Its the placement of the shares in an account designated as tax-deferred that is the problem. Had he bought the shares at face value for pennies and held them in a traditional securities account, then he would owe taxes if, when the real values of the shares kicked in, he did anything with them.
By placing them in the IRA, once the value exploded -- as he knew they would -- he can convert them into anything he wants, as long as he doesn't withdraw until he reaches the relevant age.
Thus, by manufacturing a temporary fake value so as to fit them into the $30,000 limit, he can in fact negotiate them within the IRA framework and avoid the taxes.
Look, no matter what spin you try to place on it its a tax dodge. It was designed to allow him to do exactly what he did, which is make money without having to pay taxes on it, at least until he thinks he is getting the best tax treatment available on it.
It is legal, that is not the problem. The problem is that it shouldn't be legal and such gimmicks are what Bain and Romney are all about. Its the last thing we need right now, especially since we know that Romney shipped huge amounts of cash overseas, again to avoid paying taxes and spending or investing in the US.
I'm not saying that Romney is personally to blame. I have no reason to think he didn't play by the rules. But the rules are the problem, they are not fair, they are biased and rigged to favor people in his position. And that's wrong.