DownTheAvenue wrote:
The purpose of a Montana LLC is to avoid tax, commonly called tax evasion. Most states are well aware of this tax dodge and make you py accordingly.
There is a dramatic difference between tax avoidance and tax evasion. One is legal the other is not. As the great
Judge Learned Hand stated in 1934 when ruling in the Gregory v. Helvering case in an appeals court ruling which was later affirmed:
"Anyone may arrange his affairs so that his taxes shall be as low as
possible; he is not bound to choose that pattern which best pays the
treasury. There is not even a patriotic duty to increase one's taxes.
Over and over again the Courts have said that there is nothing sinister
in so arranging affairs as to keep taxes as low as possible. Everyone
does it, rich and poor alike and all do right, for nobody owes any
public duty to pay more than the law demands."
Most courts would agree that forming a business for the sole purpose of reducing taxes would not be a legitimate enterprise and doing so would be tax evasion, not tax avoidance.