Richard Tomeo

Richard W. Tomeo

Of Counsel

Richard W. Tomeo

Of Counsel

  • Overview

    Biography

    Dick Tomeo is a retired partner and former chair of the firm's Tax Group who has a broad background in both federal and state tax matters, including transactional matters, the representation of clients before taxing agencies, and the representation of tax-exempt organizations such as health care institutions.

    A significant portion of his practice focused on state and local tax issues. Mr. Tomeo regularly advised both domestic and foreign clients regarding the structure of operations in Connecticut and other states, with a view to minimizing the impact of state and local income, sales and use, ad valorem, and excise taxes. His efforts included advance planning with respect to the state and local tax considerations of the acquisitions of businesses, the structure of investments, and the identification and negotiation of special tax incentives in various jurisdictions. 

    His practice also involved advising domestic and foreign clients regarding the tax implications of complicated business structures and transactions, including mergers and acquisitions, financings, cross-border transactions, and the use of various types of business organizations. Mr. Tomeo also had considerable experience over a 20 year span in drafting and working to secure adoption of tax legislation and in helping to shape tax regulations adopted at the state level.

    Mr. Tomeo regularly represented clients before taxing agencies in audits and administrative litigation as well as in tax litigation. He successfully argued the case of Foodways National, Inc. v. Crystal before the Connecticut Supreme Court, establishing that amounts paid for storage space in a public warehouse constitute rent for purposes of corporate income tax apportionment. He successfully prosecuted the case of Steelcase, Inc. v. Crystal before the Supreme Court, establishing that the Connecticut sales and use tax could not properly be applied to drop shipment sales under the circumstances presented.

    Mr. Tomeo has been a member of the editorial board of, and a frequent contributor to, the Journal of Multistate Taxation and a contributing author to the CCH Guidebook to Connecticut Taxes. He has also served as the senior topical editor for taxation for the Connecticut Bar Journal. Mr. Tomeo has been named to the Connecticut Super Lawyers® list in the area of Tax since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.).

  • Experience
    • Experience

      Experience

        Federal Tax Representation

      • Represented a Canadian paper products company in connection with acquisition of operating assets in the United States, involving attention to the earning stripping rules and the Canada U.S. income tax treaty.
      • State Tax Representation

      • Represented taxpayer in Steelcase, Inc. v. Crystal re sales tax on drop shipments.
      • Represented taxpayer in Foodways National v. Crystal re treatment of public warehouse space for apportionment purposes.
      • Tax Litigation

      • Served as counsel for the taxpayer in Dine Out Tonight v. Commissioner in which the Connecticut Supreme Court held that sales tax was not applicable to the sale of dining cards.
      • Served as counsel for the taxpayer in GTech Corp. v. Commissioner involving the applicability of use taxes to the operator of the Connecticut State Lottery.
      • Other Experiences

      • Represented taxpayer in America Online, Inc. v. Gavin re Connecticut sales tax on accessing the Internet.
      • Tax Litigation

      • Served as counsel for the taxpayer in Grolier Enterprises, Inc. v. Commissioner in which the Connecticut Superior Court held that sales tax is not applicable to rental of mailing lists.
      • Served as counsel for the taxpayer in Toys 'R Us v. Commissioner involving the applicability of corporation tax to Delaware special purpose entities; settled after trial.
      • Served as counsel for the taxpayer in Alumax, Inc. v. Commissioner involving the applicability of 42 U.S.C. § 1983 in a corporation tax case.
      • Served as counsel for the taxpayer in Forox Corp. v. Commissioner involving sales tax exemption for cameras used for audio/visual production.
      • Other Experiences

      • Provided tax representation for numerous businesses operating as S-corporations, including advice regarding compliance with the single class of stock requirement; implications of restricted stock, convertible debt, and put/call arrangements; and calculation of built-in gain as well as advice regarding the federal and state tax implications of stock sales with section 338(h)(10) deemed asset sale elections.
      • Transactional

      • Negotiated resolution of Connecticut corporation tax issues in connection with the relocation of the headquarter's operations of a Fortune 500 financial service group to the State.
      • Worked to draft and secure legislative enactment of favorable Connecticut corporation tax provisions relating to the apportionment of broadcaster income.
      • State Tax Representation

      • Facilitated relocation of corporate headquarters, including multinational holding company structure.
      • Successful negotiation of sales and use tax issues involving application of the manufacturing machinery and equipment exemption to the photofinishing industry.
      • Expanded definition of taxable products under the petroleum products gross earnings tax.
      • Managed inbound acquisition of U.S. operations in various states.
      • Represented taxpayer in Toys 'R' Us v. Gavin and numerous other appeals regarding special purpose holding companies.
      • Represented corporation re Connecticut corporate tax implications of IRS 338(h)(10) election.
      • Structured importation of natural gas into Connecticut in a tax-efficient manner.
      • Resolved cases involving Connecticut sales tax on computer and data processing services.
      • Successful negotiation of nexus issues for pharmaceutical companies in Connecticut, Maine, New Hampshire and Rhode Island.
      • Negotiated application of the manufacturing exemptions to the newspaper industry.
      • Federal Tax Representation

      • Defended threatened revocation of tax-exempt status.
      • State Tax Representation

      • Represented numerous corporations on application of Allied Signal to various fact patterns.
      • Secured adoption of legislation permitting broadcasters to apportion income based on audience.
      • Federal Tax Representation

      • Representation of borrowers and lenders with respect to tax aspects of cross-border financings, including withholding and subpart F issues.
      • State Tax Representation

      • Collaborated with Connecticut Department of Revenue Services on legislation clarifying application of corporate tax to corporate partners.
      • Represented taxpayer in securing favorable sales and use tax treatment of sale-leaseback transactions in Connecticut and Massachusetts.
      • Other Experiences

      • Regulatory counsel for FirstLight Power Resources, whose Waterbury Generation Project consists of an approximately 96-megawatt (MW) generator to be built on a brownfield site on Washington Avenue in the City of Waterbury. This generator is a state-of-the-art combustion turbine manufactured by the General Electric Company that will, during periods of high electric loads, primarily burn natural gas, with ultra low sulfur distillate (similar to kerosene) used as backup fuel.
      • Counsel for electric generator in connection with Connecticut sales and use and gross earnings tax issues with respect to a new generating facility.
      • Represented generator of electricity in connection with a Connecticut sales and use tax audit relating to the construction of its facility and with respect to application of Connecticut gross earnings taxes to the sale and purchase of natural gas used to power the facility. Engagement included successful efforts to secure a targeted legislative tax exemption for the facility.
      • State Tax Representation

      • Represented a generator of electricity in connection with a Connecticut corporation business tax audit and administrative appeal relating to application of fixed capital investment credits and successful settlement of the issues presented.
      • Represented entities in cross-border business transactions and investments (inbound and outbound) and negotiation of state and local tax incentives.
      • Other Experiences

      • Drafted new insurance reinvestment fund tax legislation in Connecticut and represented a group of venture capital partnerships in establishing an insurance reinvestment fund approved by the Connecticut Department of Economic and Community Development to channel investments by insurance companies into start-up or emerging businesses in Connecticut. These types of funds exist in some other states and are commonly referred to as Capco Funds.
      • Representation of U.S. subsidiary concerning its accession to its parent corporation’s restructured global credit facilities.
      • Transactional

      • Provided tax analysis and negotiation of deal terms in connection with the sale of Stacy's Pita Chip Company to PepsiCo, Inc.
      • Other Experiences

      • Defended law firm in malpractice action alleging failure to advise client about environmental disclosure requirements of the property transfer law.
      • Represented developer of 127-unit active adult residential community on 10 acres of waterfront land in contested hearing before Connecticut DEEP on the issuance of a permit to allow on-site community sewerage system using alternative wastewater treatment technology, ultimately securing the necessary permit in the end.

      • Planning and Zoning

      • Represented developer of 127-unit active adult residential community on 10 acres of waterfront land in contested hearing before Connecticut DEP on the issuance of a permit to allow on-site community sewerage system using alternative wastewater treatment technology, ultimately securing the necessary permit in the end.
      • Other Experiences

      • Served as environmental counsel for large utility in connection with the acquisition of a nuclear power plant.
      • Represented an executive of a telecommunications company with respect to his employment agreement, nonqualified stock options, incentive stock options, and other compensation arrangements.
      • Counseled a large, privately held manufacturing client in a project involving a contaminated municipal water supply well, and regional and onsite groundwater investigation and remediation, and on-site RCRA Corrective Action.

      • Brought forth legislation permitting issuers of credit cards to use market-based apportionment.
      • Transactional

      • Negotiated favorable resolution of Connecticut corporation tax issues with the Connecticut Department of Revenue Services with respect to move of a financial services operation to Connecticut from New York.
      • State Tax Representation

      • Spearheaded legislation excepting customers of commercial printers from Connecticut nexus.
      • Transactional

      • Represented world-recognized media production company in securing passage of legislation providing Connecticut tax credit for film and digital media infrastructure and a digital animation tax credit; negotiated both credit sale transactions and state economic development incentives.
      • back to top
    • Professional Associations

      Professional Associations

      American Bar Association
      Section of Taxation, Vice Chair of State and Local Taxes Committee (1985 - present)

      Connecticut Bar Association
      Chair of Corporation Business Tax Subcommittee
      Past Chair of Tax Section

      National Association of State Bar Tax Sections
      Executive Committee

      MetroHartford Alliance
      Tax and Fiscal Policy Committee

      Connecticut Business & Industry Association
      Tax Committee

      Department of Revenue Services
      Carpenter Technology Ad Hoc Committee (2001)

      Connecticut Tax Court Advisory Committee (1994)

      Department of Revenue Services
      Legislative Task Force to develop corporate partner legislation (1996)
    • Honors + Awards

      Honors + Awards

      Listed in Connecticut Super Lawyers® in the area of Tax Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed in The Best Lawyers in America® in the area of Tax Law since 1983 and in Litigation & Controversy - Tax since 2012 (Copyright 2013 by Woodward/White, Inc., Aiken, SC)

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Taxation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Tax Law for 2011 (Copyright 2010 by Woodward/White, Inc., Aiken, SC)

    • Community Involvement

      Community Involvement

      University of Connecticut Foundation
      Past Chairman of the Board
  • NEWS + PRESS
    • Publications

      Publications

      "State Adopts Expansive Film Production Tax Credit Program," published in Journal of Multistate Taxation (11/2006)

      "Connecticut Supreme Court Holds that Software Customization Is a Taxable Computer Service," published in Journal of Multistate Taxation (3/2001)

      "Multistate Taxation and E-Commerce – Connecticut,," published in Journal of Multistate Taxation, co-authored with John Shaughnessy (3/2001)

      "Andersen Consulting v. Gavin,," co-authored with John Shaughnessy and Linda Morkan, amicus brief filed with the Connecticut Supreme Court (9/29/2000)

      "General Assembly Adopts Single-Factor Income Apportionment for Manufacturers and Broadcasters," published in Journal of Multistate Taxation (6/2000)

      "Superior Court Rejects Automatic Disallowance of Foreign Sales Corp. Commission Expense," published in Journal of Multistate Taxation (6/2000)

      "Creation of 'Custom Software' Is Not a Taxable Computer and Data Processing Service," published in Journal of Multistate Taxation (2/2000)

      "Connecticut Supreme Court Permits Offset Against Tax Liability," published in Journal of Multistate Taxation (1/2000)

      "Connecticut Takes Bold Steps in the Taxation of Financial Service Companies," published in Journal of Multistate Taxation

    • Presentations

      Presentations

      "Tax Incentives for Investment and Job Growth in Connecticut," at $'s & Dirt, Funding for Moving Dirt, Berlin, Connecticut (11/5/2010)

      "The Brave New World of Economic Nexus in Connecticut and Elsewhere," at Connecticut Society of Certified Public Accountants' Tax360º Conference, Rocky Hill, Connecticut, co-presented with Felicia S. Hoeniger (11/2010)

      "Liaison Reports," at National Association of State Bar Tax Sections, San Francisco, California (10/2010)

      "Handling Connecticut Income Tax Audits and Hot Issues," at "Tax 360" seminar, hosted by the Connecticut Society of Certified Public Accountants (12/2009)

      "Practitioners' Perspectives on Connecticut Taxes," at University of Connecticut 2009 Tax School, co-presented with Felicia S. Hoeniger (11/2009)

      "Recent Developments in Connecticut Taxation," at Tri-State Tax Conference, sponsored by the New York Certified Public Accountants Society, New York City (2/2009)

      "Connecticut Tax Developments," at FAE Tri-State Taxation Conference, New York, NY. Also participated in a point-counterpoint panel discussion on related topics. (1/18/2007)

      "Representing Taxpayers in Personal Income Tax Residency Audits," at State Tax Forum of the Connecticut Society of CPAs (10/24/2006)

      "The Taxation of Inter-Company Transactions in Separate Return States," at Institute of Professionals in Taxation State Corporation Tax Program, La Jolla, CA, panelist (10/17/2006)

      "Connecticut Update," at New York Foundation for Accounting Education Tri-State Taxation Conference (1/9/2003)

      "Sales and Use Taxation of Advertising, Printed and Promotional Material," at Connecticut Business & Industry Association Sales and Use Tax Conference (3/22/2002)

      "Connecticut Tax Litigation Developments," at Department of Revenue Services' Business Users Group (10/16/2001)

      "Connecticut Tax Developments," at Connecticut Bar Association's Annual Meeting (5/26/2001)

      "Tax Update—New England States," at Georgetown University Advanced State and Local Tax Institute (5/17/2001)

      "What's Happening in Connecticut," at New Jersey Tax Practitioners Multistate Tax Seminar (11/15/2000)

    • News

      R+C in the News

      • May 3, 2011

        Blue Sky’s Rio Screened at Connecticut Science Center

        • » more info
      • November 16, 2010

        Tax Partner Analyzes Tax Incentives for Investment and Job Growth in Connecticut

        • » more info
      • November 9, 2010

        Attorney Moderates Panel at National Tax Conference

        • » more info
      • November 3, 2010

        Tax Attorneys Present at Connecticut Society of Certified Public Accountants’ Tax360º Conference

        • » more info
      • October 13, 2010

        Connecticut Bar Association Appoints Robinson & Cole Attorney as Subcommittee Chair

        • » more info
      • December 10, 2009

        Robinson & Cole Plays a Leading Role at Connecticut Digital Media Conference

        • » more info
      • June 9, 2008

        Robinson & Cole Tax Partner Speaks at ABA State & Local Tax Committee Meeting

        • » more info
      • January 4, 2008

        Robinson & Cole Partner Speaks at UConn Tax program

        • » more info

      R+C News Releases

      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

        • » more info
        • View article
      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • September 12, 2011

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • November 10, 2010

        Best Lawyers Names Five Robinson & Cole Attorneys as Lawyers of the Year, Most Chosen in the Hartford Community

        • » more info
        • View article