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Robert S. Schwartz

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Practice Areas:

  • Taxation
  • Trusts and Estates
  • Corporate Law
  • Commercial Transactions
  • Finance

Biography

Born in Hazleton, Pennsylvania, Bob Schwartz's practice is concentrated on corporate transactions and all aspects of federal and state taxation, including trusts and estates.

Bob has spoken professionally on many occasions and has regularly contributed articles to professional publications, including a review of Section 355 "spin-off" regulations, "The New Section 355 Regulations for Corporate Distributions" published by The Practical Tax Lawyer; a review of an important low-income housing financial tool, "Give the Section 42 Housing Credit the Credit It's Due" published in the New Jersey Law Journal; and in the estate planning area, "Estate and Income Tax Planning for IRA and Qualified Plan Accounts" published by The Practical Tax Lawyer; and "IRS Approves Split-Interest Qualified Personal Residence Trust" published in Probate & Property.

Bob has served as the Chair of the New Jersey Bar Association Section on Taxation Law and as Chair of the Partnership Taxation Committee. He served on the New Jersey State Bar Association'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. Prior to entering private law practice, Bob served nearly five years in the Corporate Reorganization Branch of the Internal Revenue Service, Office of Chief Counsel, in Washington, D.C.

Education

  • Temple University James E. Beasley School of Law, Philadelphia, Pennsylvania
    • LL.M. - 1980
    • Major: Taxation
  • Duquesne University School of Law, Pittsburgh, Pennsylvania
    • J.D. - 1979
  • University of Dayton
    • B.A. - 1976

Bar Admissions

  • New Jersey, 1986
  • Pennsylvania, 1979
  • New York, 1986
  • Florida, 1989
  • U.S. Tax Court, 1993

Classes & Seminars

  • Partnerships, LLCs, and LLPs: Organization and Operation in New Jersey, Business Owners, Fairfield, NJ, 07/19/2007
  • Practitioner Institute; Queensborough Community College, Bayside, N.Y, 10/27/2006
  • Family Limited Partnerships, New Brunswick, NJ, 07/20/2006
  • Funding/Financial Incentives to Redevelopment and Other Affordable Housing: Low Income Tax Credits, N.J.I.C.L.E, 2006
  • Funding/Financial Incentives to Redevelopment and Other Affordable Housing: Low Income Tax Credits, New Brunswick, N.J, 02/24/2006
  • Practitioner Institute; Queensborough Community College, Bayside, N.Y, 11/04/2005
  • The Fundamentals of Like Kind Exchanges of Real Property, Appraisal Institute; Iselin, N.J, 09/15/2005
  • A Comparative Analysis of Taxation of Partners and Partnerships in New Jersey, Pennsylvania and New York, America State Tax Committee; New Brunswick, N.J, 04/25/2005
  • Tax Aspects of Lawsuits and Settlements, N.J.S.B.A, N.J, 05/15/2003
  • Electronic Commerce: International and Domestic Aspects, Tax Executives Institute, Inc., N.J, 05/17/2002
  • Taxation of the Internet: The Future Is Now, N.J.I.C.L.E., N.J, 11/20/2001
  • Planning and Structuring & Tax-Free Reorganizations, N.J.I.C.L.E., East Brunswick, N.J, 10/13/2000
  • Drafting Partnership and Operating Agreements, Business Law Section of N.J.S.B.A.’s Annual Meeting, 05/12/2000
  • How the IRS Restructuring Will Change (If at All) IRS Interactions with N.J, New Brunswick, N.J, 10/28/1999
  • IRC Section 704(c) in the Second Ordinary Income vs. Capital Gains Era, N.J.S.B.A. TAX SECTION, 09/15/1998
  • Pass-Through Entity Operational Tax Issues, N.J.S.B.A. Tax Section, Tax Day in N.J, 05/05/1998
  • Federal Tax Law Amendments, Presentation to Exxon Annuitants’ Financial Club, Chatham, N.J, 12/18/1997
  • Income Tax Outlook, Presentation to Exxon Annuitants’ Financial Club, Chatham, N.J, 11/16/1995
  • Hot Tips on Taxation IV, N.J.S.B.A Taxation Section, I.C.L.E. Seminar, Woodbridge, N.J, 10/19/1995
  • Estate and Income Tax Planning for IRA and Qualified Plan Accounts, Presentation to Wealth Builders Equity Corporation, Annual Compliance Meeting, Red Bank, N.J, 10/25/1994
  • The Final ‘Bump-and-Strip’ Regulations, Section of Taxation, New York, N.Y, 08/06/1993
  • Tax Advantage of Partnership and Joint Ventures, N.J.I.C.L.E, 1992
  • The Proposal to Enable New Jersey State and Federally Chartered Savings and Loans to Adopt a New Jersey Savings Bank Charter: Status, Advantages, Disadvantages and Related Issues, McCarter & English, New Brunswick, N.J, 06/27/1990
  • Federal Estate & Gift Taxes and New Jersey Inheritance & Estate Taxes: Just the Facts, State and Federal Income Tax Seminar, N.J.S.B.F, New Brunswick, N.J, 02/15/1990
  • Revenue Reconciliation Act, N.J.S.B.A, 12/06/1989
  • The Private Letter Ruling Process, Panelist at Fairleigh Dickinson University’s Tax Institution, 01/07/1987
  • Private Letter Rulings or How to Be Sure You're Right, Sixteenth Semi-Annual Tax & Estate Planning Forum, 12/02/1986
  • Corporate Reorganizations Under I.R.C. 368, Essex County Bar Association, 12/05/1985

Pro-Bono Activities

  • New Jersey Chamber of Commerce, Tax Committee, Member

Published Works

  • New Section 409A Creates New Rules Governing Nonqualified Deferred Compensation, The Practical Tax Lawyer, Summer, 2005
  • Home In on Mega-Tax Savings, 27 PERSONAL FINANCE 6, April 12, 2000
  • Business Taxes and Budget Keep Growing in New Jersey, 9 BUSINESS ADVOCATE 4, April, 2004
  • Anthony Birritteri, Navigating International Law, Complicated World After All, 49 N.J. BUSINESS 36, October, 2003
  • Are Attorney Contingency Fees Included in a Client’s Gross Taxable Income, 18 PRACTICAL TAX LAWYER 7, Fall, 2003
  • Are Attorney Contingency Fees Included in a Client’s Gross Taxable Income, 15 PRACTICAL LITIGATOR 17, January, 2004
  • 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, Fall, 2002
  • Repeal of Installment Sale Tax Reporting, 5 BUSINESS ADVOCATE 4, October, 2000
  • Trust Provides More Than Tax Savings, PHYSICIAN’S MONEY DIGEST 16, May 15, 2000
  • The Split-Interest Qualified Personal Residence Trust: A New Planning Possibility, ESTATE PLANNER’S ALERT 5, June, 1999
  • IRS Approves Split-Purchase: Qualified Personal Residence Trust, PROBATE & PROPERTY OF THE A.B.A. 55, March - April, 1999
  • Non-Elective Pass-Through Tax Classification, 26 TAXATION LAW SECTION NEWSLETTER 1, N.J.S.B.A, February, 1997
  • New Jersey and Electronic Tax Nexus, 1 N.J. TAX NOTEBOOK 3, August, 1996
  • The IRC Section 42 Tax Credit, 25 TAXATION LAW SECTION NEWSLETTER 2, N.J.S.B.A, April, 1996
  • Family Limited Partnerships after Announcement 95-8, N.J.S.B.A. NEWSLETTER, 1995
  • Taisei: U.S. Agent Did Not Create Permanent Establishment, 6 J. INT’L TAXATION 292, July, 1995
  • Estate and Income Tax Planning for IRA and Qualified Plan Accounts, 9 PRACTICAL TAX LAWYER 11, Summer, 1995
  • Hide the Still Abner-Rev’noors Are a Comin, ENTRÉE NEW JERSEY 45, October, 1994
  • Robert S. Schwartz & Joseph M. Lemond, Low-Income Housing Tax Credit Basics and Financing, 21 REAL ESTATE L.J. 336, Spring, 1993
  • Understanding the Proposed Partnership Disguised Sale Regulations, 6 PRACTICAL TAX LAWYER 53, Fall, 1991
  • Report on Notice 90-41 and Certain Other Issues Arising Under Section 514(c)(9) of the Internal Revenue Code Relating to Debt-Financed Real Estate Investments by Tax-Exempt Organizations, SPECIAL REPORT OF N.Y.S.B.A, May 27, 1991
  • Affiliated and Related Corporations, THE TAX LAWYER, COMMITTEE ON AFFILIATED AND RELATED CORPORATIONS, 1991
  • Give the Section 42 Housing Credit the Credit It’s Due, 124 N.J.L.J. 202, July 27, 1989
  • The New Section 355 Regulations for Corporate Distributions, 3 THE PRACTICAL TAX LAWYER 57, Spring, 1989
  • What Counsel Must Know About the New Tax Penalty and Compliance Provisions, 1 PRACTICAL TAX LAWYER 63, Summer, 1987
  • Editorial Board of The Practical Tax Lawyer, 2018

Professional Associations

  • American Bar Association
  • New Jersey State Bar Association, Taxation Law of Section, Past Chair
  • New York State Bar Association
  • United States Tax Court
  • The Florida Bar
  • Association for Corporate Growth, New Jersey
  • New Jersey Bar Association, Partnership Taxation Committee, Chair
  • New Jersey State Bar Association, Supreme Court Committee on the Tax Court, Member
  • New Jersey Business and Industry Association, Tax Committee, Member

Past Positions

  • Corporate Reorganization Branch of the Internal Revenue Service, Office of Chief Counsel, in Washington