Todd B. Reinstein
Todd B. Reinstein is a tax partner with Pepper Hamilton LLP, resident in the Washington office. Mr. Reinstein focuses his practice in three areas of tax law. The first area is 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 (IRC Section 199), 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 (IRC Section 382) and the tax aspects of bankruptcy and workouts, including issues involving restructuring or retirement of indebtedness.
Secondly, Mr. Reinstein is a member of the firm’s Sustainability, CleanTech and Climate Change Team. As such, he advises clients on structuring issues associated with claiming the credit for electricity produced from renewable resources (Section 45) and the solar investment tax credit (Section 48). He recently has been advising clients on the new Renewable Energy Grant program and certification of Qualified Advanced Energy Manufacturing Projects Credit (Section 48C).
Thirdly, Mr. Reinstein advocates for taxpayers on federal (before the IRS Examination and Appeals levels) and international (Competent Authority Assistance) tax controversies, including collection issues. He has experience with submitting successful private letter ruling requests to the Corporate Branch of the IRS National Office. He also has experience representing associations and corporate taxpayers on complex federal tax issues through legislation and negotiations with the IRS. His experience in these controversies 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. Recently, he spoke on "A Practical Look at Section 382" at the Harrisburg Chapter of the Tax Executives Institute’s Annual Conference in Harrisburg, Pa.
Mr. Reinstein is the current vice-chair of the ABA Section of Taxation’s Committee on Energy and Environmental Taxes. He also is a member of the AICPA Tax Division’s Corporations and Shareholders Technical Resource Panel and serves as an editor to The Tax Advisor monthly publication.
Mr. Reinstein is a regular contributor to national and regional tax and accounting journals. His publications include:
- “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)
- “New Accounting Rules for Business Combinations” (co-author), Practical U.S./Domestic Tax Strategies (January 2008)
- “Practitioners’ Corner: REIT Ruling Sparks Interest in New Ownership Structures for Energy Transmission/Distribution Systems” (co-author), Federal Tax Weekly, No. 40 (October 2007)
- “Biomass and Notice 2006-88,” The Tax Advisor (May 2007)
- “Fin 48: Will It Be a Roadmap for the IRS?” CCH Federal Tax Weekly (February 2007)
- “IRS Updates Competent Authority Procedures,” Practical U.S./Domestic Tax Strategies (December 2006)
- “Tax Treatment of Acquired Contingent Liabilities” (co-author), Journal of Taxation and Regulation of Financial Institutions (May/June 2005)
- “What’s In It For You? Determining Who Has ‘Benefits and Burdens’ of Ownership for New Internal Revenue Code Section 199 Deduction,” BNA Daily Tax Report (April 20, 2005)
- “Deduction Relating to Income Attributable to Domestic Production Activities,” Attorney-CPA Update (November 2004)
- “Deduction Relating to Income Attributable to Domestic Production Activities,” BNA Tax Management, Insights and Commentary (November 2004)
- “New Treaty with Japan Eliminates Source-Country Withholding Taxes on Royalties,” The Tax Advisor (September 2004).
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.
Education
B.S.M. 1991 Tulane University
M.Acc. 1993 Nova Southeastern University
J.D. 1997, with honors, University of Florida College of Law
LL.M. 1999 Georgetown University Law Center (Taxation)
Bar Admissions
Admitted to practice in the District of Columbia and Florida
