- 11 - responsible for the consequences of their decision. Those consequences are not the same as corporate form. The U.S. Supreme Court has observed repeatedly: “while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not, * * * and may not enjoy the benefit of some other route he might have chosen to follow but did not.” Commissioner v. Natl. Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (citations omitted). Richard Pelham testified at trial about his decision to use a trust entity to operate his sole proprietorship: Q And how was it decided that you wanted to start operating Lake Lock & Key through the trust? A Just for the retirement reason. Q Which retirement reason are we talking about? A About saving that money for ten years, and letting it build up. And the life insurance policy. Otherwise, I’m–-maybe tax reasons, I guess. Because I was–-I just turned–-I went on Social Security, and I was allowed to make like $8,000 a month. That’s what I understood. That I wouldn’t have to pay, like–-I’d have to pay taxes on income from the business, but not Social Security after $8,000. * * * * * * * Q Mr. Pelham, if everything stayed the same, what was the purpose of forming the trust? A My retirement money that I had to invest every month. And to my knowledge, not–-just being a layman on the tax part, only paying tax on the income, and not Social Security.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011