professionals
photo of Timothy M. Lynn Practice Areas
Education
  • J.D., Cornell Law School, 1996
  • B.A., College of the Holy Cross, 1993
 Admissions
  • New York

Timothy M. Lynn

Member

tlynn@bhlawpllc.com

Direct Dial: 315.701.6426
Direct Fax: 315.423.2885
vCard: Add to Address Book

Practice

Tim is a member of the firm and practices in the areas of business acquisitions, business combinations, business sales, business transactions, commercial transactions, estate planning, nonprofit law and tax planning.

Tim Lynn's Tax and Economic Development Blog

Representative Clients -
Air Tiger Express Companies, Inc.
Luther Forest Technology Campus Economic Development Corporation
Raymour & Flanigan
BBL Construction Services
Byrne Dairy
The Nicotra Group
Central New York Dialysis Center

Economic Development Incentives -
Tim helps clients with the intricacies of business development, relocation and expansion. Representative projects include distribution centers, manufacturing facilities, historical rehabilitation projects, residential developments and retail developments. Understanding that New York can be a difficult (and expensive) place to do business, Tim assists clients with utilizing grants, subsidized loans, tax exemptions/credits/reductions, obtaining financing, identifying investors and negotiating investment terms, and working with local officials on project approvals, PILOT agreements and other local development incentives. Tim's experience includes:
NYS Empire Zones Program
Brownfield Cleanup Program
Industrial Development Agencies
Government grants and tax treatment of grants
Energy incentive programs
Historic rehabilitation tax credits
Low income housing tax credits
New markets tax credits
Green incentives
Real property tax abatement and PILOT agreements
1031 exchanges and other tax deferral opportunities

Tax Planning and Advocacy -
Tim assists clients with federal, state and local tax planning, compliance and advocacy, including advising clients with respect to asset and stock transactions, tax-free reorganizations, partnership taxation, Section 1031 exchanges, federal and New York State tax credits, local tax exemptions and assessment challenges, S elections, foreign operations and assets of U.S. taxpayers, U.S. operations of foreign companies, federal and New York State private ruling requests, federal and state tax law lobbying, federal and state audits, and tax litigation.

Government Relations -
Tim has worked extensively with federal and state legislative, executive and agency personnel to advocate for specific rulings, general rule-making and for legislative action. Tim has worked effectively with federal legislators and committees, the New York Senate, the New York State Assembly, the New York State Governor's Office and the New York State Division of Budget to advocate for specific legislative action with regard to economic development issues and projects and tax matters.

Business Transactions -
Tim's experience includes representing clients in asset and stock transactions, providing tax advice in corporate acquisitions, mergers and separations, tax planning and advocacy for partnerships, LLCs, S corporations and C corporations, and advising clients with regard to obtaining loans and investments from banks and outside investors. He represents distressed borrowers in work-outs, assisting clients with start-up businesses, and counseling clients with respect to maximizing tax and other benefits available under various state and federal economic development and environmental remediation programs.

Tim represents businesses of all sizes in their general corporate affairs. He has extensive experience in mergers and acquisitions, both foreign and domestic, including transactions between companies in the United States, the European Union and the Pacific Rim. Tim provides tax counsel to businesses and individuals with respect to LLCs, partnerships and corporations, and assists U.S. taxpayers with foreign operations and foreign taxpayers with U.S. operations.

Not-For-Profit Organizations -
Tim has assisted numerous not-for-profit organizations with formation, tax-exempt status, and corporate compliance issues. His experience includes working with organizations with significant endowment funds and the legal issues associated with the use of such funds and historic dollar value. As special counsel, Tim has helped organizations qualify for charitable status under federal tax laws and to revive such charitable status in situations where the status has lapsed. In a general counsel capacity for several not-for-profit organizations, Tim advises boards of directors with respect to permissible activities and compliance with federal and state laws controlling the actions taken by board members and transactions involving board members.

Tim Lynn in the News

Threatened Empire Zone businesses scramble to make a case -
Syracuse Newspapers, May 29, 2009

Public: Cancel historic hearing-
Skaneateles Journal-February 24, 2010

Board voids rec center contract-
Skaneateles Journal-November 24, 2010

Parking moratorium continues-
Skaneateles Journal-December 12, 2010

NY hopes incentive will help blow the whistle on tax cheats -
Syracuse Newspapers, January 10, 2011

Recent Experience

  • Represented over 40 Empire Zone business enterprises with respect to their appeals of decertification by the Commissioner of Economic Development arising out of the FY2010 New York State budget.
  • Represented the developer of a $16m historic rehabilitation project in Central New York.
  • Represented several Empire Zone business enterprises in litigation against the Commissioner of Economic Development regarding decertification of such companies.
  • Represented a utility and private party with respect to a private letter ruling request seeking a determination that certain improvements are not contributions in aid of construction and qualify for treatment as nonshareholder contributions to capital under Section 118 of the Internal Revenue Code.
  • Lead counsel in the acquisition of 13 companies throughout the U.S. and Asia by a U.S. corporation;
  • Represented a group of taxpayers in negotiations and litigation with the New York State Department of Taxation & Finance regarding refundable Empire Zone tax credits;
  • Represented a group of taxpayers in their efforts to obtain legislation correcting errors in New York's Empire Zones Program;
  • Represented a group of taxpayers in a dispute with the Internal Revenue Service regarding the termination of an S election.

Professional and Community Involvement

  • New York State Bar Association
  • Onondaga County Bar Association
  • Benefits Specialists of Central New York, Inc., Board of Directors
  • Skaneateles Chamber of Commerce, Member and Past President
  • Skaneateles Village Board, Trustee
  • Syracuse Symphony Foundation, Inc., General Counsel
  • United Way of Central New York, Hamilton White Society, Member

Recent Publications and Presentations