Your suggestion has been looked at but unique among lawyers there is little dis agreement that IRS would, at the end of the day, prevail in a fight if he were to pursue such a course of action.
The government would claim “same beneficiary” and “sham transaction” and same “altar ego” running the two companies. And, they would claim that his two companies were nothing more than a “device” to circumvent Obamacare.
In his case, he runs on about a 2-3% NOI and simply cannot afford to risk all taking on the IRS and the Federal Government as it is currently constituted.
Even if the two companies were incorporated in different states, like Delaware and Nevada?......................
The feds will start cracking down on the “49 & 29” loophole, along with the multiple company dispersion tactics. Most likely, the feds and IRS will make these tactics a criminal offense.