@Jeff C., your cautionary advice is noted. I do believer that rents I collect from real estate that I do not own are not recognized as mine as a matter of law. I further believe that so long as I do not use these rents as mine, and keep them separate (segregated) from my own funds, I have no tax liability for them (the experts appear to disagree without citing authority or even reason). Your position seems to be that if I invest or loan the funds that I'm in custody of, then I am "having it both ways". As in saying the funds are not mine, but using them as though they were.
You may be right? It may be that investing or loaning these funds in anything no matter how prudently, will be considered as a matter of law, to be using those rents as mine.
Jeff, you've stated,
"If you assert that the funds are not yours and that you are just a custodian of the funds then you may not lend them to yourself ..."
Do you have a legal precedent for that statement? Or is just to a company that I own, that the funds can not be loaned. How did you determine that a custodian of funds may not loan or invest them? I very much want to see the authority supporting that principle. Ascertaining what State and Federal laws permit is what I'm seeking from this post. If you know of a statute? A regulation? A court decision? A legal precept? Then please share it. Or do you declare that I can not invest these funds just because that position seems right to you?
Jeff your position may be correct. It does seems intuitive. However, your analogy, that I can not loan out the rents I collect "any more than my property manager might lend themselves my collected rent that is in their care." is not equivalent with my situation. You have not abandoned your property or the rents from them have you? Instead, you have a written agreement with your property manager. The owners of these properties can not be found. At present, they are not available to receive their rents or to claim them. The property owners may never become available. If they do appear, State law recognizes that the rents I've collected belong to the property owners. Doesn't that make it clear that I am not the owner of the rental income?. Are you saying that it is a general principal of law custodians are not permitted to invest the money in their care?, or just that custodians may not invest money where there is conflict of interest?
Here there is no written agreement regarding the rents, so my question becomes what does the law say a custodian may do with the money under his/her control?
Also, if your case is you don’t own the money and can’t find the owner and you are just keeping it safe for them, then you must abide by unclaimed property law and send the funds to the state according to your states unclaimed property laws. Either take ownership and pay the taxes or send the funds to the state as unclaimed property. The correct way is to pay The taxes.