this is NOT tax fraud.” That’s wrong.
Wrong. It's not tax fraud if you have a bonified, "good faith", contract, that meets the standards as outlined in that legal article I listed. It does not matter that you and your pall know you fully intend to commit tax fraud (just don't put that in writing). And it is ALSO not tax fraud UNTIL you are convicted of tax fraud. It is NOT a crime until you convicted for the crime. They must prove you committed a crime AND you get convicted before it is a crime. This is the basics of basics of basics of criminal law in any modern country. Before then, you are only charged with crime.
Provide your source that says you are legally guilty of a crime before being found guilty of a crime.
It's not tax fraud if you have a bonified, "good faith", contract,
It’s not a “good faith” contract if you don’t have “good faith” behind it.
That’s the whole point.
Taking steps to avoid detection does not mean that you aren’t evading taxes. In fact that’s the principle action required to evade taxes
Provide your source that says you are legally guilty of a crime
I never said you’re “legally guilty” of a crime. But getting away with a crime does not mean you didn’t commit a crime, and the fact remains that you run the risk of being caught and convicted, no matter how well you cover your tracks
It’s not a “good faith” contract if you don’t have “good faith” behind it.
You're confusing actual legal terms with colloquial usage. It doesn't matter if someone actually had genuinely good faith/intentions behind a contract. If what you said was correct, a massive number of contracts would be illegal.
Lmao. No. The term “good faith” ONLY exists to legally invalidate agreements, deals, or offers made in bad faith. Of course it has to be proven, but being difficult to prove does not turn bad faith into good faith. Here’s the definition of good faith from the American bar association, with a link so you can’t even pretend to have a reason not to have read this comment:
“Good faith” has generally been defined as honesty in a person's conduct during the agreement.
In general, the duty of good faith and fair dealing means, for example, that parties cannot evade the spirit of the bargain, lack diligence, perform incorrectly on purpose, or abuse their power when specifying the terms of a contract
Making a fake loan contract in order to avoid gift taxes does not indicate honesty in your conduct during the agreement, certainly includes the intention to perform incorrectly on purpose, and arguably evades the spirit of the deal and abuses your power to specify terms of the contract
I don't see a single link so I don't need to read your reply.
“I can’t explain why a crime only becomes a crime if someone turns me in so I’m going to pretend I didn’t read that.”
Literally asked you for your opinion on a hypothetical scenario in the first sentence and you’re going to act like you expect sources. To give your opinion. On a fake scenario. 🤦🏻♂️
They must prove you committed a crime AND you get convicted before it is a crime.
So imagine this scenario. You win the lottery, and you want to share it with your family, but you don’t want them to have to pay taxes on the gift, so you write up contracts for loans, as you described, with all of your extended family that you give gifts to.
You are saying that you have not committed tax fraud by doing this, correct?
So several years later, say your nephew goes to the IRS and says, “I just can’t live with this on my conscience anymore, my uncle gave gifts to my whole family disguised as loans so we wouldn’t have to pay taxes on it,” and provides them with all necessary documentation that proves this is what you did. So the IRS takes you to court and you’re found guilty and thrown in prison for tax fraud.
You’re saying that NOW you have committed tax fraud, since you’ve been found guilty? You’re saying that your original actions weren’t a crime UNTIL several years later when your nephew turned you in?
Come on man, don’t be retarded. You committed a crime in the beginning, you just didn’t get caught until later. If what you were doing wasn’t a crime, there would be no ability for you to get caught doing it
I don't see a single link so I don't need to read your reply.
(post is archived)