Morris Manning & Martin, LLP

Timothy Pollock

Timothy S. Pollock

Partner
Phone: 404.504.7710
Fax: 404.365.9532
[email protected]
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Timothy S. Pollock is a senior partner with more than 35 years of experience in the Tax, Real Estate and Real Estate Capital Markets Practices. Before pursuing his legal education, Mr. Pollock practiced as a Certified Public Accountant with Arthur Young, which later merged with Ernst & Whinney to become the accounting firm of Ernst & Young.

Mr. Pollock practices primarily in the areas of real estate finance and taxation, general taxation, general business transactions and estate planning. A large portion of Mr. Pollock’s practice focuses on real estate ownership structures, tax issues associated with real estate transactions, including like-kind exchanges under Section 1031 of the Code, partnership agreements and operating agreements documenting equity investments in real estate, and private fund syndications raising capital for real estate investments. A niche area of his real estate equity related activities is structuring investments in qualified opportunity zones, affordable housing/low income housing tax credits (federal and state), historic tax credits, energy credits and conservation easements. Mr. Pollock also regularly advises clients with respect to debt workouts and the purchase of loans.

Mr. Pollock is well known for his expertise related to conservation easement transactions.  He has acted as lead tax counsel in over 250 syndicated and non-syndicated transactions over the past eight years.  He was  a founding  board member of Partnership for Conservation (“P4C”), a diverse national coalition of stakeholders in more than 40 states representing the entire conservation easement ecosystem, where he served for two years,  He remains an active member of P4C.

Mr. Pollock has written several tax articles and speaks regularly on tax topics for national organizations that sponsor educational seminars. In addition, he participated in the Georgia Limited Liability Company and Limited Liability Partnership legislative drafting committees.

Representative Experience

  • Representation of a major multi-family developer in the negotiation and closing of a $300 million institutional investment in developer platform organization.
  • Representation of a major industrial developer in the negotiation and closing of a $300 million programmatic portfolio investment program.
  • Complex like-kind exchanges, including reverse construction like-kind exchanges.
  • Structuring the sale of properties utilizing tax strategies to step up basis and defer approximately $20 million in taxable gain.
  • Planning and implementation of equity based compensation system for leading multi-family developer.
  • Planning and implementation of equity based compensation system for major institutional real estate investor.
  • Representation of Georgia state housing tax credit syndicators in connection with private offerings aggregating in excess of $100 million in tax credits.
  • Representation of landowners and partnership donors of conservation easements involving more than $1 billion of federal charitable deductions.
  • Representation of publicly traded bank in connection with investments in affordable housing producing low income federal tax credits aggregating more than $100 million
  • Representation of a borrower in the acquisition of its promissory note held by a CMBS lender/servicer in Dallas, Texas.
  • Representation of a hotel owner in the assumption (with reduction in principal) of a distressed property commercial loan from a community bank in San Antonio, Texas.
  • Representation of a hotel operator in the acquisition of a distressed property promissory note in Pennsylvania and Alabama.
  • Representation of an industrial operator with the acquisition of a distressed promissory note in Atlanta, Georgia.
  • Representation of a fuel cell technology company in connection with the monetization of investment tax credits derived from the ownership and installation of fuel cell equipment.

Accolades

  • Certified Public Accountant, Georgia, 1979
  • Atlanta Bar Association
  • American Bar Association
  • Former Director, Cobb Futbol Club, Inc.
  • Selected, Georgia Super Lawyer, 2014-2015
  • Selected, Georgia Trend magazine’s Legal Elite, 2012
  • Listed, Legal 500, top lawyer for US Tax, 2016
  • Listed, Chambers USA: America’s Lawyers for Business, Tax, 2018
  • Listed, Legal 500, Tax – US Taxes – Non-Contentious, 2018

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