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Irrevocable Spendthrift Trust

Asset Protection Services of America is an Authorized Agent of Benson Financial Trust copyrighted materials. On November 29, 1999, the first "Master Spendthrift Trust", which is a "Non-Grantor, Irrevocable, Complex, Discretionary, Spendthrift Trust", was filed with the U.S. Copyright Office and Copyright Registration Number TXu 928-247 was issued for it as an original work. The Copyright Office noted that it was the first and only trust that had ever been copyrighted.

The substance and form of the original "Master Spendthrift Trust", and the current "Benson Financial Trust", were first constructed in the early 1950’s. The original series of Master Trusts were created by Robert N. Benson, Esq., who was a Harvard educated attorney and a protégé of Professor Austin Scott who taught at Harvard Law School. Professor Scott is renowned author of “Scott on Trust Law” which is recognized as the leading treatise and authority on Trust Law in the United States. Mr. Benson studied and taught classes under the guidance of Professor Scott. After graduating from Harvard, Mr. Benson became a partner in a prominent Wall Street Law Firm providing his legal acumen to high-net-worth individuals to plan and protect their estates through various Irrevocable Spendthrift Trusts which are the predecessors to the subsequently copyrighted Master Trusts, copyrighted under the authority and approval of Mr. Benson.

In approximately 1995, Mr. Benson partnered with Tarrant County Judge George W. Boring who, utilizing paralegal Richard Ronald, formed a new Law Firm offering Trusts to everyone - not just the wealthy. Mr. Richard Ronald partnered with attorney Robert N. Benson to refine and copyright various trusts, including the "Master Spendthrift Trust", which subsequently became the current "Benson Financial Trust". Tens of thousands of people have utilized the numerous advantages of Mr. Benson's trusts created and sold over the last 70+ years.

Primary Benefits

The primary benefits, when properly using our proprietary and copyrighted non-grantor, irrevocable, complex, discretionary "Benson Financial Trust" with spendthrift provisions, include but are certainly not limited to:

  • Unparalleled Asset Protection, as judges may not issue a turn-over order whether it be from an outside lawsuit or an inside lawsuit.
  • 100% Tax Compliant with the Internal Revenue Code.
  • Registered Legal Opinion Letters from attorneys, judges, law firms and the IRS.
  • No Capital Gains Tax, thus no need for another 1031 Exchange or paying 20% (short-term) or 15% (long-term) capital gains tax.
  • No Passive Income Tax, as all gains are allocated to the Trust corpus and are not subject to said tax.
  • Trust expenses may include mortgages, utilities, property taxes, vehicle purchases, insurance, maintenance and repairs, etc.
  • Beneficiaries may be provided food, clothing, housing, transportation, medical, education, businesses, investment properties and more, without limitation.
  • The Trust may provide for medical, education, transportation and wellness for adult Trustees and is not income to the Trustees if said income is paid on behalf of the Trustee and not paid directly to the Trustee.
  • The Trust has inherent power to invest and to create more wealth.
  • There are no CTA (Corporate Transparency Act) compliance requirements to file the BOIR (Beneficial Ownership Information Report) with FinCEN (the Financial Crimes Enforcement Network) under the United States Department of the Treasury.
  • True anonymity at the local, state, federal and international levels.
  • The Trust file no State tax returns.
  • The Trust may be renewed every 21 years for perpetuity.

Registered Legal Opinion Letters

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Benson Financial Trust, IRC and Legal Compliance
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Everette J. Myers, Senior Revenue Agent (IRS)
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Judge George W. Boring, Attorney at Law
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Lorraine E. Gardner, Senior Counsel, Branch 4
IRS Private Letter Ruling Number: 201519012
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Paul B. Rosen, Attorney and Counselor at Law
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Robert A. Desilets, Jr., J.D., LL.M., LL.M.
Former Attorney / Advisor to the Office of Chief of
Counsel of IRS in Washington, D.C., 1999-2004
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Robert N. Benson, Attorney at Law
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Steven E. Gurian, Esq., LLM
Counter Legal Opinion on IRC Memo AM 2023-006
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The Rosen & Rosen Law Firm, Attorneys at Law

100% Tax Compliant with Internal Revenue Code

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26 USC §643
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Bypassing Estate Tax
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Eliminating Capital Gains Tax Using a Complex Trust
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Optimizing Your Taxes Using the 1041 System
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Search the United States Code
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26 CFR § 1.1244(c)-1 - Section 1244 stock defined
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26 CFR § 1.643(b)-2 - Dividends allocated to corpus
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IRS – Tax code, regulations, and official guidance

Trust Case Law

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Trust Case Law
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Trust Subject to Division in a Divorce?
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Iowa Court of Appeals
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Scott on Trusts - Training Course (168 Pages)

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