Peter M Fass

December 03, 2008 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, discusses some of the securities law considerations in connection with the offer and sale of unregistered real estate securities using the Internet (e.g., interests in limited partnerships or limited liability companies).

By Peter M. Fass

8 minute read

June 03, 2009 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, reviews the SEC's responses to several requests for no-action letters. The securities issuers requesting the letters were attempting to comply with the prohibition on general advertising or general solicitation by using intermediaries, referrals or business databases to establish preexisting relationships with the prospective investors.

By Peter M. Fass

9 minute read

June 07, 2006 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, continues his discussion on tax-free exchanges of real estate, including deferred like-kind exchanges and identification procedures, nonqualifying exchanges, and the effects of a liability on a property being transferred.

By Peter M. Fass

12 minute read

February 04, 2009 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, continues a discussion of the securities law considerations in connection with the offer and sale of unregistered real estate securities using the Internet (e.g., interests in limited partnerships or limited liability companies).

By Peter M. Fass

7 minute read

October 05, 2011 | New York Law Journal

In his Real Estate Securities column, Proskauer Rose partner Peter M. Fass reviews the IRS regulations dealing with the scope and meaning of material modifications, which will determine whether a change in the terms of a troubled loan will result in the same tax consequences to the creditor and the debtor partnership as an actual exchange of new debt for existing debt.

By Peter M. Fass

8 minute read

December 06, 2006 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, continues a discussion of �1031 with a review of the Internal Revenue Service reporting requirements and begins a discussion of technical tax requirements for tenancies-in-common under the Internal Revenue Code.

By Peter M. Fass

9 minute read

June 06, 2007 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, writes that TIC interests standing alone generally are not securities under the Securities Act of 1933, but are a form of ownership under state real property law where each owner holds a fractional undivided interest in real property. However, when there is more to the ownership, a security may be involved.

By Peter M. Fass

8 minute read

April 07, 2010 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, begins a review of the legislation that has passed the House of Representatives to tax carried interests as ordinary income. The changes, if ultimately enacted into law, will have a dramatic effect on the typical real estate securities transaction.

By Peter M. Fass

10 minute read

April 06, 2005 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, writes that the 752 Regs create a tiered system for allocating partnership nonrecourse debt among partners to provide each partner with sufficient basis for their partnership interests to be able to (i) take all deductions attributable to such debt that are properly allocated to such partners under �704(b) and (ii) receive distributions of the proceeds of nonrecourse liabilities without recognizing gain under �731.

By Peter M. Fass

8 minute read

October 03, 2007 | New York Law Journal

Peter M. Fass, a partner at Proskauer Rose, discusses restrictions on solicitation and advertising under Regulation D of the Securities Act of 1933, which applies to most tenancy-in-common transactions, and the future of tenancies-in-common in light of the number of baby boomers focusing on wealth preservation and estate planning.

By Peter M. Fass

8 minute read