 |
|
11-19-2007, 06:03 PM
|
#31 (permalink)
|
|
All-Star
Join Date: Oct 29 2007
Posts: 1,975
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by Sox Fan on Cape
I was responding to a700 hitter's statement about burden of proof.
|
Congratulations on your 4,000th post!
***
Yes, I know that you're discussing burden of proof...but I don't see why Federal law is relevant here. Do you?
Edit:
Here's the relevant part of the statute:
Quote:
``SEC. 7491. BURDEN OF PROOF.
``(a) Burden Shifts Where Taxpayer Produces Credible Evidence.--
[[Page 112 STAT. 727]]
``(1) General rule.--If, in any court proceeding, a taxpayer
introduces credible evidence with respect to any factual issue
relevant to ascertaining the liability of the taxpayer for any
tax imposed by subtitle A or B, the Secretary shall have the
burden of proof with respect to such issue.
<<NOTE: Applicability.>> ``(2) Limitations.--Paragraph (1)
shall apply with respect to an issue only if--
``(A) the taxpayer has complied with the
requirements under this title to substantiate any item;
``(B ) the taxpayer has maintained all records
required under this title and has cooperated with
reasonable requests by the Secretary for witnesses,
information, documents, meetings, and interviews;
|
Points:
1) Burden of proof only shifts after the taxpayer's production of all required documentation, and
2) There's nothing applying this Federal Law to the 50 states.
Unless I'm still missing something...
http://frwebgate.access.gpo.gov/cgi-...:pub l206.105
Last edited by Jayhawk Bill; 11-19-2007 at 06:13 PM.
Reason: Included actual excerpt from Federal Law
|
|
|
11-19-2007, 06:47 PM
|
#32 (permalink)
|
|
Talksox's Nicest Member
Join Date: Jul 15 2005
Posts: 4,235
|
Re: Jeter in Tax Trouble
I never said Federal Law applies to the states. I was reffering to a700 hitter's statement, "Also, with regard to disputed tax deficiencies, the taxing authority does not have the burden of proof. Taxing authoritites have a presumption of correctness."
This whole discussion is waste of time anyways. Is Jeter a crook ? No he isn't. He hasn't been charged or convicted of any crime, and it is doubtful he would be. He has only been assessed additional taxes and interest based on the State of New York's contention that he was a Nerw York resident. If it gets to Tax Court, then there will be an answer. Since Jeter relied on professional advice, how can there be a moral issue. There isn't.
|
|
|
11-19-2007, 07:41 PM
|
#33 (permalink)
|
|
All-Star
Join Date: Oct 29 2007
Posts: 1,975
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by Sox Fan on Cape
I never said Federal Law applies to the states. I was reffering to a700 hitter's statement, "Also, with regard to disputed tax deficiencies, the taxing authority does not have the burden of proof. Taxing authoritites have a presumption of correctness."
|
Why would you refute a700hitter's statement by citing a reference that doesn't apply, then?
Quote:
|
This whole discussion is waste of time anyways. Is Jeter a crook ? No he isn't. He hasn't been charged or convicted of any crime, and it is doubtful he would be. He has only been assessed additional taxes and interest based on the State of New York's contention that he was a Nerw York resident. If it gets to Tax Court, then there will be an answer.
|
Let's check the actual law:
Quote:
S 1802. Repeated failure to file; personal income and earnings
taxes.--(a) Any person who, with intent to evade payment of any tax
imposed under article twenty-two or any related income or earnings tax
statute, fails to file a return for three consecutive taxable years
shall be guilty of a class E felony, provided that such person had an
unpaid tax liability with respect to each of the three consecutive
taxable years.
|
http://caselaw.lp.findlaw.com/nycodes/c117/a69.html
If, as has been published, Jeter failed to file 2001-2003 because he claimed a different residence while maintaining his primary domicile at Trump Towers, it appears that Jeter may be a felon.
Quote:
|
Since Jeter relied on professional advice, how can there be a moral issue. There isn't.
|
Barry Bonds was never told that he was using steroids. That's his testimony. He relied upon professional advice. Many perceive a moral issue.
I perceive a moral issue here, too, especially given that it doesn't take an expert in tax law to realize where one lives.
|
|
|
11-19-2007, 09:18 PM
|
#34 (permalink)
|
|
MVP
Join Date: Aug 21 2006
Posts: 3,733
|
Re: Jeter in Tax Trouble
You know whats funny about this? The NYS Taxation Bureau claims to know what one of it's constituents has in his apartment that's near and dear to the constituent from four years ago. The irony of it is that there is no claim from 2004-2006, which means according to the Taxation Bureau, he is a legal resident of Florida. Just not in those years.
This has to be about the dumbest thing posted about a player on this board. The papers here in New York have absolutely NOTHING on this non-story two days after it broke.
However, there are articles on Yorvit Torrealba's deal with the Mets that fell apart.
If the NY media, which lives for scandals, ignores the story the next day....figure it out.
__________________
"Every year, the infielders move a step back because you have lost some speed, and the outfielders move in a step because you have lost some of your power. When they can shake hands, you're finished."
|
|
|
11-19-2007, 10:02 PM
|
#35 (permalink)
|
|
MVP
Join Date: Apr 24 2006
Posts: 2,500
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by Gom
My picks..in order of severity:
Vick, a horribly heinous act that will rightfully get him prison time.
Clinton, due to his status as President and lying under oath.
Bonds, for disgracing the most sanctified record in sports.
.
.
.
.
.
.
Jeter. For doing something that is estimated 30-40% of Americans do.
Check the link.
http://www.post-gazette.com/pg/07084/772106-28.stm
About the only law that people break with more frequency is speeding. Guess what? I do that too.
I know, you are really happy that that $20 nail was hammered by that $500 hammer in that government building. You pay for it. I'll keep the money.
|
The order I listed them originally is exactly the opposite of the order I'd rank them in terms of there severity.
Clinton first...not for the act itself, but going on TV,voluntarily, looking the camera in the eye, and lying to 100+ million people...only to come back months later and say "I had an improper relaitonship." AGain, not the fact that he cheated, but the fact that OUR PRESIDENT took the stage and lied to every one of us right up until he knew he was caught. Fucking cowardly and despicable.
Vick. Disgusting and cruel, but he didn't kill anyone (that we know of!) and he's clearly a stupid fucking person to risk all he had for this "thrill"...clearly not dealing with a full deck and that needs to be taken into consideration.
Then Jeter...yeah I know "everyone cheats on their taxes.," blah fucking blah. The point is simple...you violated the code, time to pay up. Period. Admit you did wrong, or made a mistake, and say you'll pay your debt.
Lastly Bonds. He did 'roids. He hit a lot of HRs. So did, probably, 50-75% of his teammates and opponents. He was just the best already and got more out of his gains than the others so he's the target? This offense does not even compare to the others.
|
|
|
11-19-2007, 10:07 PM
|
#36 (permalink)
|
|
Deity
Join Date: Aug 02 2006
Posts: 12,746
|
Re: Jeter in Tax Trouble
Bonds crime was lying on the stand in a courtroom. His steroid usage is of poor judgement, but lets be honest here. The guy is also a scumbag and that has to play into it. At the same time, do you honestly think that Jeter has a clue what a 1040 form is? He probably has never even touched one.
__________________
Quote:
Originally Posted by TheKilo
Varitek can go die in a fire. Dude needs to rot for this bullshit. Fuck him.
|
Quote:
Originally Posted by TheKilo
Ortiz can go fuck himself too
|
|
|
|
11-19-2007, 10:26 PM
|
#37 (permalink)
|
|
All-Star
Join Date: Oct 29 2007
Posts: 1,975
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by Gom
This has to be about the dumbest thing posted about a player on this board. The papers here in New York have absolutely NOTHING on this non-story two days after it broke.
|
Here's a great piece in Newsday today regarding the whole thing in detail:
http://www.newsday.com/sports/baseba...,4074811.story
Here's the Post coming down on Jeter's side today, blaming high taxes.
http://www.nypost.com/seven/11192007...ite_923099.htm
And here's the Sun today following suit:
http://www.nysun.com/article/66666
And here's the Post today pointing out the policies behind the decision to pursue Jeter for back taxes:
http://www.nypost.com/seven/11192007...eth_300222.htm
It seems as if you missed a couple of articles.
Quote:
|
You know whats funny about this? The NYS Taxation Bureau claims to know what one of it's constituents has in his apartment that's near and dear to the constituent from four years ago.
|
You what's even funnier? Derek Jeter's lawyer appealed the finding you cite. They lost. It's already been adequately proven. Check the formal court record:
http://www.nysdta.org/Determinations/821646.ord.htm
Here's what gets me from the court documents: the state has set the date of Derek Jeter's move to New York City as February 9, 2001. It sounds to me from that precision as if they've got proof that he spent some fraction of at least 183 different days in the state for 2001-2003, which would be, by itself, sufficient evidence for the state to win.
http://www.newsday.com/sports/baseba...,4074811.story
Quote:
|
If the NY media, which lives for scandals, ignores the story the next day....figure it out.
|
Setting aside, for a moment, that I've just disproven your position, I think that it's clear that Yankees fans are all shouting, "Who cares? All Yankees fans cheat on their taxes! We still love Derek Jeter!" There's no profit to be made in reporting the issue as a scandal, so the local scandal sheets will move on to other business.
***
Derek Jeter, though, has learned a lesson from this: he's got to become visible as a Florida resident. Here's an article documenting how he slept with two women and refused to pay for their parking, creating a scene at the front desk that documents his having spent the night in Florida:
Quote:
October 16, 2007 -- IF Bronx Bomber Derek Jeter wants to keep his sex life a secret, he should learn to tie up any post-tryst loose ends.
Our spy in the lobby of the Shore Club in Miami early Sunday morning spotted "two scantily clad women screaming at the front desk because they had spent the night at Jeter's penthouse and were then charged for parking."
"The girls were wearing what looked like the same clothes they wore the night before - a tight cocktail dress and a mini-skirt. They were making a huge scene because they were asked to pay for parking.
"Obviously, they'd spent the night there," giggled the onlooker, who noted that one of the overnight guests was screaming into the phone, "After last night, he'd better [bleep]ing take care of it!"
|
http://www.nypost.com/seven/10162007...ix/pagesix.htm
|
|
|
11-19-2007, 11:23 PM
|
#38 (permalink)
|
|
Rookie
Join Date: Jan 25 2006
Location: Franklin's Tower
Posts: 334
|
Re: Jeter in Tax Trouble
Anyway, I'll respond viscerally like I do with everything else. Logical arguments and quotes from codes aside...believe me I know them well. As much a passionate baseball fan as I am, I'm not sure I can equate a President of the most powerful nation on earth making up a war and inciting genocide (see Bill: Kosovo) to cover his indiscretions so to speak, to some doofus baseball player "cheating" on his taxes or another ego fluffed baseball player using substances that weren't banned at the time. The court of public opinion...no doubt should be on castigating these individuals.
Stay w/ me here...the analogies aren't even close.
The lists of the worst offenses pale. Rotten things in this tiny microcosm..yes. I don't think you can compare the proponent of mass killings w/ some guy fighting dogs in Virginia or some other dude shooting up whatever..anywhere. Of his own volition.
I should probably recuse myself of the tax argument in any case because I think we are just cows to the machine and there should be a national sales tax and no income or property tax..but that's just me...moo. So, "cheating" becomes only an argument if you are slaves to the machine and just do as you're told and don't exact change on an individual level. As we get squeezed into proverbial boxcars and how's Britney doing? Can't smoke, can't drink, can't drive, can't, can't, can't except pay the man.
The D.O.D. works in overtime. I'll be an expatriate in 2 years and you will enjoy 8 more years of the most powerful and evil couple in modern times. There's a reason the Aztecs looked at 2012 as the end days.
BTW. Jetesy can fuck as many hookers as he likes and not pay their parking tab. The hell do I care about his personal life other than some kind of odd voyeuristic journey into the darkness of his soul and the Post needs to sell more papers. Y'all can leave the moral argument out the door. I can control my own ethics. That's it. This holier than thou attitude is generally promulgated by those who can't keep their frocks off 11 year old boys. I don't trust the judgmental.
__________________
Life is crazy
I know baby
|
|
|
11-19-2007, 11:27 PM
|
#39 (permalink)
|
|
All-Star
Join Date: Jan 30 2006
Posts: 965
|
Re: Jeter in Tax Trouble
Talie, I think it was one hooker plus Arod dressed in drag.
BTW, great call on the Fair Tax:
http://www.fairtax.org/site/PageServer
__________________
Statistics are like a bikini. What they reveal is suggestive, but what they hide is crucial. Aaron Levenstein
|
|
|
11-19-2007, 11:40 PM
|
#40 (permalink)
|
|
All-Star
Join Date: Oct 29 2007
Posts: 1,975
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by taliesin
Anyway, I'll respond viscerally like I do with everything else... The court of public opinion...no doubt should be on castigating these individuals.
...
This holier than thou attitude is generally promulgated by those who can't keep their frocks off 11 year old boys. I don't trust the judgmental.
|
Combining the first and last paragraphs of your post, I wonder if you trust yourself.
In any case, I consider Jeter a tax cheater. Where you get off suggesting that those who judge others are usually pedophiles, I have no clue...and if you'll review my post, you'll find that I was commenting that Jeter is making his presence in Florida known, not questioning him for his choice to sleep with women out of wedlock.
I expect that most MLB players are sexually active with either their girlfriends, their wives, or both. Most avoid scenes regarding parking fees the morning after, though...I sincerely wonder if it's an attempt to gain press that he's currently in Florida.
|
|
|
11-20-2007, 12:33 AM
|
#41 (permalink)
|
|
Rookie
Join Date: Jan 25 2006
Location: Franklin's Tower
Posts: 334
|
Re: Jeter in Tax Trouble
Oh no...sigh. Somehow I knew that your exact accountants mind and mine would clash at some point, but I've got too much going on right now to do it justice. As to your first sentence. I'll consult my psychologist. I was never hugged as a child. I don't think I suggested that people who judge others are pedophiles. I'm sort of abstract in the way that I think, and write, almost always sarcastic, but I'm reasonably certain that I didn't suggest that. If I did, I'm an idiot and I'll permanently withdraw the field and send myself to a very very cold place...preferably Siberia. In December. With those big fuzzy hats.
I don't see how commenting that I respond viscerally w/ saying I don't like cold judgmental people is even close to being relevant to any argument....less the one that I'm not actually having w/ anyone.
I was talking about the holier than thou attitude. If you felt the shoe fit than sobeit.
I could tie shoestrings around your very precise and statistically valid arguments until the cows (and you see how I turned it back around to the moo mentality) come home but I've got a crazed ex and a mortgage. You can quote Federal code and what not forever. Baseball Anthologies till the end of time. Claim flame wars....I actually have other stuff to do, but I'll be happy to continue the dialogue in Spring. Please refrain from the armchair Freud routine if you don't mind.
Cause darlin' I've got your number.
__________________
Life is crazy
I know baby
|
|
|
11-20-2007, 09:42 AM
|
#42 (permalink)
|
|
MVP
Join Date: Jan 25 2006
Location: valley of the blackstone
Posts: 4,278
|
Re: Jeter in Tax Trouble
those who think that jetsey had no part in this area of deceipt are fooling themselves.
if you think jetsey is an innocent party by claiming florida as his permanent residence you must then assume that the clear creme barry was putting on his body is bandosoleil and not steroids.
he signed off on his taxes
derek jeter
1 main st
tampa fl
330000
knowingly filing false info is a crime
knowing is a crime period,believe me on this
when you start with the address being fucked up where do you stop?
the entire can of worms gets opened as it should
im tired of men with 8 figure deals fucking the system to tears while the rest of us get bent over without the benefit of a reach around
fine his ass,penalize him,make him sit in a fucking audit for 4 hours while his entire life gets dissected by a fucking dweeb with no cock,social skills or desire to have fun.
a 1% across the board sales tax on food will work
who can get around eating?
|
|
|
11-20-2007, 12:18 PM
|
#43 (permalink)
|
|
Major Leaguer
Join Date: Feb 08 2006
Location: Belgium and St. Louis
Posts: 551
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by Mr Crunchy
those who think that jetsey had no part in this area of deceipt are fooling themselves.
if you think jetsey is an innocent party by claiming florida as his permanent residence you must then assume that the clear creme barry was putting on his body is bandosoleil and not steroids.
he signed off on his taxes
derek jeter
1 main st
tampa fl
330000
knowingly filing false info is a crime
knowing is a crime period,believe me on this
when you start with the address being fucked up where do you stop?
the entire can of worms gets opened as it should
im tired of men with 8 figure deals fucking the system to tears while the rest of us get bent over without the benefit of a reach around
fine his ass,penalize him,make him sit in a fucking audit for 4 hours while his entire life gets dissected by a fucking dweeb with no cock,social skills or desire to have fun.
a 1% across the board sales tax on food will work
who can get around eating?
|
The Olsen twins and Karen Carpenter 
|
|
|
11-20-2007, 04:24 PM
|
#44 (permalink)
|
|
MVP
Join Date: Apr 24 2006
Posts: 2,500
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by taliesin
As much a passionate baseball fan as I am, I'm not sure I can equate a President of the most powerful nation on earth making up a war and inciting genocide (see Bill: Kosovo) to cover his indiscretions so to speak, to some doofus baseball player "cheating" on his taxes or another ego fluffed baseball player using substances that weren't banned at the time. The court of public opinion...no doubt should be on castigating these individuals.
|
Continuing off-topic to some extent, FTR, when I brought up Clinton's illicit actions involving a certain chubster in a blue dress and his denial of those actions (which was directed at over 100 million Americans), I hope all understand that this not only (1) far outweighs any of the other indescretions mentioned in this thread but also (2) only scratches the surface regarding the depravity of the former President in question.
To be more precise, I mentioned the Lewinsky Afffair as a means of pointing out that, at least IMO, things like Jeter's tax evasion, Bonds 'roid use, etc. pale in terms of severity to even the "slightest" misconduct that occurs in the White House, because of the responsibility of that position.
As far as Kosovo, I could hear some folks now...."But Talie, don't you know that the invasion of Kosovo was a policy consciously based on a mix of moral values and security interests with the parallel goals of halting a humanitarian tragedy and ensuring NATO's credibility as an effective force for regional stability?"
Wrong. What the Kosovo conflict DID do was generate some really good press for a Prez in need of a pick-me-up, but, of course, it was at the expense of innocent lives. Talk about disgusting and vial.
Coming full circle...Jetesy, pay your taxes, admit you were wrong, say you are sorry and let the media do what it does best, i.e. make more of the story than it is and continue to ignore or distort what is really important.
|
|
|
11-20-2007, 05:22 PM
|
#45 (permalink)
|
|
All-Star
Join Date: Jan 30 2006
Posts: 965
|
Re: Jeter in Tax Trouble
Quote:
Originally Posted by rician blast
As far as Kosovo, I could hear some folks now...."But Talie, don't you know that the invasion of Kosovo was a policy consciously based on a mix of moral values and security interests with the parallel goals of halting a humanitarian tragedy and ensuring NATO's credibility as an effective force for regional stability?"
Wrong. What the Kosovo conflict DID do was generate some really good press for a Prez in need of a pick-me-up, but, of course, it was at the expense of innocent lives. Talk about disgusting and vial.
|
Ummm, I'm thinking it's more like
"Kosovo wasn't that bad...
you know, for a Beach Boys song...
they were seabeachfred's favorite band...
three favorite bands ago...
some people have no honor or loyalty."
__________________
Statistics are like a bikini. What they reveal is suggestive, but what they hide is crucial. Aaron Levenstein
|
|
|
 |
|
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
|
|
|
| Thread Tools |
|
|
| Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -4. The time now is 10:34 PM.
|