David S. Lionberger's photo

David S. Lionberger

(804) 771-9543 phone
(804) 644-0957 fax


Download vCard   Print Bio

Practice Areas

David Lionberger is a partner in Hirschler Fleischer's business section, where his practice focuses on taxation and business planning, tax credit transactions, trusts and estates, and mergers and acquisitions. David represents clients ranging from family and closely-held growth and middle market companies to regional and multi-national businesses, focusing on privately-held companies. Specific areas of his practice include real estate tax and credit transactions (including a specialty in structuring historic, new-markets, conservation and low-income housing credit partnerships and transactions), representation of clients before federal, state and local tax authorities, mergers and acquisitions, business succession and planning including executive compensation planning, and trust and estate planning.

Examples of matters recently handled by David include: assistance to clients to secure historic and low-income housing tax credits and preparation of partnership documents for syndication of such credits to third parties; specializing since 2001 in the negotiation and preparation of numerous separate conservation easements and restricted deeds qualifying for charitable deduction and tax credits, including preparation and documentation for the transfer of such credits; negotiation, preparation and closing on sales and acquisitions of various technology, service, real estate development and construction, and manufacturing businesses; counseling and preparation of estate and succession plans for closely-held businesses and family assets; counseling and assistance with trust and estate planning including formation of family limited liability companies. Prior to joining Hirschler Fleischer, David served as law clerk for the Hon. William C. Koch, Jr. of the Court of Appeals for the State of Tennessee.

Relevant Experience:

  • Successful negotiation, preparation and closing of real estate tax and credit transactions (including structuring partnership and investment documents for historic, new-markets and low-income housing credit partnerships and transactions).
  • Negotiation, preparation and recording of numerous conservation easements, restricted deeds and other transactions to conserve real property and generate federal, state and local tax deductions, credits and benefits for landowners, including assistance with the sale and transfer of tax credits generated.
  • Counseling and preparation of estate and succession plans for closely-held businesses and business owners, executives and professionals.
  • Assistance with capitalization and financing arrangements for various business clients.
  • Negotiation, preparation and closing on sales and acquisitions of various technology, service, real estate development and construction, and manufacturing businesses.
  • Prepared and reviewed numerous nonqualified deferred compensation arrangements including focusing on compliance of arrangements with requirements of Section 409A and other provisions of the Internal Revenue Code.
  • Successful preparation and handling disputes and appeals of federal, state and local taxes with various governmental agencies within and without Virginia.


  • New York University, LL.M. (Masters Degree in Law), 1997
  • Washington and Lee University, J.D., cum laude, 1993
  • University of Virginia, B.A.

Published Works/Speaking Engagements:

  • Articles:
    • New Market Tax Credits Overview
    • Conservation Easements, Deductions and Credits: An Overview
    • Historic Tax Credits and Enterprise Zone Grant Benefits
    • Credits for Real Estate Owners and Developers
    • Tax Credits and Grants Available with respect to Real Estate Transactions
    • Summary of Selected Incentives for Real Estate Development
    • Tax Advantages and Considerations in Using LLCs
    • 409A Changes to Nonqualified Deferred Compensation Plans
    • Charitable Deductions in Connection with Volunteer Activities
    • Other Aspects of 1031 Exchanges: Reverse Exchanges, TIC Exchanges and Exchanges Involving Related Parties
    • IRS Announces Changes in Treatment of Split-Dollar Insurance
    • Dental Practice Owners Allowed to Protect Assets Using Retirement Plan
    • Choice of Entity Overview for Dental Practices: Proprietorship, LLC, Partnership or Corporation?
  • Speaking Engagements:
    • Forestry land, family and business planning issues, succession issues and preservation issues for Virginia landowners — Virginia Department of Forestry
    • State and Local Tax Roundtable — Virginia Bar Assocation
    • Virginia Sales and Use Tax for Manufacturers
    • Advanced Sales and Use Taxes
    • Multistate Taxation
    • Annual Meeting — Virginia Dental Association

Pro Bono/Community Service:

  • Special Olympics Summer Games and Golf Classic (Committee Member)
  • Conner's Heroes Foundation (Board of Directors)
  • University of Virginia Alumni Association - Richmond Chapter (Board of Directors)
  • University of Virginia Virginia's Athletics Foundation, Richmond Chapter (past Board Member)
  • Washington & Lee Alumni Association - Richmond Chapter (past Director, President, Vice President, Secretary and Treasurer)
  • Richmond Kiwanis Club, Kanawha Chapter (past President, past Board Member)


  • Selected for inclusion as a “Super Lawyer,” Tax, Virginia Super Lawyers, Thomson Reuters, 2012-2014
  • Named to "Legal Elite" (Taxes/Estates/Trusts/Elder Law), Virginia Business, 2007-2008, 2010-2011, 2013-2014, 2016-2017
  • Selected for inclusion as a “Rising Star,” Virginia Super Lawyers, Thomson Reuters, 2007-2008


  • Virginia Bar Association (Member, Business Law, Taxation and Trusts and Estates Sections; Committee Member, Tax Section)
  • Virginia State Bar (Board of Governors, Taxation Section; Chair 2008-2009) (Member, Business Law, Taxation and Trusts and Estates Sections)
  • Tennessee Bar Association (Member, Taxation Section)
  • American Bar Association (Member, Taxation Section, Entertainment Section)
  • Richmond Bar Association
  • Greater Richmond Intellectual Property Association

Bar Admission:

  • Tennessee
  • Virginia
  • U.S. District Court
  • Middle District of Tennessee
  • U.S. Tax Court
  • U.S. Supreme Court