Howard advises energy companies on a wide range of tax matters. This assistance includes controversy work against the Internal Revenue Service, providing tax-related planning advice to large corporate clients, and helping clients obtain the benefits of various tax incentives related to energy matters, including production tax credits, investment tax credits, Treasury grants in lieu of tax credits and accelerated depreciation. Howard is the editor of the Washington Developments Tax Service by which the firm advises companies from all segments of the electric utility industry on emerging legislative, administrative and judicial developments of particular relevance to electric companies.
Howard also advises the Edison Electric Institute and electric utilities on legislative and regulatory matters and has been very involved in advising the industry on issues relating to electric energy and tax legislation. In addition, Howard advises a number of electric companies with respect to the issuance of tax-exempt bonds.
Representative Experience
Advise electric utilities on bonus depreciation issues.
Advise electric utilities on tax issues relating to the development and acquisition of renewable facilities.
Advise companies on section 1603 grant issues.
Advise electric utilities on legislative proposals on energy tax issues.
Obtain normalization rulings from IRS.
Obtain rulings from the IRS on tax recovery of certain costs in developing nuclear power plants.
Draft amicus brief for EEI in Dominion Resources appeal on the associated property rule (Code section 263A).
Advise various developers in structuring power purchase agreements and leases with respect to solar electric generating facilities.
Advise an electric utility in attempting to obtain allocation from the Internal Revenue Service of clean coal credits.
Advise large electric utilities with respect to the issuance of tax-exempt bonds to finance solid waste disposal facilities at electric generation plants.
Advise the electric industry trade association on legislative proposals involving the tax credits for biomass and electric vehicles.
Recent Presentations and Speaking Engagements
October 2011 Meeting of the Energy Tax Council, Significant Cases and Rulings.
May 2011 Meeting of the Energy Tax Council, Bonus Depreciation Update.
October 2010 Meeting of the Energy Tax Council, two presentations: Common Tax Questions Associated with Renewable Energy Projects; Significant Cases and Rulings.
April 2010 Meeting of the Energy Tax Council, Significant Cases and Rulings/ 1603 Grant Q&A’s.
November 2009, Renewable Energy Finance Summit, panel on Status and Outlook for the Tax Grant Program, moderator on panel with Ellen Neubauer (Program Manager, Office of the Fiscal Assistant Secretary, US Department of the Treasury) and Charles Ramsey (Branch Chief, IRS Office of Chief Counsel).
October 2009 Meeting of the Energy Tax Council, two presentations: Renewables/Credits, Grants, and Depreciation; Legislative Proposals for Biomass Facilities and Electric Plug-in Vehicles.
April 2009 Meeting of the Energy Tax Council: Certain Renewable Energy Incentives.
March 2009, Troutman Sanders Seminar on Energy Support in the Stimulus Bill: Certain Renewable Energy Incentives for Business.
October 2008 Meeting of the Energy Tax Council: Recent Cases and Rulings.
April 2008 Meeting of the Energy Tax Council, two presentations: Bonus Depreciation II; Recent Cases and Rulings.
October 2007 Meeting of the Energy Tax Council, two presentations: Legislative Update; Smart Meters - Tax Legislation, What Would Qualify.
April 2007 Meeting of the Energy Tax Council, two presentations: New Developments and Current Issues Relating to Selected Tax Credits for Electricity Generation; Recent Cases and Rulings.
October 2006 Meeting of the Energy Tax Council, Proposed Regulations on Code Section 263(a) - Amounts Paid to Acquire, Produce, or Improve Tangible Property.
March 2006 Meeting of the Energy Tax Council, New Proposed Regulations on Normalization Issues.
November 2005 Meeting of the Edison Electric Institute Taxation Committee, Technical Description of Certain Energy Tax Provisions in the Energy Policy Act of 2005.
September 2005 Thelen seminar on the Energy Policy Act of 2005; drafted chapter in booklet on Certain Energy Tax Provisions and gave presentation on this chapter.
June 2005 Meeting of the Edison Electric Institute Taxation Committee, two presentations: The New Section 45 Credit - Tax Benefits for Electricity Produced from Renewable Resources; Substance Over Form - The Economic Substance Doctrine.
April 2005 Meeting of the Energy Tax Council, two presentations: Overview of Recent IRS and Case Developments; Code Section 45 Credits.
Recent Publications
October 2009 issue of Tax Analysts, Tax Credit for Electricity From Renewables — Updated.
Tax Analysts Special Supplement in Energy (November 27, 2006). Using Tax Incentives to Modernize the Nation's Electric System.
September 2005 issue of North American Wind Power, Clean Renewable Energy Bonds - Another Tax Incentive for Renewables in the Energy Policy Act of 2005.
July 18, 2005 issue of Tax Notes, The New and Improved Credit for Electricity Produced from Renewable Resources.