Lewis Kaster’s practice includes real estate joint venture negotiation; law issues concerning partnerships; LLCs and other non-corporate business entities; and tax advice to pension plans and other exempt organizations investing in real estate. He is a frequent writer on real estate issues for publications such as The Journal of Taxation, the Practising Law Institute’s Issues and Answers, the ABA Real Property and Probate Trust Journal and the Real Estate Review. He has been the editor of the Real Estate Department of The Journal of Taxation since 1974.

Mr. Kaster is a member of the adjunct faculty of Columbia Law School, lecturing on partnerships, limited liability companies and other non-corporate entities. He has experience in tax structuring transactions for major exempt organizations and in negotiating investment management agreements for the advisors to those organizations.

Bar and Court Admissions

New York, 1954

United States Courts of Appeals for the Second Circuit and for the Armed Forces

United States District Courts for the Eastern and Southern Districts of New York

United States Tax Court

Education

University of Virginia, Judge Advocate General’s School, 1957

Columbia University, LL.B., 1954

Syracuse University, B.S., magna cum laude, Beta Gamma Sigma, 1951

Publications

• "Income From Providing Telecommunications and Office Equipment Held Qualifying Rent to REIT," The Journal of Taxation, May 1999
• "Absent Independent Contractor, Fees for Storage and Parking Held Taxable Income, Not Rent," The Journal of Taxation, Feb. 1999
• "Parking Receipts as Qualified Rent - More Clarification From IRS," The Journal of Taxation, August 1998
• "More on Parking Receipts as Qualified Rent," The Journal of Taxation, February 1998
• "Favorable New Ruling on Parking Receipts as Rent," The Journal of Taxation, January 1998
• "Pension Fund Investors," New York University Real Estate 18th Annual Conference on Federal Taxation of Real Estate Transactions, 1996
• "The Best Entity for Doing the Deal," Issues and Answers, Practising Law Institute, 1996
• "Disposition of Real Estate: Separating Land from Building," New York University 16thAnnual Conference on Federal Taxation of Real Estate Transactions, 1994
• "Real Estate Transactions by Exempt Entities - Technique and Taxability," New York University 14th Annual Conference on Federal Taxation of Real Estate Transactions, 1992
• "Venturing In and Working Out," Real Estate Review, Vol. 21, No. 2, Summer 1991
• "The Real Estate Partnership in Default Upfront Protections, Workouts and Bankruptcy," 1990
• ALI-ABA Courses: "Modern Real Estate Transactions," 1979-1984, 1990
• "Tax and Securities Implications of Tenant Equity Participations," Real Estate Review, Vol. 19, No. 1, Spring 1989
• "When is a Lease Not a Lease," Real Estate Review, Vol.18, No. 1, Spring 1988
• "Due Diligence Obligations in the Sale of Real Estate Securities," Real Estate Review, Vol. 17, No. 4, Winter 1988
• "Realty Ventures - Working In and Working Out," 1987
• "Recharacterizing Leasing Transactions," Real Property Law Reporter, California Continuing Education of the Bar, July 1987 Ed.
• "The Impact of a General Partner’s Bankruptcy Upon the Remaining Partners," ABA Real Property and Probate Trust Journal, Vol. 21, No.3, Fall 1986
• "Techniques for Pension Trusts and Other Tax Exempt Entities Investment in Real Estate," 20th Hawaii Tax Institute, 1983
• "Pension Trust Investments in Realty-Banks, Insurance Companies," Wall Street Developers, 1981
• "Sale-Leasebacks-Economics," Tax Aspects and Lease Terms, 1979
• "Creative Tax Planning for Real Estate Transactions," 1979
• "Realty Interests - Default and Rescue," 1975

Professional Affiliations

• American College of Real Estate Lawyers – Member, 1983-; Director 1990-1993
• The Association of the Bar of the City of New York – Committee on Taxation, 1971-1974
• New York State Bar Association – Chairman, Committee on Income from Real Property, Section of Taxation, 1974-1976; Executive Committee, 1977-1978
• American Bar Association – Committee on Real Estate Tax Problems, Chairman, 1973-1975; Special Advisor, 1975-1976
• National Association of Real Estate Investment Managers – Senior Counsel Group, Co-chairman, 1995 Conference

Civic Involvement and Honors

• Beta Gamma Sigma
• James Kent Scholar
• Columbia Law School – Faculty Assistant to the Dean, 1952-1954; 1958
• Columbia University – Lecturer in Law, 1963-1964
• Columbia Law School – Lecturer in Partnerships and Limited Liability Companies, 1981-1989, 1992-
• The Journal of Taxation – Editor, Real Estate Department, 1974
• American College of Real Estate Lawyers – Member; Governor, 1992-1995; Chairman, Partnership Law and Taxation Committee, 1988-1991; Planning Committee Member, 1990-1992
• Practising Law Institute – Real Estate Advisory Committee Member, 1982-1996
• Forest Hills Gardens Corporation – Director, 1978
• Seacoast 5700 Condominium Association – Director and President, 1997-1998
• American Bar Association - Martin I. Lubaroff Award, 2010