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- Newsgroups: misc.invest
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!cbnews!ask
- From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
- Subject: Re: Inheritance forthcoming...advice sought
- Organization: AT&T Bell Laboratories, Columbus, Ohio
- Distribution: usa
- Date: Thu, 19 Nov 1992 21:58:44 GMT
- Message-ID: <1992Nov19.215844.6647@cbnews.cb.att.com>
- Keywords: Loop Holes - NOT
- References: <1992Nov16.180359.26038@microsoft.com> <BxvCuL.3y5@news.cso.uiuc.edu> <1992Nov18.212338.27705@ferrari.nmc.ed.ray.com>
- Lines: 64
-
- In article <1992Nov18.212338.27705@ferrari.nmc.ed.ray.com> smiles@NMC.ED.RAY.COM (Kevin Ruddy) writes:
- >In article <BxvCuL.3y5@news.cso.uiuc.edu> acheng@ncsa.uiuc.edu (Albert Cheng) writes:
- >>What is stopping people from forming a "gift-swap-club" (read tax evasion
- >>joint)? Say the club has 10 members. All of them want to gift their
- >>one kid $100K this year. Here is scheme:
- >> Each member gifts his/her kid $10K;
- >> Each member gifts the other nine members $10K each;
- >> Each member then gifts $10K to every other members' kids.
- >>
- >>$100K from each member channeled to his/her kid tax free. Any problem
- >>besides upsetting IRS?
- >
- >Yeah. Try and pry the money out of your fellow clubmembers' hands after
- >they've got it!
- >
- >Actually, this could be done with third-party involvement; some kind of
- >escrow would be in order. But if the reason for this is to sidestep an
- >inheritance -- which assumes that the person with the money will die in the
- >relatively near-term -- these clubs wouldn't last very long! Members who
- >recently joined would be leaving just as quickly. The club's membership
- >would be very hard to maintain, it would seem.
-
- Besides, it's clearly going to get you into serious trouble. Can
- you spell felony?
-
- It is the difference between tax avoidance -- a nice hobby we should
- all practice, and tax evasion, which can get you a trip away from
- home for a long time.
-
- The IRS has some curious ways to distinguish between a "gift" and
- income or tax evasion schemes. They say a gift must be bone fide -
- real.
-
- If I want to give you a gift because you're a nice guy and I happen
- to feel like giving you a gift, and I expect nothing in return, and
- I have no reason to expect anything in return, that's more or less
- a bone fide gift.
-
- But if I have some expectation of getting something in return --
- Judge Wapner will talk about "consideration" -- then it isn't a gift
- at all.
-
- So a "gift club" or "social club" that works as described fails
- the "no expectation" rule.
-
- The IRS has already prosecuted so-called "barter clubs" where, let's
- say, a doctor and a lawyer and a plumber and a carpenter and ..."
- all get together, and agree to give gifts of their services to each
- other. The IRS has made it exceptionally clear to those folks that
- such "barter" arrangements must be treated as income by the
- receiver.
-
- Look. Say I'm an employer and I need someone to do some work for
- me. You think you'd want to work for me. I tell you I don't
- want to pay you for helping me out, but I am a very generous
- person who gives out gifts to people whom I like, all the time.
-
- So you do some work for me and at the end of the week I give you a
- nice gift. Same thing each and every week.
-
- These gifts are not gifts, even if both you and I agree that they
- are. The IRS has to also agree, and we both know they won't.
- --
- Art Kamlet a_s_kamlet@att.com AT&T Bell Laboratories, Columbus
-