CRE Act of 2010

Real estate related tax issues; H.R. 5943 The Community Recovery and Enhancement Act. Legislation relates to bonus depreciation for equity investments in troubled real estate.

Client expense: Not reported · Firm income: $10,000

Government targets: HOUSE OF REPRESENTATIVES

H.R.5660, "The Mainstreet Fairness Act," to promote simplification and fairness in the administration and collection of sales and use taxes. All provisions. H.R.1935, amends the Internal Revenue Code of 1986 provides for the treatment of partnership interests held by partners providing services. H.R.3525, to amend Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy and efficiency. H.R.4839, amends Section 118 of the Internal Revenue Code regarding capital contributions by a non-shareholder to include partnerships. H.R.4306, amend IRC of 1986 to permanently extend 15 year recovery period for qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property. H.R.4213, "Tax Extenders Act of 2009," to extend certain expiring tax provisions, Title VI, Subtitle A, partnership interests held by partners providing services, became "American Jobs & Closing Tax Loopholes Act of 2010", Title IV, Revenue Offsets, Subtitle B412, same issue. H.R.5943, "The Community Recovery and Enhancement Act," amends the IRC to allow a new tax deduction for 50% of equity investment in commercial real property made to reduce the amount of indebtness secured by commercial real property. H.R.5901, "Real Estate Jobs and Investment Act of 2010," amends the IRC to increase allowable ownership in a REIT stock allowed by the Foreign Investment in Real Property Tax Act. Sec.1402 of Public Law 111-152 (Patient Protection and Affordable Care Act) imposes a 3.8% tax on net investment income beginning in 2013.

Client expense: $201,911 · Firm income: Not reported

Government targets: Commodity Futures Trading Commission (CFTC), Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE, Securities & Exchange Commission (SEC), White House Office

S. 1637, House Energy Bill H.R. 1935, To amend the Internal Revenue Code of 1986 to provide for the treatment of partnership interests held by partners providing services. H.R. 4213, Tax Extenders Act of 2009 H.R.4109, To amend the Internal Revenue Code of 1986 to allow the low income housing credit to be carried back 5 years, and for other purposes. S. 3578 / H.R. 5982 H.R.3659, Amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts paid for energy efficient property placed in service in commercial buildings pursuant to an approved energy efficiency plan. H.R.3660 , To amend the Internal Revenue Code of 1986 to promote tax parity between the residential and business fuel cell tax credits. H.R.3670, To amend the Internal Revenue Code of 1986 to expand the incentives for the rehabilitation of older buildings, including owner-occupied residences. H.R.3812, To amend the Internal Revenue Code of 1986 to encourage businesses to purchase commercial and residential property in distressed communities by providing an exclusion from tax on certain gains. H.R.3919, To amend the Internal Revenue Code of 1986 to provide for the designation of Clean Energy Business Zones and for tax incentives for the construction of, and employment at, energy-efficient buildings and clean energy facilities, and for other purposes. H.R. 4226, Expanding Building Efficiency Incentives Act of 2009 S. 2899, Renewable Energy Incentive Act H.R. 4256, Sustainable Property Grants Act of 2009 H.R. 5901, Real Estate Jobs and Investment Act of 2010, all provisions H.R. 5943, Community Recovery and Enhancement Act of 2010, all provisions H.R. 5982, Small Business Tax Relief Act of 2010 H.R. 5872, General and Special Risk Insurance Funds Availability Act of 2010, Section 101 H.R. 4853, 2001/2003 Tax Cuts and Estate Tax Relief

Real estate related tax issues; H.R. 5943 the Community Recovery and Enhancement Act

Client expense: Not reported · Firm income: Not reported

H.R. 3484 - To amend title 38, USC, to extend the authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs. - Extend to June 30, 2014, for the period following work-study activities qualifying for an additional veterans' educational assistance allowance: (1) outreach services furnished by employees of a state approving agency; (2) provision of hospital and domiciliary care in a state home; and (3) activity relating to the administration of a national cemetery or state veterans' cemetery. H.R. 3561 - To amend title 38, United States Code, to increase the amount of educational assistance provided to certain veterans for flight training - Revise title 38 to increase the amount of educational assistance provided to certain veterans for flight training H.R. 3577 - Education Assistance to Realign New Eligibilities for Dependents (EARNED) Act of 2009 - Revise title 38 to provide authority for certain members of the Armed Forces with 20 years on active duty service to transfer entitlement to Post-9/11 Educational Assistance to their dependents H.R. 3579 - To amend title 38, United States Code, to provide for an increase in the amount of the reporting fees payable to educational institutions that enroll veterans receiving educational assistance from the Department of Veterans Affairs - Amend the Montgomery GI Bill to increase the reporting fee payable to educational institutions that enroll veterans receiving assistance H.R. 3948 - Test Prep for Heroes Act - Authorizes the use of entitlement assistance under the Post-9/11 veterans' educational assistance program for payment for a test preparatory course in connection with licensing or certification in a vocation or profession. H.R. 4079 - To amend title 38, United States Code, to temporarily remove the requirement for employers to increase wages for veterans enrolled in on-the-job training programs - Temporarily repeal for FY2011-FY2015 requirement for employers to increase wages for veterans enrolled in on-the-job training programs. H.R. 4203 - To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide veterans certain educational assistance payments through direct deposit - Direct the VA Secretary to ensure that a veteran may receive Post-9/11 educational assistance payments through direct deposit H.R. 5826 - To amend title 38, United States Code, to expand the definition of active duty for purposes of the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs to include certain service in the National Guard - Amend title 38 to expand the definition of active duty for purposes of the VA Post-9/11 Educational Assistance Program to include certain service in the National Guard H.R. 5933 - Post-9/11 Veterans Educational Assistance Improvements Act of 2010 Revise provisions concerning the post-9/11 veterans' educational assistance program to, among other things: (1) revise definitions concerning eligibility, and include certain National Guard service as service qualifying for such assistance; (2) revise assistance amounts (including monthly stipends), and types of approved programs of education; (3) allow the pursuit of educational programs at institutions other than institutions of higher learning, including on-job training and apprenticeships, flight training, and correspondence courses; (4) provide an assistance amount for programs of education pursued while on active duty; (5) repeal the limit on the use of such assistance for the payment of only one licensing or certification test; (6) allow an individual entitled to supplemental educational assistance to transfer such entitlement to the post-9/11 program; (7) bar the duplication of benefits under other educational assistance programs; (8) increase the amount of the reporting fee paid by the Secretary of Veterans Affairs (VA) to an educational institution for providing information concerning an individual's enrollment in a program of education; (9) extend to certain National Guard and reserve personnel members eligibility to receive public-private contributions for additional educational assistance; (10) reauthorize through 2016 the Veterans' Advisory Committee on Education; and (11) revise cost-of-living adjustments under the Montgomery GI Bill educational assistance program. Also, provides an alternate subsistence allowance amount for veterans so entitled due to service-connected disabilities. H.R. 3813; S. 3171 - Veterans Training Act - Deems a program of education as an approved program for purposes of the post-9/11 veterans' educational assistance program if the program is offered by an institution offering: (1) post-secondary instruction that leads to an associate or higher degree and the institution is an approved institution of higher learning; or (2) instruction that does not lead to an associate or higher degree and the institution is an approved educational institution. S. 3447; H.R. 5943 - Post-9/11 Veterans Educational Assistance Improvements Act of 2010 - Amend title 38 to improve educational assistance for veterans who served in the Armed Forces after September 11, 2001. LETTER Ensure the modernization of veterans education benefits by allowing those veterans who have served under title 32, USC, in defense of our country to receive equal benefits as their counterparts Views on the Status of the Post 9/11 GI Bill Veterans Educational Assistance Act of 2008 - To ensure that communication between Regional Processing Offices be uniform and all Veterans be able to use their educational benefits and also be able to transfer to dependents of those who have retired from active duty, and inclusion of title 32 Active Duty Guard Reserves to receive federal benefits under Chapter 33

Placing a moratorium on new appraisal rules HR 3044- A bill to impose an 18-month moratorium on the Home Valuation Code of Conduct Financial Regulatory Reform and clarification of individuals/entities classified as financial institutions HR 3126- Consumer Financial Protection Agency Act of 2009 HR 3310- Consumer Protection and Regulatory Enhancement Act HR 3996- A bill to improve financial stability, and for other purposes HR 4173 - Dodd-Frank Wall Street Reform and Consumer Protection Act S 3217- Restoring American Financial Stability Act of 2010 Red Flag Guideline Exclusions for Certain Businesses HR 3763- A bill amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses Small Business Lending HR 3380- Promoting Lending to America's Small Businesses Act of 2009 S 2919- Small Business Lending Enhancement Act of 2009 HR 5297- Small Business Lending Fund Act of 2010 HR 5302- State Small Business Credit Initiative Act of 2010 HR 5412- Small Business Asset Investment and Modernization (AIM) Act of 2010 S 2780- Small Business Intermediary Lending Pilot Program Act of 2009 HR 3854 - Small Business Financing and Investment Act of 2009 Clarification of Federal Regulation on Annuity Contracts and Insurance Policies S 1389 - Fixed Indexed Annuities and Insurance Products Classification Act of 2009 GSE Modification HR 5539 - Fannie Mae and Freddie Mac Transparency Act of 2010 Homeowner Relief Efforts HR 3066 - Temporary Mortgage Assistance Loan Act of 2009 HR 3068 - TARP for Main Street Act of 2009 S 2969 - Homeowners' Relief and Neighborhood Stabilization Act of 2010 Modification of Loans for Troubled Borrowers HR 788 - A bill to provide a safe harbor for mortgage servicers who engage in specified mortgage loan modifications, and for other purposes Reverse Mortgages HR 4419 - Reverse Mortgage Elder Protection Act Foreclosure Mitigation & Relief Efforts; Safe Harbor Provisions for Mortgage Servicers; Homeowner Relief Efforts HR 384 - TARP Reform and Accountability Act of 2009 Mortgage Modifications for Troubled Homeowners S 1731 - Preserving Homes and Communities Act of 2009 FHA Loan Limit Increase; Increasing GSE Loan Limits HR 2483 - Increasing Homeownership Opportunities Act Use of TARP Funds for Homeowner Relief and Affordable Rental Housing; Homeowner Relief Efforts HR 3766 - Main Street TARP Act of 2009 Commercial Real Property Debt HR 5943 - Community Recovery and Enhancement (CRE) Act of 2010 Commercial Real Estate Investment HR 6317 - Investment in Commercial Real Estate Act of 2010 Improving Short Sale Processes HR 6133 - Prompt Decision for Qualification of Short Sale Act of 2010 Preventing Foreclosures and Allowing Refinancing of GSE Mortgages HR 6218 - Housing Opportunity and Mortgage Equity Act of 2010 Meetings with FHFA on Appraisal Issues Meetings with Treasury on GSE Reform, "Making Home Affordable," and combination of RESPA and TILA forms.

HR 275/S 292, a bill to repeal the imposition of three percent withholding on certain government contracts; Highway Trust Fund Solvency; Surface Transportation Authorization Act, provisions relating to continuation of and to increase the rate of Highway Trust Fund revenues; Tax provisions relating to retrofit of diesel-powered construction equipment; S 1637 and HR 4226, a bill to increase the amount of the tax deduction for energy efficient commercial building; Estate tax permanency; Continuation of expiring 2001 and 2003 tax rates; Extension of 15-year depreciation of leasehold, retail, and restaurant improvements; Extension of Depreciation Bonus and Section 179 expensing; Construction Contract Accounting; Build America Bonds HR 537/S 3262; Exempt construction from Private Activity Bond cap; HR 4213, Tax Extenders Act; HR 4068/S 2771, a bill to limit the penalty for failure to disclose reportable transactions based on resulting tax benefits; S 2882, Taxpayer Responsibility, Accountability, and Consistency Act; HR 4849, Small Business and Infrastructure Jobs Tax Act; HR 4849 Small Business & Infrastructure Jobs Act of 2010 - Sec 202 removing cap on private activity bonds for water & sewage facilities; Extension of 5-year carryback of net operating losses; HR 5486, the Small Business Jobs Tax Relief Act; Payroll taxes paid by S corporations; Carried interest; HR 514/S 3578, the Small Business Paperwork Mandate Elimination Act; H R 5297, Small Business Jobs and Credit Act; H R 6097, American Job Builders Tax Reform Act; S 3716, Mechanical Insulation Installation Incentive Act; HR 5901, Real Estate Jobs and Investment Act HR 6317, a Bill to reform and encourage involvement in commercial real estate; HR 5943, Community Recovery and Enhancement Act

Client expense: $230,000 · Firm income: Not reported

H.R. 4154, FY10 Budget Resolution S. Con. Res. 13, An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through 2014. S.A. 873, To create a deficit-neutral reserve fund for estate tax relief. S. 1637, House Energy Bill H.R. 1935, To amend the Internal Revenue Code of 1986 to provide for the treatment of partnership interests held by partners providing services. H.R. 4213, Tax Extenders Act of 2009 H.R.3440, To amend the Internal Revenue Code of 1986 to allow dealers in real estate to use the installment sales method. H.R.4109, To amend the Internal Revenue Code of 1986 to allow the low income housing credit to be carried back 5 years, and for other purposes. S. 3578 / H.R. 5982 H.R.3590, To amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes. H.R.3640, To amend the Internal Revenue Code of 1986 to extend and expand the first-time homebuyers credit and to provide a loss deduction on the sale of a principal residence. H.R.3659, Amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts paid for energy efficient property placed in service in commercial buildings pursuant to an approved energy efficiency plan. H.R.3660 , To amend the Internal Revenue Code of 1986 to promote tax parity between the residential and business fuel cell tax credits. H.R.3670, To amend the Internal Revenue Code of 1986 to expand the incentives for the rehabilitation of older buildings, including owner-occupied residences. H.R.3761, To amend the Internal Revenue Code of 1986 to extend the first-time homebuyer tax credit, and for other purposes. H.R.3773, To amend the Internal Revenue Code of 1986 to extend the first-time homebuyer tax credit, and for other purposes. H.R.3812, To amend the Internal Revenue Code of 1986 to encourage businesses to purchase commercial and residential property in distressed communities by providing an exclusion from tax on certain gains. H.R.3901, To amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes. H.R.3919, To amend the Internal Revenue Code of 1986 to provide for the designation of Clean Energy Business Zones and for tax incentives for the construction of, and employment at, energy-efficient buildings and clean energy facilities, and for other purposes. H.R.3921, To amend the Internal Revenue Code of 1986 to extend for 90 days the first-time homebuyer credit for taxpayers who have entered into a binding contract before the termination of such credit. H.R.3929, To provide an extension of the low-income housing credit placed-in-service date requirement for certain disaster areas. H.R. 4213 -- Low-Income Housing Tax Credit Exchange and Sections 412 and 413, and S. 3793 H.R. 4256, Sustainable Property Grants Act of 2009 H.R. 4226, Expanding Building Efficiency Incentives Act of 2009 S. 2899, Renewable Energy Incentive Act S. 1637, Expanding Building Efficiency Incentives Act of 2009 H.R. 4256, Sustainable Property Grants Act of 2009 H.R. 4213, American Jobs and Closing Tax Loopholes Act of 2010 -- Sections 412 and 413 H.R. 5297, Small Business Lending Fund Act of 2010 -- IRC 469(i) and S. Amdt. 4411 (LIHTC carryback) to small business bill; S. Amdts. 4595 and 4596 H.R. 5901, Real Estate Jobs and Investment Act of 2010, all provisions H.R. 5943, Community Recovery and Enhancement Act of 2010, all provisions H.R. 5982, Small Business Tax Relief Act of 2010 H.R. 5872, General and Special Risk Insurance Funds Availability Act of 2010, Section 101 2001/2003 Tax Cuts

H.R.5660, "The Mainstreet Fairness Act," to promote simplification and fairness in the administration and collection of sales and use taxes. All provisions. H.R.1935, amends the Internal Revenue Code of 1986 provides for the treatment of partnership interests held by partners providing services. H.R.3525, to amend Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy and efficiency. H.R.4839, amends Section 118 of the Internal Revenue Code regarding capital contributions by a non-shareholder to include partnerships. H.R.4306, amend IRC of 1986 to permanently extend 15 year recovery period for qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property. H.R.4213, "Tax Extenders Act of 2009," to extend certain expiring tax provisions, Title VI, Subtitle A, partnership interests held by partners providing services, became "American Jobs & Closing Tax Loopholes Act of 2010", Title IV, Revenue Offsets, Subtitle B412, same issue. H.R.5943, "The Community Recovery and Enhancement Act," amends the IRC to allow a new tax deduction for 50% of equity investment in commercial real property made to reduce the amount of indebtness secured by commercial real property. H.R.5901, "Real Estate Jobs and Investment Act of 2010," amends the IRC to increase allowable ownership in a REIT stock allowed by the Foreign Investment in Real Property Tax Act. Sec.1402 of Public Law 111-152 (Patient Protection and Affordable Care Act) imposes a 3.8% tax on net investment income beginning in 2013.

Client expense: $225,437 · Firm income: Not reported