Spencer Tax Law

Offices of David K. Spencer, P.C.


The real estate investors’ guide to getting past Uncle Sam
How the industry has turned tax avoidance into a legal art form

November 01, 2016
By Will Parker and Konrad Putzier

Property owners who want to benefit from an asset’s increase in market value have two options: They can sell or they can refinance. If they sell (without doing a 1031 exchange), they pay capital gains tax on any profit. Refinancing, however, doesn’t typically count as a “realization event” in the eyes of the IRS, explained tax attorney David Spencer — meaning there is no profit to be taxed.”


Tax Disclosure Boilerplate and the Confidentiality Conundrum, Tax Notes, Vol. 101, No. 10, December 8, 2003.


Adjunct Professor at NYU School of Law, Graduate Tax Program:
Accounting for Tax Consequences, a self-created course on ASC 740 in theory and practice.  Topics include GAAP (and IFRS) treatment of DTAs (Deferred Tax Assets), DTLs (Deferred Tax Liabilities), tax reserves, APB 23 elections, direct vs indirect method for tax credits, the “simultaneous equations method”, tax accounting treatment of equity-based compensation and goodwill and tax attributes in purchase accounting applied in the context of a business combination.



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