A partner with Kramer Levin, Barry Herzog advises clients on a comprehensive range of issues in connection with federal income taxation, in particular on the tax implications of mergers, acquisitions and divestitures; partnerships and joint ventures; bankruptcy and corporate restructuring; financings, including debt and equity offerings and derivatives; real estate transactions; and executive compensation.
In the M&A arena, Barry advises corporations, partnerships and limited liability companies in strategizing, structuring and negotiating acquisitions, mergers, joint ventures, divestitures and spin-offs to maximize tax efficiency and optimize the utilization of tax attributes. He advises private equity and hedge funds in the buying and selling of portfolio companies, fund formation, the tax implications of complex investment strategies and structures, including evaluating the taxation of hedge fund and private equity fund domestic and offshore investors as well as fund principals, and optimizing the tax posture of portfolio companies.
Barry also regularly serves as lead tax counsel in large and often high-profile Chapter 11 bankruptcies and out-of-court restructurings, analyzing and advising on significant and complex tax issues, and developing and implementing plans that preserve and maximize favorable tax attributes and avoid negative tax consequences to both debtors and creditors.
In real estate transactions, Barry assists clients in structuring purchases, sales, financings and investments in real estate partnerships and joint ventures, including complex like-kind exchanges.
Barry has been repeatedly recognized by Chambers USA (2012-2017) and Legal 500 US (2010-2013; 2016, 2017) Turnarounds & Workouts also named him to its list of "Bankruptcy Tax Specialists in the Nation's Major Law Firms" (2010-2014).
J.D., Columbia Law School (1991)
B.A., Yeshiva University (1987) magna cum laude
Bloomberg Tax Management Portfolios
The Portfolio, Transfers to Controlled Corporations: Related Problems, discusses the relationship between §351 and other provisions of the Code.
The Portfolio, Transfers to Controlled Corporations: In General, No. 758, discusses the tax considerations of transferring property to corporations controlled by the transferors.
Capital Assets discusses in detail the provisions of §1221, summarizing its historical development, analyzing its definitions, and describing doctrines and other statutory provisions.
This Bloomberg Tax Portfolio focuses its discussion on the “sale or exchange” requirement that is necessary in order for a capital asset to qualify for capital asset treatment under §1221; the interpretation