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Trump's arrest.
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tanqtonic Offline
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Post: #61
RE: Trump's arrest.
Criminy -- making decisions every other day is chore for me at times -- 03-wink
03-22-2023 11:03 AM
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Hambone10 Offline
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Post: #62
RE: Trump's arrest.
(03-21-2023 08:01 PM)tanqtonic Wrote:  
(03-21-2023 05:54 PM)Hambone10 Wrote:  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'.

So the answer is 'no'. The 'Genesis' you're referring to is an allegation and assumption, not a fact.

Quote:
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.
Which is proof of nothing

You can't argue all this legalese and then ignore the lack of LEGAL FACTS that underlie all of your argument.

As you mentioned, all it takes is for one person to NOTICE that they haven't proven that ANYTHING happened. All they've proven is that 'whatever she was going to claim' would have been damaging to the election, just two months prior.

The timing is key here... she had a DECADE to report it and profit from it or whatever else her purpose was. She CHOSE to wait until the last minute.

Quote:Id suggest reading the NDA before engaging in raw speculation about it never happening.

I don't need to prove it never happened. You need to prove it did. Otherwise, there IS no 'Genesis'.

(03-21-2023 04:39 PM)tanqtonic Wrote:  
Quote: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.

Sexual harassment does not need to happen IN the workplace. Any corporate training on this issue would make that very clear.

Quote:
Quote: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.

I'm already clearly and repeatedly telling you that based on what's been presented, even by you... I would not vote to convict. Now, perhaps it would be presented differently to me and I would... I mean, if that is what the law says then that is what the law says. If trying to deduct something that is allowable in some instances but not in others is a CRIME rather than something that is simply disallowed and corrected, then I would argue that the law is just flat wrong there.

If NYC or any other jurisdiction can classify a 'difference of accounting opinion' (which is why I brought up the 'loads of case law') as a criminal act, then I don't see any business (nor individual) EVER accepting that. Talk about 'weaponizing the IRS'.

Quote:
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.
C'mon Tanq... That's precisely what has happened here. Settling an allegation - not AT ALL an accusation of a crime.

Quote: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.
Can you please show me where it says that in Lad's link? I didn't see anything like that.

Quote:See: https://corporate.findlaw.com/human-reso...enses.html

The example given here is a non-employee wife and a divorce case against a 'controlling interest' husband. Not REMOTELY on point. I mean, that's not even close.

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.[/quote]

No I did not. They characterized it as just what it was... a business decision to pay $X to avoid losing out on 5$X in profit because of an accusation.

Quote: Literally, you said in your example they lied about it, and insto presto it was allowed.
No I did not.

Quote:Your example only points out that it can be effective to falsely state the settlement as 'marketing cost.'
Positive PR and suppression of negative PR are essentially the same. I didn't provide an 'accountants designation'... I merely spoke about what group of people would most likely be tasked to carry out the activity.

Quote: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.
Because you're acting like there is no gray area of any laws... and of course not every situation is 'on point' with every other one... so an interpretation must be made, and you're making yours and acting as if it is the ONLY one possible. I don't agree.

I believe that the business of getting someone elected or crafting a for-profit 'image' is ABSOLUTELY a 'profit-seeking activity'. You don't, but that isn't in evidence that you are right and I am wrong. Every example you've given has NOT involved a situation where the purpose of the business was to promote an individual for profit/gain.

The NDA may be the deciding factor, but again, so too may be a criminal accusation. You're right that not all sexual harassment is criminal, but the statute Lad mentioned isn't deciding whether or not a crime occurred... it is merely the accusation of a crime. Stormy didn't accuse him of a crime (as she was seeking profit herself). Stormy merely offered a potentially embarassing story to a third party. Trump the individual wouldn't be harmed by the story. Trump the political candidate would be.

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.
[/quote]
Technically it wasn't an affair, but a business transaction for Stormy. You may not agree with that, but it is not an unreasonable argument. Also, I don't see that it has been proven/decided by a court or by a criminal accusation that the event even happened exactly as she said it.

I'm tired of disagreeing with you that 'protecting the candidate from an embarassing story' isn't a profit seeking activity.

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]

from 2018 ABC news
The statement, filed in Central California federal court, says that Trump has "never taken the position that he was a party" to the NDA with Daniels, whose real name is Stephanie Clifford. All of the parties agree that Trump never signed the settlement agreement, according to the filing, which Daniels is seeking to invalidate.

“Mr. Trump does not, and will not, contest Ms. Clifford’s assertion that the settlement agreement was never formed, or in the alternative, should be rescinded,” the filing says. “Moreover, Mr. Trump covenants that he will not bring any action, proceeding or claim against Ms. Clifford to enforce any of the terms of the settlement agreement.”

That sort of circumvents the idea that there was a valid NDA in place, making the expense fit more closely Lad's exception that you seem to support.

Thank you for making me search for it. I couldn't find the text of it, but I did find this.


Quote: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.

'seems to indicate' is proof of nothing.

Quote: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.

No. The fact that there was no valid NDA is the focus... as is the fact that ALL SORTS OF THINGS could

She wasn't merely accusing him of an affair. Nobody saw Trump as some sort of bastion of virtue. The salaciousness of the accusations, of which no proof has been shown that I'm aware of... I've heard rumors of golden showers and all sorts of other things was the focus. Trump paid a porn star for sex in 2006 wouldn't have moved the needle for anyone.

Quote: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.

Your 'hop and skip' is your interpretation of what my movie people did. I never said that... and again, you may be satisfied that it is not a proper business expense, but you aren't the judge nor jury in this action. I disagree, and I am not a Trumpist.

Quote: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.....

Ok, so what? This is the sort of comment that makes me wonder if you can be objective as it has nothing to do with anything I've seen... other than you suggesting that there was an easier way to 'cover it up'.

Quote: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.

Because the NDA was apparently rendered moot, making it allowable if that was the burden that needed to be cleared... not only that, but it isn't my or the juries job to prove that it didn't happen... It's the prosecution's job to prove that it did.


THAT is what my defense of him in this instance is based on... and nothing more.


Quote: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.'
[/quote]

There is nothing in lad's link that says anything about the sexual harassment being connected to a profit seeking activity. I can't even imagine how that would be the case in any regular company. 'I had to objectify my secretary in order to sell more widgets, your honor.'

Quote: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.

Your 'in that sense' is not what any HR person has ever told me or anything I've learned through my training.... and I agree... settlements (not activities, but the settlements of that activity) that do not have a genesis in an activity of the business are not deductible. The activity of this business is getting him elected... and an activity of that business would be to fight, downplay and correct allegations that would be damaging to that activity... as they deem necessary. Some rumors and accusations, they did nothing about.

Quote: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.

Because marty is not a representative of the company. The accusation is not in any way a threat to the business.

I guarantee that Subway was able to deduct the expenses they incurred in firing, downplaying and disassociating themselves from Jared... whose actions had nothing to do with the business... but absolutely were an embarassment to them. And Jared was only the 'face' of Subway... he wasn't the 'product' that was being 'sold'.

Quote:You said above it was part of a 'marketing campaign'. That is not the same as a settlement for the 'actor "doing something" '. JFC.

Technically I said 'marketing' campaign... meaning that it was a version of 'marketing'... something 'marketing' people would most likely engage in.... and not some sort of 'let's just call it marketing' attempt to hide.

Quote: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.

Because criminal is obviously worse than non-criminal... and if they allow it AT ALL for criminal acts, then it isn't unreasonable to expect that they allow it EVEN MORE for NON criminal acts.

The 'deductible' comment is alluding to something OO said. Why is 'being wrong' about how something should be classified a crime and not merely a disallowed deduction. Put the number back in and charge him the taxes plus interest and penalty. Tying it to a crime that then becomes a misdemeanor seems a GROSS over-reach.
Quote: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.

While this may invalidate something I postulated, it is NOT my job to disprove this case. It is their job (and you have mostly taken up the mantle) to prove it.

Quote: 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.'

I don't appreciate you putting something I never said... 'any and all settlements' in quotes and attributing that to me. I don't think that is fair nor constructive. Its an argument in the absurd.

Quote: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.
I disagree with you... and you haven't proven your case, counselor. The basis of the action for the settlement in MY opinion resides *solely* in the timing and damage that the allegation would have done to the election.... which is absolutely a profit seeking activity.

Quote: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.

BECAUSE ITS NOT MY JOB TO MAKE THE ARGUMENTS YOU'RE DEMANDING I MAKE!!!

PRESUMPTION OF INNOCENCE!!

Quote:
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.

Rude, untrue and uncalled for.

Quote:{Nor did you happen to know about the relationship between the two sets of charges -- just a lot of 'what ifs'.
because the second charges that turn this misdemeanor into a felony rely first on the misdemeanor, which IMO has not been proven/there is clear room for people who are NOT Trumpists to find him not guilty and think that the DA has taken something that should have been corrected by a disallowance and interest into a 'crime'.

Quote: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'.
It's not my/the juries job to consider them... It's your/their job to prove it. 'reasonable doubt' doesn't take much.... and thanks to you, I have learned that Trump was not a party to the NDA, did not sign it and had no intention of seeking to enforce it.... so how is it 'personal'??

Again, if you have the nuts then provie it in court and fine, you win. You have suggested that the first part of this is a slam dunk... and I do not see that. CRIME seems to involve PROOF of intent to defraud... and given the public nature of the allegation, the NDA and the payment... even though they TRIED to keep it quiet... sort of makes the 'intent to defraud' claim obviously false.

Quote:I havent said you are a Trumpbot, nor implied it.

Sure you have... by claiming that he might walk because of so many Trumbots. He might ALSO walk by people like me tired of governments being capricious in terms of whom they go after and whom they don't... political enemies, people of color, businesses who engage in LEGAL services that they don't like etc etc etc. I've said that numerous times and you keep ignoring it and repeating that it would be because of Trumpbots.

You sort of even do that here...

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.[/quote]

I did nothing of the sort. I'm noting the capricious enforcement... Apologies for pointing that out. I find 'Trump is guilty' to be thin rationale for prosecuting HIM, IF the same rationale is not applied to Clinton and Biden. I can't see a reason other than that to exclude it.

Quote:My solution is to charge all of them. Not wave a flag of rationale that 'they did it too', or 'their riot was worse'.
I don't disagree... but that isn't what is happening now, is it.... by your own admission.

You've ASSUMED that I don't want Trump prosecuted... when I've repeatedly said that he's a horrible person and likely stepped across the legal lines thusands of times... and yet BECAUSE of the capricious enforcement and 'them' getting away with it so much.... here we are reduced to having to have a 'perfect prosecutorial storm' in order to get him on 'criminal tax evasion'.

Quote: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.

Sure, there is some grounds... as there are here...

My issue isn't that Trump 'didn't do this'.... My issue is that he's done vastly worse and despite spending billions and having an extremely unlikable convict and an extremely politicized prosecution, this is the 'best' they can get him on.

I don't really care if Trump did ot or not... and we've had this discussion before... What I care about is fixing the system where SOME people can get away with this AND VASTLY MORE... while others don't get away with shoplifting a loaf of bread.... and if Trump (and Biden etc etc etc) get(s) to walk in order to fix the system, I'm okay with that. THAT is how important 'fixing the system' is to me... and some others who agree that the system needs to be fixed (on both sides) would only be okay with 'fixing it' if Trump (or Biden or whomever) go down.

Get me or someone like me on that jury and Trump probably walks. NOT because he should win, but because selective prosecutors shouldn't.
03-22-2023 11:48 AM
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RiceLad15 Offline
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Post: #63
RE: Trump's arrest.
What was Al Capone final caught and charged for again?
03-22-2023 12:13 PM
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tanqtonic Offline
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Post: #64
RE: Trump's arrest.
Ham --

Im going to break up my response in pieces -- there are a huge amount of branches that you are intermixing.

First one is the the 'deductible or not'.

The basis of whether a settlement is deductible or not goes to the genesis of the activities in the claim. Full stop. No matter if it happened, if it happened on Mars, was criminal in nature as well as civil, was harassment, or was over an outside sexual tryst.

It is a pretty simple test. Look at the underlying activity of the claim that is being paid. If it is personal in nature -- not deductible. If it is business in nature -- it is.

The courts have delineated that pretty long and hard in the harassment thingy that you keep harping on. If the dude (coworker, boss) grabbed her ass in the office -- in the course of business. If he licked her neck when they (coworkers) saw each other at the park -- not in the course of business. If he licked her neck at the park (boss) -- that employee boss relationship shifts it to the 'in the course of business.'

Wash, rinse, repeat to whether it happened or not.

Note that the focus is the activity in the claim. Not the effects to the business. Not the pie in the sky 'whether it happened or not' thingy that you wave as some proof of something.

The activity in the claim is the test. Nothing else.

If the boss *didnt* grab her ass --- still it falls into the business deduction because the activity *in the claim* is one that falls in the course of business (in the office, her boss).

Harassment is a very complex mix, that you seemingly willy nilly plop over unadulterated lock, stock, and two smoking barrels into a claim that is based *solely* on consensual sexual activity. Whether the sex happened or not, the *claim* is that it happened.

There is no flipping reason on earth that an agreement on a claim of the root activity of consensual sex acts, outside of any workplace setting, is deductible by any entity. Period. Full stop. Note the term 'on a claim of' and the activity that follows. This holds even when the guy is a famous pillow maker, has Orange Hair and TV show, with or without and NDA (at that time), or whether the allegor bedded was RuPaul.

Next, the reclassifying of the payment for that non-deductible claim as another service is illegal. In NY there is actually a specific criminal code for that. As a perfect example, your studio, had they been found to be reclassifying the hush money for 'something bad' to a 'marketing charge' (as you said it was) would be violative of that portion of the NY criminal code had it a nexus to NY.

But please stop with the rabbit trails down 'if it happened'. Not germane. The *only* question is: would Trump shtuffing Stormy be something that occurred in the course and pursuit of a profit-making activity. Period. Full stop.

Honestly, even *if* the question of 'if it happened' were germane, it is not -- the stuff listed in the NDA seems to indicate that it did. But again, it does not matter that it did or not. The only issue is the activity in the claim.

Quote:I disagree with you... and you haven't proven your case, counselor. The basis of the action for the settlement in MY opinion resides *solely* in the timing and damage that the allegation would have done to the election.... which is absolutely a profit seeking activity.

Then only question is *what is* the activity in the *claim*? Not when it is signed, nor its ramifications, nor why it might be good for a goal. What is the activity that is being claimed by Stormy, and what is subject of the settlement? You keep mixing and matching other brightly colored insects about *why* the settlement was important.

That is, what activity is Stormy being precluded from talking about? *That* is the activity that serves as the root basis of the *claim*

You studiously keep reinterpreting the activity in the claim to why you think it might be a good idea to have the claim in place.

The claim resides solely in the subject of Stormy and Trump (allegedly) boffing. That is the test. That activity is the *only* focus of the test of whether the issue is deductible or not. If you think Trump screwing Stormy is an activity done in the course of business, well..... have fun with that one....
(This post was last modified: 03-22-2023 12:56 PM by tanqtonic.)
03-22-2023 12:16 PM
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tanqtonic Offline
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Post: #65
RE: Trump's arrest.
(03-22-2023 12:13 PM)RiceLad15 Wrote:  What was Al Capone final caught and charged for again?

How dare that happened... the sheer injustice. They chased him for years.
(This post was last modified: 03-22-2023 12:56 PM by tanqtonic.)
03-22-2023 12:17 PM
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tanqtonic Offline
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Post: #66
RE: Trump's arrest.
Ham ---

Quote:Rude, untrue and uncalled for.

Blunt. You are charging down an alley that has only tangential bearing to the matter being discussed. It gets tiresome.

You consistently say 'they deduct for harassment, they should deduct for Stormy sex'.

Its not that easy. And quite honestly, I may not have been as precise and on point in describing the test as I should have. On the other hand, you seemingly fixate on a 'ramification to the corporation' test -- which is *not* the issue. And 'whether it happened'. Again, not a germane issue. The only issue is 'it' from the preceding sentence before last -- the activity that is the root of the claim.

Ive outlined the issue above. And the nuances of harassment (which arent even an issue here, let alone a flawed extrapolation of that from you) dont even come into play in this instance. I've tried to outline above how those nuances play into the general test.

The general test boils down to 'is the activity at the genesis of the claim, an activity done in the pursuit of profit making activity.' The activity of the claim resides in Stormy and Trump doing the nasty. And an NDA and a turnover of personal property agreement based *on that* activity.

Lad -- shame on you for providing a bad example in a somewhat related field, that led to a really bad extrapolation and descent into a rabbit hole from Ham. [/sarcasm]
(This post was last modified: 03-22-2023 12:58 PM by tanqtonic.)
03-22-2023 12:42 PM
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tanqtonic Offline
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Post: #67
RE: Trump's arrest.
Quote:
Quote:I havent said you are a Trumpbot, nor implied it.
Sure you have... by claiming that he might walk because of so many Trumbots.

The fact that he might walk because of a Trumpbot on the jury has zero indicia relating to you, let alone any particular person.

It is, on its face, solely a statement that I think there is a more than decent chance that a Trumpbot will make the jury, and at the very least hang a verdict. I think you are being a tad oversensitive to that statement.
03-22-2023 12:46 PM
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tanqtonic Offline
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Post: #68
RE: Trump's arrest.
Quote: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.'

Quote:I don't appreciate you putting something I never said... 'any and all settlements' in quotes and attributing that to me. I don't think that is fair nor constructive. Its an argument in the absurd.

Your test as to whether a settlement benefits the corporation being the guide to being deductible or not boils down to precisely that. My apologies on the quotes. The paraphrase and end result of your rationale, though, is precisely that which resides in the quotes.
03-22-2023 12:53 PM
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Owl 69/70/75 Offline
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Post: #69
RE: Trump's arrest.
I may be the only person in the country who feels this way, but I am pretty much ambivalent about Donald Trump. I'm not defending him, I'm attacking his attackers.

And Tanq, that's what I don't understand about your position. Do you honestly believe that the likes of Schiff and Strzok and the others are simply honest public servants doing their constitutional duties? Or do you believe that Donald John Trump is such a despicable human being that Gestapo-like tactics in total violation of all constitutional protections are warranted if necessary in order to get rid of him? Or do you believe something else that I don't understand?

What I see is that 7+ years of "show me the man and I'll find you a crime" has produced what may or may not be indictable as what may or may not be a felony or misdemeanor or no crime at all. To see Donald Trump indicted while Hunter Biden walks free is to me the grossest possible miscarriage of justice by a national law enforcement and security bureaucracy run completely amok.
03-22-2023 12:53 PM
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Post: #70
RE: Trump's arrest.
(03-21-2023 08:07 PM)tanqtonic Wrote:  
(03-21-2023 06:23 PM)Hambone10 Wrote:  Tanq... let me sum this all up in much simpler terms....
The fact that it takes someone as RECKLESSLY bad as Trump to finally get charged with a misdemeanor that if you hold just right, can actually have some impact is an incredible indictment of our system. I want to fix that system.... and while certainly, Trump would go down more easily/never rise to power in the first place under a better system, I'd make sure that people like Pelosi, Biden and dozens of others on both sides of the aisle never did either.
I have zero issue with the above.

So why do you focus so intently on the alleged improprieties of Trump, while glossing over the improprieties of Biden, Pelosi, Schumer, and DOJ, FBI, and CIA?

Hypothetical. Suppose you have a defendant who has confessed to murder, but the confession came after he should have been but was not properly Mirandized, and the murder weapon--the only other evidence--was mishandled by the police and proper custody not maintained. Our system says the perp walks, because we are more concerned about maintaining the integrity of the process than about making sure every criminal is prosecuted successfully. I don't understand why you are so concerned with Donald Trump's misdeeds, which may or may not rise to the level of crimes, and so uncritical of the obviously badly flawed process.
03-22-2023 01:01 PM
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RiceLad15 Offline
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Post: #71
RE: Trump's arrest.
(03-22-2023 12:42 PM)tanqtonic Wrote:  Ham ---

Quote:Rude, untrue and uncalled for.

Blunt. You are charging down an alley that has only tangential bearing to the matter being discussed. It gets tiresome.

You consistently say 'they deduct for harassment, they should deduct for Stormy sex'.

Its not that easy. And quite honestly, I may not have been as precise and on point in describing the test as I should have. On the other hand, you seemingly fixate on a 'ramification to the corporation' test -- which is *not* the issue. And 'whether it happened'. Again, not a germane issue. The only issue is 'it' from the preceding sentence before last -- the activity that is the root of the claim.

Ive outlined the issue above. And the nuances of harassment (which arent even an issue here, let alone a flawed extrapolation of that from you) dont even come into play in this instance. I've tried to outline above how those nuances play into the general test.

The general test boils down to 'is the activity at the genesis of the claim, an activity done in the pursuit of profit making activity.' The activity of the claim resides in Stormy and Trump doing the nasty. And an NDA and a turnover of personal property agreement based *on that* activity.

Lad -- shame on you for providing a bad example in a somewhat related field, that led to a really bad extrapolation and descent into a rabbit hole from Ham. [/sarcasm]

How dare you! /s

I've said repeatedly that this forum is not the best method for communicating. Generally, that's been when Ham and I were having a back and forth akin to this (but with more ad homs on both sides).

It's too dang hard to really dig into things and communicate the important nuance critical to the gist of the argument, especially when there is disagreement.
03-22-2023 01:03 PM
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tanqtonic Offline
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Post: #72
RE: Trump's arrest.
(03-22-2023 12:53 PM)Owl 69/70/75 Wrote:  I may be the only person in the country who feels this way, but I am pretty much ambivalent about Donald Trump. I'm not defending him, I'm attacking his attackers.

And Tanq, that's what I don't understand about your position. Do you honestly believe that the likes of Schiff and Strzok and the others are simply honest public servants doing their constitutional duties? Or do you believe that Donald John Trump is such a despicable human being that Gestapo-like tactics in total violation of all constitutional protections are warranted if necessary in order to get rid of him? Or do you believe something else that I don't understand?

What I see is that 7+ years of "show me the man and I'll find you a crime" has produced what may or may not be indictable as what may or may not be a felony or misdemeanor or no crime at all. To see Donald Trump indicted while Hunter Biden walks free is to me the grossest possible miscarriage of justice by a national law enforcement and security bureaucracy run completely amok.

Then maybe you and I work or help placing Hunter in the cross hairs, instead of your now current action of 'attacking DJT's attackers'?

Im all for an equal application of justice. At this juncture, ignoring because another got ignored is a slippery slope that really sucks.

And ignoring because another was ignored actually works against the application of justice in the long run equally as bad. Maybe worse.

At least Im laying down the tone of 'Im tired of non-prosecution, we need to start.' Otherwise, we will be nothing more than a nation of toxic 'whadabouts', that slide further into the toxic whadabout abyss.

With respect to Trump -- fk him. He decided to take a massive open dump on the Constitutional process in a fairly explicit manner. Yet seemingly there are a bunch of people that cant even bother to note that -- even in the slightest.

He kind of reached the full stature in real with his Big Cheat crap that culminated in 1/6 with what all the made up **** tried to do before. Impressive Ive got to say.
03-22-2023 01:10 PM
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Hambone10 Offline
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Post: #73
RE: Trump's arrest.
(03-22-2023 09:55 AM)tanqtonic Wrote:  
(03-22-2023 09:11 AM)Hambone10 Wrote:  
(03-21-2023 08:07 PM)tanqtonic Wrote:  
(03-21-2023 06:23 PM)Hambone10 Wrote:  Tanq... let me sum this all up in much simpler terms....

The fact that it takes someone as RECKLESSLY bad as Trump to finally get charged with a misdemeanor that if you hold just right, can actually have some impact is an incredible indictment of our system. I want to fix that system.... and while certainly, Trump would go down more easily/never rise to power in the first place under a better system, I'd make sure that people like Pelosi, Biden and dozens of others on both sides of the aisle never did either.

I have zero issue with the above.

Then quit arguing the case for 'the system'

If EVERYTHING YOU SAY IS TRUE then EVERYTHING YOU"RE DEFENDING NEEDS TO BE CHANGED

I am asking for change. Im one of the few people here that think Hillary should have been charged, Hunter seriously investigated, and Trump should have been impeached then charged with a variety of 1/6 issues.

I think I am the only rightie here that says 1/6 and the summer of 2020 were both riots, and the only rightie here that doesnt excuse the 1/6 riot because it was smaller, less destructive, more people taking selfies, or whatever the fing metric is of a riot.

I think I am the only rightie here to both agree that Hilalry, Steele dossier, and Mueller were despicable -- and dont use that as a justification for Trump's horrendous actions prior to 1/6 and his despicable nonfeasance during the 'not so many fires, less violent, more people taking selfies' riot of 1/6.

The message that seems to emanate from the right here is how horrible it is I have the opinion I do when the others havent been charged.

Interesting, isnt it?

I agree with all of this.... and I think you'd be surprised that most everyone else on here (other than Good and NOBODY on the Spin Room) probably feels similar.

IMO, Trump exists/was successful BECAUSE of how we treated all of those before him.... and that it isn't right/fair/just to allow all of those before to walk and then crack down on Trump... NOT because he doesn't deserve it... but because the only real difference is that Trump isn't telling you it's raining. He's just pissing in our collective boots.

The ONLY reason I put Trump as indifferently less culpable is that until now 6 years ago, he was not in a position to CHANGE anything... so why is it as incumbent on him to do in 4 years what Biden didn't do in 50?? I hold them both to task, but Biden could have stopped this decades before Trump... and if he does HIS job, we never GET Trump.

So the way I see it, we have the corrupt system and those who created it going after the guy who made it so obvious that ANYONE could see it...and took the most advantage of the system they set up... who are certainly interested in prosecuting him, but not at all interested in fixing it.... in large part because they WANT 'certain people' (including them) to be able to take advantage of it.

Prosecuting Trump without fixing the system just pushes us further down this disfunctional road.... and the only reason I bring up Biden when we're discussing Trump is that most of those who prioritize 'getting' Trump without fixing the system would not support 'getting' Biden... and that is what causes many on the right to not support fixing the problem (and the same could have been said in reverse at other times/with other Congresses and White Houses)

I want the problem fixed and I don't care if Trump and Biden go down as a result of it.... because Trump took advantage of it, and Biden created it it seems specifically SO that people like Trump (and himself) could take advantage of it. Taking Trump down alone doesn't fix the system. It protects the system.... because it makes it arguable that 'only Trump' would 'not pay his fair share of taxes' or 'try and take deductions that are not allowed' or 'have classified documents that they shouldn't have' etc etc etc.
(This post was last modified: 03-22-2023 01:17 PM by Hambone10.)
03-22-2023 01:16 PM
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Hambone10 Offline
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Post: #74
RE: Trump's arrest.
(03-22-2023 01:10 PM)tanqtonic Wrote:  Then maybe you and I work or help placing Hunter in the cross hairs, instead of your now current action of 'attacking DJT's attackers'?

So... whatabout?? 03-lmfao
03-22-2023 01:19 PM
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Hambone10 Offline
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Post: #75
RE: Trump's arrest.
(03-22-2023 12:13 PM)RiceLad15 Wrote:  What was Al Capone final caught and charged for again?

Because he bought off all the local judges and politicians were complicit in/enabling his crimes

The similarities go WAY beyond that. Putting Capone in jail didn't stop the same crimes he SHOULD have been convicted of from happening. The end of prohibition, RICO laws and changes to gaming laws did.
03-22-2023 01:23 PM
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Owl 69/70/75 Offline
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Post: #76
RE: Trump's arrest.
(03-22-2023 01:10 PM)tanqtonic Wrote:  Then maybe you and I work or help placing Hunter in the cross hairs, instead of your now current action of 'attacking DJT's attackers'?

DJT's attackers are not going to put Hunter in the cross hairs, no matter what you or I do, because they lack sufficient honesty and integrity to be unbiased public officials.

I don't have strong opinions about DJT either way (and may be the only person in the country without them). If anything, I think the best outcome might very well be a successful criminal prosecution, because I really don't see any way to a republican victory in 2024 without taking him out of the picture, and I am entirely doubtful that the USA can endure four more years of democrat rule and remain a viable, livable country. I honestly don't see Venezuela as lying very far down the road where democrats are leading us.

I am far more worried about the honesty and integrity of our law enforcement and national security bureaucracy than I am about whether and how DJT paid off Stormy Daniels.
03-22-2023 01:23 PM
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tanqtonic Offline
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Post: #77
RE: Trump's arrest.
(03-22-2023 12:53 PM)Owl 69/70/75 Wrote:  I may be the only person in the country who feels this way, but I am pretty much ambivalent about Donald Trump. I'm not defending him, I'm attacking his attackers.

And Tanq, that's what I don't understand about your position. Do you honestly believe that the likes of Schiff and Strzok and the others are simply honest public servants doing their constitutional duties? Or do you believe that Donald John Trump is such a despicable human being that Gestapo-like tactics in total violation of all constitutional protections are warranted if necessary in order to get rid of him? Or do you believe something else that I don't understand?

What I see is that 7+ years of "show me the man and I'll find you a crime" has produced what may or may not be indictable as what may or may not be a felony or misdemeanor or no crime at all. To see Donald Trump indicted while Hunter Biden walks free is to me the grossest possible miscarriage of justice by a national law enforcement and security bureaucracy run completely amok.

I see a number of years of 'find me the man, Ill find a crime for Trump' -- which culminated in 1/6 in which he actually, imo, met their expectations.

Trump went off the deep end in two different areas, imo, and gave his critics a perfect example of the caricature that they attacked for 5 years, but a real set of examples in real life.

Seriously.

Lets put this in perspective of an example involving the r-tard level folks in the Spin Room who continuously attack me as 'prog filth'. Say they call me that for five years, then at some point in time I profess my undying love and support for complete confiscation of all wealth above 30k.

That is the Trump thing. They attacked spuriously on various issues -- Mueller, Russia, Ukraine, emoluments clause, yada yada yada.

Then at the end of play, Trump turns out to behave in the exact grotesque manner that he was spuriously attacked for for 5 years. Sorry, I dont give DJT quarter or a make up call for his **** on 1/6.

As for MAL, I do not see the giant conspiracy to nail DJT. He fked up all on his own accord there.

I found the recent ruling by Judge Howell piercing DJTs atty client privilege rather insightful to the man. Did you get a chance to read it? Good stuff there.

The problem is that the process on MAL has been above board from what I see. And I dont accept the rationale of the continuous cry of 'russia' and 'Ukraine' and 'Steele dossier' and 'spurious attack on impeachment #1' as rationale as to the process of MAL. Nor am I in a mood to accept any form of whadoutism from any side as a rationale at this point.

Whadabout that? 03-wink
03-22-2023 01:29 PM
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tanqtonic Offline
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Post: #78
RE: Trump's arrest.
(03-22-2023 01:16 PM)Hambone10 Wrote:  I agree with all of this.... and I think you'd be surprised that most everyone else on here (other than Good and NOBODY on the Spin Room) probably feels similar.

Funny, I just posted using a Spin Room analogy not knowing you had made Spin Room reference.

Lets just hope no one types that name a third time -- awww....... **** -- I just did that didnt I?

Yeah, tell me about the attitude in the spin room towards my point of view, why dont you....
03-22-2023 01:35 PM
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Hambone10 Offline
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Post: #79
RE: Trump's arrest.
(03-22-2023 12:42 PM)tanqtonic Wrote:  Ham ---

Quote:Rude, untrue and uncalled for.

Blunt. You are charging down an alley that has only tangential bearing to the matter being discussed. It gets tiresome.

FIne.. I find it tiresome for you to defend a system that although you see this as a laydown based on the facts, can be so easily defeated. We don't agree on what the 'mater being discussed' is.... and you simply won't accept that.

Quote:You consistently say 'they deduct for harassment, they should deduct for Stormy sex'.
And you keep misrepresenting what I said. That's also tiresome. I consistently say that I don't see 'Stormy sex' as being the genesis.... since as in my example of 'gay sex', its not a question of a legal or illegal act... but instead ONLY the question of whether or not it impacts voters.... which didn't begin with the act, but perhaps with the filing to run for President.

You're entitled to disagree with me, but you're not entitled to misrepresent what I'm saying and then disagree with that.

Quote:Its not that easy. And quite honestly, I may not have been as precise and on point in describing the test as I should have. On the other hand, you seemingly fixate on a 'ramification to the corporation' test -- which is *not* the issue. And 'whether it happened'. Again, not a germane issue. The only issue is 'it' from the preceding sentence before last -- the activity that is the root of the claim.

Whether or not this IS the law, I disagree that it SHOULD be the law. The ramifications to the company are the reason they might or might not pay. I can't think of an example where a company might have a financial interest in not having an embarassing story be revealed in time for some singular determinate event like an election without time to build a counter or defense... where it might be a better business decision to keep it quiet than to fight it, and no allegations of illegality are involved, but neither can you.

I think those specifics are enough to let ME consider allowing it as a reasonable use of corporate funds... and also 'different' enough that I don't think the laws you're quoting anticipated such a thing when they were written.

You can disagree, but that doesn't make me wrong.... especially if I'm on the jury... which is REALLY what my objection to your comments is. You've repeatedly said, only a Trumpbot doesn't convict him.... and I disagree with (and am 100% PROOF of) that.


Quote:The activity of the claim resides in Stormy and Trump doing the nasty. And an NDA and a turnover of personal property agreement based *on that* activity.
without agreeing with your premise....

And the fact that Trump was not a party to that NDA nor would he seek to enforce any part of that doesn't change your position? Is the NDA even valid anymore or ever or at all?

It seems to me that (using Lad's link) if a company gets someone to sign an NDA and they breach and make those details public (as it seems has happened here) then the previously non-deductible expense BECOMES deductible. Does it not to you??

Again, I'm not trying to convince you that I'm right. All I'm trying to demonstrate is that there are people who could be against this prosecution who don't have 'protecting Trump' anywhere near the top of their priority list. There COULD be people who are simply interested in 'equal protection under the law' as well as no 'rules for thee, but not for me'....

edit to clarify... I'm not against his prosecution... I'm just against putting literally HUNDREDS of millions of dollars and perhaps TRILLIONS of man and media hours into the prosecution of one individual for what will end up being TRIVIAL acts that MIGHT put him in jail for 4 years, but won't stop him or anyone else from doing it going forward.

So what is the real point, other than to stop Trump from getting elected?
(This post was last modified: 03-22-2023 01:54 PM by Hambone10.)
03-22-2023 01:48 PM
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Post: #80
RE: Trump's arrest.
(03-22-2023 01:29 PM)tanqtonic Wrote:  As for MAL, I do not see the giant conspiracy to nail DJT. He fked up all on his own accord there.

As probably the only person on here who as ever held a Top Secret clearance with SIOP-ESI access (meaning I had access to the nuclear launch codes), here is my take on M-a-L:

Number one, I am quite certain that he did nothing that has not been standard operating procedure for decades. Any politician who has written memoirs has taken classified material with him/her wen e/she left office. There is no way to write memoirs without doing so.

Number two, I have yet to see any evidence that DJT had any personal involvement in the decision of what items to pack up and move to M-a-L. Without that I see no way to find him guilty of somebody else's doings.

Number three, and this is the biggie, the seriousness of security violations is directly proportional to the likelihood that they exposed sensitive information to enemies. At M-a-L, behind locked doors and with secret service personnel on guard 24/7/365, the likelihood of such exposure is virtually nil. Storing such information on Hillary's hackable non-secure server or in Joe Biden's garage where Hunter, among others, clearly had access, on the other hand, constitute situations where exposure to bad or disreputable people was somewhere between highly likely and almost certain. I said before, if I had done what DJT did back when I held a TS, my boss would have chewed my ass out and told me not to do it again. If I had done what Hillary or Biden did, I would have gone to Leavenworth for 20 to 40. You can quote statutes to me all day long, but I'm telling you how it works in the real world.

All I am asking is that the same rule be applied with equal vigor to everyone. There's no way that you can formulate an equitable rule whereby Hillary and Hunter/Joe walk but DJT is prosecuted. I'm fine with prosecuting DJT as long as you also prosecute Hillary and Hunter/Joe. I'm less fine with letting them all walk, but as long as the rule is applied equally, I can live with it.

My problem is that the situation as we now have it pretty much proves a level of dishonesty, fraud, and corruption among our highest law enforcement and national security bureaucrats that I see as a much bigger threat than anything DJT has done or been accused of doing.
03-22-2023 01:50 PM
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