Peter M Fass

October 01, 2008 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, discusses the NMTC, a nonrefundable tax credit intended to encourage private capital investment in eligible low-income communities and make economically marginal deals feasible, which in the absence of the subsidy provided by the credit generate some economic returns but not at a sufficient level to make the deals economically feasible.

By Peter M. Fass

10 minute read

June 04, 2008 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, continues his review of the Securities and Exchange Commission's Regulation D proposals discussing SEC Rules 152 and 155 and the SEC's interpretive language in the Reg D proposal release.

By Peter M. Fass

12 minute read

December 01, 2010 | New York Law Journal

In his Real Estate Securities column, Proskauer Rose partner Peter M. Fass discusses recent cases where the IRS has unsuccessfully attempted to extend the passive activity presumption for limited partners to LLCs.

By Peter M. Fass

6 minute read

December 02, 2009 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, discusses the use of third-party service providers in soliciting investors in unregistered securities pursuant to Regulation D and reviewing the SEC's views on electronic filings and private placements. In examples where factual information relating to offerings was being published by apparently independent sources, SEC staff was unable to conclude that no general solicitation or advertising would be involved in the distribution to paid subscribers, except in a case where the information being published was derived totally from public records with no analysis of the issuer or the offering included.

By Peter M. Fass

9 minute read

February 06, 2008 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, discusses the SEC's proposed revisions to Regulation D, including revisions to the definition of accredited investor, amendments to Form D, uniform disqualification provisions to all Reg D offerings and possibly revising Rule 504.

By Peter M. Fass

10 minute read

April 04, 2007 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, writes that a DST is an extremely flexible vehicle, allowing for either the conduct of a trade or business or engaging in investment activities. The parties can basically define their relationship as they see fit, as the act permits the parties to override all its provisions.

By Peter M. Fass

11 minute read

October 06, 2010 | New York Law Journal

In his Real Estate Securities column, Peter M. Fass, a partner at Proskauer Rose, examines the material participation rules as they apply to multi-member limited liability companies and cautions that the focus is on the participation of each member, rather than on the LLC.

By Peter M. Fass

10 minute read

August 03, 2011 | New York Law Journal

In his Real Estate Securities column, Proskauer Rose partner Peter M. Fass furthers his analysis of cancellation of indebtedness income, discussing additional exceptions to the realization of COD Income in the context of restructuring or workout of a troubled property or a mortgage securing the property where the property does not generate sufficient cash to service the troubled loan or maintain the troubled property.

By Peter M. Fass

9 minute read

October 06, 2005 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, continues his review of the �752 Regulations with a discussion of arrangements that may turn all or a portion of a nonrecourse liability into a recourse liability, which would then be includible in the basis of the guaranteeing partner's partnership interest.

By Peter M. Fass

7 minute read

June 04, 2002 | New York Law Journal

W ith this column, we begin a discussion of the issues relating to a contribution of property to a partnership where the tax basis to the contributing partner is more or less than the property`s value. This is often referred to as "built-in gain or loss."

By Peter M. Fass

10 minute read