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submitted 15 hours ago by stermy4u@lemmy.world to c/asklemmy@lemmy.world
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[-] jordanlund@lemmy.world 8 points 6 hours ago

A lot of fiction here so I'll go the other way and suggest "Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich--and Cheat Everybody Else" by David Cay Johnston.

https://www.penguinrandomhouse.com/books/291700/perfectly-legal-by-david-cay-johnston/

If people aren't outraged, they aren't paying attention.

Sample:

"Once, Blattmachr devised a way that Bill Gates, the richest man in America, could reap $200 million in profits on Microsoft stock without paying the $56 million of capital gains taxes that federal law required at the time. The plan was so lucrative that Gates would not have to pay a single dollar in tax and would even be entitled to an income tax deduction of $6 million or so. And that was just the initial plan. The concept could be applied endlessly, allowing Gates to convert billions of dollars in Microsoft stock gains into cash over the years. So long as the Internal Revenue Service did not challenge the deals, then Gates could realize unlimited capital gains without the pain of taxes.

The trick was in manipulating charitable trusts, a common enough device used by generous people who own an asset, such as stock or a building that has appreciated in value. Instead of selling the asset and investing the after-tax proceeds, an individual or a married couple can donate the asset to a charitable trust that they control. The trust sells the asset tax-free and invests the proceeds, giving the donating individual or couple a lifetime income, typically 6 percent per year. When the donors die, what remains in the trust, typically half its value, goes to charity.

Blattmachr’s plan was to take back not 6 percent annually for life, but 80 percent per year for two years. Gates could have pocketed at least $192 million without paying any tax. Then the trust would fold and a charity would get the remaining sum, less than $8 million. Under the plan Gates could have converted into cash more than 96 percent of gains on the Microsoft shares he donated, not the 72 percent he was entitled to after federal capital gains taxes. The charity would get less than four cents on each donated dollar. The government would collect nothing.

The scheme even created a tax deduction that was enough to reduce Gates’s income taxes by about $2 million.

Whether Gates took advantage of such a plan is not known for sure because the law makes individual income tax records confidential. What is known is that when Blattmachr made this route available to others, it sold like a treasure map where X marks the tax-free spot. Billions of dollars of assets poured into these short-term charitable trusts and their super-rich owners took many millions of dollars of income tax deductions that further cut into the flow of revenue to the government.

The technique was so outlandish that when some other tax lawyers got their hands on the map in March 1994, they sent it to the Department of the Treasury in a plain brown envelope. That July, Treasury blocked the route to newcomers and said that it would pursue those who used the device. However, the Internal Revenue Service never announced whether it collected any of the taxes. One hint that the IRS may not have acted against those who used the technique can be found in the records of United States Tax Court, which is where taxpayers challenge the IRS. There are no Tax Court cases in which taxpayers fought for a court blessing on the device, known in taxspeak as an “accelerated charitable remainder trust.”

The Treasury rules shutting down this route to tax-free investment profits were not the end of stretching charitable trusts in ways never anticipated by Congress. So facile is Blattmachr’s mind that from those 1994 rules he divined a new route to tax-free gains. He started selling a new treasure map and billions of dollars more in capital gains passed untaxed into the bank accounts of his clients before the government blocked that second path, known in taxspeak as “son of accelerated charitable remainder trust.”

this post was submitted on 30 Jun 2026
111 points (99.1% liked)

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