Biography

Scott D. Newman  
Partner  
K&L Gates LLP

Areas of Practice

Mr. Newman is experienced in virtually all aspects of Federal income taxation.  His selected areas of specialization are:  representation of global traders in commodities and securities and international broker/dealers; representation of Japanese multinationals with U.S. operations, particularly as to transfer pricing matters; international tax planning in connection with both inbound and outbound investments; cross-border financing, including international tax consequences of swaps, caps, collars, equity-linked derivatives, etc.; structuring of complex domestic and foreign partnerships and “check-the-box” entities; transfer pricing issues under §482 and issues involved in satisfying “contemporaneous documentation” requirements under §6662; negotiating, preparing and obtaining Advance Pricing Agreements; utilization of Competent Authority procedures to resolve transfer pricing issues; structuring offshore oil and gas extraction and production joint ventures (e.g., Russia); and structuring cross-border mergers and acquisitions, leveraged buy-outs, sales and dispositions of corporate businesses; tax planning with respect to the foreign and U.S. tax consequences of the overseas operations of U.S. multi-nationals; restructuring of foreign subsidiaries of U.S. multinationals in order to maximize utilization of foreign tax credits; and representation of clients at the Appeals level of the Internal Revenue Service, and before the taxing authorities of foreign jurisdictions (e.g., the U.K. Office of Oil Taxation). 

Mr. Newman is experienced in various types of asset securitization transactions (including credit card receivables, real estate tax liens and residential home mortgages), with particular emphasis on choice of appropriate vehicle from a tax standpoint (e.g., grantor trusts and limited partnerships) and the use of special purpose entities (e.g., REMICs and FASITs). He is also experienced in hedge funds and private equity funds.
Professional Background

Major accomplishment:  negotiated and obtained one of the earliest APAs, helping to launch the APA program, and participated materially in the drafting of Rev. Proc. 91-22.  Biography appears in Marquis’ “Who’s Who in American Law” and “Who’s Who in America”.

Court Admissions

• U.S. District Court for Southern and Eastern Districts of New York
• U.S. Court of Appeals for the 2nd Circuit
• U.S. Claims Court
• U.S. Court of Appeals for the Federal Circuit
• U.S. Tax Court

Bar Admissions

• Bar of New York

Education

• LL.M., New York University School of Law (1977)
• J.D., Harvard Law School (1973)
• M.B.A., Harvard University (1973) (Honors)
• B.A., Yale University (1969) (magna cum laude; Phi Beta Kappa)

Additional Information

• Co-authored the following series of tape cassettes: “The New Tax Reform Act of 1976”, “Tax Reform ’76”, “The Economic Recovery Tax Act of 1981”, “Tax Reform ‘84”, and “Tax Reform Act of 1986.”
• Authored tape program entitled “New Limitations on Net Operating Losses:  A review of Internal Revenue Code Sections 172 and 382 as Amended by the Tax Reform Act of 1976” and “Treasury II:  Overview of President Regan’s Tax Proposals”. 
• “Structuring the Sale of the Closely Held Corporate Business:  Alternative Strategies”, reprinted in the Proceedings of New York University’s Forty-First Annual Institute on Federal Taxation.

Associated Items

Scott D. Newman is associated with the following items:

  Web Segment

• Tax Issues from the web program Intellectual Property Issues in Business Transactions 2010
  

  CHB Chapters

• Certain U.S. and Foreign Tax Considerations in Connection with the International Licensing of Intellectual Property from the book Intellectual Property Issues in Business Transactions 2010
  

  MP3 Audio

• Intellectual Property Issues in Business Transactions 2010: Tax Issues