William Brown wrote:
- quote -

Good point. Am I right in assumming that it is unlikely to
have "passed muster" with the IRS unless they have obtained
either a revenue or letter ruling? In either case the
technique would become public knowledge.

Stu

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Richard wrote:

- quote -

I'll give you an informal opinion. My guess is the claim
that the strategy "has passed muster with the IRS" is false.

Regards,
Bill

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richard.koreto[at]thomsonmedia.com (Richard) wrote:

- quote -


There was an article in The Wall Street Journal a few months ago
regarding some well-known estate planning attorneys who had developed
certain estate planning techniques that they were attempting to get
patents on. It appears that there are several pending published
applications, and that if a patent ever issues on a particular
technique, anyone who had used the technique could be guilty of
infringement.

This is a very recent development, and it remains to be seen how
viable such a patent will be. After all, it would be impossible for
the patent owner to police other attorneys' estate plans to determine
whether his technique was being used. At a minimum, he might be able
to prevent others from using it as a marketing ploy. Indeed, it might
even be the case that the developer of these particular techniques is
using the patent applications as a marketing ploy himself -- that is,
while the patent applications are pending, he has certain provisional
rights that may prove of value if the patents ever issue. Until then,
he can use the threat of a future infringement suits to perhaps
prevent others from using the techniques in the meantime.

I don't think the attorney you referred to can prevent anyone from
discussing the nature of the technique; even if he had a patent, it
would be a matter of public record so that anyone could discuss what
the technique is and what it purports to do. If he doesn't have a
patent application or a patent, I don't think he can prevent anyone
else from using it, either.

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This sounds like Howard Larsen's Private Annuity Trust. He has
copyrighted the term but not the planning strategy. I have his book
and contact info if anyone is interested. The plan is the standard
private annuity arrangement wrapped up in a trust and works very well.
he also has a bunch of other planning techniques including
intentionally defective grantor trusts and foreign trusts which work
toward asset protection as well as estate planning. I sat through one
of his lectures to some clients of mine. Very informative.

Linda Dorfmont E.A. CFP, CSA

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- quote -

This is a strategy sometimes used by people who claim lthey
have a system to beat the IRS, but they won't tell. The IRS
now includes such confidential schemes on their "must
disclose" list for those sucker enough to buy in

Tom

--
Thomas E Healy, CPA, PC
1650 38th St., Ste 202W
Boulder, CO 80301
Please send email to: tom[at]tomhealycpa.com, since I block all email at my
newsgroup address.
phone (303) 443-1804
fax (720) 489-3772

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"Richard" <richard.koreto[at]thomsonmedia.com> wrote:

- quote -

First thought is that you're asking a copyright question not
a tax question. Wrong forum. Second thought is that you
can't copyright an idea, nor can you copyright a course of
action. He can write a book on the matter and even have his
own catch phrase and copyright portions of those, but he
cannot copyright the methodology someone uses to prepare
their own tax return.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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Richard wrote:

- quote -

If he says he owns it by copyright, what that means is that
he developed certain documents which are essential for his
purposes, and that no one is allowed to use those specific
documents because he owns them. Under copyright law he
cannot prevent someone else from using his IDEA if they
don't use his documents.

And of course, he can't prevent someone from just writing
about what he does, as long as the writer doesn't use
copyrighted documents.

He might be able to prevent someone doing the same thing he
does if he has obtained a patent on it. But whether a
patent is available depends on the exact nature of what he
does.

- quote -

Generally you can't control mere ideas. It is how those
ideas are expressed that can be protected.

I'd love to get more information on what he's doing. My
guess is that it is something the IRS would disallow and the
courts would likely agree.

Stu

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I know of an estate planning lawyer who claims to have
developed a complex tax strategy for wealthy clients. It
has passed muster with the IRS. However, he now says he
"owns" this strategy, and that other lawyers or CPAs cannot
even write about it without getting his permission and
calling it the "John Doe Strategy." Note that this does not
involve software he has written or a particular investment
vehicle he has developed.

Of course, the gentlemanly thing to do would be to credit
him, but can he "control" this idea? I don't expect a
formal legal opinion in this chat room, but I am curious if
anyone has come across a similar problem before, and what
they think about it.

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