Todd B. Reinstein is a tax partner with Pepper Hamilton LLP, resident in the Washington office. Mr. Reinstein focuses his practice advising clients on federal corporate tax law including the overall structuring of taxable and tax-free transactions, deemed asset purchases, shareholder redemptions, stock basis and earnings and profits calculations, eligibility for U.S. manufacturing deduction, simplifying corporate structures and minimizing the impact of complex consolidated return issues and tax due diligence. He also has significant experience with corporate loss limitation studies (Section 382) and the tax aspects of bankruptcy and workouts, including issues involving restructuring or retirement of indebtedness. He has experience with submitting successful private letter ruling requests to the Corporate Branch of the IRS National Office. His experience in these matters enabled him to achieve favorable and cost-effective results for clients.
Before joining Pepper, Mr. Reinstein was a senior associate in the corporate tax group of a national law firm. Before that, he worked for six years as a tax manager at two “Big 4” accounting firms. At the accounting firms, he advised domestic and foreign clients on tax planning, with a primary focus on acquisitions and divestitures, tax compliance and the financial aspects of accounting for income taxes. Mr. Reinstein also worked for three years as an internal auditor with the IRS, where he performed independent reviews and appraisals of various IRS operations, including the Appeals, Examination and Collection divisions.
Mr. Reinstein also has been a regular panelist at national meetings of the American Bar Association’s Tax Section and the Tax Executives Institute. He recently spoke on “The Nuts and Bolts of Section 382” at the New Jersey Chapter of the Tax Executives Institute.
Mr. Reinstein is the chair-elect of the Federal Bar Association Tax Section. He is also past chair of the AICPA Tax Division’s Corporations and Shareholders Technical Resource and former editor of the AICPA’s Tax Advisor. He is the former vice-chair of the ABA Section of Taxation’s Committee on Energy and Environmental Taxes and a member of the Section 382 Corporate Tax Working Group.
Mr. Reinstein is a regular contributor to national and regional tax and accounting journals. His recent publications include:
Mr. Reinstein is a member of the District of Columbia and Florida bars, and is admitted to practice before the United States Supreme Court, the U.S. Tax Court and the U.S. Court of Federal Claims. He is a licensed certified public accountant in the District of Columbia and Maryland.
- “Does a Target or Acquiring Corporation Claim Significant Transaction Related Deductions? IRS Wades into Murky Waters” (co-author), BNA Tax Management Memorandum (Vol. 54, No. 8 April 22, 2013)
- “Bankruptcy PLR with NOL Preservation Result” (co-author), Law 360 (August 23, 2012)
- “U.S. Federal Tax Net Operating Loss Limitations Following an Ownership Change – Fund Investor Considerations,” Financier Worldwide, “Global Reference Guide: Corporate Tax 2012” (August 2012)
- “IRS Proposes Taxpayer-Friendly Changes to Section 382 Segregation Rules” (co-author), BNA Tax Management Memorandum (Vol. 53, No. 29 April 23, 2012)
- “Form Over Substance or Constructive Receipt – What is the Substance of the Cap Gemini Cases?” (co-author), BNA Tax Management Memorandum (Vol. 52, No. 22 October 24, 2011)
- “Tapping into Alternatives: Financing Options for Solar, Wind, and Cogeneration” (co-author), Health Facilities Management (September 2011)
- “Proposed Regulations Regarding the Deferred Loss Rules for Controlled Groups: Not All Good But Not All Bad” (co-author), BNA Tax Management (June 29, 2011)
- “IRS Provides §382 Guidance in Notices 2010-50 and 2010-49” (co-author), BNA Tax Management (November 22, 2010)
- “NOL Poison Pills Can Protect the Tax Attributes of the Debtor and Enhance Future Liquidity” (co-author), Commercial Lending Review (May-June 2010)
- “Green for Green: Federal and State Tax Breaks for Renewable Energy Projects” (co author), Practical U.S./Domestic Tax Strategies (January 2010)
- “Protecting Your NOL Carryforward with a Poison Pill” (co-author), CCH’s Federal Tax Weekly (June 2009)
- “New Proposed Regulations Allow Sellers to Treat Certain Stock Dispositions as Asset Sales,” BNA Tax Management, Insights and Commentary (November 2008)
- “Claiming a Worthless Stock Deduction May Have Become a Little Easier,” ABA Section of Business Law Committee on Taxation Newsletter (Summer 2008)
- “Maximizing the Benefits of Sec. 199 in an Asset Sale,” The Tax Advisor (May 2008).