The Advantages and Power Of Our Unique Spendthrift Trusts
A constitutionally protected way to secure, manage, and grow your assets.

What is a Spendthrift Trust?

A contract in the form of a Spendthrift Trust does not owe its existence to any act of the legislature. The authority for its creation is the common law right of the parties to enter into a contract, and our “right to contract” according to the Constitution of the United States, Article §10 is unimpairable, meaning it is absolute; contracts between parties cannot be regulated by the government.

Our unique and specialized copyrighted Spendthrift Trusts follow Scott on Trusts, the authoritative treatise on trust law in the United States and are in 100% compliance with the Internal Revenue Code. These specialized trusts have been in use for over seven decades.

Government Control & Protection of Assets

Once the property is transferred into a Spendthrift Trust, it is subject to its own indenture, which governs and protects the property held by it. The government can ONLY regulate and tax entities it creates – not a Spendthrift Trust.

Advantages

Once the property is conveyed into a Spendthrift Trust, it is subject to its own indenture, which governs and protects the property held by it. The government can ONLY regulate and tax entities it creates – not our copyrighted Spendthrift Trust.

Not a Taxable Association

Black’s Law Dictionary defines “Association” as possessing corporate attributes: centralized management, continuity of existence, free transferability of interest, and limited liability.

A Spendthrift Trust is not an “association” or “unincorporated association” because it does not have corporate attributes. Unlike corporations, it is not an artificial entity, nor does it owe its existence to the state.

Independence & Legal Standing

A Spendthrift Trust is not an alter ego or a nominee for any trustee or beneficiary, because no single individual holds both legal and equitable title.
The Supreme Court case Eliot v. Freeman (220 US 178) ruled that a Spendthrift Trust is not subject to legislative control. The trust relationship comes under equity based on common law, not legislative authority.

Weeks v. Sibley (1969)

Courts ruled that a Spendthrift Trust is not illegal, even if formed for reducing or deferring taxes.

Edison California Stores v. McColgan

Persons may adopt lawful means to reduce taxes.

IRS Handbook § 412

Tax avoidance by legitimate means is not a crime.

Narragansett Mut. F. Ins. Co. v. Burnhamun

Choosing a lawful organization structure for tax advantage is not evasion.

More Advantages of Our
Copyrighted Spendthrift Trust

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