-11- Representative Fees refers to all of the money SSI collected from Chartered Representatives. SSI represented to its Chartered Representatives that each investment it promoted was carefully selected for its investment potential and tax-sheltering features; forbade its Chartered Representatives to offer to their clients any investment opportunities other than those offered by SSI; and agreed “to defend any suit in any federal tax court based upon an attempt by the Internal Revenue Service to deny the tax deferring features resulting from SSI’s investments.” SSI promoted its services as a means of sheltering clients’ incomes from “unnecessary taxes”, and described its products as tax shelters. Each individual client of SSI (1) created an investment company as a sole proprietorship that executed a Declaration of Trust naming SSI as Trustee and (2) executed a Management Agreement naming SSI as manager of its investment company. The purpose of the Declaration of Trust was to allow SSI to acquire tax shelters for the client, and the Management Agreement obligated the client to pay SSI 1 percent of the client’s gross income on a quarterly basis and 10 percent of the proceeds from all SSI-recommended investments. Under the Management Agreement, each client was to receive a “Random Report”--a periodic statement of the client’s financial position. Random Processing Services, Inc., a subchapter CPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011