Law Office of Andrew L. Gradman

Education and Affiliations

Publications

All errors in these articles are mine and mine alone, except for the typographical errors; these were added by the editors of the respective publications.

Articles about Opportunity Zones have asterisks**.

• Tax Notes Federal
  
  • **How Forgiving Recapture Gain Turns QOZs into Tax Shelters. 11/25/19.
  • **Incremental OZ Reform Could Be a Step Backward. (letter to the editor) 5/9/22.
• Tax Notes State
  • **Opportunity Zone Planning When Penalties are a Certainty. 7/11/2022.
• ABA Tax Times
  • The Case For Letting Taxpayers Buy Ivermectin with Health Savings Accounts. Accepted for publication.
• Bloomberg Insights
  • Deferring Tax with IRC 453, Without Crossing the Line. 5/2/22.
  • **Using a Qualified Opportunity Fund to Invest in non-QOZ Property. 03/15/22.
  • Cannabis Taxpayers Find Flaws in New Section 471(c) Regs. With AB FinWright, LLP. 03/11/21
  • Hidden Tax Dangers in Cannabis Outsourcing Arrangements. With AB FinWright, LLP. 09/15/21
• Bloomberg Tax Journals
  • Negative Capital Freezes and Subchapter K. Real Estate Journal; Estate, Gifts, & Trusts Journal, 10/19/22.
  • The Installment Method: Misuses that Make Me Lose Sleep. Real Estate Journal, 05/18/22.
  • **What Good is OZ Reporting if We Don’t Agree on the Goals? Real Estate Journal, 03/16/22.
  • Family Offices Allow (Some) Taxpayers to Deduct Investment Related Expenses. Estates, Gift, and Trusts Journal, 03/12/20. With Alan S. Gassman et al.
• California Tax Lawyer (Publication of the California Lawyers Association - Taxation Section)
  • **Personal Goodwill For New QO Funds, Business Goodwill For Old Ones: IRS May Cry “Whipsaw".  February 2022. 
• CEB Reporters
  • QSBS Letters: Best (and Worst) Practices. Business Law Reporter. March 2022.
  • Avoiding California Taxation: Considerations for Individuals Currently Domiciled in the State. Business Law Reporter. July 2021.
  • Trustee's Personal Liability for Estate Taxes. Estate Planning & California Probate Reporter. November 2021.
  • Real Estate Tax Tips During Coronavirus. Real Property Law Reporter. May 2020.
  • Coronavirus Legislation Contains Employment Tax Relief, and Mixed Messages. Business Law Reporter. July 2020.
  • California Taxation (Sep. 2020) Case Summary. 42 Cal. Bus. L. Rep. 2
• LA Daily Journal
  • If you squander this once-in-a-lifetime chance to make tax-free gifts, you're not a bad person. 11/02/21.
  • **QOZ projects have ‘up to’ 24 more months due to COVID-19. 03/19/20. With Michael Wiener.
  • **Treasury Releases Long-Awaited QOZ Regulations. 04/19/19. With Neda Barkhordar.
  • Should You Change Your Accounting Method? An Emerging Cannabis Loophole. With AB FinWright, LLP. 06/16/20
• Quoted in
  • Wall Street Journal, IRS Says Tax-Free Maltese Pensions Are Too Good to Be True. 12/21/21.
  • Journal of Taxation, Shop Talk: How Small Can a Partner's Interest Be: Did "Small" Just Get Smaller? Publication Pending. By Sheldon I. Banoff, Richard M. Lipton, and Adam M. Cohen.
• Your Tax Matters Partner blog
  • The Stuff That Dreams Are Made Of – The Rise And Fall Of Malta Pension Plans. 02/02/22.
• CEB (CA Continuing Education of the Bar) blog
  • **IRS Releases Generous Guidance for QOZs During Coronavirus Pandemic.
  • **Poking Holes in the Final QOZ Regulations. 01/30/20.
  • Limits on the Installment Method of Accounting for Gain. 10/15/20.
  • California Passes Partial Tax Conformity Bill, Raising More Questions. 10/17/19.
  • Split Roll Ballot Measure Could Scale Back Proposition 13. 10/01/20
  • Employment Tax Relief Under the Families First and CARES Acts. 05/06/20
• 420cpa.com blog
  • The Mechanics of the Cannabis Cultivation Tax in California. 07/24/20. With Abraham Finberg & Rachel Wright. 

• Unpublished 
  • Incentive under the CARES Act to Invest in Capital Intensive Businesses During 2020.
• Update author for publications by CEB (CA Continuing Education of the Bar):
  
  • Advising California Employers and Employees - chapter 7, “Tax Compliance”
  • Advising California Partnerships - chapter 3, “Tax Considerations on Formation of and Contributions to Partnership” 
  • Advising California Partnerships - chapter 14, “Taxation of Transfers and Terminations of Partnership Interests”
  • Advising California Partnerships - chapter 16, "Dissociation and Transfer of Partnership Interests"
  • Business Buy-Sell Agreements - chapter 3, “Corporate Buy-Sell Agreements”
  • Drafting California Irrevocable Trusts - chapter 14, “Grantor Retained Income Trusts (GRITs)"
  • Drafting California Irrevocable Trusts - chapter 15, “Grantor Retained Annuity Trusts (GRATs)”
  • Organizing Corporations in California - chapter 1, "Considerations Before Incorporation"
  • Organizing Corporations in California - chapter 2A, “Conversions and Mergers”
  • Trade Secrets Practice in California - chapter 15, "Taxation of Trade Secrets"

Presentations (incomplete list)

I have given dozens of presentations from 1-3 hours to various audiences, including law firms; client groups; CalCPA local chapters; and networking groups. These include:

1. **Presented my paper, “Opportunity Zone Planning When Penalties Are a Certainty” (see above) as part of the 2022 California Lawyers Association DC Delegation.
2. Several presentations recorded by CA Continuing Education of the Bar (CEB).  **Example.
3. Several presentations recorded by CalCPA, e.g. on NOLs (handout) and **QOZs (handout).
4. Where do Loopholes Come From? 08/28/20 (Podcast - McKenna Brink)
5. How to Understand, Mitigate, and Defend Tax Penalties 10/12/21 (PodCast - Tax Girl)
6. California Prop 19: A (Slightly Technical) Introduction 12/26/20 (solo presentation)
7. **Seminar re QOZs 11/10/21 (with Lerman Law Partners)
8. Guest lecturer for David Rice for accounting students, Cal Poly Pomona (3 hours).
9. **Novogradac Spring 2022 Opportunity Zones Conference (“Structuring Insights” panel)
10. **7 Common Mistakes Made By OZ Investors. OpportunityDB. 6/14/22.
11. QSBS Slides - presented to Tax Masters (Provisors), 7/13/22