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Target: Abusive Roth IRA DealsTarget: Abusive Roth IRA Deals
It's a shame when promoters turn a legitimate retirement savings vehicle into an abusive tax shelter, but that's what has happened with Roth IRAs. Now the Internal Revenue Service has reacted. With Notice 2004-8,1 the Service in January announced that certain transactions involving Roth IRAs will be treated as listed transactions (also known as tax shelters) under Internal Revenue Code 6011, and that
Natalie B. Choate, of counsel, Bingham McCutchen LLP, Boston
It's a shame when promoters turn a legitimate retirement savings vehicle into an abusive tax shelter, but that's what has happened with Roth IRAs. Now the Internal Revenue Service has reacted. With Notice 2004-8,1 the Service in January announced that certain transactions involving Roth IRAs will be treated as “listed transactions” (also known as tax shelters) under Internal Revenue Code 6011, and that the IRS intends to attack them on several fronts.
Here is the abuse that caught the IRS's attention: A taxpayer owns what the notice calls a “pre-existing business” (such as a corporation or proprietorship) and also owns a Roth IRA. The Roth IRA in turn owns, as the notice puts it,...
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