David S. Lowman, Jr.
Mr. Lowman’s practice focuses on tax issues related to renewable energy and decarbonization.
Mr. Lowman’s practice focuses on federal income tax law, with an emphasis on energy related tax credits, tax issues related to renewable and clean energy, and federal tax audits and tax controversy proceedings. Mr. Lowman represents manufacturers, developers and investors in various types of energy and renewable energy projects, including projects that qualify for tax credits for the production of electricity from wind, solar, geothermal, landfill gas, open-loop biomass, hydropower, municipal waste and other qualifying renewable resources. He also represents clients in matters involving hydrogen, carbon capture and sequestration, advanced fuels, including renewable diesel fuel, sustainable aviation fuel and renewable natural gas. Mr. Lowman regularly works with clients to obtain guidance from the Internal Revenue Service and Treasury Department through private letter rulings, technical advice, and published guidance, such as IRS Notices and Announcements.
He is a frequent speaker at conferences and contributes regularly to various internal and external publications.
Engaged by a number of clients to advise and comment to Treasury and the Internal Revenue Service on various guidance issues under the Inflation Reduction Act of 2022, including the extension of the Sections 45 and 48 tax credits, issues associated with the new Sections 45Y and 48E technology neutral tax credits, the domestic content bonus tax credit provisions, the prevailing wage tax credit provisions, the energy storage tax credit, transferability of tax credits, direct payment of tax credits, the Section 45V hydrogen production tax credit, the Section 45Z clean fuels tax credit, and the Section 45X advanced manufacturing tax credit.
Obtained over 50 favorable private letter rulings from the Internal Revenue Service on various transactions, including transactions involving synthetic fuels produced from coal, coke batteries, landfill gas, contributions in aid of construction (CIAC), and issues involving electric generating facilities.
- Substantial experience representing clients in transactions involving section 45 tax credits for the production of electricity from renewable resources, including the purchase and sale of facilities for production of electricity from wind, open-loop biomass, landfill gas, geothermal and refined coal. Experience includes innovative structures involving combination of prepaid power purchase agreements and tax equity.
- Represented clients before the IRS and Treasury on guidance involving the Section 45Q tax credit for carbon capture and sequestration, including Revenue Procedure 2020-12 providing a partnership-flip safe harbor for Section 45Q investor transactions, changes incorporated in final regulations involving aggregation of projects and other issues.
- Represented clients in obtaining IRS Notice 2009-90 providing guidance on the Section 45 tax credit for production of refined coal and obtaining revisions to that guidance in IRS Notice 2010-54. This guidance required coordination of issues between Treasury and the EPA on power plant emissions required to earn the tax credit.
- Represented client in obtaining IRS Notice 2007-37 providing guidance on the tax credit for production of renewable diesel fuel. This guidance required coordination of technical issues between Treasury, DOE and NREL regarding production of renewable diesel fuel from biomass.
- Represented client in obtaining IRS Notice 2006-88 providing guidance on the section 45 tax credit for production of electricity from open-loop biomass.
- Consulted by Treasury Department in connection with Revenue Procedure 2007-65 involving Section 45 tax credit safe harbor for wind energy transactions.
- Played key role in obtaining Revenue Procedure 2001-30, Revenue Procedure 2001-34, and IRS Announcement 2003-70 involving the Section 29/45K credit for synthetic fuel produced from coal.
- Represented clients in qualifying for Section 1603 Treasury grants and other incentives available for renewable energy projects under the American Recovery and Reinvestment Act of 2009. Submitted comments to Treasury and IRS on behalf of the solar industry on application of the Treasury grant program to solar transactions, and comments to Treasury and IRS on behalf of clients on application of the program to incremental hydropower and landfill gas. Assisted clients in disputes with Treasury over qualification of projects for Treasury grants and litigation in the Federal Court of Claims for underpayment of grants.
- Represented coal companies in litigation that determined the coal excise tax imposed on exported coal was unconstitutional. This case resulted in IRS issuing Revenue Procedure 2000-28 providing refunds of the excise tax collected on exported coal.
- Substantial experience representing taxpayers before the Appeals Office of the Internal Revenue Service, including proceedings involving fast-track and alternative settlement procedures.
- Represented clients in state and federal legislative matters and Congressional investigations.
- Represented major insurance company in all areas of structured settlement business, including product development, tax treatment and legislative matters.