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Elliot Pisem, for more than 25 years, has concentrated on corporate and partnership taxation. Working with a broad range of clients, including real estate investors and developers, he has created, negotiated, and implemented sophisticated partnership arrangements, joint ventures, and corporate structures to accommodate complex transactions. With extensive experience in lessor/lessee issues in real property transactions, tax-free like-kind exchanges, and the structuring and operation of REITs, he has worked with tax-exempt investors; advised on historic rehabilitation projects, charitable contributions of “façade easements” and similar interests in real property; and developed tax-efficient structures for investment by foreign persons in U.S. real property and techniques for acquiring property already held by foreign owners. In addition to taxable and tax-free acquisitions, he has advised on spin-offs and other corporate and partnership divisions, and deals with the taxation of financial instruments, including the application of original issue discount, straddle, and swap rules, and the use of single- and multi-class pass-through certificate structures. He has represented corporate and non-corporate debtors and their creditors in debt restructuring and workout transactions, both within and outside of bankruptcy. He serves on the Executive Committee of the Tax Section of the NY State Bar Association and as Co-Chair of its Committee on Compliance, Practice & Procedure, having previously served as Co-Chair of the Committees on Pass-Through Entities, Partnerships, Tax Accounting Matters, Bankruptcy, Cost Recovery, and Real Property. The committees he has co-chaired have prepared reports on, inter alia, Regulations under Code section 707(a)(2) relating to “disguised sales” of property between partnerships and partners, the transfer pricing Regulations under Code section 482, the “bonus depreciation” Regulations under Code sections 168(k) and 1400(b), and monetary penalties on practitioners under Treasury Department Circular 230.  He also co-authors a bi-monthly column on corporate tax matters in the New York Law Journal and writes frequently for the Journal of Taxation and other publications.

He received his B.A.(1975) and J.D.(1978) from Columbia, where he was a Stone scholar.

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2019
Download the file for Update on Theft Losses: 'McNely v. Commissioner'.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 18, 2019
Download the file for S Corporation Allocations Upon Transfer of Stock.
by Elliot Pisem, David E. Kahen
Published: February 21, 2019
Download the file for Value of Franchise Rights Under BIG Tax: 'H R B-Delaware v. Commissioner'.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2018
Download the file for Adoption and Change of Accounting Method:
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2018
Download the file for S Corporation Inconsistent Reporting Issues: 'Rubin v. United States'.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2018
Download the file for Loan v. Distribution:
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2018
Download the file for S Corporation Elections -- Who Decides?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2018
Download the file for Recent Developments Regarding Contributions to Capital.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 15, 2018
Download the file for Corporate Tax Changes in New Tax Law.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 19, 2017
Download the file for Developments Regarding Micro-Captive Insurance Structures.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 14, 2017
Download the file for Can Capital Gain Rates Apply to Income from Phantom Stock?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 20, 2017
Download the file for The Accumulated Earnings Tax: Back from the Grave?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 16, 2017
Download the file for Recent Developments Relating to S Corporations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 19, 2016
Download the file for Characterization of Forfeited Deposits and Break Fees.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 18, 2016
Download the file for The Ever-Expanding 'Danielson' Rule?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 16, 2016
Download the file for Recent Guidance Regarding Deduction of Fines.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 21, 2016
Download the file for Proposed Regulations to Treat Debt as Stock.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 18, 2016
Download the file for Receipt of
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 17, 2015
Download the file for Revisiting Allocation of Basis Issues:
by Elliot Pisem
Published: To Our Clients And Friends, November 11, 2015
Download the file for New Partnership Audit Rules May Not Apply Until 2018, But They Are Your Headache Right Now.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 15, 2015
Download the file for What is
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 18, 2015
Download the file for Tax Treatment When Estate Satisfies Transaction-Related Claims.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 16, 2015
Download the file for Inclusion of Refundable Tax Credits in Income.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 19, 2015
Download the file for
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 18, 2014
Download the file for Income Classification Pitfalls for Executives of Startups.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 16, 2014
Download the file for Claim for Bad Tax Advice Results in Nontaxable Recovery.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 21, 2014
Download the file for Deductibility of Payments to Settle False Claims Act Liability.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2014
Download the file for Stock Rights Under §457A: Revenue Ruling 2014-18.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 17, 2014
Download the file for Loss Deduction for Forfeiture of Insider Trading Profits.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2014
Download the file for Property Abandonment Results in Capital Loss:
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2013
Download the file for
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 17, 2013
Download the file for Loss Disallowance for S Corp. Shareholders: 'Bronz'.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 15, 2013
Download the file for Can the Issuance of Form 1099-C Cancel a Debt?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 18, 2013
Download the file for Diverse Approaches to Allocation of Basis in Demutualizations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2013
Download the file for Revocation of S Corp Election During Bankruptcy Upheld.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 21, 2013
Download the file for Firm Denied Current Deduction for Out-of-Pocket Disbursements.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 20, 2012
Download the file for More About Step Transactions: G.D. Parker v. Commissioner.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2012
Download the file for Disqualification of Employee Trust: 'Yarish v. Commissioner'.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2012
Download the file for <p>The Need for a Plan: Enterprises, Inc. v. Commissioner</p>
.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2012
Download the file for Taxpayer Fights Regulations, and Wins: 'Dominion Resources'.
by Elliot Pisem
Published: Journal of Taxation, May 01, 2012
Download the file for 'STARS' Wars -- the Service Strikes Back at Taxpayer Claims of Privilege.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2012
Download the file for Revocation of Tax Election by Non-Debtor Declared Void.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, February 16, 2012
Download the file for Accrual of Deduction for Disputed Amount.
by Elliot Pisem
Published: Journal of Taxation, February 01, 2012
Download the file for The Wizard of Broz: S Corporations, Economic Outlay, and Debt Basis.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 20, 2011
Download the file for Warrants and Tax Avoidance Motivation Prove Hazardous.
by David E. Kahen, Elliot Pisem
Published: New York Law Journel, August 18, 2011
Download the file for Noncompetition Covenants: 'Recovery Group v. Commissioner'.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 16, 2011
Download the file for More About Tax 'Substance': 'Hellweg v. Commissioner'.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 21, 2011
Download the file for Transferee Liability: Recent Developments.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, February 17, 2011
Download the file for Substance Over Form - 'WB Acquisitions'.
by Elliot Pisem
Published: Journal of Taxation, February 01, 2011
Download the file for Court of Federal Claims Splits on the Computation of the TEFRA 'Jurisdictional Deposit'.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 16, 2010
Download the file for Reliance On Tax Opinion May Not Prevent Penalties.
by Elliot Pisem
Published: Journal of Taxation, December 01, 2010
Download the file for Lack of Consistency in S Corporation Reporting -- How Onerous Are the Results?.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 21, 2010
Download the file for Rules Address Reporting of Securities Transactions.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 19, 2010
Download the file for Tax Court Decision Clarifies Treatment of Built-In Gain.
by Elliot Pisem
Published: Journal of Taxation, July 01, 2010
Download the file for Sales-Based Contingent Royalties Are Not a Production Cost Capitalized Under Section 263A.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 17, 2010
Download the file for What is (Not) Income? Nathel v. Commissioner.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 15, 2010
Download the file for Ruling Illustrates Treatment of Payments to Settle Litigation.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 17, 2009
Download the file for Drawing a Line -- Information Reporting vs. Malicious Gossip.
by Elliot Pisem
Published: NYU 68th Institute on Federal Taxation, October 21, 2009
Download the file for Hot Like-Kind Exchange Issues.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 15, 2009
Download the file for IRAs Barred From Owning Stock in S Corporation.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 16, 2009
Download the file for Court Addresses 'Reasonableness' of Compensation.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 18, 2009
Download the file for Allocations of Consideration for a Closely Held Business - Muskat v. United States.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 18, 2008
Download the file for Proposed Regulations Clarify Penalty Taxes on Income Inclusions.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 16, 2008
Download the file for Ruling Highlights Importance of Drafting to Indemnification.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 21, 2008
Download the file for Decisions Underline Scope of IRS Summons Power.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 19, 2008
Download the file for Shareholder Disputes Give Rise to Tax Disputes.
by Elliot Pisem
Published: Journal of Taxation, May 01, 2008
Download the file for What Happened to My Prepayment Forum? The Penalty Problem in TEFRA Partnership Audit Cases.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 17, 2008
Download the file for Forfeiture of Deductions for Failure to File Timely Return: (Swallows Holding, Ltd. v. Commissioner).
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 21, 2008
Download the file for Ernst & Young: When Must Stocks Be Taken Into Income?.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 18, 2007
Download the file for Ruling Has Not Resolved Work-Product Privilege Issue.
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, August 16, 2007
Download the file for Recent Developments Related To Nontaxable Spinoffs.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 21, 2007
Download the file for Warrants Not Received 'In Connection With' Performance of Services.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 21, 2006
Download the file for The Burden of Persuasion in Tax Litigation.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 17, 2006
Download the file for Court Addresses Limitations on Pass-Through of Losses.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 20, 2006
Download the file for Applying Section 162(m) To Partnership Remuneration.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 15, 2005
Download the file for When Is A Contract An Option?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 20, 2005
Download the file for Gain Clarified in Shareholder Loans to S Corporations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 18, 2005
Download the file for Impact of Securities Laws on Taxation of Compensation.
by Elliot Pisem
Published: The Metropolitan Corporate Counsel, May 01, 2005
Download the file for How Many Tax Opinions Will You Need: And Where Will You Get Them?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 21, 2005
Download the file for Formation, Reorganization, Liquidation of Insolvent Corporations.
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, February 17, 2005
Download the file for Redemption of Stock in Family-Owned Corporation.
by Ezra Dyckman, Elliot Pisem
Published: R&H Letter to Clients and Friends, December 28, 2004
Download the file for REIT Provisions under American Jobs Creation Act of 2004.
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, December 16, 2004
Download the file for Deductibility Limits on Accrued Interest to Related Parties.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 19, 2004
Download the file for Exchanges of Short-Term Debt Instruments in Reorganizations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 17, 2004
Download the file for 'Dover' and the Consequences of Check-the-Box Liquidations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 19, 2004
Download the file for Treatment of Contingent Liabilities Assumed in Purchase of Assets.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 18, 2003
Download the file for New Guidance Regarding Tax Treatment of Deemed Liquidations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 16, 2003
Download the file for Mirror, Mirror on the Wall: When a Liability Is an Asset.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 21, 2003
Download the file for Reduction of Tax Attributes Following Cancellation of Debt.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2003
Download the file for Requirements for Spinoff Transactions.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 17, 2003
Download the file for Transfers to RICs and REITs.
by Elliot Pisem, David E. Kahen
Published: The Metropolitan Corporate Counsel, March 01, 2003
Download the file for New Proposed Rules Will Change Tax Treatment of Acquisition Costs.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2003
Download the file for New Regulations Regarding Treatment of Transaction Costs.
by Elliot Pisem
Published: R & H Letter to Clients and Friends, January 10, 2003
Download the file for Disclosures Required on 2002 Tax Returns.
by Elliot Pisem
Published: The Metropolitan Corporate Counsel, January 01, 2003
Download the file for Privilege in Tax Matters: Your Accountant v. Your Lawyer?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2002
Download the file for Further Liberalization of Requirements for Corporate Reorganization.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 17, 2002
Download the file for IRS Settlement Initiatives Relating to Tax Shelters.
by Elliot Pisem, David E. Kahen
Published: The New York Journal, August 15, 2002
Download the file for Active Trade or Business Requirements for Nontaxable Spin Offs - Rev. Rul. 2002-49.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2002
Download the file for When Should a Distribution Be Taxed As an Exchange? -- 'Steel v. Commissioner'.
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 18, 2002
Download the file for Accounting for Prepaid Items:  'U.S. Freightways v. Commissioner'.
by Elliot Pisem, Lary S. Wolf
Published: R & H Letter to Clients and Friends, March 20, 2002
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 14, 2002
Download the file for The
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 20, 2001
Download the file for The Hazards of (Mis)Allocation of Purchae Price.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2001
Download the file for Step Transactions and Mergers: Rev. Rul. 2001-46.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2001
Download the file for
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2001
Download the file for New Rulings Regarding Corporate Reorganizations.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2001
Download the file for Stock Redemption or Payment of Compensation?.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 15, 2001
Download the file for Supreme Court Addresses Discharge of Debt Income for S Corporation in
by Elliot Pisem, Lary S. Wolf
Published: R & H Letter to Clients & Friends, September 20, 2000
by Elliot Pisem
Published: New York Law Journal, August 17, 2000
Download the file for What's the Option Worth?.
by Elliot Pisem
Published: New York Law Journal, June 15, 2000
Download the file for When Is a Merger Not a Merger?.
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, April 20, 2000
Download the file for Rules for Product Liability Losses for Consolidated Groups.
by Elliot Pisem, Ronald A. Morris, Ellen Seiler Brody
Published: R & H Letter to Clients & Friends, February 28, 2000
by Elliot Pisem, Ezra Dyckman
Published: New York Law Journal, February 17, 2000
Download the file for Conversion of Corporations to RICs and REITs.
by Elliot Pisem, Ezra Dyckman
Published: New York Law Journal, December 23, 1999
Download the file for Ticket to Work and Work Incentives Act of 1999.
by Elliot Pisem
Published: New York Law Journal, October 12, 1999
Download the file for Tax Law's Insolvency Definition Not the Same as Bankruptcy's.
by Elliot Pisem
Published: New York Law Journal, August 19, 1999
Download the file for New Rules for Purchase Price Allocations in Taxable
by Elliot Pisem
Published: New York Law Journal, June 19, 1999
Download the file for Treasury Brings
by Elliot Pisem
Published: R & H Newsletter -- Tax Insights, February 28, 1999
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, December 24, 1998
Download the file for Bankruptcy Code Trumps Internal Revenue Code.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, November 01, 1998
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, September 01, 1998
by Elliot Pisem
Published: New York Law Journal, August 27, 1998
Download the file for Just When You Thought It Was Safe to Go Back in the Water: Recharacterizing Debt as Equity.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, July 01, 1998
by Elliot Pisem
Published: New York Law Journal, June 25, 1998
Download the file for Compensatory Stock Options: IRS Provides Some Guidance on Gift and Estate Tax Issues.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, May 01, 1998
by Elliot Pisem, Allen J. Erreich
Published: New York Law Journal, April 23, 1998
Download the file for Selling Closely-Held Stock to an Employee Stock Ownership Plan -- How Adequate Must the Consideration Be?.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, March 01, 1998
by Elliot Pisem, Quincy Cotton
Published: New York Law Journal, October 23, 1997
Download the file for To Vote or Not to Vote, That Is the Question.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, September 01, 1997
by Elliot Pisem
Published: New York Law Journal, August 28, 1997
Download the file for Corporate Provisions of the Taxpayer Relief Act of 1997.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, July 01, 1997
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, June 26, 1997
Download the file for Employee Sells a Home and Employer Gets a Tax Deduction.
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, May 01, 1997
by Elliot Pisem
Published: New York Law Journal, April 24, 1997
Download the file for Rules on Below-Market and Interest-Free Loans.
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, February 27, 1997
Download the file for Continuity of Interest Rules May Be Liberalized -- But Can Remain a Trap for the Unwary.
by Elliot Pisem, Lary S. Wolf, Peter A. Glicklich
Published: R & H Newsletter -- Tax Insights, January 01, 1997
by Ronald A. Morris, Elliot Pisem
Published: National Real Estate Investor, January 01, 1997