Education

Boston College Law School, J.D.

New York University School of Law, LL.M., Taxation

University of Massachusetts at Amherst, A.B.

Bar Admissions

New York

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Mark Stone

Partner
New York
t: 212-513-3577

Mark Stone practices in the area of corporate, international and real estate taxation and has considerable experience in the representation of non-U.S. companies. He has represented clients from Europe and Japan in a variety of tax matters, including acting as lead U.S. tax counsel for the purchaser in the reportedly largest acquisition at the time by a Japanese company outside of Japan and acquisitions in the U.S. by a leading telecommunications company and other publicly held European enterprises. In addition to international corporate tax matters, he is well versed in the withholding and partnership tax aspects of cross-border licenses and joint ventures. In the domestic setting, Mr. Stone has represented complex real estate partnership/LLCs in tax matters arising out of refinancing of hotels and office buildings and restructuring of the underlying ownership interests. He also advises on domestic and international tax aspects of fund formation and investments and complex "section 467" leases.

Mr. Stone is president of the International Tax Institute, Inc., chair of the Federal Taxation of Real Estate Committee of the American Bar Association's Real Property Section (2011-2012) and past chair of the New York City Bar Committee on Taxation of Business Entities (2005-2008), where he led the committee to national prominence through the issuance of well-respected reports to Treasury, Congress and the OECD. He frequently speaks on international tax and real estate tax issues at the ABA and other forums.

Professional Honors & Awards

  • New York Super Lawyers magazine, 2009-2011

Memberships

  • International Tax Institute, Inc., President
  • International Fiscal Association (USA)
  • Committee on Taxation of Business Entities of the New York City Bar, Past Chair, 2005-2008, Member
  • American Bar Association (Taxation Section)
  • Federal Taxation of Real Estate Committee of the ABA Section of Real Property, Trust & Estate Law, Chair, 2011-2012

Speaking Engagements

  • U.S. Investors, Lenders and Tenants in Troubled Foreign Real Estate: Pitfalls and Opportunities in Getting Out and Getting In, ABA Section of Real Property, Trust & Estate Law Annual Spring Symposia, Program Chair, May 2010
  • International Transactions, Seventh Annual Institute on Tax Aspects of Mergers and Acquisition, Penn State Dickinson School of Law and New York City Bar Center for CLE Program, April 2010
  • Tax Opportunities and Pitfalls in Real Estate Workouts, American Bar Association Annual Meeting, Real Property, Trust & Estate Law Section Program, August 2009
  • Extension of Anti-Conduit Financing Regulations to Disregarded Entities and Hybrid Instruments, International Tax Institute, Inc., February 2009
  • Joint Session of FAUST, FLT, Transfer Pricing and USAFTT: Current Developments, ABA Section of Taxation Midyear Meeting, January 2009
  • The Tax Side of Real Estate & Partnership Workouts, Sales and Foreclosures, ABA Real Property Section Teleconference, December 2008
  • Evolution of the LOB Article: Recent Trends and Future Possibilities, BNA Tax Management U.S. International and Transfer Pricing Advisory Board Meeting, August 2008
  • Beneficial Ownership Issues in Treaties, International Fiscal Association USA NY Chapter International Tax Seminar, July 2008
  • Ninth Annual Corporate & Securities Law Updates (Corporate Tax), New York City Bar CLE Program, May 2008
  • Herman Goldman Lecture: Prospects, Policy and Politics of Federal Tax Reform in 2008-2009 (Moderator), New York City Bar CLE Program, April 2008
  • The Dawn of a New Era: Higher Ethical & Penalty Standards for Professionals Who Give Tax Advice, New York City Bar CLE Program, March 2008
  • Eighth Annual Corporate & Securities Law Updates (Corporate Tax), New York City Bar CLE Program, May 2007
  • What Every Corporate Lawyer Should Know About Basic Tax Issues in M&A, New York City Bar CLE Program, November 2005

Published Articles & Books

  • "Congress Passes Tax Relief through 2010 for Solvent Debtors Holding Real Estate," American Bar Association Section of Real Property, Trust & Estate Law eReport, October 2009
  • "The Evolution of Limitation on Benefits, Beneficial Ownership, and Similar Rules: Recent Trends and Future Possibilities (Co-Author)," 37 Tax Management International Journal 719, December 2008
  • "NYC Bar Report on Accounting for Interest on Nonperforming Loans (Report by the Committee on Taxation of Business Entities of the New York City Bar - Significant Contributor)," 120 Tax Notes 769, August 2008
  • "Derivative Benefits Provisions in Tax Treaties (Report by the Committee on Taxation of Business Entities of the New York City Bar - Co-Author)," 119 Tax Notes 1087, June 2008
  • "U.S. Tax Treatment of Lending Activities Conducted Within the U.S. by Foreign Persons: Proposed Guidance (Report by the Committee on Taxation of Business Entities of the New York City Bar - Contributing Author)," 115 Tax Notes 1143 , (2007)
  • "Partnership Allocations - Getting it Drafted Simple, but Right," 21 Tax Mgmt. Real Est. J. 207 , (July 2005)
  • "Tax-Free Triangular C Reorganization for Foreign Acquisitions of U.S.Businesses (Principal Author)," 1 Tax Planning International Mergers & Acquisitions 3, (2002)
  • "Installment Method Eligibility For Stock Sale Elections Under Section 338(h)(10) of the Code (Report by the Committee on Taxation of Corporations and the Committee on Taxation of Partnerships and Other Pass-Through Entities of the Association of the Bar of the City of New York, Principal Author)," Tax Notes Today, (June 1997)
  • "Postreorganization Transactions and Continuity of Shareholder Interest (Report by the Committee on Taxation of Corporations of the Association of the Bar of the City of New York - Contributing Author)," 72 Tax Notes 1401 , (1996)
  • "S Corporations, Section 304, and the Section 1371(a)(1) Traffic-Cop Rules," 14 University of Virginia Tax Review 13, (1994)
  • "Deduction for Timber Casualty Losses Has New Significance in Light of Hurricane Hugo," 12 Journal of Agricultural Taxation and Law 17, (1990)