JAMES SHORTER

Counsel 

GRAY TOLUB LLP
Financial District
11 Broadway, Suite 615
New York, NY 10004

Tel. +1 646 455 1055
Fax. +1 646 213 3113
E. jshorter@graytolub.com

Education 

LLM (Taxation, 1979), New York University School of Law
JD (1975), Harvard Law School
BA (1968), Columbia University, cum laude, Phi Beta Kappa 

Biography

For more than 30 years James R. Shorter, Jr. has concentrated his legal practice on a broad range of international and domestic tax matters, cross-border and domestic facility and equipment leasing/financing transactions, joint ventures, and the legal and tax issues facing U.S. business entities investing abroad and foreign business entities engaging in commercial transactions and investing in the United States.

Prior to joining our firm, James began his legal career in 1975 at the New York office of the law firm of Thacher Proffitt & Wood, LLP and in 1984 became a partner in the Tax Practice Group. He left in 2008. 

James also served as a Supply Corps officer in the U.S. Navy, retiring as a Captain. During his 30 years of naval service (active duty and reserve) his duties involved logistics, contract administration and retailing, and as Commanding Officer of three Naval Reserve Units. 

Admissions

New York 1976
United States Tax Court 1987 

Publications / Articles

  • "Federal Income Taxation of Equipment Leasing," Chapter 35, in Equipment Leasing, published by LexisNexis (formerly, by Matthew Bender) (20th annual revision - April 2014; original publication date - Spring 1994).
  • "The Impact of EU Law on Cross Border Taxation -- Issues Relating to Limitation on Benefits Provisions in Income Tax Treaties Between EC Member Countries and the United States, “International Law Practicum, New York State Bar Association International Section (Spring 2004).
  • "Revenue Ruling 2002-69 Concludes that LILOs Confer a Future Interest in Property, Not a Current Leasehold Interest," 20 Journal of Taxation of Investments 327 (Summer 2003).
  • "At Long Last the Final Section 467 Regulations," 53 The Tax Lawyer 383 (Winter 2000). Events / Speeches
  • Co-Chair/Speaker for panel, "Canada-U.S. Tax Treaty Issues," New York State Bar and Ontario Bar Associations, Ontario – New York Legal Summit, Toronto (March 28, 2014)
  • Co-Chair/Speaker for panel, “International Tax Planning for Business Investments in Vietnam and the New Asia," New York State Bar Association, International Section, Fall Meeting, Hanoi (October 25, 2013)
  • Speaker for panel, “Attorney Client Privilege in Tax Practice,” at conference, “Creating a Global Law Department: China and U.S. Perspectives,” held by the NYSBA, International Section and Peking University School of Transnational Law, Shenzhen, China (January 10, 2013)
  • Co-Chair/Speaker for panel, "International Tax Planning for Investment in the European Union," and Speaker on Panel regarding “Research and Development Incentives,” New York State Bar Association, International Section, Fall Meeting, Lisbon (October 11, 2012)
  • Co-Chair of panel, "Utilizing Tax Incentives for Infrastructure Ventures in Latin America," New York State Bar Association, International Section, Fall Meeting, Panama (September 23, 2011)
  • Co-Author of paper, "International Tax Planning for Investment and Trading of Natural Resources," prepared for the New York State Bar Association, International Section, Fall Meeting, Sydney (October 28, 2010)
  • Co-Chair/Speaker for panel, "Tax Strategies for Businesses Investing in Asia," New York State Bar Association, International Section, Fall Meeting, Singapore (October 28, 2009)
  • Co-Chair of panel, "Harmonization of EU Tax Laws - Effect on Multinational Businesses," and Speaker on "U.S. Perspective and Consolidation Experience," New York State Bar Association, International Section, Fall Meeting, Stockholm, Sweden (September 19, 2008)
  • Speaker on panel, "International Fiscal/Tax Planning for Investment in the Mining Industry in Peru," New York State Bar Association International Section Fall Meeting, Lima, Peru (September 2007)
  • Speaker on panel, "Update and Issues in the Leasing Area," Capital Recovery and Leasing Committee, ABA Tax Section Meeting, Washington, DC (May 12, 2007)
  • Co-Chair/Speaker for panel, "Strategies for Establishing a Business in China," New York State Bar Association, International Section, Fall Meeting, Shanghai, China (October 19, 2006)
  • Speaker on panel, "Navigating US-UK Tax Issues under the New US-UK Income Tax Treaty." Topic: "Dividend Withholding Issues, Including Limitations on Benefits," New York State Bar Association, International Section, Fall Meeting, London, England (October 20, 2005)
  • Speaker on panel, "SILOs: Notice 2005-13 and Issues Presented by Section 470," Capital Recovery and Leasing Committee at ABA Tax Section Spring Meeting, Washington DC (May 20, 2005)
  • Speaker at a conference with the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China on basic legal framework of US corporate and securities laws and legislation regarding corporate governance and practices (November 22, 2004)
  • Speaker on panel, "The Impact of Latin American Bilateral and Multilateral Tax Treaties on Capital Inflows and Trade." Topic: "Select Tax Issues Regarding United States Outbound Investment," New York State Bar Association, International Section, Fall Meeting, Santiago Chile (November 11, 2004)
  • Speaker at a conference regarding "Doing Business and Raising Capital in the U .S. and Promoting U.S. Investment" at the Tianjin Investment Promotion Center (September 6, 2004) and at the Jinan High-Tech Development Zone (September 8, 2004)
  • Speaker on panel, "LILO Update," ABA Tax Section, Capital Recovery and Leasing Committee Meeting (January 30, 2004)
  • Speaker on "Key Issues in China for American Companies" at the "Go Global - 2003 China / U.S. Economic & Trade Conference" (November 18, 2003)
  • Co-Chair of panel, "The Impact of EU Law on Cross-Border Taxation," and Panelist, "Issues Relating to Limitation of Benefits Provisions in Income Tax Treaties between EC Member Countries and the U.S." at the New York State Bar Association, International Section, Fall Meeting, Amsterdam, (October 23, 2003)
  • Co-Chair and speaker on panel, "Rev. Rul. 2002-69 on LILOs - Back to the Future Interest," ABA Tax Section, Capital Recovery and Leasing Committee Meeting (January 24, 2003)
  • Co-Chair/Speaker for panel, "Taxation of Cross Border Investments," at the New York State Bar Association, International Section, Fall Meeting, Rome. (October 19, 2002)
  • Co-Chair/Speaker for panel, "Recent Developments Regarding Leasing Transactions," ABA Tax Section, Capital Recovery and Leasing Committee Meeting (May 10, 2002)
  • Speaker on panel, "Leasing Update: Recent Developments, Particularly FSAs, Relating to Leasing Transactions," ABA Tax Section, Capital Recovery and Leasing Committee Meeting (January 18, 2002)
  • Co-Chair of panel, "Latin Leasing," at the New York State Bar Association, International Section, Fall Meeting, , and spoke regarding "U.S. Extraterritorial Income ("ETI") Exclusion for Cross- Border Leasing Transactions" (October 18, 2001)
  • Co-Chair and speaker on panel, "Recent Field Service Advices Issued with Respect to Leasing Transactions," ABA Tax Section, Capital Recovery and Leasing Committee Meeting (May 11, 2001)

Professional / Civic Affiliations

  • American Bar Association
    • Tax and International Sections
    • Tax Section: Capital Recovery and Leasing Committee (Past Chair); Foreign Activities of U.S. Taxpayers (FAUST) Committee
  • International Fiscal Association
  • Inter-Pacific Bar Association
  • New York State Bar Association
    • International Section, Committee on International Tax (Co-Chair)
    • Tax Section
  • New York City Bar Association
  • Maritime Law Association