Admissions

  • Illinois
  • U.S. Tax Court
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

Education

University of Wisconsin-Madison (B.B.A., Accounting and Finance, 1980)

IIT Chicago-Kent College of Law (J.D., magna cum laude, 1983)

New York University School of Law (LL.M., International Legal Studies, 1984)

DePaul University College of Law (LL.M., Taxation, 1990)

Profile

Richard Lieberman is the chair of Burke, Warren, MacKay & Serritella’s Tax Advisory Services Practice where he concentrates his more than thirty-year career on a broad range of federal and state tax matters, with emphasis on tax issues related to real estate, mergers, acquisitions, joint ventures, restructurings, partnerships, limited liability companies, and S corporations.  He also advises Burke, Warren’s clients on the tax aspects of executive compensation arrangements, including designing and advising on the implementation of executive, equity, and deferred compensation programs.  In addition, Mr. Lieberman has been actively involved in representing not-for-profit organizations in both obtaining and retaining exemption from federal, state, and local taxes; avoiding unrelated business income tax; and addressing private inurement and intermediate sanctions issues. Mr. Lieberman has long represented clients in connection with adjustments proposed by the Internal Revenue Service and a myriad of state Departments of Revenue.

Mr. Lieberman also advises businesses seeking to be certified as an Airport Concession Disadvantaged Business Enterprise (ACDBE).  In addition, he works closely with concession operators on their responses to Request For Proposals from local airport authorities, and structures joint venture agreements for concession operations that fully comply with the FAA’s Joint Venture Guidance.

Prior to joining Burke, Warren, MacKay & Serritella, Mr. Lieberman was a long-time Tax Principal with Deloitte Tax LLP and prior to that was an associate at Jenner & Block in its Chicago office.  While a Tax Principal at Deloitte, Mr. Lieberman was selected multiple times as a “Leading Individual” by the International Tax Review in its annual World Tax survey of leading, global tax practitioners.

Experience

  • Represented a municipal corporation in its $25 million affordable housing project using both federal low-income housing tax credits and Illinois affordable housing tax credits
  • Represented a not-for-profit corporation in connection with the successful refinancing of a $15 million qualified 501(c)(3) bond issue
  • Represented an airport concession operator in negotiating concession sublease agreements at airports located across the country, and successfully structured joint venture agreements between ACDBE and non-ACDBE joint venturers
  • Represented a leading beverage industry client in drafting a multimillion dollar Stock Appreciation Rights agreement for its chief executive officer
  • Represented a start-up technology client in its executive compensation matters and structured its equity incentive programs
  • Represented  Burke, Warren client by assisting in the organization of a new life sciences venture with United States, Ireland, and Bermuda operations and drafted numerous cross-border agreements including a Supply and Distribution Agreement, Intellectual Property License Agreement, Intellectual Property Development Agreement, Recharge Agreement, Restricted Stock Award Agreements (U.S.), and Repurchasable Shares Award Agreements (Ireland)—the client was soon after acquired in a 2014 cash-and-stock transaction valued at approximately $660 million
  • Worked with Burke, Warren's Automotive Franchise group in the multimillion-dollar acquisition of four automobile dealerships in Rochester, New York, which required implementation of a unique deal structure to avoid New York State sales tax on loaner and service vehicles
  • Represented Beatrice Cheese in a decision finding a Wisconsin taxing statute discriminated against interstate commerce by providing a direct commercial advantage to local businesses in violation of the Commerce Clause of the United States Constitution (1993 WL 57202 [Wis.Tax.App.Com.])
  • Represented Sara Lee Corporation in a decision finding that Texas services were not properly classified as taxable real property services (1995 WL 15337 [Tex.Cptr.Pub.Acct.]) and Standard Meat Company, then a unit of ConAgra Foods, in a decision that Texas services neither qualified as taxable maintenance of tangible personal property nor taxable real property services (1992 WL 308718 [Tex.Cptr.Pub.Acct.])
  • Represented a New Zealand-based entity and both organized and later restructured its U.S.-based technology start-up
  • Represented a national pension trust in negotiating the tax aspects of a joint venture development of a two-phase, multifamily real estate development in Minneapolis, Minnesota
  • Advised the Chicago Park District with respect to the Illinois Truth in Taxation Law, 35 ILCS 200/18-55 et seq., which provides procedures taxing districts must follow when adopting tax levies
  • Advised an investor group on the tax aspects related to transferring membership interests in multiple, student housing developments located across the country
  • Represented a national banking association in successfully petitioning the Illinois Tax Tribunal for the multimillion-dollar refund of income and replacement tax previously assessed against various trusts lacking sufficient minimum contacts with the state as required under the Due Process Clause of the Fourteenth Amendment and the Commerce Clause of the U.S. Constitution
  • Represented clients successfully applying for participation in the Internal Revenue Service’s Offshore Voluntary Disclosure Program
  • Represented clients in successfully negotiating favorable voluntary disclosure agreements
  • Worked with Burke, Warren’s Religious Organizations Practice drafting victim settlement agreements and other documents related to clerical sexual abuse matters

Honors & Awards

  • “Leading Individual”−International Tax Review, World Tax Edition (2001–05)

Professional/Community

American Bar Association, Section of Taxation, member

Adjunct Professor, IIT/Chicago-Kent College of Law (1993–1996)

Editorial Board of the Journal of Multistate Taxation (1991-1999)

Pressroom

Publications

330 North Wabash Avenue, Suite 2100
Chicago, Illinois 60611-3607
T: 312.840.7000
F: 312.840.7900