Diane L. Rivers, JD, CPA, LLM  

Biography

Diane L. Rivers

J.D., C.P.A., LL.M. in Taxation
Admitted in New York, New Jersey and Connecticut

185 East 85th Street, Suite 3K
New York, New York, 10028-2172

(212) 722-4084

Diane@DianeRivers.com

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Experience. During law school, I worked on Wall Street in the litigation department of Shearman & Sterling LLP (http://www.shearman.com/).  I was also a summer tax associate at Briger & Associates (http://www.lawyers.com/New-York/New-York/Briger-and-Associates-456156-f.html) concentrating on international tax issues. After law school, I worked for one year in the international tax department of Peat, Marwick, Mitchell & Company (now KPMG Peat Marwick LLP - http://www.us.kpmg.com) on “inbound” tax matters.

From 1983 to 1995, I was Tax Counsel for Warner-Lambert Company (acquired by Pfizer, Inc. in 2000 - http://www.pfizer.com/home/), a multinational pharmaceutical and consumer health care products company headquartered in Morris Plains, New Jersey. Responsibilities included worldwide executive compensation (e.g., deferred compensation, stock options plans, stock appreciation rights, restricted stock, 401(k) plan, retirement plan, payroll reporting and tax withholding issues, §3121(l) agreements, taxation of expatriates and aliens, travel and entertainment expenses, consultants, etc.) and fringe benefit tax matters (e.g., educational reimbursements, compensation-related loans, moving expenses, flights on employer provided aircraft, business use of home by sales force, etc.), worldwide R&D tax issues (e.g., tax deduction, tax credits, cost sharing and royalty agreements, expense allocations, technology transfers, local incentives, intangibles, etc.), the Company's Canadian operations, foreign and domestic tax audits as well as various complex international tax planning issues involving joint ventures, acquisitions, divestitures and plant rationalizations. Other areas of concentration included the Company's Political Action Committee, its Charitable Foundation, its corporate accounting policies and representation of the Company at various National Foreign Trade Council task force committee meetings on corporate integration, VAT, tax treaties and Federal tax legislation.

From 1995 to 1997, I worked with Martin M. Shenkman (http://www.shenkmanlaw.com/), focusing primarily in the area of estate planning; estate administration and tax planning for individuals and closely held businesses. Responsibilities included preparation of comprehensive durable powers of attorney, living wills, wills, irrevocable life insurance trusts, revocable living trusts and trusts for children as well as advising clients with respect to their individual estate planning needs, including the use of credit shelter trusts, disclaimers, QTIP (marital) trusts, living trusts, insurance trusts, charitable trusts, QPRTs (personal residence trusts) and trusts as beneficiary of retirement assets. I also assisted in the probate and estate administration of estates, reviewed Federal and State estate and gift tax return filings of various clients, assisted in gift tax audits of decedents' estates and advised clients on the use of minority and lack of marketability discounts in valuing closely held businesses.

Additional areas of practice included the structuring of business and investment transactions, including sales of stock of a closely held business, formation of family limited partnerships and limited liability companies (LLCs), tax deferred like kind exchanges, the use of LLC conversions and the unrelated business income tax impact of the activities of a for profit subsidiary of a tax-exempt parent. I assisted in the preparation of gift tax letters for year-end gifting of corporate stock, LLC membership interests and partnership interests; in the drafting of employment contracts, shareholders' agreements, partnership agreements and LLC operating agreements and reviewed and prepared revisions to lease agreements and prenuptial agreements. I also prepared IRS applications for recognition of tax exemption for nonprofit organizations and drafted incentive stock option plans for closely held businesses.

From 1997 to 2007, I was engaged in my own practice, concentrating on income tax, estate & gift tax planning matters for individuals and businesses (http://www.DianeRivers.com). I  was also "Of Counsel" to the Bohonnon Law Firm, LLC (http://www.Bohonnon.com) whose offices are located in New Haven and Westport, Connecticut and to Rubin, Bailin, Ortoli LLP (now Sanders, Ortoli, Vaughn-Flam, Rosenstadt, LLP - http://www.sovrlaw.com/aboutus.html) whose offices are located in NYC.

Since 1999, I have been an Administrative Law Judge (ALJ) at the New York City Taxi & Limousine Commission (TLC) (http://nyc.gov/html/tlc/html/home/home.shtml) where I have conducted “Applicant Fitness” hearings, “Fitness” hearings and “Consumer” hearings. Since 2007, I have been a member of the TLC’s Appeals Division. I have also advised the TLC's Chair and the TLC’s General Counsel on special projects, including the federal, state and local tax treatment of medallion owners, drivers and leasing agents as well as tax incentives for alternative fuels (CNG) and electric vehicles. I have prepared studies on wheelchair accessible taxicabs; partitions and in-vehicle cameras for livery vehicles; licensing adjudication procedures; financing aspects of the medallion industry; and leasing reform. I have drafted proposed legislation that would provide owners of taxicabs and for-hire vehicles with a tax credit for the cost of purchasing and/or converting vehicles to make them accessible to the disabled. I have represented the TLC in various franchise meetings, drafted procedures concerning medallion transfers and civil forfeiture of unlicensed vehicles as well as created and maintained an extensive database on medallion transfers and vehicle seizures. I also actively participated in the 2004 auctions of 573 new medallions and tracked the proceeds raised from the medallion sales. I authored a chapter in the ALJ Manual on Taxicab Agents and drafted proposed Rules on pilot programs and service improvements.

Since 2007, I have also been an ALJ in the Appeals Unit of the Environmental Control Board (http://home2.nyc.gov/html/ecb/html/home/home.shtml), where I review decisions involving violations of NYC’s quality-of-life laws that protect the health, safety and cleanliness of the City’s environment and neighborhoods (e.g., Asbestos, Air Code, Building Code, Fire Prevention Code, Food and General Vendor Rules, Health Code, Noise Control Code, Parks Department Rules, Public Health Law: Canine Waste, Recycling Rules, Sanitation Code, Sewer Code, Transportation Rules, Vehicle & Traffic Law, Water Code, Zoning Resolution, etc.).  

Publications. I have co-authored the following articles: Form 1040: Road Map to Your Client's Financial Future (October 1995 NAPFA Advisor); Valuing an Accounting Practice For Purposes of Divorce (January 1996 The Matrimonial Strategist); and Using Tax Returns to Spot A Client's Legal, Financial and Personal Issues (May-July 1996 The Bergen Barrister). I have also ghost written articles for other attorneys (e.g., on qualified domestic trusts, portfolio interest, etc.) that have appeared in California legal periodicals.

Admissions. New York (1981), New Jersey (1996) and Connecticut (1997) Bars. The United States District Courts for the Southern District of New York, the Eastern District of New York and the United States District Court for the District of New Jersey. Texas Certified Public Accountant (1985).

Memberships. The New York City Bar. The American Institute for Certified Public Accountants. The BMW Car Club of America. The Seventh Regiment Rifle Club. The Military Law Committee of the Brooklyn Bar Association.

Education. French Baccalaureate from the Lycée Français de New York (1974); B.S. in Accounting, Summa Cum Laude, from the New York Institute of Technology (1978); Juris Doctor from Brooklyn Law School (1981) and an LL.M. in Taxation from New York University (1989). Trained by the NYC Bar as a Certified Guardian and Court Evaluator under Article 81 of the N.Y. Mental Hygiene Law. Completed selected courses in the Certified Financial Planner Program at New York University. Completed the NYC Bar’s Basic Mediation Training: Conflict Resolution Theory & Techniques four day (28 hours) course. Completed a psychopathology course in a Master of Science program in Marriage and Family Therapy (2007).

Languages. Fluent in French; working knowledge of Spanish.

Translations. Legal documents from French into English.

Trusteeships. Manage financial affairs of incapacitated individuals. Track and monitor receipts and outflows. Prepare cash flow statements and tax analysis. Track and monitor portfolio investments and performance. Research, identify and implement new investment opportunities. Review asset allocations. Rebalance as necessary.

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