Andrew Botts advised a $40 million 50/50 joint venture for a major mixed-use development in Dallas, Texas

Andrew Botts counseled a business group on their $40 million 50/50 joint venture for a major mixed-use real estate development with an estimated economic impact of $1 billion. The complex joint venture involved seven entities, forming a private equity fund-of-one for investment, a sale and financing, multiple tiered partnerships, and an asset double drop-down. Andrew Botts advised on, among other matters, the optimal tax and legal structure for the asset drop-downs, the ideal capital structure, balance sheet, and tax allocations and the distribution waterfall for the joint venture entity, and Internal Revenue Code § 754 elections for adjusting the basis of partnership property, S-corporations, net operating losses, minimization of phantom income, and other complex tax matters.

The Higier Allen & Lautin team was led by real estate shareholder Stuart Lautin and tax associate Andrew Botts.

Andrew Botts represents a Texas-based private equity fund sponsor on its $25 million qualified Opportunity Zone fund

Andrew Botts advised a private equity fund sponsor on its $25 million Opportunity Zone (OZ) fund. The OZ fund included matters involving convertible debt, Internal Revenue Code § 1231 capital gains, multiple classes of equity, preferred returns, and a complex distribution waterfall. Andrew Botts counseled on, among other matters, complex partnership tax allocations, tax obligations for Qualified Opportunity Fund investments, capital gain tax deferral, and tax eligibility requirements for OZ fund properties and businesses.

The Higier Allen & Lautin team was led by corporate and securities shareholder Alexander Szeto and tax associate Andrew Botts.

Stuart Lautin closes sale of 300-unit multi-family property in Houston, Texas, and Defeasance of Acquisition Loan

Stuart Lautin represented a New York based real estate group in connection with the sale of Cashel Springs Apartments, a 300-unit multi-family property located in Houston, Texas. Mr. Lautin assisted in the negotiation and preparation of the contract, negotiation of the conveyance documents, and the coordination of the REMIC CMBS defeasance of the existing acquisition loan.

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Stuart Lautin closes acquisition of 328-unit multi-family property in Indianapolis, Indiana

Stuart Lautin represented a real estate investment group based in New York City in connection with the acquisition of Southport Crossing Apartments, a 328-unit multi-family property located in Indianapolis, Indiana. Mr. Lautin assisted in the negotiation and preparation of the contract, review of the survey and title documents, negotiation of the conveyance documents, as well as negotiation of the securitized finance documents.

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Stuart Lautin closes acquisition of 371-unit multi-family property in Fort Wayne, Indiana

Stuart Lautin represented a real estate investment group based in New York City in connection with the acquisition of Three Rivers Apartments, a 371-unit multi-family property located in Fort Wayne, Indiana. Mr. Lautin assisted in the negotiation and preparation of the contract, review of the survey and title documents, negotiation of the conveyance documents, as well as negotiation of the securitized finance documents.

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Andrew Botts represents a Texas-based private equity fund in $7 million sale of real property and complicated 1031 like-kind exchange

Andrew Botts advised a Texas-based real estate private equity fund on its simultaneous $7 million sale of multiple properties and complicated Internal Revenue Code Section 1031 like-kind exchange. Several of the fund’s partners wanted to cash out, while the remaining partners desired to pursue a 1031 like-kind exchange. Andrew Botts counseled on this complex tax restructuring that included, among other matters, partnership redemptions, allocations of taxable income, and Partnership Installment Notes (PIN).

The Higier Allen & Lautin team was led by real estate shareholder Stuart Lautin and tax associate Andrew Botts.

Stuart Lautin closes acquisition of multi-family property in Virginia Beach, Virginia

Stuart Lautin represented an investment group based in New York City in connection with the acquisition of Brookfield Apartment Homes, a 352-unit apartment community located in Virginia Beach, Virginia. Mr. Lautin assisted in the negotiation and preparation of the contract, review of the survey and title documents, negotiation of the conveyance documents, as well as negotiation of the securitized finance documents.

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