Carrie Johnson writes a well done article on a variety of 1990’s tax shelter schemes that reduced or eliminated capital gains taxes. The interesting thing, in all of this, is the transparency these activites give to the mess that is our tax system. Johnson takes a look at many points of view, not just the IRS’s:
Many of the KPMG partners denied they had engaged in a conspiracy to break the law, arguing instead that they had exploited long-standing loopholes in the arcane tax code. Lawyers and tax experts analyze shelters to determine whether they will pass IRS review on a “more likely than not” basis — a standard that amounts to a slightly more than 50 percent chance.
There are ongoing questions about whether the shelters themselves were lawful. A civil case filed in San Francisco by an investment firm that devised one of the structures is challenging the IRS interpretation that the tax shelter lacks economic justification.
Separately, individual taxpayers who used some of the structures have been able to settle their claims with the IRS through an amnesty program.
Moreover, many of the shelters were vetted by lawyers and other tax advisers, giving former KPMG officials another possible defense if they can show they relied on those professional experts and thus lacked the intent to break the law.
