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Subject:  Re: Possible Divorce/Shelter Invest. Date:  6/24/1999  10:01 AM
Author:  jocave Number:  11502 of 90502

5. Can I give my sister cash as I accumulae, have her invest it in her name, and when the time is right, gift it to me in stock? or is there a better way?

Three reasons to avoid this-

1. The IRS can use 20/20 hindsight to unroll transactions that violate the spirit of the law. If you "gift" your sister money and she later "gifts" it back to you, the IRS can invalidate both transactions and get most upset with you and your sister.

2. You will be guilty of hiding assets in your divorce settlement. I'm no lawyer, but I'll bet that very unfortunate things happen if ex-hubby points out this deception in the future. Since you were the stay at home mom whil he, presumably, was working, it seems like you've got the most to lose by this tactic. A cranky family court judge could presumably reduce or eliminate alimony, child support, etc. based on this deception.

3. No matter how much you may dislike this person you're married to, the two of you have 3 kids. Playing games will only make the divorce more difficult and more messy. Those kids love you both and will continue to love you both after all is said and done. You owe it to them to be civil to each other before, during, and after the divorce. Hiding money does not create an atmosphere of civility.
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