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Business, Tax and Ethical Fundamentals Every Transactional Lawyer Needs to Know

Total Credits
1.5 - 2
CDs/DVDs Only
This course is only available in CD/DVD format.
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Understand the business and tax fundamentals associated with transactional law practices, as well as their ethical implications. Some of the important issues to be addressed include:

  • the scope of engagement;
  • factors to consider when accepting new clients or new matters;
  • standards of care;
  • what is taxable income, taxable liability, taxable gains and losses and gain and loss realization vs recognition;
  • non-recognition provisions (1031 like kind exchanges; 1033 involuntary conversions);
  • choice of entity;
  • when to include tax counsel when handling transactional matters;
  • conflicts of interest in tax planning
  • … and MORE!!!!

Lecturer Bios

Bradley T. Borden, Esq.

Professor Borden’s research, scholarship, and teaching focus on taxation of real property transactions and passthrough entities (including tax partnerships, REITs, and REMICs). He teaches Federal Income Taxation, LLCs and Partnerships, Partnership Taxation, and Taxation of Real Estate Transactions. His work on passthrough and transactional tax theory appears in articles published in law reviews including Baylor Law Review, University of Cincinnati Law Review, Florida Law Review, Georgia Law Review, Houston Law Review, Iowa Law Review, National Tax Journal, Tax Lawyer, and Virginia Tax Review, among others. His articles also frequently appear in leading national tax journals including Journal of Passthrough Entities, Journal of Taxation, Journal of Taxation of Investments, Real Estate Taxation, and Tax Notes.

Professor Borden is the author or co-author of several books, including Federal Income Taxation (Foundation Press, 7th ed. 2017) (with Daniel L. Simmons, Martin J. McMahon, Jr. & Dennis J. Ventry, Jr.); Federal Taxation of Corporations and Corporate Transactions (Aspen Publishers, 2018); Limited Liability Entities: a State by State Guide to LLCs, LLPs, and LPs (Wolters Kluwer Law & Business 2012, with seven annual updates); LLCs and Partnerships: Law, Finance, and Tax Planning (Wolters Kluwer 2019); Tax-Free Like-Kind Exchanges (Civic Research Institute, 2nd ed. 2015); Taxation and Business Planning for Partnerships and LLCs (Aspen Publishers, 2017); and Taxation and Business Planning for Real Estate Taxation (LexisNexis, 2011, Carolina Academic Press, 2nd ed. 2017). He is also a successor author of Boris I. Bittker & Lawrence Lokken, Federal Taxation of Income, Estates and Gifts. The U.S. Court of Appeals for the Fifth and Ninth Circuits, the U.S. Court of Federal Claims, state judicial bodies, and federal and state bar associations have cited Professor Borden’s work in their opinions and publications. He is frequently quoted in leading news publications such as Bloomberg, The Los Angeles Times, The National Law Journal, The New York Times, and Reuters and blogs about tax issues for The Huffington Post.

Professor Borden has worked as a consultant to The Joint Committee on Taxation, Congress of the United Statesand often serves as an expert witness or consultant on major litigation matters that relate to real estate, flow-through taxation or legal malpractice. Before entering academia, he practiced tax law in the San Antonio, Texas law firm of Oppenheimer, Blend, Harrison & Tate, Inc. He is active in the American Bar Association Section of Taxation, is a past chair of its Sales, Exchanges & Basis Committee, is a fellow of the American College of Tax Counsel and American Bar Foundation, and is a member of The Tax Forum.

Lewis Tesser, Esq.

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.

Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.

Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY.

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