Thomas E. DeBrosse

Practices

• Tax

Professional Experience

Tom is a partner in the firm's Tax practice group. He focuses his practice on the design of favorable federal and state taxation structures for sales/acquisitions, real estate transactions, new business ventures, partnerships, limited liability companies and S corporations; taxpayer representation regarding IRS and Ohio tax examinations, appeals and litigation; and general legal advice for closely held businesses.

Education

• The Ohio State University Michael E. Moritz College of Law, J.D., 1980
• University of Minnesota, M.B.A., 1973
• The Ohio State University, B.A., 1972

• Federal Tax
• Favorable private rulings obtained from IRS National Office include the following: (a) statutory consolidation of 12 upper tier companies not subject to investment company rules thereby permitting reorganization treatment resulting in $400 million tax savings; (b) spin off of manufacturing subsidiary qualifies for Section 355 tax free treatment; (c) investment by tax-exempt entity in a for profit joint venture qualifies as a nontaxable related business; and (d) for profit equity-based compensation arrangement for key executive of tax-exempt entity does not jeopardize entity's exempt status.
• Obtained retroactive Section 501(c)(4) tax-exempt status for a church-owned nursing home to allow a $600,000 tax savings on a sale of the facility.
• Negotiated an IRS appeals settlement for a closely held C corporation which resulted in a 100% concession of a large accumulated earnings tax adjustment.
• Obtained a favorable Tax Court settlement with IRS District Counsel by using a novel approach to avoid the statute of limitations to allow the use of a NOL carryback resulting in a $250,000 tax reduction.
• State Tax
• Negotiated an abatement of Ohio sales/use tax audit assessments on the purchase and use of aircraft; assisted efforts which resulted in legislative enactment of an Ohio sales/use tax statutory exemption for qualified aircraft purchases.
• Obtained an Ohio real property tax exemption on a split-listing basis for a substantial portion of a $120 million combination performing arts center/office tower condominium project.
• Obtained a favorable Ohio Board of Tax Appeals decision which allows a long term lease arrangement to qualify as ownership for Ohio real property tax exemption purposes.
• Obtained a favorable settlement by mediation of an Ohio Board of Tax Appeals personal property tax case which resulted in a $350,000 tax savings.
• Negotiated a favorable settlement of an Ohio Board of Tax Appeals personal property tax case in which the Tax Commissioner sought to assess tax on a closely held corporation's art collection.

• Frequent lecturer at bar and CPA association seminars for lawyers and accountants concerning taxation of limited liability companies; sales and use taxes; and various other tax topics.

• 2012 Dayton Tax Law Lawyer of the Year - The Best Lawyers in America
• The Best Lawyers in America, 2013
• Ohio Super Lawyers
• Dayton Business Journal's Best of the Bar