Pierce Atwood has handled thousands of matters in its 130-year history. If you know what you’re looking for, feel free to use the search field above. If you know the attorney or area of expertise most relevant to your needs, use the drop down menus. Or, if your search is not that specific at this point, select a practice area that is most relevant to your interests.
In a property tax refund case filed on behalf of the largest hotel in Rhode Island, we obtained a judgment for $2.44 million, plus interest, in December 2017 following a trial. The judgment represented the amount of excess property taxes paid by the hotel during 2013-2015 as a result of an inflated assessment of the hotel’s value.
We secured a favorable resolution for technology corporation in a tax dispute with the Massachusetts Department of Revenue. The appeal was settled two weeks before trial, saving the client in excess of $30 million of assessed sales and use tax, interest, and penalties. The Department of Revenue’s assessment was a result of our client’s failure to document or demonstrate, during a multi-year audit, that tax had been paid or that the transactions at issue were tax exempt. Working with the client, we retrieved archived documentation, located in-house and third party witnesses, and leveraged strong relationships with department attorneys to achieve a successful outcome.
Obtained full abatement at the administrative appeal level in Maine for telecommunications services provider of income tax assessment resulting from inclusion in tax base of dividends from a non-unitary partnership.
Our SALT team obtained an advisory ruling from Maine Revenue Services for an information services company that further clarified when subscriptions for services that include digitally transmitted publications will be subject to Maine sales or use tax.
Representation of Athens Energy and its sister company, Maine Woods Pellet Company, in connection with all aspects of the financing of a $38 million biomass electricity generation facility, including $31 million of new markets tax credit financing ($31 million of State of Maine allocation and $7.5 million of federal allocation) and the syndication of renewable energy investment tax credits (ITC).
Pierce Atwood advised BTU International, a publicly traded global supplier of thermal processing equipment, in a stock for stock, tax-free merger with Amtech (NASDAQ: ASYS), a global supplier of production and automation systems.
We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.
Designed, drafted and lobbied on behalf of manufacturers and other industrial clients a business property tax reimbursement program providing full reimbursement for most business equipment ("BETR"), and subsequently a property tax exemption for business equipment ("BETE"). Worked to achieve annual funding of these programs.
Represented Fox Islands Wind, LLC in the development of an innovative initiative supported by the island's consumer-owned electric cooperative, nonprofit institutions, and private investors, which included the receipt of federal production tax credits.