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Education

  • LL.M., Boston University School of Law, 1980
  • J.D., Washburn University School of Law, 1979
  • B.S., Central Michigan University, 1974

Bar Admissions

  • New Jersey
  • Kansas

Memberships & Affiliations

American Bar Association 

New Jersey State Bar Association

National Association of Bond Lawyers

Gary L. Duescher

  • |
Partner
  • T: 973.639.7912
    F: 973.297.3866
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Gary Duescher has served as tax counsel for public finance transactions for over 30 years, concentrating primarily on financings for educational institutions and both acute and sub acute health care facilities. He has provided tax advice as bond counsel, underwriter’s counsel, borrower’s counsel and special tax counsel on transactions in New Jersey, Massachusetts, Pennsylvania and Arizona. Gary has over 25 years experience in all aspects of a Section 103 tax practice, including complex advance refundings involving transferred proceeds, interest rate swaps, including termination of swaps, use of proceeds limits for tax-exempt and private activity limits.

Gary joined the Firm in 1986 and was named a partner in 1996. Prior to joining the Firm, Gary work for five years in the Internal Revenue Service in the Office of Chief Counsel Technical. During his tenure with the Internal Revenue Service he primarily worked in the tax exempt bond branch, where he was responsible for evaluating proposed or existing bond financings and drafting private letter rulings and technical advice memoranda with respect to those transactions.

During his tenure with the Firm Gary has served as the tax counsel for several billion dollars of financings, including over one hundred issues for the benefit of educational institutions totaling more than four billion dollars. In addition to his roll as bond counsel, Gary currently provides federal tax advise to colleges, universities and secondary schools regarding their tax exempt financings and their operations as tax exempt organization. He also has served as tax counsel for over a billion dollars of acute and sub acute healthcare financings and currently serves as tax counsel for sub acute care financings and as tax counsel to many of the acute care organizations in New Jersey.

Gary has served as tax counsel to the New Jersey Environmental Infrastructure Trust since 1996 rendering the tax opinions for over forty pool financings by the Trust, totaling over two billion dollars in bonds, which have been issued for hundreds of wastewater and sewerage treatment facilities and drinking water facilities benefiting a wide variety of program borrowers throughout New Jersey. He also has extensive experience as tax counsel on major exempt facility financings of airport projects for airlines operating at Newark Liberty International Airport and for operators of port facilities located at the Port Newark container terminal.

In recent years, an increasing portion of Gary’s practice has been devoted to representing issuers and conduit borrowers on Internal Revenue Service audits of bond financings and other post issuance compliance matters. These audit representations range from straightforward fact gathering audits to extraordinarily complex audits of bond financings relating to secondary market derivative transactions which impact tax exempt bonds. His post issuance compliance practice ranges from simple preparation of appropriate post issuance compliance procedures for issuers and borrowers to the review of Form 990 for tax exempt organizations and rendering advice regarding unrelated trade or business use by tax exempt organizations.

Gary has spoken on post issuance compliance before the Eastern Association of College and University Business Officers and has been a panelist on private business use and arbitrage for the annual conference of the National Association of Bond Lawyers.