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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - family-partnership rules
Study hard, for the well is deep, and our brains are shallow.
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Definition of family-partnership rules
Definition: Family-partnership rules are laws or regulations that aim to prevent the transfer of income between partners, particularly family members, who may not be conducting business at an arm's length.
Examples:
- A father and son own a business together. The father decides to transfer a large portion of the business's profits to his son's personal bank account, even though the son did not contribute significantly to the business's success. This would be a violation of family-partnership rules.
- A husband and wife own a rental property together. The husband decides to charge his wife a significantly lower rent than what he charges other tenants. This would also be a violation of family-partnership rules.
These examples illustrate how family-partnership rules aim to prevent partners, particularly family members, from transferring income or assets in a way that is not at arm's length. This means that the transfer should be made as if the two parties were unrelated and conducting business with each other in a fair and equitable manner.
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Simple Definition
Family-Partnership Rules: These are laws that stop family members from moving money between each other in a way that is not fair. This is to make sure that everyone is treated equally and that no one gets an unfair advantage.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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