Benjamin A. Goldburd

Benjamin A. Goldburd

Goldburd McCone
  • Tax Law
  • New York
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Benjamin A. Goldburd is a partner at the law firm of Goldburd McCone LLP located in New York City, New York. Focusing his practice on tax law, including business and consumer tax, he also takes on cases involving cannabis law, mergers and acquisitions and general corporate counsel.

Representing clients in New York, New Jersey, Florida, California, across the county and throughout the world, Mr. Goldburd has more than eight years of experience providing sound counsel to his clients. Well-known for his tenacity and aggressiveness in the courtroom, he is a zealous and tireless advocate for his clients with a firm commitment to their needs.

Graduating magna cum laude and with dean’s list honors, Mr. Goldburd obtained his Bachelor of Science degree in accounting from Brooklyn College. He was the editor-in-chief of the Brooklyn College Pre-Law Journal and the chief political editor of the Brooklyn College Night Call Journal. He was also a member of the Brooklyn College Accounting Society.

Mr. Goldburd went on to pursue law and obtained his Juris Doctor from the Fordham University School of Law. While in law school, he was a student attorney at the university’s tax clinic. Honored for his exceptional legal services, Mr. Goldburd has been selected to be listed in the Top 40 Under 40 Tax Lawyers in the state of New York by the American Society of Legal Advocates.

With memberships in the American Bar Association, the New York County Lawyers Association and the New York State Bar Association, Mr. Goldburd is actively involved in the legal field. Admitted to practice in the state of New York, he is also licensed to practice before the Supreme Court of New York, the Supreme Court of New Jersey, the U.S. Tax Court, the U.S. Court of Appeals for the 2nd Circuit, the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York.

Practice Area
Tax Law
Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
New York
New York State Office of Court Administration
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  • English: Spoken, Written
Professional Experience
Goldburd McCone
- Current
Goldburd Brothers
Managing Director
Goldburd Financial Services LLC
Legal Intern
Lincoln Square Legal Services, Inc.
City University of New York - Brooklyn College
B.S. | Accounting
Honors: Magna Cum Laude
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Fordham University School of Law
Fordham University School of Law Logo
Rising Stars
Super Lawyers
Rising Stars
Super Lawyers
Top 40 Under 40 Tax Lawyers in the State of New York
American Society of Legal Advocates (ASLA)
Top 40 Under 40 Tax Lawyers in the State of New York
American Society of Legal Advocates (ASLA)
Top 40 Under 40 Tax Lawyers in the State of New York
American Society of Legal Advocates (ASLA)
Professional Associations
State Bar of New York
- Current
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American Bar Association
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Tax Court
Supreme Court of New Jersey
Supreme Court of New York
New York State Bar Association
New York County Lawyers Association
Websites & Blogs
Goldburd McCone, LLP
Legal Answers
3 Questions Answered
Q. A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe
A: Unless you are a minor, or under some sort of protective order, the duty to file taxes is on each individual themselves. Staying in compliance is the most important part of this situation. Filing an extension and paying what you owe in the current year is a good start and hiring a tax professional to clean up the previous years is an even better one. Once filed and back taxes (penalties and interest) are calculated you can either negotiate into a payment plan with the IRS/State and/or an offer in compromise to lower the balance. If there was a real responsibility of the family member to file on your behalf you may be entitled to penalty abatement. Hire a tax professional ASAP. Regarding the home, there is nothing to protect, moving your assets when you owe taxes is futile at this point as the IRS can claw it back as it was only done to shield from the tax as a probable fraudulent conveyance. ... Read More
Q. What is "NJ-sourced income"? Income from NJ companies? Income earned when I am physically in NJ, regardless of employer?
A: New Jersey Sourced income is such that is earned or from a source in the State of New Jersey (working in the State, making sales inside the State, or the sale of property in the State to name a few). Your question requires more facts. The likelihood is if there is any sourced income in NJ it would first be a question for your Employer to answer whether they have sufficient Nexus in the State. If you are simply employed by another company and do not actually sell or receive income from the state then the likelihood of NJ-sourced income would be low. However more information is required regarding the frequency of the visits, what is being done/earned in the state as well as the Employer’s N exus. ... Read More
Q. Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?
A: There are ways to avoid or reduce your capital gains from the sale of land. Commonly accepted methods are transactions involving a 1031 Exchange or investing the gain in Opportunity Zones. With a 1031 Exchange, you must use a Qualified Intermediary which holds the sale proceeds of the land, and then have the same “QI” purchase new land on your behalf with those proceeds. This allows for a no-tax event. However, if you only use 75% of the land proceeds the non-exchanged amount would be taxable. With an Opportunity Zone investment, you only need to invest the profit of the transaction, not the entire proceeds. With a “QOZ” you invest in a specific area designated Zones for this program, and this allows you to defer the tax you owe on the transaction for a number of years, you get a percentage deduction against the amount of tax you owe and then the subsequent sale of the QOZ investment can be tax-free. Be wary of States that do not conform to the Federal rules though, such as New York. The 25% that you did not invest would be taxable in the year earned ... Read More
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Monday: 9:30 AM - 5:30 PM
Tuesday: 9:30 AM - 5:30 PM
Wednesday: 9:30 PM - 5:30 PM
Thursday: 9:30 AM - 5:30 PM
Friday: 9:30 AM - 5:30 PM (Today)
Saturday: Closed
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