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Aaron S Gaynor

Aaron S Gaynor

June 23, 2020 | New York Law Journal

Proposed Regulations for Section 1031 Exchanges

Due to a 2017 change to I.R.C. section 1031, some taxpayers will now owe tax with respect to exchanged personal property. In their Real Estate Financing Column, Ezra Dyckman and Aaron Gaynor discuss how new proposed regulations and other parts of the 2017 changes to the tax law mitigate the consequences to exchanging taxpayers.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read

June 09, 2020 | New York Law Journal

Hodgepodge of CARES Act Conformity Will Confuse and Frustrate New York Taxpayers

In their Tax Appeals Tribunal column, Joseph Lipari and Aaron S. Gaynor write: New Yorkers will have to make sense of a patchwork of conformity and non-conformity between New York and federal law. Moreover, for New York taxpayers, the status of two popular aspects of the CARES Acts—the tax-free forgiveness of PPP loans and corrections to depreciation of QIP—is unclear.

By Joseph Lipari and Aaron S. Gaynor

8 minute read

March 04, 2020 | New York Law Journal

More Residences, More Problems for Multistate Taxpayers in 'Rusakoff'

Since a U.S. Supreme Court decision five years ago, several New York taxpayers have attempted to resurrect constitutional challenges to the dual residency problem—provisions of the New York state personal income tax that cause certain taxpayers to be subject to dual state taxes. In this edition of their Tax Appeals Tribunal column, Joseph Lipari and Aaron S. Gaynor discuss the most recent challenge—'Rusakoff'.

By Joseph Lipari and Aaron S. Gaynor

7 minute read

February 25, 2020 | New York Law Journal

New Opportunity Zone Talking Points

In their Real Estate Financing Column, Ezra Dyckman and Aaron Gaynor discuss the final qualified opportunity zone regulations released by the Treasury in January.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read

December 12, 2019 | New York Law Journal

Taxpayers Between a Rock and a Hard Place With City and State Transfer Tax Treatment of Residential Real Property

In a pair of recently released finance letter rulings, the New York City Department of Finance concluded that certain properties qualified for the lower rate of the City's real property transfer tax applicable to residential real property. While taxpayers should rejoice at these rulings, the celebration may be bittersweet. Joseph Lipari and Aaron S. Gaynor discuss why in this edition of their Tax Appeals Tribunal column.

By Joseph Lipari and Aaron S. Gaynor

7 minute read

September 11, 2019 | New York Law Journal

'SoulCycle' Case Highlights Differences Between State and City Sales Tax

In their Tax Appeals Tribunal column, Joseph Lipari and Aaron S. Gaynor discuss a case involving indoor cycling company SoulCycle, which concerned a particularly knotty interaction of New York state and City sales tax rules, leading to an unfavorable result for the taxpayer.

By Joseph Lipari and Aaron S. Gaynor

7 minute read

June 25, 2019 | New York Law Journal

Opportunity Zone Talking Points for Fourth of July BBQs

In December, Ezra Dyckman and Aaron Gaynor shared some qualified opportunity zone (QOZ) talking points for your holiday get-togethers. In April, the Treasury released a second set of proposed regulations concerning QOZs. In this column, ahead of the Fourth of July, they offer you these small "bites," to nibble on at your BBQ.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read

June 13, 2019 | New York Law Journal

In Domicile Case, Tax Department Takes Another 'Bizarro' Position

In their Tax Appeals Tribunal column, Joseph Lipari and Aaron S. Gaynor discuss a recent personal income tax domicile case in which the New York State Tax Department made arguments contrary to those it normally takes. It provides a useful reminder for those looking to move into New York on a “temporary” basis to make sure their filings are consistent, and to avoid press showcasing the extent of their apartment renovations.

By Joseph Lipari and Aaron S. Gaynor

9 minute read

March 07, 2019 | New York Law Journal

Apple Sales Tax Case Disregards Form of Transaction

In their Tax Appeals Tribunal column, Joseph Lipari and Aaron Gaynor discuss the recent case of 'Apple Inc.', DTA No. 827287 (N.Y. Div. Tax App., Nov. 20, 2018), in which the lesson for taxpayers is to act consistently. That may matter more than the form or the substance of the transaction.

By Joseph Lipari and Aaron S. Gaynor

7 minute read

December 24, 2018 | New York Law Journal

Opportunity Zone Talking Points for Cocktail Parties

In their Taxation column, Ezra Dyckman and Aaron S. Gaynor discuss talking points on one of this year's hottest topic in real estate.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read