"Taking Advantage," The Daily Deal

Laurie Abramowitz, Partner in the Tax Department, and Nancy E. Fuchs, Partner in the Corporate & Finance Department, authored the article "Taking Advantage," dealing with M&A-triggered tax benefits, which appeared in the March 19, 2010 issue of The Daily Deal and on TheDeal.com. When pricing acquisition transactions, buyers frequently consider the current tax position of the target, including any net operating losses that may be available post-closing to shelter income. But buyers may fail to recognize tax benefits that are triggered by the transaction itself and have significant value. Examples of these are deductions for items such as the exercise or cash-out of employee stock options, transaction bonuses, write-offs of capitalized debt costs and certain transaction expenses. The article discusses some of these benefits and how to take advantage of them.