Jeffrey R. Davine

Senior Counsel

davine@ballardspahr.com
Tel 303.299.7312
Fax 303.382-4612
Denver

Jeffrey R. Davine focuses on federal and local taxation, tax planning, and estate planning issues, including pass-through entities, business transactions, real estate taxation, certain employee benefits, tax controversies, and trusts, estates, and probate.

Transactional work includes:

  • Representing and advising a broad range of buyers and sellers of businesses together with tax advice, planning, and structuring
  • Representation of auto finance companies, including the design of Delaware series LLC structures and preparation of contracts, operating agreements, and investment documents
  • Structuring real estate investments and preparation of limited liability company operating agreements

A significant part of Jeffrey's practice involves foreign tax matters. His international tax work includes:

  • Advice concerning acquisition by foreign persons from various countries of U.S. real estate interests, passive investments, and operating businesses
  • Participation by U.S. persons in joint ventures, limited liability companies, and corporations operating businesses in foreign countries including Canada, India, China, South America, the European Union, and Russia
  • Investment by U.S. persons in foreign real estate developments and transactions by which U.S. consumer promissory notes owed to foreign sellers of real estate interests may be collected (usually in a trust) and pledged to secure a loan to the foreign sellers in a manner that avoids U.S. withholding tax on payments of interest to the foreign sellers
  • Work involving planning with controlled foreign corporations and international sales, service contracts, and licensing

In addition, a continuing part of Jeffrey's practice involves formation of and representation of nonprofit entities. He has represented a symphony organization in connection with certain restructuring and has formed a number of nonprofits, including those related to prevention of cruelty to animals, fostering amateur athletic competition, medical research, donation of property "in kind," and general charitable purposes. Work includes dealing with private foundation questions such as investment limitations, self dealing, mandatory payout requirements, excess business holdings, restricted investments, and excise tax on investment income. Jeffrey has prepared applications for tax-exempt status under IRC Section 501(c)(3) and other sections, including title holding entities, social clubs, and business leagues.

Professional Activities

American Bar Association, Sales, Exchanges and Basis Committee; Foreign Activities of U.S. Taxpayers Committee; and U.S. Activities of Foreigners and Tax Treaties Committee

Colorado Bar Association

University of Denver Sturm College of Law, past adjunct professor, corporate taxation

Publications

Jeffrey has published articles and spoken on partnership allocations and transactions, limitations on the use of corporate net operating loss carryovers, time value of money rules, the treatment of partnership interests issued as compensation, tax-deferred exchanges of tenancy-in-common interests, and nonqualified compensation plans.

Co-author, "Disregarded Entities Are Now Responsible for Their Own Employment Taxes," Practical U.S./Domestic Tax Strategies, WorldTrade Executive, Inc., July 2009

Speaking Engagements

"Troubled Debt and Workouts," Ballard Breakfast Briefing, June 4, 2009

University of Colorado Law School (J.D. 1977)

New York University School of Law (LL.M., taxation, 1978)

University of Colorado (B.A. 1973, summa cum laude; M.A. 1992)

Colorado