Welcome to DUGGAN BERTSCH, LLC — A law firm dedicated to thoughtful, innovative and uncompromising legal representation for the Private Client.

The needs of the private client are both pointed and diverse. While you require the advanced skills of a specialist, you also have diverse needs that must be understood and integrated by your lawyer. With its broad base of multi-degreed, multi-disciplinary attorneys, DUGGAN BERTSCH is uniquely positioned in the legal space to best serve the needs of Private Clients.

We look forward to showing you the DUGGAN BERTSCH difference.

 

News From DUGGAN BERTSCH

It’s Back to School Time – Is your Student Ready?

As a new school year is beginning, you may be, like many families, embarking on a new chapter and preparing to send a child to college.  With all of the excitement and emotion surrounding this transition, it’s easy to overlook that your college student is also entering legal adulthood.  While we know that your child will still be emotionally and financially dependent on you (at least a while longer), in most states the age of majority is 18.  Click to Continue Reading

James M. Duggan Speaks on Pre-Sale Planning at Agent Summit 2018

On Monday, May 21st, Jim Duggan spoke at Agent Summit 2018 in Las Vegas.  During his presentation, he emphasized that proper exit planning involves steps to maximize value, ensure privacy, achieve asset protection, minimize income and estate taxes, and guarantee a proper succession of the business.  Click here if you would like a copy of the presentation.

TONI! TONI! TONI! – Has Done It Again…

After repeated attempts, in multiple courts, in different states, the Toni 1 Trust has lost again – this time, in the Supreme Court of Alaska.

The recent and final version of Toni 1 Trust v. Wacker is an unsurprising, but long-awaited, declaration of the statutory vulnerability of Domestic Asset Protection Trusts (“DAPTs”).

To be clear, the facts are bad and the result should be fairly obvious. At the same time, the outcome of the case should not be construed as the death knell of the DAPT. DAPTs can work. They can also fail. Toni 1 Trust v. Wacker provides more certainty in the areas where we expected them to fail.

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State and Local Tax Quarterly Update

Will Physical Presence Remain The Determinative Factor Or Will Quill Be Overturned?

Since 1992, the states have operated based upon the reasoning of Quill Corporation v. North Dakota, 504 U.S. 298 (1992) which established that a state could not require a retailer to collect sales tax unless... Click HERE to continue reading!

Illinois Supreme Court Provides Guidance With Regards To Classification Of A Retailer Under The Retailers’ Occupation Tax Act (“ROTA”).

Citibank N.A. claimed a refund of approximately $1.6 million in sales tax resulting from bad credit card debt for accounts financed by the bank.  On November 30, 2017, the Illinois Supreme Court ruled unanimously that... Click HERE to continue reading!

Compressed Natural Gas not subject to the Motor Fuel Tax Law According to First District, (at least for certain tax periods).

The Illinois Appellate Court, First District, reversed a granting of summary judgment by the Illinois Independent Tax Tribunal that determined the Motor Fuel Tax Law did not impose a tax on compressed natural gas.  The decision hinged upon... Click HERE to continue reading!