Overview
Herman Spence handles the tax aspects of mergers, acquisitions, financings, and other corporate and real estate transactions. Herman also assists clients with tax audits and appeals, and he provides tax support to the firm’s public finance attorneys.
The following is a representative list of the tax areas in which Herman practices:
- Stock and asset acquisitions
- Tax-free mergers and reorganizations
- Structuring LLCs and partnerships
- Buyout, venture capital and other investment funds
- Choice of entity analysis
- Like-kind exchanges
- Structuring financings
- Financial instruments
- Debt workouts
- Executive compensation, including stock options, other incentive compensation and dealing with limitations on deductions
- State taxation
- Organizing and advising tax-exempt entities and obtaining 501(c)(3) determination rulings
- Tax-exempt bonds, including financings for governmental units, exempt hospitals and educational institutions, and exempt facilities
- International taxation
- Family partnerships, including gifting and valuation issues
- Obtaining private letter rulings
- Tax audits, litigation and other controversies
- Structuring litigation settlements
- General tax planning
Experience
- Advises clients on tax issues as to joint ventures and investment funds, and drafts tax provisions.
- Represents clients on the tax aspects of mergers and acquisitions.
- Provided tax and structuring advice to a law firm in the merger of two firms.
- Advised a hospital group about tax issues in issuing tax-exempt bonds to finance the acquisition of several hospitals.
- Represents real estate clients on the tax aspects of like-kind exchanges.
- Represents exempt entities in obtaining IRS rulings.
- Advises clients on structuring profits interests and other related incentive compensation.
- Represented a solar developer in successfully defending North Carolina renewable energy tax credits.
Accolades
Honors & Recognitions
- North Carolina Bar Association, Tax Section, Tax Law Lifetime Achievement and Service Award, 2025
- Chambers USA, tax, 2020-25
- The Best Lawyers in America, tax, litigation and controversy - tax, 2009-26; Charlotte Tax Law Lawyer of the Year, 2019
- North Carolina Super Lawyers, tax, 2008, 2013-17, 2023-25
- Business North Carolina, Legal Elite, tax, litigation and controversy - tax, estate planning, 2007-13, 2023
- Martindale-Hubbell, AV® Preeminent™ Peer Review Rated
Affiliations
Professional Affiliations
- Mecklenburg County Bar, Tax Section, Chair, 2020-21
- North Carolina Bar Association, Tax Section, Board Member; Editor of Tax Newsletter, 2011-present
- National Association of Bond Lawyers
Community Affiliations
- University of North Carolina at Chapel Hill, Board of Visitors, 2021-present
News & Events
News
Events
Insights
Publications
Practice Areas
Education
University of North Carolina at Chapel Hill, J.D., with high honors, 1982, Order of the Coif; John Motley Morehead Law Fellow; Articles Editor, North Carolina Law Review, 1981-82
University of North Carolina at Chapel Hill, B.S., with honors, 1979, Phi Beta Kappa; Beta Gamma Sigma
Bar Admissions
- North Carolina
Clerkships
- Law Clerk, The Honorable Edward A. Tamm, U.S. Court of Appeals, District of Columbia, 1982-83
