Professional Background

Ms. Cunningham handles a wide array of tax issues for a broad spectrum of clients, from highly sophisticated international investment funds to family-owned businesses, to local schools and religious organizations.  She has practiced in all areas of business tax law, from C-corporations to partnership taxation, from public and private M&A transactions, from tax exempt entities to multi-state tax planning.  She has particular experience and expertise in like-kind exchanges and taxation of real estate investments.
Prior to her legal career, Ms. Cunningham was educated as a computer scientist and worked for a number of years as an engineer in telecommunications security. She continues to apply the same engineering-based, practical, and results-oriented approach to client problems, for which she has received specific praise from clients.

Honors, Awards, and Distinctions:

• Super Lawyers Rising Stars (2016, 2017)
• D Magazine Best Lawyers in Dallas, Tax: General (2015)
• Member, The College of the State Bar of Texas (2014-present)
• Co-Chair, Dallas Association of Young Lawyers Finance Committee (2014-present)
• Sustaining Life Fellow, Dallas Association of Young Lawyers Foundation (2013-present)
• Member, inaugural class of the State Bar of Texas Tax Section Leadership Academy (2012)
• Co-Chair, Dallas Association of Young Lawyers Solo and Small Firm Committee (2012 and 2013)

Education:

• LL.M. in Taxation from New York University School of Law, May 2007
• J.D. with Honors from the University of Texas School of Law, May 2006
• B.S. cum laude in Computer Science and Math from the Vanderbilt University School of Engineering, May 2000

Admissions:

• Texas, November 2006
• United States Tax Court, February 2013

Representative Transactions

Executed numerous transactions involving changes in the ownership or division of an exchanging entity during the like kind exchange process, including “PIN,” “drop-and-swap,” “synthetic drop-and-swap,” and “TIC” transactions. 

Managed multiple like-kind exchanges for each of 15 members of an extended family group, all starting with the sale to a single buyer of family-owned assets held by the family through a variety of structures including a Delaware statutory trust (“DST”) formed for the purpose.

Structured a series of interrelated like kind exchanges in which the sponsor of a real estate development project used the proceeds of the sale of segments of the project to specialized developers to fund the further development of the long-duration leasing parts of the project.

Structured and formed multiple private equity and real estate investment fund vehicles with a variety of investor types with differing tax needs.

Structured and assisted in the execution of multiple private equity acquisitions in the oilfield services space and subsequently assisted in additional capital raises and ultimately the restructuring of those companies following the downturn in that industry.

Advised multiple start-up businesses with respect to the structuring and formation of nontraditional technology startups including “VC” preferred structures as well as nontraditional approaches.

Advised and executed the restructuring of a multi-location medical practice to provide for a succession plan including adding new doctors to the practice while providing equity interests and roles for the founder’s decedents, both with and without licenses to practice medicine.

Advised client on the dismantling of a tax shelter abandoned by its creator after the structure in question was discovered to be a “listed transaction” and the counsel that designed it was unwilling to issue an opinion of counsel protecting the client from potential tax penalties.

Participated in pretrial mediation and structured settlement of business dispute to provide for the division of the business between its two feuding co-founders with a minimum of resulting tax costs to maximize after-tax assets available to be divided.

Presentations and Publications:

Jeremiah Long Memorial 30th Annual National Conference on Like-Kind Exchanges (October 29-30, 2026):

• Panelist, Annual Review of Ethical Issues for QIs and Advisors in Exchanges

• Panelist, The Business and Technical Aspects of TIC and DST Structures

• Panelist, Special Issues with Ranch and Agricultural Property Exchanges

Panelist, Who’s Practicing Law Here? A Discussion about AI, Nonlawyer Advice, and the Lawyer’s Changing Role in an Automated World, ABA Tax Section 2026 Fall Meeting, Sales, Exchanges & Basis Committee Program (October 6, 2026)

Panelist, Thorny Issues, Federation of Exchange Accommodators 2026 Annual Conference (September 16, 2026)

NYU Like-Kind Exchanges Conference 2026 (July 30-31, 2026):

• Panelist, Partnership Divisions

• Panelist, Credit Net Lease Property, DSTs, TICs & Contributions to REIT OPs

Panelist, Beyond Traditional Real Estate Investments in 1031 Exchanges - The Bold New World of Alternative “Like-Kind” Investments, ABA Tax Section 2026 May Meeting, Sales, Exchanges & Basis Committee Program (May 9, 2026).

Jeremiah Long Memorial 29th Annual National Conference on Like-Kind Exchanges (October 23-24, 2025):

• Panelist, DSTs and 1031, Including 1031/721 Transactions Involving REITs

• Panelist, Issues Created by Debt Financing in an Exchange

• Panelist, Review of State Audit and Regulatory Activity

Panelist, Tax Relief After the Storm: Navigating IRC §1033 (Involuntary Conversions) and the Interplay with IRC §1031 (Like-Kind Exchanges) Following Natural Disasters, ABA Tax Section 2025 Fall Meeting, Sales, Exchanges & Basis Committee Program (October 21, 2025)

Speaker, Introduction to Section 1031 and its Techniques, State Bar Tax Section Leadership Academy (September 19, 2025)

Federation of Exchange Accommodators 2025 Annual Conference (September 15-17, 2025):

• Panelist, Thorny Issues

• Panelist, Oil & Gas & 1031

NYU Like-Kind Exchanges Conference 2025 (July 24-25, 2025):

• Panelist, Credit Net Lease Property, DSTs, TICs & Contributions to REIT OPs

• Panelist, Partnership Divisions

Panelist, Common Transactional Issues In 1031 Exchanges, 41st Annual Texas Federal Tax Institute (June 6, 2025)

Panelist, Advanced Section 1031 Exchanges Part 1 and Part 2, Los Angeles County Bar Association webinar (March 11 & 26, 2024)

Speaker, Synthetic Drop and Swaps: The Bleeding Edge of Section 1031 Reprised, Federation of Exchange Accommodators webinar (December 11, 2024)

Speaker, Like-Kind Exchange Overview, Portland Tax Forum (December 5, 2024)

Jeremiah Long Memorial 28th Annual National Conference on Like-Kind Exchanges (October 24-25, 2024):

• Panelist, Crypto, Tokenization & Section 1031

• Panelist, 1031(f) Conundra: Who is Related, When is Tax Avoidance Avoided?

• Panelist, The Corporate Transparency Act and Section 1031

ABA Tax Section 2024 Fall Meeting (September 25-27, 2024):

• Panelist, Like-Kind Exchange Basics and Transactions Involving Partnerships, Real Estate Committee Program

• Moderator, The Growth Factor, Sales, Exchanges & Basis Committee Program

Federation of Exchange Accommodators 2024 Annual Conference (September 16-17, 2024):

• Speaker, Synthetic Drop and Swaps: The Bleeding Edge of Section 1031

• Speaker, 1031 in Foreclosures: Making the Best of a Bad Situation

NYU Like-Kind Exchanges Conference 2024 (July 25, 2024):

• Panelist, Credit Net Lease Property, DSTs & TICs

• Panelist, Partnership Divisions Speaker, FinCEN Beneficial Ownership Reports and How They Interact with Like-Kind Exchanges, Federation of Exchange Accommodators webinar (May 8, 2024)

Speaker, 1031 Current Events, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2024 May Meeting (May 4, 2024)

Jeremiah Long Memorial 27th Annual National Conference on Like-Kind Exchanges (October 26-27, 2023):

• Panelist, Oil & Gas Exchanges; Tales from the Oil Patch

• Panelist, Installment Sales and 1031: Techniques for Parsing IRC 453(f)(6)

Panelist, Annual Review of State Law Issues Affecting Exchanges Panelist, 1031 in a Difficult Market, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2023 Fall Meeting (October 18, 2023)

Panelist, A Deep Dive Into Synthetic Drop-and-Swaps, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2023 May Meeting (May 6, 2023)

Speaker, Drops-and-Swaps, Federation of Exchange Accommodators webinar (March 15, 2023)

Panelist, Hashing Out the Tax Treatment of Cannabis Businesses, ABA Tax Section 2023 Midyear Meeting (February 11, 2023

Jeremiah Long Memorial 26th Annual National Conference on Like-Kind Exchanges (October 27-28, 2022):

• Panelist, Select Partnership LKE Issues: Synthetic Drops & Swaps, Structuring Swaps & Drops

• Panelist, Tax and Practical Aspects of DSTs and TICs as Replacement Property

Panelist, Open Questions in Like-Kind Exchanges Involving Intangible Real Property, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2022 Fall Meeting (October 15, 2022)

Panelist, Synthetic Drop and Swaps: The Bleeding Edge of Section 1031, 38th Annual Texas Federal Tax Institute (June 10, 2022)

Panelist, Fun with Magic Internet Money (and Other Digital Assets)!, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2022 Midyear Meeting (February 2, 2022)

Panelist, Deeper into the Land of Oz: Beyond the Basics of Qualified Opportunity Zone Investments, Texas Tax Section webinar (September 29, 2021)

Panelist, Advice from the Like-Kind Trenches, Texas Society of CPAs CPE EXPO 2021 (December 14, 2021)

Speaker, Opportunities in the Zones: Tax Benefits of 1400Z-2 from Qualified Opportunity Zones, Texas Society of CPAs CPE EXPO 2020 (December 15, 2020)

Panelist, SEB in the Age of COVID-19, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2020 May Meeting makeup (July 8, 2020)

Panelist, Watts This? Does No Good Deed Go Unpunished?, Sales, Exchanges & Basis Committee Program, ABA Tax Section 2020 Midyear Meeting (February 1, 2020)

Panelist, Qualified Opportunity Zones, UTLawCLE 28th Annual LLCs, LPs and Partnerships (July 18, 2019)

Legal Technology on the Cheap Cost Effective, DAYL Solo and Small Firm Summit, April 9, 2016

Tax Considerations 101: The Theory and Art of Transactional Tax Planning, 7th Annual Essentials of Business Law (TexasBarCLE) March 3, 2016

Taxation of Partnerships, S Corporations, and Limited Liability Companies, Small Business Tax Update (Foxmoor Continuing Education) December 12, 2014

Drafting of Cash Distribution and Tax Allocation Provisions, LLCs, LPs and Partnerships (UT Law CLE), July 11, 2013

Tax Structuring for Small Firms, Dallas Bar Association Solo & Small Firm Section, July 10, 2013

Moderator, Dallas Association of Young Lawyers Solo and Small Firm Committee Start-Your-Own-Law-Firm series, June 20, 2012

Panelist, Office Infrastructure, Dallas Association of Young Lawyers Solo and Small Firm Committee Start-Your-Own-Law-Firm series, April 10, 2012

The 2011 Offshore Voluntary Disclosure Initiative, April 13, 2011

Year-End Tax Planning-There is Still Time to Get What You Want, December 10, 2010