Philip Tingle
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Philip (Phil) Tingle represents energy companies such as utilities, independent power producers and financial institutions on a wide range of energy tax-related matters. He is the global head of the Firm's Energy Advisory Practice Group. Phil provides advice regarding all aspects of renewable-energy projects, including tax equity structures, refinancings, acquisitions and dispositions, restructurings and workouts. He has extensive experience with the production tax credit and with the application of renewable credits to new technologies. Moreover, he works with the investment tax credit for numerous kinds of solar projects. Read Philip Tingle's full bio.
Senate Passes Tax Extenders Deal That Includes Extension of Renewable Energy Incentives
By Heather Cooper and Philip Tingle on Dec 19, 2019
Posted In Uncategorized
The US Senate today passed a package of tax extenders as part of the year-end appropriations act that the US House of Representatives passed on December 17, 2019. President Trump is expected to sign the legislation before the end of the day tomorrow to avoid a government shutdown. The package includes a one-year extension of...
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Court Rules That Wind Farm Did Not Provide Proof of Development Fee to Receive 1603 Cash Grant
By Heather Cooper, Kevin Spencer and Philip Tingle on Jul 2, 2019
Posted In Court Procedure Matters, Tax Refunds, Trial Courts, Uncategorized
On June 20, 2019, the United States Court of Federal Claims published its long-awaited opinion in California Ridge Wind Energy, LLC v. United States, No. 14-250 C. The opinion addressed how taxpayers engaging in related party transactions may appropriately determine the cost basis with respect to a wind energy project under the Internal Revenue Code (IRC). Central...
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Alta Wind: Federal Circuit Reverses Trial Court and Kicks Case Back to Answer Primary Issue
By Kevin Spencer and Philip Tingle on Aug 6, 2018
Posted In Appellate Courts, Court Procedure Matters, Transfer Pricing Resource, Trial Courts, Uncategorized
On July 27, 2018, the US Court of Appeals for the Federal Circuit in Alta Wind v. United States, reversed and remanded what had been a resounding victory for renewable energy. The US Court of Federal Claims had ruled that the plaintiff was entitled to claim a Section 1603 cash grant on the total amount...
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SOL and the 1603 Cash Grant – File Now or Forever Hold Your Peace
By Kevin Spencer, Natalie Colvin and Philip Tingle on May 10, 2018
Posted In Appellate Courts, Court Procedure Matters, Tax Refunds, Uncategorized
Taxpayers are running out of time to file refund claims against the government. If the government reduced or denied your Section 1603 cash grant, you can file suit in the Court of Federal Claims against the government to reclaim your lost grant money. Don’t worry, you will not be alone. There are numerous taxpayers lining...
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Refined Coal Tax Credit Case Filed
By Kevin Spencer, Philip Tingle and Roger J. Jones on Oct 24, 2017
Posted In Court Procedure Matters, IRS Guidance, Trial Courts, Uncategorized
On September 14, 2017, Cross Refined Coal LLC (Partnership) (and USA Refined Coal LLC as the Tax Matters Partner) filed a Petition in the US Tax Court seeking a redetermination of partnership adjustments determined by the Internal Revenue Service (IRS). According to the Petition, during audit of the 2011 and 2012 tax years, the IRS...
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Analysis of Energy and Tax Proposals in the 2018 Budget Proposal
By Gale E. Chan, Heather Cooper and Philip Tingle on May 26, 2017
Posted In Tax Refunds, Uncategorized
President Trump released his budget proposal for the 2018 FY on May 23, 2017, expanding on the budget blueprint he released in March. The budget proposal and blueprint reiterate the President’s tax reform proposals to lower the business tax rate and to eliminate special interest tax breaks. They also provide for significant changes in energy...
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Investment Tax Credit Lessee Income Inclusion Guidance Issued
By Chelsea Hess, Gale E. Chan, Heather Cooper, Madeline Chiampou Tully and Philip Tingle on Jul 26, 2016
Posted In IRS Guidance, Uncategorized
New Internal Revenue Service temporary regulations provide guidance on the income inclusion rules that apply when a lessor elects to treat a lessee as having acquired investment credit property under Treas. Reg. § 1.48-4. As expected, the new temporary regulations also provide that a partner of a lessee partnership cannot increase its basis in its...
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IRS Revises Recent Begin Construction Guidance
By Gale E. Chan, Heather Cooper, Kevin Spencer, Madeline Chiampou Tully and Philip Tingle on May 20, 2016
Posted In IRS Guidance, Uncategorized
On May 18, 2016, the Internal Revenue Service (IRS) revised Notice 2016-31 (Notice), its recent guidance on meeting the beginning of construction requirements for wind and other qualified facilities (including biomass, geothermal, landfill gas, trash, hydropower, and marine and hydrokinetic facilities). For a discussion of the Notice, click here. The revisions clarify that the Continuity...
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IRS Issues Guidance on the Beginning of Construction Rules for Renewable Projects
By Philip Tingle, Gale E. Chan, Heather Cooper, Kevin Spencer and Madeline Chiampou Tully on May 11, 2016
Posted In IRS Guidance, Uncategorized
The Internal Revenue Service recently issued Notice 2016-31, which provides much-needed guidance for wind and other qualified facilities on meeting the beginning of construction requirements in light of the 2015 statutory extension and modification of the production tax credit and the investment tax credit. The Notice also revises and adds to the list of excusable...
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IRS Determines Refined Coal Transaction Doesn’t Have Economic Substance
By Kevin Spencer, Madeline Chiampou Tully and Philip Tingle on Mar 24, 2016
Posted In IRS Guidance, Uncategorized
On March 17, 2016, the Internal Revenue Service (IRS) issued a Field Attorney Advice Memorandum, 20161101F (Dec. 3, 2015) (the FAA). In the FAA, the IRS concluded that an investment in a partnership designed to deliver a tax credit allocation did not have a potential for profit or risk of loss, was not a meaningful...
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