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Robert S. Schwartz

rschwartz@lindabury.com
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908.233.6800

1515 Market St
Philadelphia, Pennsylvania 19102

53 Cardinal Dr
Westfield, New Jersey 07090

26 Broadway, 21st Floor
New York, New York 10004

Robert S. Schwartz concentrates his practice in the area of corporate transactions, wills trusts & estates and all aspects of federal and state taxation.

Born in Hazleton, Pennsylvania, Robert S. Schwartz began his career by serving nearly five years in the Corporate Reorganization Branch of the Internal Revenue Service, Office of Chief Counsel, in Washington D.C. He is admitted to practice in New York, Florida, New Jersey, and Pennsylvania, and before the United States Tax Court. He has many years of experience advising clients in federal and state, income, excise, estate and gift and other tax matters in the international and domestic taxation planning contexts. He also represents clients before federal and state tax authorities, administration and judicial, in all kinds of civil tax controversiers, including sales and use taxes and overseas asset disclosures. He has served as the Chair of the New Jersey Bar Association Section on Taxation Law and as Chair of the Partnership Taxation Committee and on the New Jersey State Bar Assocaition's Supreme Court Committee on the Tax Court. He also served on the tax committees of the New Jersey Chamber of Commerce and the New Jersey Business and Industry Association. He is the author of numerous articles in national publications and a frequent lecturer and speaker on a broad spectrum of taxation subjects and topics. He has an AV rating from Martindale-Hubbell.

Publications
  • U.S. Persons' Passports and Passport Eligibility Now Affected by Federal Tax Considerations, American Bar Association Business Tax Quarterly, Spring 2016
  • The Growing List of Prohibited Transactions When Using Self-Directed IRAs, Journal of Pension Benefits, December 4, 2015
  • Discriminatory Taxation and Internal Consistency After Comptroller of the Treasury of Maryland v. Brian Wynne et ux., The Practical Tax Lawyer, November 2015
  • Lawrence F Peek v. Commissioner: Did the US Tax Court Get It Right?, Journal of Pension Benefits - Summer 2015 
  • Statute of Limitations: IRS Examination Goes Too far in Extending Statute of Limitations for Unreported Foreign Source Income, Journal of Tax Practice & Procedure, March 1, 2013
  • House Rule 3590 - Patient Protection and Affordable Care Act, as amended House Rule 4872- Health Care and Education Reconciliation Act of 2010, May 6, 2010
  • Take Advantage of Tax Change in the Federal Stimulus Bill, New Jersey Business & Industry Report Newsletter, October 6, 2009
  • New Section 409A Creates New Rules Governing Nonqualified Deferred Compensation, The Practical Tax Lawyer, July 1, 2005
  • Business Taxes and Budget Keep Growing in New Jersey, 9 Business Advocate 4, April 23, 2004
  • Are Attorney Contingency Fees Included in a Client’s Gross Taxable Income?, 15 PRACTICAL LITIGATOR 17, January 1, 2004
  • Navigating International Law: it's a Small But Complicated World After All, 49 N.J. Business 36, October 14, 2003
  • Contingent Fees: Client's Taxable Income?, 12 N.J.L. 1564, August 18, 2003
  • What You Should Know About Obtaining IRS Private Letter Rulings, 17 The Practical Tax Lawyer 49, October 15, 2002
  • Repeal of Installment Sale Tax Reporting, 5 Business Advocate 4, October 7, 2000
  • Trust Provides more Than Tax Savings, Physician's Money Digest 16, May 15, 2000
  • Home In on Mega-Tax Savings, 27 Personal Finance 6, April 12, 2000
  • IRS Approves Split-Purchase: Qualified Personal Residence Trust, Probate & Property of the A.B.A. 55, March 30, 1999
  • Non-Effective Pass-Through Tax Classification, 26 Taxation Law Section Newsletter 1, N.J.S.B.A., February 14, 1997
  • New Jersey and Electronic Tax Nexus, 1 N.J. Tax Notebook 3, August 26, 1996
  • The IRC Section 42 Tax Credit, 25 TAXATION LAW SECTION NEWSLETTER 2, N.J.S.B.A., April 17, 1996
  • Estate and Income Tax Planning for IRA and Qualified Plan Accounts, 9 The Practical Tax Lawyer 11, July 15, 1995
  • Taisei: U.S. Agent Did Not Create Permanent Establishment, 6 J. INT’L TAXATION 292, July 7, 1995
  • Family Limited Partnerships after Announcement 95-8, N.J.S.B.A. Newsletter, June 12, 1995
  • Low-Income Housing Tax Credit Basics and Financing, Joseph M. Lemond, Co-Author, 21 Real Estate L.J., June 2, 1993
  • Understanding the Proposed Partnership Disguised Sale Regulations, 6 PRACTICAL TAX LAWYER 53, November 1, 1991
  • Give the Section 42 Housing Credit the Credit It’s Due, 124 N.J.L.J., July 27, 1989
  • The New Section 355 Regulations for Corporate Distributions, 3 THE PRACTICAL TAX LAWYER 57, May 8,1989
  • What Counsel Must Know About the New Tax Penalty and Compliance Provisions, 1 PRACTICAL TAX LAWYER 63, July 14, 1987
Education
  • LL.M., in Taxation, Temple University James E. Beasley School of Law, 1980
  • J.D., Duquesne University, 1979
  • B.A., University of Dayton, 1976
Admissions
  • Florida, 1989
  • New Jersey, 1986
  • New York, 1986
  • Pennsylvania, 1979
  • United States Tax Court, 1993
Professional & Bar Association Memberships
  • American Bar Association
  • New Jersey State Bar Association Past Chair of the Section on Taxation Law
  • New York State Bar Association
  • United States Tax Court
  • The Florida Bar