Quote:
Originally Posted by Exhibitman
Bob:
You are right: a new UCC-1 has to be filed when items are added to a vault and the record is public. I can say for sure that the vault is not renting real estate or a safe deposit box. It is simply providing a bailment service to dodge state sales taxes. Which are deferred: if you ever take delivery of the card, you owe the tax for your state.
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And that is why I'm posing the thought/question, why don't they change what/how they do their vaults so that they are considered as renting/leasing something that does afford their users protection from potential bailment issues? Virtually no one is going to waste their time and money continually sending in and updating UCC-1 filings, at least not until one of the vault providers may end up having themselves, or a parent or related company go into bankruptcy and potentially creating a bailment issue for their customers. Or are you saying there is no realistic, legal way a vault could be set up that would be considered as a real rental/leasing type arrangement that could afford users protection from potential bailment issues?
In the early 2000's before he passed away in 2011, I had the opportunity and pleasure to meet Dan McCarthy, and listen to stories he told to a then colleague and myself about how he was the one, on behalf of the New York Yankees, that was able to convince the IRS to accept the concept of depreciating player contracts for income tax purposes. So it doesn't seem impossible to me that when there is a legal will to get something done, there can be a legal way to do so.
McCarthy also told us how ironically at one time, the New York Yankees were owned by an Ohio limited partnership.