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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 and/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 which is not subject to said tax.
  • Expenses and business affairs conducted on behalf of the Trust may be paid by the Trust and are not considered income to the person receiving these payments.
  • Trust expenses can include housing, utilities, homeowners’ insurance, property taxes, housing repair and maintenance, vehicles, vehicle insurance, vehicle taxes, vehicle repair and maintenance.
  • Beneficiaries can be provided food, clothing, medical, education, transportation, wellness, and everything else without limitation.
  • The Trust can provide medical, education, transportation, and wellness for adult Trustees. This is not income to them if this income is paid on behalf of the Trustee and not paid directly to the Trustee.
  • The Trust has inherent power to invest to create more wealth.
  • There are no CTA compliance requirements, thus no FinCEN Beneficial Ownership Information Reporting is performed through the U.S. Department of the Treasury.
  • True anonymity at the local, state, federal and international levels.
  • 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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