©2019 Burke & Marquit LLP. 

MATTHEW BURKE

Matthew Burke's practice focuses exclusively on California property tax and documentary transfer tax law. Before forming Burke & Marquit LLP, Matthew had his own solo practice in Los Angeles for a couple of years. Prior to opening his own law practice, Matthew spent his legal career in big law firms, Big 4 accounting firms, and with the California State Board of Equalization (the "BOE"). 

 

At the BOE, Matthew became one of the leading experts on California property tax issues, where he was a resource for taxpayers, their representatives, and county assessor staff. Many of Matthew’s advisory legal opinions became published guidance as Property Tax Annotations, and one of his formal memoranda on the Proposition 13 change in ownership rules on long-term lease transactions, Property Tax Annotation 220.0357, was cited by the Court of Appeal for the Fourth Appellate District in Dyanlyn Two v. County of Orange, 234 Cal.App.4th 800 (2015), the first published property tax decision where a taxpayer prevailed against an assessor’s step transaction doctrine arguments.  

on Proposition 13 issues arising in succession planning and in post-death trust administration. He also advises private equity funds, institutional real estate owners, and major corporations on Proposition 13 change in ownership and documentary transfer tax issues relating to acquisitions, dispositions, and joint ventures.

 

He is the author of Proposition 13, California Property Taxes, and Planning for Family-Owned Businesses: The Change in Ownership Rules for Real Property and Legal Entities Held in Trust, California Trust & Estates Quarterly, Vol. 20, Issue 3 (2014).

 

Matthew received a B.A. in Economics from the University of Colorado at Boulder, a J.D. from the University of California, Hastings College of the Law, and an LL.M. in Taxation from New York University School of Law.

 

Prior firms:

 

KPMG LLP

Jones Day

Troop Meisinger Steuber Pasich, LLP

California State Board of Equalization

Pillsbury Winthrop Shaw Pittman LLP

PricewaterhouseCoopers LLP

In his private practice, Matthew advises individuals, wealthy families and family-owned real estate companies, trustees and other fiduciaries 

JONATHAN MARQUIT

Prior to forming Burke & Marquit LLP, Jonathan Marquit practiced in the Tax group at several of the nation’s leading law firms with an emphasis on matters relating to renewable energy, and in particular the application of Proposition 13 to renewable energy assets and financing structures. 

 

Mr. Marquit has represented tax equity investors including J.P. Morgan, Wells Fargo, Bank of America, MetLife and Citibank and project developers in numerous transactions in the renewable energy sector utilizing partnership flip and sale-leaseback structures for a wide range of assets, including wind, solar, biomass and geothermal facilities. 

Mr. Marquit’s experience includes working closely with the IRS in connection with drafting recently published guidance relating to the production tax credit, as well as working with the California Board of Equalization in connection with drafting the guidelines for the property tax exclusion for newly constructed active solar energy systems.  Mr. Marquit also advised a leading solar developer in successfully obtaining the first-ever IRS private letter ruling allowing 

domestic partnerships to claim the energy tax credit for qualifying energy facilities constructed in Puerto Rico.

Representative transactions include:

  • Advising back-leverage lenders in connection with the foreclosure of a large solar developer’s portfolio of solar facilities located in various states including California utilizing a specialized foreclosure structure designed to preserve the California property tax exclusion for newly constructed active solar energy systems.
     

  • Advising a leading solar developer in connection with the structuring, construction, bond financing and multi-phase tax equity financing of a solar facility being developed in California that, when completed, was the largest utility-scale solar photovoltaic facility in the United States, utilizing specialized partnership flip structure tailored to preserve the California property tax exclusion for newly constructed active solar energy systems and take advantage of the section 1603 cash grant.
     

  • Advising a large tax equity investor in connection with the financing of a leveraged portfolio of eight geothermal facilities located throughout California and Nevada utilizing a PAYGO structure designed to take advantage of the production tax credit.
     

  • The financing, on behalf of different clients, of several portfolios of solar energy facilities developed by SunEdison, utilizing partnership flip and sale-leaseback structures tailored to take advantage of the section 1603 cash grant and the energy tax credit.

 

Mr. Marquit received a J.D. from the University of Southern California Gould School of Law in 2008 and a B.A. in Political Psychology from Pitzer College in 2005.

Prior firms:

Dewey & LeBoeuf LLP

Sidley Austin LLP

Milbank LLP