Weekly Class on Private Trust Creation and Administration. Many have probably heard that I conducted a 22-day webinar that went over all aspects of private trust. Well here is the encore presentation. In order to thoroughly go over this subject, I have decided to break the class up into different days in order to make it more affordable to attendees. This class will introduce you to private trust and what you will need to learn in order to be proficient in the proper administration of a trust. Many people on the internet will have you believe that just by having a trust indenture you have all you need in order to have a trust. No so! The IRS uses form over substance in determining the validity of a private trust.
The substance over form doctrine arose from the Supreme Court case Gregory v. Helvering, 293 U.S. 465 (1935), where the Court announced that, “as a general rule, the incident of taxation depends on the substance rather than form of the transaction.” Since that 1935 case, various courts have disallowed a tax benefit associated with a transaction that has a form that differs from its substance. Historically, this doctrine has been utilized by the government to target schemes where taxpayers have purposely mischaracterized a transaction in order to derive beneficial tax treatment.
In this series of webinars we will be going over A LOT of case law. Mentors are very important, however, if you do not have a mentor then reading case law is the next best thing.
In this class you will be:
1.) Introduced to Private Trust
2.) Understand what distinguishes a private trust from a public trust
3.) Examples of why proper administration is vitally important
4.) Understand the importance of minimum contacts.
THIS IS A WEEKLY WEBINAR SERIES ON THE CREATION AND ADMINISTRATION OF PRIVATE TRUST.