Bankruptcy Trustee Shows That Debtor Used IRA Improperly.

The debtor, an LLC, bought about four aces of real estate.  The LLC was owned 50/50 by a husband and his wife, and the husband was a co-debtor on numerous LLC debts.  The husband's self-directed IRA also participated in a partnership with the LLC.  Pursuant to an agreement, the IRA made a cash contribution of just over $40,000 and a non-cash contribution of the real estate valued at $122,830.  The LLC's sole obligation was a cash contribution of $163,354.49, the amount of the IRA's cash and non-cash contribution values, to be made at an unspecified construction date.  The day after forming the partnership, the husband directed the IRA to sell off $123,000 of assets.  The purchase of the four acres occurred simultaneously.  Later, the partnership paid expenses of over $40,000 and the LLC filed bankruptcy claiming the IRA and the husband as unsecured parties.  The partnership was not listed.   The bankruptcy trustee objected to the IRA being treated as exempt, and the court agreed, finding that the IRA had engaged in numerous prohibited transactions, including serving as a lending source for the purchase and development of the real estate, which terminated the tax-exempt status of the IRA.  In re Kellerman, No. 4:09-bk-13935, 2015 Bankr. LEXIS 1740 (Bankr. E.D. Ark. May 26, 2015).

 

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