(03-21-2023 05:54 PM)Hambone10 Wrote: (03-21-2023 04:32 PM)tanqtonic Wrote: Are you asking whether Trump indirectly shoveled money to Stormy for her not to say anything about him shtuffing her? Absolutely that has been demonstrated.
No... I'm asking if it has been proven that Stormy's allegation is true. If its not, and I don't believe he has admitted that, then there IS no genesis.
The NDA between Stormy and Trump (well... "Peggy Peterson" and "David Dennison") specifically references a number of things that must be turned over by "Peggy". Seems to be overkill for a settlement where 'nothing happened' or was 'untrue'.
Quote:it is merely an admission that her accusation is believable enough to have potentially cost them the election.
The terms of the NDA strongly suggest otherwise.
Quote:This throws out your entire argument about the genesis of the event being a private matter.
Id suggest reading the NDA before engaging in raw speculation about it never happening.
(03-21-2023 04:39 PM)tanqtonic Wrote: So why is it an allowable business expense if a company 'settles' a sexual harassment lawsuit?
Because the tax code and the caselaw *very narrowly* considers harassment *in* the work place as 'in conjunction with profit-seeking activities'. Outside of that context, that exception obviously doesnt apply to the normal rule.
Quote:Quote:Quote:Yet you are 99% certain he will not be convicted.
Too many politically blind MAGAts out there. He wont be convicted. It doesnt alter the fact that the misdemeanor aspect of the biz records is a layup. The felony extension ---- not such a layup.
The misdemeanor doesn't matter. Nobody cares; especially not Trump...
But again, you keep talking about blind MAGAts, and either ignoring my beliefs or painting me with that brush; which is demnstrably untrue.
The only people whom I have painted as such are people who would vote for a Trump acquittal no matter what was presented. I hope you dont fall into that category --- I would assume you would not knee jerk your way into that style of vote.
Quote:Lad presented a case where settling a criminal allegation without a court finding of fact is a deductible business expense... pretty much in conflict with every specific you gave.
Settled an allegation -- not necessarily criminal.
Sexual harassment *very narrowly* considered to be within the confines of the general rule I laid out. It is one of the extremely few exceptions to the broad rule, mind you. To the extent if harassment takes place in a setting outside work, such settlements are *not* allowable deductions.
See:
https://corporate.findlaw.com/human-reso...enses.html
Quote:So I'm having trouble just taking your word for something that I've also personally witnessed happen.... or at least be attempted and not disallowed.
What you stated wasnt an allowance of an item. What you stated was an accounting making a false characterization to something that *would* be allowed.
Specifically and literally, you said that they characterized it as something completely and different as what the purpose of the payment was.
Im sure that happens all the time. It doesnt change the general rule that only settlements that are geared at activity that is business in nature will be treated as an allowable deduction. Literally, you said in your example they lied about it, and insto presto it was allowed.
Quote: No the case is not 100% on point, but it absolutely is in conflict with your numerous 'period' comments.
Your example only points out that it can be effective to falsely state the settlement as 'marketing cost.'
Quote: (03-21-2023 04:25 PM)tanqtonic Wrote: The base maxim is --
no matter if you’re trying to protect the business, if the genesis is personal and you can’t deduct it. Period.
Lad's link disputes this directly.... in very clear wording. Sexual Harassment is clearly personal... and criminal.... and it is deductible as long as there isn't an NDA. Reporting that as a business expense would be allowable and not a falsification of records.
Sexual harassment may or may not be criminal.
Again -- there is a very limited basis on allowing the deductibility of sexual harassment settlements, crafted as to eke *into* the view of 'in connection with .... profit seeking activities'. Which was then changed statutorily to make settlements with NDAs wholly unallowable.
That is why I said you are mixing and matching taxing rules and statutes.
Quote:Ham -- you are mixing and matching stuff.
Yeah, like I said there.
Quote:Quote:Step 1. Is the payment a false business record when it is recorded as a business expense. If so, the issue is a misdemeanor under the NY Biz records act.
Depending on the specifics, Lad's link seems to demonstrate that it may not be a false business record.
Again, no. Stormy was never an employee. Nor was the settlement for sexual harassment -- an item that only barely ekes into consideration for being allowed. Nor was the affair one that was in connection with any profit seeking activity.
And I would hazard a guess (a pretty good guess) that the 'wow this might be damaging to our CEO even if false' wouldnt fly there either when the action or alleged action at the root isnt 'in connection with profit-seeking activity'. That last quote is a big one in deduction determination, mind you. It kind of crops up in every case on the subject.
Quote:Quote:You are throwing everything into a pot and stirring it in a mishmash manner.
Not at all. You seem to be assuming facts not in evidence... the first of which is 'was the allegation actually true'.
Funny, the NDA isnt drafted to support a 'it isnt true' scenario. I suggest *you* read it. In all honesty, you seem to be not considering the full suite of items.
Quote:Quote:Turning to Step 1. The payment to Daniels.
The settlement is in relation to Trump fking Daniels. No Trump fking Daniels, no issue. That is the core action.
Again to lad's link... but also to the demonstration of the CLAIM that this happened. Hence my still unanswered question. Best I can tell, it is also possible that they never did anything, or that they did something, but vastly less than what she alleged or would have alleged. I recall all sorts of allegations flying around.
Again -- to the fact that lad's link means nothing. It is directed specifically to an exception in the tax practice that allows *only* sexual harassment write offs. because they found a way to stuff it into the rubric of 'in connection with profit-seeking activity'.
"Best I can tell" --- best I can tell is you yourself are making assumptions without reading or looking at the NDA. Or being aware of the importance of a base action being 'in connection with profit-seeking activity'.
Its possible they did nothing. 18 pages of NDA referring to numerous specific tangible items, photos, and communications tend to indicate the opposite of the case that you have latched onto.
And if they didnt do anything -- it doesnt matter. The settlement was based on a claim that it *did* happen. The focus is on the action that germinates the settlement, or the alleged action. You keep trying to focus on 'but it *could* affect the company. It could, no doubt. But that isnt the focus of what makes a settlement by a company a business expense or not.
And, at the very end, the company tried to cover it up --- just like your movie folks did. They hopped and skipped and said it was payment for legal services. They not only lied about it being a proper deductible expense, they explicitly lied about what it was.
Again, rule #1 -- Dont. Ratfk. The. Bagman. Literally the only person that could seriously harm Trump in this manner. And Trump tossed him under the bus. Ooops. Not the smartest thing in the world to do.... kind of laughably stupid.....
Quote:In this event, the FIRST important question to me is... did it happen as she apparently alleged...
Why dont you read the NDA and come back to us on this point. As opposed to throwing out the 'maybe it didnt happen' without looking at what is available to ascertain that.
THAT is what my defense of him in this instance is based on... and nothing more.
Quote:Quote:Quote:Quote:Quote:Trump is not in any way being prosecuted for his personal actions with Stormy.
You are conflating items. The *payment* is based in a personal action. The payment is not allowable as a business expense. Cant get much simpler than that.
But it isn't. Sorry, but I'm fairly confident that you're not correct here....
Im fairly confident I am.
Then please tell me how companies in Lad's link can deduct settlements from 'personal' sexual harassment?
Because of the fing specific issue in the tax code and the very narrow fitting of *some* sexual harassment issues into 'in connection with profit seeking activity.'
The same tax code that says 'generally speaking, settlements that do not have a genesis in an activity of the business are not deductible.' In that sense, when a CEO gropes his admin in the office -- it has a tie to the workplace.
If he calls here up at hours and recites his fantasies to her, then even outside the office it is in the sphere of boss / employee conduct. Again, implicating work related activity.
If Marty goes to the park and sees Melba there, where Marty and Melba are in different parts of the business, and Marty proceeds to rub her leg while at the park -- no connection to profit making activity implicated at all. Settlement is not deductible.
Quote:Quote:Quote:a movie was about to come out.. and one of the actors 'did something'... and the producer paid for an NDA as part of the 'marketing' campaign. This was numerous years ago and while the person I know well connected to the issue is no longer associated with that producer, (s)he handled the books.
That they too it as a business expense, does not mean it was allowed. 999 times out of 1000 that item based in a personal incident will *not* be allowed in a court. The issue you defend with is based on 'not finding out the true nature' of the payment. You admit the 'not the true nature' when you say that it was on the books as something else.
Where is it said that the true nature of the payment was not disclosed? I've not read that.
You said above it was part of a 'marketing campaign'. That is not the same as a settlement for the 'actor "doing something" '. JFC.
Quote:B) disallowed and criminal, even a misdemeanor are not the same thing... at all.
I dont understand your fixation with 'disallowed and criminal'. Why do you seemingly feel the need to inject 'criminal' into every aspect of the question of an allowable or non-allowable payment. Its a non-sequitor. I dont have a fing clue what you are trying to make a point of here.
Quote:High visibility is not the issue. The issue is the purpose of the company. Mike Lindell's company sells pillows. If he dies or goes to jail, the business goes on. Troubling allegations about Mike Lindell might make them sell fewer pillows, but the company can still continue and likely still has orders to fill for years to come. If Trump loses the election because of an unsubstantiated allegation, the business is closed. Their job is done. Even if he runs again in 2024, I'm pretty sure that's a different tax ID/entity. It makes sense to me that you can't deduct criminal activity.
Do you have a clue where the payment deduction even occurred? You seemingly mix and match Trump campaign with the Trump organization. Cohen never received funds from the campaign. That is, the funds to pay Stormy as the strawman payor. Please stop your mixing and matching issues.
And, for the umpteenth time, when it comes to the deductibility of settlements, the key issue is whether the claimed action was somehow 'in connection with profit seeking activity.' And the tax courts have roundly rejected your 'well the reputation of the company is a stake that allows any and all settlements to be allowable.'
For the umpteenth time -- if the 'base action' of a claim, or a settlement of a claim, is 'in connection with profit seeking activity', it is allowable. Full stop. There is no flipping way that Trump porking Stormy is 'in connection with profit seeking activity.' And the basis of the action for the settlement resides *solely* with the allegation that Trump porked Stormy.
Quote:Quote:The second issue is whether the payment itself might violate another law. In the case of Trump - Cohen - Stormy -- yes, it implicates another law. A fact reiterated by people in that transaction being criminally culpable. And a fact reiterated when his other one that was 'quashed' by the tabloid was similarly found to be criminal in nature.
I don't know what 'other one' you're talking about... and if it was found to be criminal, why hasn't he already been arrested?
The campaign finance brouhaha with Cohen. On this transaction. The one where Trump is an unindicted co-conspirator. Ham, literally and respectfully, you are now making arguments where you admittedly know few of the facts.
Quote:Quote:Granted, my payment to Stormy would be perfectly legal. The problem is that to come to your conclusion you have seemingly left off a lot of pertinent and not so favorable facts to your set conclusion to buttress it.
As IMO have you. When given your facts, I am still not swayed.
Im sorry you did not know about the sexual harassment inclusion to the general rule. Thats your problem, not mine. Nor did you happen to know about the relationship between the two sets of charges -- just a lot of 'what ifs'. Nor have you even considered the contents of the Trump/Stormy NDA, then wave the 'they may not have done anything' card like the ultimate 'gotcha'.
Quote:Again, you can argue that I'm a Trumpbot, but that would only demonstrate to me that you too would be leaving off a lot of pertinent and not so favorable facts to your set conclusion to buttress it.
I havent said you are a Trumpbot, nor implied it.
What facts am I leaving off?
Quote:Quote:Quote:IN PART because I think most people who think like I do (not to mention 'Maga trumpians) think that Biden and CLinton and all sorts of other people have ALSO committed numerous felonies, and just gotten away with them because of who they are.
Got it. Just a more polished way of saying 'whadabout'.
Well honestly Tanq... the reason I keep saying that I think your personal opinions are being clouded is because you keep saying things like this and I find it insulting.
You are bringing up Clinton and Biden as an excuse or rationale for letting Trump slide. Apologies for pointing that out. I find that to be a thin rationale. What pertinence is Clinton and Biden, except for the proverbial 'they did it too'? I cant see a reason other than that to include it.
My solution is to charge all of them. Not wave a flag of rationale that 'they did it too', or 'their riot was worse'.
Edited to add:
Sorry I misinterpreted your 'other one' statement.
Trump had two payoffs. One to Stormy through Cohen. There was another Playboy/Penthouse chick that said shea nd Trump had an affair. Trump paid some tabloid to pay her off. The FEC specifically noted the actions by the tabloid to be criminal. As they did with Cohen. And in the Cohen indictment, Trump is an unindicted co-conspirator.
There is some grounds to try and hang a hat on the campaign finance charge re: Trump with those in mind.