Is it lawful to use business structures to minimize or avoid
taxes?
Here is what the courts say -
"Anyone may arrange his affairs so that his taxes shall be as low
as possible. He is not bound to choose that pattern which best
pays the Treasury. There is not even a patriotic duty to increase
one's taxes. Over and over again the courts have said that there
is nothing sinister in so arraigning affairs as to keep taxes as
low as possible, everyone does it, rich and poor alike and all do
RIGHT, for nobody owes the public duty to pay more than the law
demands." Weeks v Sibley; Edwards v. Commissioner; Helvering v.
Gregory, and 60 Federal 2nd 809, Judge Learned Hand.
"A Pure Trust is a contractual relationship in trust form."
- Berry v. McCourt, 204 North Eastern Reporter 2d 235.
"It is established by legal precedent that business pure trusts
are lawful, valid business organizations." - Baker v. Stern, 58
American Law Reports, 462.
"A business trust is a common law entity formed by contract,
and thus, is not subject to the same types of state regulation as
a corporation." - Elliott v. Freeman, 220 US 178; and Crocker
v. Malloy, 39 US 270.
"The business trust also called common-law trusts, are created
under the common law of contracts and do not depend upon any
statute." - Schuman- Heink v. Folsom, 159 NE 250.
"A pure trust is not subject to legislative control. The U.S.
Supreme Court holds that the trust is created and its relationship
comes under the realm of equity based upon the common law and is
not subject to legislative restrictions as are corporations and
other statutory entities or organizations created by legislative
authority." - Croker v. MacCloy, 649 US Supp 39; and Elliott v.
Freeman, 220 US 178.
"One of the objectives of business
trusts is to obtain for the trust associates, most of the
advantages of corporations, without the authority of any
legislative act and with the freedom from the restrictions and
regulations generally imposed by law upon corporations." - 13
Am Jur 2d, Page 379, Paragraph 51.
A business trust may be organized to engage in any business in
which individuals or corporations may lawfully engage. As
described in: Wagner Oil and Gas Co. v. Marlow, 278 Pacific
Reporter 294, 137 Oklahoma 116; Weber Engine Co. v. Alter, 245
Pacific Reporter 143, 120 Kansas 557; and 46 American Law Reports
158.
The Trust Identification Number, T.I.N. that can
be issued for each separate pure business Trust shall not be
considered as a Tax Identification Number (TIN), or Employee
Identification Number (EIN). As you can see, from the above cited
authorities, that a pure business Trust, as a business, is not
subject to any taxation of the United States, including but not
limited to any "State of" territory of District of Columbia. The
following Court rulings will also affirm this fact:
"A pure trust is not illegal if formed for the express purpose
of avoiding taxation." - Weeks v. Sibley, (D.C.) 269 F. 155.
"Dignity of contract cannot be set aside because a tax benefit
results either by design or accident." - Edwards v.
Commissioner (IRS), 415 F. 2d 578, 582, 10th Cir.
From The Department of the Treasury, IRS Handbook for
Special Agents p. 412; Tax Avoidance Distinguished from
evasion, states: Avoidance of taxes is not a criminal offence.
Any attempt to reduce, avoid, minimize, or alleviate taxes by
legitimate means is permissible.
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