Thomas J. Moylan

Of Counsel

  • Office Contact Info
  • Biography

    Thomas J. Moylan is of counsel in the Rhode Island office of Gordon & Rees and is a member of the Business Transactions practice group. He concentrates his practice in advising businesses and individuals in the areas of real estate law, estate and trust planning, estate administration, asset protection planning and business law.

    Mr. Moylan provides clients with tax services and representation in all types of planning, structuring complex business, financing, and real estate transactions. He assists his clients in planning for and implementing the transfer of assets during life and at death advising on such matters as estate planning and administration, succession planning for owners of family businesses, planning for distributions from retirement plans, charitable giving, formation of tax-exempt organizations and trust administration and tax reporting.

    Additionally, Mr. Moylan aids his clients in implementing appropriate strategies to form a barrier between their assets and those who are trying to gain access to them. Services provided include forming appropriate entities to protect assets, utilizing domestic and offshore asset protection trusts where indicated, and evaluating and describing the tax consequences of any recommended strategy.

    Mr. Moylan represents domestic and international clients in a wide range of real estate transactions which involve the acquisition, financing, development, construction, management, operation, leasing and sale of office, retail, industrial, and residential properties, with particular focus on 1031 exchanges and capital gain planning.

    He has represented individuals and businesses before the IRS and state taxing authorities in audits and appeals as well as U.S. Tax Court.

    He also assists elderly and disabled clients of all incomes with applying for government benefits such as Medicaid, and planning to qualify for government benefits.

    Admissions

    Massachusetts
    Rhode Island
    Florida
    U.S. District Court, District of Massachusetts
    U.S. Tax Court

    Memberships

    Florida Bar Association - Sections of Tax, Probate and Trust Law
    Rhode Island Bar Association
    National Academy of Elder Law Attorneys - National and Massachusetts Chapters

  • Practice Areas
  • Publications & Presentations

    Publications

    • Using the Reverse Exchange; A Solution for Timing Problems Banker & Tradesman, December 25, 2005
    • ‘Parking’ Investor Funds Are Key To Financing Reverse Exchange, Banker & Tradesman, February 23, 2004
    • Key Questions to Ask About a 1031 Property Exchange, Providence Business Journal, June 4, 2007
    • Hot Issues in 1031 Exchanges, Lorman Educational Services Newsletter, Spring 2006
    • 1031 Exchanges of Oil, Gas and Mineral Interests: Do They Qualify?, New England Real Estate Journal, September 28, 2007
    • A New Fix for a Rev. Proc. 2000-37 Busted Safe Harbor Reverse Exchange, New England Real Estate Journal, May 25, 2007
    • Related Parties and 1031 Exchanges: Some of the Special Rules that Apply, New England Real Estate Journal, October 27, 2006
    • Vacation Homes – Do They Qualify for 1031 Exchanges?, Sumnews, Newsletter of the MA Society of CPA’s, Vol. 17, Num. 3, 2006
    • How Late is Too Late to do an Exchange?, New England Real Estate Journal, January 27, 2006
    • Aging baby boomer generation fuels Tenant in Common 1031 exchanges, New England Real Estate Journal, October 28, 2005
    • How You Can Build Yourself the Perfect Replacement Property, Banker & Tradesman, September 26, 2005
    • How to choose a QI: The gatekeepers of 1031 exchange transactions, New York Real Estate Journal, September 20, 2005
    • Exchanges continue at a frantic pace bringing up a number of issues, New England Real Estate Journal, July 29, 2005
    • 1031 Exchanges in a Hot Real Estate Market, Banker & Tradesman, September 20, 2005
    • Combine IRC s 121 Exclusion with 1031 Exchange to Maximize Tax Savings, New England Real Estate Journal, March 29, 2005
    • Tax exclusion not immediately available for converted personal residences, New England Real Estate Journal, January 28, 2005
    • Calculating Capital Gain in Sales and Exchanges, Banker & Tradesman, April 26, 2004
    • Avoid Phantom Income with a 1031 Exchange, New York Real Estate Journal, August 26, 2003
    • Don’t disregard opportunity to use single member LLC in a 1031 exchange, Northeast Real Estate Business, September 2006
    • RIA State and Local Taxes, 1995 – 1997
    • R.I. Elder Law: Taking Control of the Planning Process, 1996

    Presentations

    • U.S. Small Business Administration/Service Corps of Retired Executives - Annual Tax Update
    • Boston Tax Institute – Taxation of Real Estate Transactions; IRC Section 1031 Like-Kind Exchanges
    • National Business Institute – Elder Law
  • Education

    Education

    LL.M., Taxation, Boston University School of Law

    J.D., Suffolk University Law School

    B.S., cum laude, Finance, Providence College