Robert S. Schwartz

Shareholder

(908) 647-1022

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 commentary on recent federal case law developments noteworthy for tax counsel, “Federal Tax Court Jurisdiction and Substantive Tax Law:  The Lessons of Laurence Gluck and Sandra Prusock v. Commissioner,” published by The Practical Tax Lawyer (November 2020); an examination of recent Fourteenth Amendment due process cases as applied to multi-state taxation, “Pushing the Fourteenth Amendment Limits on State Taxation of Multi-State Contacts,” published by the Journal of State Taxation (Winter 2019); a discussion of discriminatory state taxation, the internal consistency test, and related matters, “Discriminatory Taxation and Internal Consistency after Comptroller of the Treasury of Maryland v. Brian Wynne et ux.,” published by The Practical Tax Lawyer (Fall 2015).  

Bob has served as the Chair of the New Jersey State 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 & 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.  Bob has been Peer Review Rated AV by Martindale-Hubbell since 2009.

Classes & Seminars
  • Critical Legal Aspects of Buying and Selling Businesses, presented for Somerset County Business Partnership, February 27, 2020, Bridgewater, New Jersey.
  • ABA Business Law Section, 2018 Spring Meeting Taxation Program, April 13, 2018, Orlando, Florida, Panelist.
  • Businesses and the 2017 Tax Cuts & Jobs Act, presented for New Jersey Business & Industry Association members, March 28, 2018, Webcast from Trenton, New Jersey.
  • Federal and New Jersey Taxation and Business Entity Law Aspects of Buying and Selling a Business, presented for the New Jersey Society of Enrolled Agents, September 13, 2017, Jamesburg, New Jersey.
  • Partnerships, LLCs, and LLPs: Organization and Operation in New Jersey, Business Owners, Fairfield, New Jersey, July 19, 2007.
  • Practitioner Institute; Queensborough Community College, Bayside, New York, October 27, 2006.
  • Family Limited Partnerships, New Brunswick, New Jersey, July 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, New Jersey, February 24, 2006.
  • Practitioner Institute; Queensborough Community College, Bayside, New York, November 4, 2005.
  • The Fundamentals of Like Kind Exchanges of Real Property, Appraisal Institute; Iselin, New Jersey, September 15, 2005.
  • A Comparative Analysis of Taxation of Partners and Partnerships in New Jersey, Pennsylvania and New York, America State Tax Committee; New Brunswick, New Jersey, April 25, 2005.
  • Tax Aspects of Lawsuits and Settlements, N.J.S.B.A., New Jersey, May 15, 2003.
  • Electronic Commerce: International and Domestic Aspects, Tax Executives Institute, Inc., New Jersey, May 17, 2002.
  • Taxation of the Internet: The Future Is Now, N.J.I.C.L.E., New Jersey, November 20, 2001.
  • Planning and Structuring & Tax-Free Reorganizations, N.J.I.C.L.E., East Brunswick, New Jersey, October 13, 2000.
  • Drafting Partnership and Operating Agreements, Business Law Section of N.J.S.B.A.’s Annual Meeting, May 12, 2000.
  • How the IRS Restructuring Will Change (If at All) IRS Interactions with N.J., New Brunswick, New Jersey, October 28, 1999.
  • IRC Section 704(c) in the Second Ordinary Income vs. Capital Gains Era, N.J.S.B.A. Tax Section, September 15, 1998.
  • Pass-Through Entity Operational Tax Issues, N.J.S.B.A. Tax Section, Tax Day in N.J., May 5, 1998.
  • Federal Tax Law Amendments, Presentation to Exxon Annuitants’ Financial Club, Chatham, New Jersey, December 18, 1997.
  • Income Tax Outlook, Presentation to Exxon Annuitants’ Financial Club, Chatham, New Jersey, November 16, 1995.
  • Hot Tips on Taxation IV, N.J.S.B.A. Taxation Section, I.C.L.E. Seminar, Woodbridge, New Jersey, October 19, 1995.
  • Estate and Income Tax Planning for IRA and Qualified Plan Accounts, Presentation to Wealth Builders Equity Corporation, Annual Compliance Meeting, Red Bank, New Jersey, October 25, 1994.
  • The Final ‘Bump-and-Strip’ Regulations, Section of Taxation, New York, New York, August 6, 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, New Jersey, June 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, New Jersey, February 15, 1990.
  • Revenue Reconciliation Act, N.J.S.B.A., December 6, 1989.
  • The Private Letter Ruling Process, Panelist at Fairleigh Dickinson University’s Tax Institution, January 7, 1987.
  • Private Letter Rulings or How to Be Sure You’re Right, Sixteenth Semi-Annual Tax & Estate Planning Forum, December 2, 1986.
  • Corporate Reorganizations Under I.R.C. 368, Essex County Bar Association, December 5, 1985.
Published Works
  • Federal Tax Court Jurisdiction and Substantive Tax Law: The Lessons of Laurence Gluck and Sandra Prusock v. Commissioner, THE PRACTICAL TAX LAWYER, November 2020.
  • Pushing the Fourteenth Amendment Limits on State Taxation of Multi-State Contacts, JOURNAL OF STATE TAXATION, Vol. 38, No. 1, Winter 2019 (Wolters Kluwer).
  • Centralized Partnership Audit Procedures, THE PRACTICAL TAX LAWYER, September 2019.
  • Karl F. and Cristina M. Simonsen v. Commissioner—So Many Lessons, THE PRACTICAL TAX LAWYER, Summer 2018.
  • TCJA Provisions Impacting “Pass Through” Trades and Businesses (With Illustrative Examples), THE PRACTICAL TAX LAWYER, Winter 2018.
  • An Overview of Planned Giving, TAXATION OF EXEMPTS, January/February 2018, Volume 29, Number 4 (Thomson Reuters).
  • Statute of Limitations: IRS Examination Goes Too Far in Extending Statute of Limitations for Unreported Foreign Source Income, JOURNAL OF TAX PRACTICE & PROCEDURE, February-March 2013.
  • House Rule 3590 – “Patient Protection and Affordable Care Act,” as amended House Rule 4872 -“Health Care and Education Reconciliation Act of 2010,” Alert to Clients, May 2010.
  • New Section 409A Creates New Rules Governing Nonqualified Deferred Compensation, The Practical Tax Lawyer, Summer, 2005
  • 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
  • Home In on Mega-Tax Savings, 27 PERSONAL FINANCE 6, April 12, 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

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

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
  • Editorial Board of The Practical Tax Lawyer, 2018

Pro-Bono Activities

  • New Jersey Chamber of Commerce, Tax Committee, Member

Past Positions

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

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Herold Law, P.A., provides a full range of legal services for businesses in New Jersey, New York, and Florida. To speak with a legal professional experienced in your area of need, call 908-647-1022 or complete our simple intake form to schedule a consultation. While located in Warren, New Jersey for the convenience of our New Jersey clients, we also serve clients in New York and Florida.