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S. Shawn Whitney

Partner

Spencer Fane attorney S. Shawn Whitney

T 417.888.1015 / 816.292.8269
F 417.881.8035
swhitney@spencerfane.com


Shawn is the Co-Chair of the firm’s Real Estate group and also chairs Spencer Fane’s Tax Credits, Housing, and Development Incentives team. He is focused on structuring low-income housing, historic rehabilitation, and new markets tax credit transactions for developers, investors, syndicators, and lenders.

His primary practice focus is representing developers, lenders, QALICB’s, and tax credit syndicators/investors on the adaptive reuse of historic buildings utilizing state and federal tax credit programs along with other incentives such as tax abatements/exemptions, TIF, and other development incentives.

Whitney has extensive experience dealing with state tax credit issues and twinned projects. He also closes both 4% and 9% low income housing tax credit projects. Many of his deals require him to work with clients to layer HOME funds, non-profit grants, and NMTC leverage loans into tax credit projects. Often his projects utilize HUD 221(d)(4) construction loans as well as HUD 223(f) refinancing.

As well as his focus on the development side of tax credit projects, he regularly represents federal tax credits syndicators/investors with (i) acquisition and disposition of projects subject to LIHTC land use restriction agreements; and (ii) general partner removal issues. Whitney and his team also represent clients on the acquisition and disposition of large multifamily complexes throughout the country. Whitney also has extensive experience with the development of student and senior housing.

Relevant Experience:

  • Represented QALICB on adaptive reuse of large middle school building into nation’s largest business incubation space utilizing New Market Tax Credits and state and federal historic tax credits.
  • Represented developer on adaptive reuse of historic building using 4% tax exempt bond financing, HOME funds, state and federal Historic Tax Credits, and brownfield grant.
  • Represented developer on adaptive reuse of historic school building using New Market Tax Credits, State and Federal Historic Tax Credits, and affiliated leverage loan structure into state university class room, housing, and business incubation space.

  • Represents historic tax credit syndicator on investments into historic rehabilitation projects in multiple states. This representation includes drafting of all germane equity documents arising out of the admission of the fund into the project’s ownership structure and due diligence review.
  • Regularly represents lenders in historic bridge loan transactions.

To view Shawn’s additional representative experience, please click here.

Speaking Engagements

Memberships

  • American Bar Association
  • The Missouri Bar
  • Springfield Metropolitan Bar Association

Civic Involvement

  • Missouri Preservation, Board of Directors, 2010-Present
  • Downtown YMCA, Springfield, Mo., Board of Directors

Contact Shawn Whitney at 417.888.1015 or swhitney@spencerfane.com.