranging from transfer pricing to state taxation of oil and gas pipeline networks.  He has been a guest speaker at the American Bar Association Tax Section, as well as at state bar association tax section events.

Mel’s recent experience includes:

Tax Controversy & Audit Defense

  • Led medical device manufacturer’s response team in IRS tax audit of the company’s transfer pricing involving hundreds of millions of dollars in potential adjustments.
  • Advised U.S. multinational’s response team in IRS tax audit in connection with international transactions valued in the hundreds of millions of dollars.
  • Represented oil & gas corporation before the IRS in connection with a large tax audit of the company’s cross-border intercompany transactions worth hundreds of millions of dollars.  Audit was successfully closed with minimal adjustments to client’s income.
  • Advised U.S. oil & gas multinational during IRS tax audit in connection with purchases of crude oil valued in the hundreds of millions of dollars.
  • Represented oil & gas refiner in defending multi-million dollar tax refund amount from IRS as a result of a closing agreement.
  • Successfully defended multi-state wholesaler from state sales and tobacco tax adjustments in the millions of dollars.
  • Defended corporation in state and local tax audit of oil & gas drilling equipment with proposed adjustments in the millions of dollars.
  • Defended high-net worth investor/partner in Federal District Court in connection with a Federal forfeiture action worth millions of dollars.

Federal & State Tax Advisory

  • Advised private equity fund on tax matters related to the purchase of Asian telecom company valued in the billions of dollars.
  • Advised private equity fund on tax consequences of sale of North American natural gas pipelines valued in the hundreds of millions of dollars.
  • Advised Canadian multinational in structuring U.S. wholesale and retail operations for tax purposes.
  • Advised Swiss multinational in connection with tax matters related to the company’s structuring of U.S. business operations and construction projects worth hundreds of millions of dollars.
  • Advised private equity fund on tax consequences of purchase of telecom company in Germany valued in the hundreds of millions of dollars.
  • Advised private equity fund in sale of Canadian infrastructure asset worth hundreds of millions of dollars.
  • Advised oil and gas corporation in an IRC Section 355 split-off transaction valued in the millions of dollars.
  • Advised private equity fund in sale of French infrastructure investment in a deal valued at more than one-hundred million dollars.

Real Estate & Structured Finance

  • Structured major real estate project for commercial property developer utilizing investor equity for historic tax credits.
  • Structured ownership structure for large commercial property developer utilizing State of New Jersey Economic Redevelopment Grants for multiple projects.
  • Advised client in structuring multi-million dollar infrastructure project with the Port Authority of New York and New Jersey.

 

 

Education

  • University of Michigan, B.A.
  • American University - Washington College of Law, J.D.
  • Georgetown University Law Center, LL.M. - Taxation

Practice Areas

Bar Admissions

  • New York
  • Washington, D.C.
  • Texas

Memberships

  • New York State Bar Assocation, Section of Taxation
  • American Bar Association, Section of Taxation