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Link Posted: 3/22/2017 9:44:28 AM EDT
[#1]
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Quoted:
Learned Hand said it best:

"Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are forced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."

"Anyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Trrasury"

(Citations omitted) (excuse iPhone typos)
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Quoted:
Quoted:


If there is no transfer then there is no transfer tax. It really is that simple.

JPK
Learned Hand said it best:

"Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are forced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."

"Anyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Trrasury"

(Citations omitted) (excuse iPhone typos)
Have you read the case in which that quote is from?  Here's another quote from that case:

"The rule which excludes from consideration the motive of tax avoidance is not pertinent to the situation, because the transaction, upon its face, lies outside the plain intent of the statute. To hold otherwise would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose."

(Helvering v. Gregory)
Link Posted: 3/22/2017 10:00:48 AM EDT
[#2]
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Quoted:


Lol ok I'm tracking with you now.

OP is so buried under law school debt that another $200 for a transfer kills his deal. No one but a recent law grad would quote Learned Hand.
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Ha! You might be on to something there!

Judge Learned Hand... RIP.

JPK
Link Posted: 3/22/2017 10:15:17 AM EDT
[#3]
No school debt here, I'm just the nerd that took every tax class offered.
Link Posted: 3/22/2017 10:24:06 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Have you read the case in which that quote is from?  Here's another quote from that case:

"The rule which excludes from consideration the motive of tax avoidance is not pertinent to the situation, because the transaction, upon its face, lies outside the plain intent of the statute. To hold otherwise would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose."

(Helvering v. Gregory)
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Distinguishing Helvering v Gregory, the OP contemplates acting in accordance with the public notice ATF has given regarding adding trustees after stamp issuance, for the reasons a trust was used as a vehicle in the first place. This is the essence of the issue, and provides real, significant reasons for the actions, which were missing in H v G.

JPK
Link Posted: 3/24/2017 12:22:28 AM EDT
[#5]
Buying a used silencer is about the same as marrying a 57 year old crack whore.  If you are going to get screwed paying a $200 tax and waiting for months, pick a nice young one that isnt used up by every gun in your neighbors gun safe.  
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