Court Allows C Corp. DISC Payments to Roth IRA

The 6th Circuit overturned the decision of the Tax Court and allowed an arrangement that resulted in payments of millions of dollars to a Roth IRA though, as the court acknowledged, such arrangement effectively allowed for payments in excess of IRA contribution limits.

Document Excerpt

As it turns out, the Commissioner does not have such sweeping authority. And neither do we. Because Summa Holdings used the DISC and Roth IRAs for their congressionally sanctioned purposes—tax avoidance—the Commissioner had no basis for recharacterizing the transactions and no basis for recharacterizing the law’s application to them. We reverse.

Link

http://www.opn.ca6.uscourts.gov/opinions.pdf/17a0037p-06.pdf

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