Barclay Damon
Barclay Damon

Raymond N. McCabe

Raymond N. McCabe

Partner

p: 716.566.1408

f: 716.566.4013

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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Ray McCabe focuses his practice on employee benefit law (ERISA), not-for-profit corporation law and federal, state, and international taxation. Ray counsels large and small businesses, not-for-profit corporations, and municipal governments on ERISA and tax matters. He also has substantial experience in corporate transactions, including reorganizations, mergers, and affiliations of both for-profit and not-for-profit entities. Ray serves as benefits counsel to for-profit and charitable organizations and as corporate governance counsel to not-for-profit corporations and foundations. Ray’s practice is enriched by his prior work experience in the Internal Revenue Service's Chief Counsel’s office and his experience as a board member and board chair of various Western New York charities.

Ray frequently publishes and speaks to various legal communities on a wide array of tax and health care reform topics.

Representative Experience

  • Represented a community hospital in the negotiation of affiliation with a large regional medical system.
  • Negotiated a settlement with the US Department of Labor and Internal Revenue Service, restoring benefits to participants in a not-for-profit human resource agency’s pension plan and preserving tax-qualified status.
  • Preserved the tax qualification of an Employee Stock Ownership Plan that did not have proper plan document by negotiating the closing agreement with the IRS.
  • Facilitated a medical center's RFP process to secure a strategic partner to ensure the long-term economic viability of the programs at the center. Negotiated and closed an acquisition agreement with a strategic partner at a university medical center. Obtained required approvals from the Department of Health and New York Attorney General.
  • Coordinated and obtained judicial approval of the transfer of a medical facility with continuation of the transferor’s corporate enterprise and pension plan. 
  • Negotiated a settlement with the IRS of tax liability of a not-for-profit corporation in connection with the acquisition by another not-for-profit entity. 
  • Negotiated a settlement of ERISA issues with the USDOL of a not-for-profit corporation in connection with the takeover of programming by a successor charity. 
  • Counseled charitable foundations regarding the use of restricted and unrestricted gifts and the disposition of assets upon dissolution.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., 1983
  • State University of New York at Fredonia, B.A., 1979

Admitted To Practice

  • New York, 1984
  • U.S. Tax Court
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 5th Circuit

Memberships & Affiliations

  • American Bar Association 
  • New York State Bar Association

Civic Activities

  • Buffalo Legacy Project, President 

Speaking & Publications

  • "The Use of Corporate Affiliates and Independent Sales Representatives to Enter the United States Market," Ontario Ministry of Agriculture, Food and Rural Affairs, May 31, 2016
  • "US/Canada Cross-Border Issues," The Law Society of Upper Canada Estate and Trusts Summit, October 8, 2015
  • "Executive Compensation After the New York Nonprofit Revitalization Act of 2013," Goodwill Industries Board Retreat, February 2014. 
  • "The Affordable Care Act: The Employer Mandate and Other Considerations," Buffalo Tax Institute, November 2013
  • "Dealing With Your Client’s Retirement Assets," New York State Bar Association CLE, May 2012
  • "IRS Explains How to Compute Payment Under Voluntary Classification Settlement Program," October 2011
  • "Health Care Reform: IRS Floats Proposals to Administer Employer Mandate to Provide Coverage," June 2011 
  • "Next Wave of Health Care Reform Act Takes Effect September 23," September 2010 
  • "Health Care Reform Brings Immediate Changes for Employers Now, Bigger Changes Later," March 2010 
  • "February 17 Deadline Looms for COBRA Subsidy Extension Notice," February 2010 
  • "Health Care Reform: A Status Report As of November 2011," 58th Annual Buffalo Tax Institute, November 2011 
  • "Health Care Reform: An Overview," 57th Annual Buffalo Tax Institute, November 2010 
  • "Employee Benefits in Rapidly Changing Times," 56th Annual Buffalo Tax Institute, November 2009 
  • "Pension Potpourri," 55th Annual Buffalo Tax Institute, November 2008

Honors

  • New York State Bar Association President’s Pro Bono Service Award, Eighth Judicial District, 2016
  • Super Lawyers: Tax, 2012
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner

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