Mark maintains an interesting and diverse legal practice that has evolved over his 30-year legal career. He practices in the transactional areas of trusts, estates planning and probate; real estate and lending; general taxation; and business and corporate representation.
Trusts, Estate Planning & Probate. Mark helps individuals and business owners with simple and complex estate planning, charitable giving, probate and other related issues. For individuals, Mark prepares robust wills and trusts, ensuring their medical and financial powers of attorney and living wills are in order. He assists clients in developing and implementing sophisticated estate, gift and generation-skipping tax planning strategies. This includes the preparation of Wills and the establishment and management of trusts, such as revocable and irrevocable trusts and Insurance Trusts (ILITs). Mark also advises clients on all types of lifetime gifting and estate tax transfer transactions including: grantor retained annuity trusts (GRATs); personal resident trusts (QPRTs); charitable lead and remainder trusts; sales to defective grantor trusts; and formation of family limited liability companies and partnerships. Mark handles the probate process of estates in Colorado, guiding personal representatives and trustees through the process in a cost-effective manner.
Mark has a great deal of experience working with business owners in their succession planning. He helps family-owned business owners work through the critical issues they face when selling their company or transitioning the operations to another member of the family. Mark helps his clients plan for these eventualities in the most tax-efficient manner.
Real Estate & Lending. Mark represents clients in the acquisition and sale of both developed and raw land and in the redevelopment of commercial property and multi-family housing projects. He also has experience with negotiating conservation easements. For land previously considered ‘blighted,’ Mark helps his clients obtain tax increment financing. His experience representing both developers and the Denver Urban Renewal Authority in these matters allows Mark to work successfully on behalf of his clients. A few of these developments include The Lowry Hanger No. 2, Broadway Marketplace, the Denver Dry Goods Building and the downtown Tattered Cover Building. On the lending side of real estate, Mark acts as local counsel, reviewing loan documentation and providing loan enforceability opinions.
Mark’s work in this area includes:
- Representing a REIT in the sale of more than $200 million of big box retail shopping centers.
- Representing the developer of the largest affordable-housing project constructed in Pitkin County, Colorado, consisting of both rental and for-sale housing.
- Negotiating on behalf of the Winter Park Ski Area, a luxury ski park located northwest of Denver, in the acquisition of base area land from the U.S. Forest Service.
- Representing a REIT in the development of regional shopping centers.
- Representing a Japanese coal mining company in a joint venture with a U.S. group, including acquisition and sale of a coal mining properties in Colorado.
- Representing a publicly-traded company in the acquisition of a directory printing and boxing business.
- Negotiating the restructuring and write-down of a HUD Section 8 loan with FHA, for a local low-income housing project and career development program for unwed mothers.
- Serving as local counsel for $50-$500 million syndicated loans led by Citibank, Union Bank and others.
General Taxation. Whenever money or assets change hands, there are tax implications to be considered. Mark represents both individuals and companies in a variety of tax issues. For example, with individuals, Mark helps his clients structure their charitable giving to be tax efficient. For companies and individuals, Mark provides guidance, for example, on cancellation of debt income issues, all facets of partnership and S Corporation taxation and cross-border transactions.
Business & Corporate. In his corporate practice, Mark is experienced in setting up entities for individuals acquiring or developing real estate with co-investors. This involves preparing operating and partnership agreements for the formation of entities, including LLC’s and tax partnerships, and working with securities counsel on syndications and disclosure statements.
- University of Denver College of Law, Adjunct Professor of Law, 1995-2000
- CLE International, 1997-2001
- Lorman Educational Service, 1997-2001
- Rocky Mountain Land Institute, 1997-2001
- George Washington High School, International Baccalaureate Program, 2003
- Rocky Mountain Hebrew Academy, 2004
"Potential Limitations on Gift Tax Strategies Coming Soon," Ryley Carlock & Applewhite Client Alert, August 2015
"Protect Your Estate from Beneficiary Bankruptcy: Lessons from Clark v. Rameker," Ryley Carlock & Applewhite, September 2014
"Caution Required When Creating Self-Directed IRA's," Ryley Carlock & Applewhite Client Alert, July 2014
"Self-Directed IRA's: Caution Required," Ryley Carlock & Applewhite Client Alert, July 2013
"Estate and Gift Tax Law Changes and Opportunities," Ryley Carlock & Applewhite Article, September 2011
Mark is actively involved in the community, having volunteered for Allied Jewish Federation of Colorado (now known as JEWISHColorado), the Colorado Agency for Jewish Education, and the Rocky Mountain Chapter of the Anti-Defamation League. He is a past president of the BMH-BJ Synagogue, and currently the president of the Rocky Mountain Jewish Historical Society.
Additional professional and community involvement includes:
- Colorado Bar Association Real Estate Section Council, 2008-2011
- Colorado Bar Association Ethics Committee, 1989-2001
- Colorado Bar Association Ad Hoc Partnership Laws Committee, 1994-1997
- Tenth Circuit Court of Appeals, Clerk to the Hon. William E. Doyle, 1981-1982
- A+ Angels East High School Mentors Program
- Fitzsimons Boundary Redevelopment Blue Ribbon Panel, 1997
- University of Denver Alumni Council, Past Chairman
In 2013, Mark was named a "Top Rated Lawyer" in the area of Trust & Estates by American Lawyer Media and Martindale-Hubbell.