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-   -   Patting the wrists, rolling the eyes. (http://www.lawtalkers.com/forums/showthread.php?t=661)

Hank Chinaski 04-13-2005 05:36 PM

Quote:

Originally posted by Tyrone Slothrop
http://www.humorweb.no/bilder/dyr_dog_relax.jpg
no. More like---

http://www.dogbreedinfo.com/art/Read1Art.jpg

[No, more like this. -- T.S.]

Mmmm, Burger (C.J.) 04-13-2005 05:51 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Sidd Finch
If I type "Fire sale" slowly, will you get it?

A sale driven by the need to pay taxes causes fire sale.
.

I;ll get it and tell you you're all wet. First off, taxes aren't due until at least 9 mos. after death. If you have a normal house, you can sell it in far less time without fire sale pricing. Second, when heirs sell houses in most instances they just want to get rid of it and liquidate it. Call it a fire sale if you want, but it's not. It's a rapid liquidation because there's no desire to keep the house but do want their inheritance so they can buy the G.I. Joe with the Kung-Fu Grip. Third, if they have to sell to pay taxes, why not get a mortgage like most people? If the house is subject to mortgage, well that will net out of the estate. So for joe average, your point doesn't hold.

Now, if you're generalizing your experience with a business to joe average, go ahead. But I don't see how you can. So you dealt with a family business that didn't do estate planning. Well, it cost them not to talk to Wonk first. But you've moved from joe averge homeowner to ill-planned family business more quickly than you fairly can.

c2ed 04-13-2005 06:03 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Dunno how he defines his terms, but here areactual/projected spending on entitlements from 2004-10

_
According to the GAO, the current projection (as of March 4, 2005) for Part D net spending on prescription drugs is $593 billion from 2004-2013, and $258 billion from 2014-2015.

Scarily, I did not Google this. It's part of something I was working on today.

Spanky 04-13-2005 06:47 PM

Quote:

Originally posted by Tyrone Slothrop
BOLTON: ... you're ducking the key point that the commander in chief has to decide upon before putting American troops into a combat situation. We are now at war with Serbia. And the president has to be able to justify to himself and to the American people that Americans are about to die, or may well die, for a certain specific American interest.

O'REILLY: And I think the American military people over there understand that because of the status of America as the superpower policeman of the world, which we are whether we like it or not, there are some situations where we will have to put ourselves at risk for a long-term objective. And that long-term objective is basically not letting butchers like Milosevic run around and do what they want with impunity while we have the power to stop it.[/list]
via War and Piece
This guy is not a true NeoCon and a closet liberal. He should not be our representative at the UN.

Spanky 04-13-2005 06:51 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
i'd say the same thing about the iraq war. Anything's boring after 100 posts.

Are the arcana of tax issues interesting? No--Club should just go learn how the estate tax actually functions before wonk has to explain it all. But personally, it seems to me there's a legitimate, and highly important policy/politics question of how we go about raising revenue to keep supporting all of the dems' social programs.

Maybe I didn't spend enough time there, but the old PB always struck me like one of those call-in shows, with al franken and rush limbaugh both responding.
I have to agree with Hank. I don't mind reading a lot of posts about the war in Iraq. But tax policy is boring.

Spanky 04-13-2005 07:01 PM

WWJD About The Estate Tax?
 
Quote:

Originally posted by Sexual Harassment Panda
Ah, one of my favorite Biblical verses. Anyone know the numbers on Pat Robertson's personal fortune? How about Randall Terry? Jimmy Joe Jack Dobson? Tom DeLay? Heck, I understand our current born-again President's worth a few millions from his stadium deal...
If you look at the whole world, a congressional salary puts you safely way in the rich catagory. I think anyone who posts to this board is in the rich catagory also. If you are making over thirty thousand a year you better be giving most of it a way, or you are going downstairs with me. Hey - it is only for an eternity.

Tyrone Slothrop 04-13-2005 07:03 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Spanky
I have to agree with Hank. I don't mind reading a lot of posts about the war in Iraq. But tax policy is boring.
Boring:
  • In 1992, when heirs to the Mars Inc. fortune joined a few other wealthy families to hire the law firm Patton Boggs LLP to lobby for estate tax repeal, the joke on K Street was that few Washington sightseers had paid so much for a fruitless tour of the Capitol.

    Today, the House is expected to vote to permanently repeal the estate tax, moving the Mars candy, Gallo wine and Campbell soup fortunes one step closer to a goal that once seemed quixotic at best: ending all taxation on inheritances.

WaPo

Shape Shifter 04-13-2005 07:07 PM

Google is a wonderful thing.
 
Quote:

Originally posted by sgtclub
Perhaps. But with all of the misrepresentation that goes on with names of groups/centers etc., I've become very suspicious.
The well funded ones are all right wing.

Spanky 04-13-2005 07:09 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
See, I was spotting you teh $1m exemption. If the tax is an efficient one, and you make a cogent argument that it is (indeed, it is unavoidable and therefore does not create inefficiency, other than the timing of spending). So, I'd say no exemption, 50% all around. Drop the income tax accordingly.
Sounds good to me. When do I get my refund?

Mmmm, Burger (C.J.) 04-13-2005 07:11 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Spanky
Sounds good to me. When do I get my refund?
After sidd sells his parents' house.

BTW, Ty, I posted that yesterday. (and it's present tense now)

And, spanky, if there's one thing that will get you into fringey's pants it's talking tax. Maybe you don't want to go there, but you probably don't want the cock-block rep.

chad87655 04-13-2005 07:18 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Tyrone Slothrop

Today, the House is expected to vote to permanently repeal the estate tax, moving the Mars candy, Gallo wine and Campbell soup fortunes one step closer to a goal that once seemed quixotic at best: ending all taxation on inheritances.[/list]

Step one is completed Rep. Christopher Cox, R-Calif., said those pushing to retain a tax "still want to pry lots of cash out of the cold, dead fingers of America's deceased entrepreneurs."

Take that you socialist ratfucks!

On to the Senate! God bless!

Sidd Finch 04-13-2005 07:19 PM

Will He Ever Let it Drop?
 
Delay calls for hearings to review court decisions in Schiavo case.


http://story.news.yahoo.com/news?tmp...gress_delay_dc


Apparently the budget has been balanced and Social Security has been saved, because Congress has nothing better to do.

Replaced_Texan 04-13-2005 07:22 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Sidd Finch
Delay calls for hearings to review court decisions in Schiavo case.


http://story.news.yahoo.com/news?tmp...gress_delay_dc


Apparently the budget has been balanced and Social Security has been saved, because Congress has nothing better to do.
Have I mentioned in the last week or so how much I hate motherfucking asshole Tom DeLay?

There's a bipartisan protest at the Hilton Americas on Saturday. The organizers going out of their way to say that they're not protesting the NRA (to whom DeLay will be speaking that night) or the GOP in general (with whom DeLay has an affiliation). It's just DeLay. I'll try to take photos of the signs. I imagine they'll be creative.

Spanky 04-13-2005 07:22 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Sidd Finch
If I type "Fire sale" slowly, will you get it?

A sale driven by the need to pay taxes causes fire sale.

The estate tax is based on FMV -- meaning, what a willing buyer would pay a willing seller, with neither being under any compulsion to buy or sell.

So, if the value of a home for purposes of calculating the amount in the estate is determined according to FMV, but then the home is sold very quickly because the heirs need the cash to pay taxes, an even more substantial portion of the value of the home goes to pay taxes than what the tax code would appear to dictate.

If you think that the reason driving the sale is irrelevant, then talk to a lawyer who has had to handle the sale of a business in order to pay estate taxes. I had a big case that dealt with this very issue and speaking with these people was quite interesting, and educational (of course, I had to set aside my gut feelings about what 99% of the population does and actually listen, so it might not work for you).
but if you taxed inheritances 100% then you would just give the house to the government and the government could sell it at their leasure.

Gattigap 04-13-2005 07:24 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Sidd Finch
Delay calls for hearings to review court decisions in Schiavo case.


http://story.news.yahoo.com/news?tmp...gress_delay_dc


Apparently the budget has been balanced and Social Security has been saved, because Congress has nothing better to do.
I eagerly await the reasoned legal analysis to pour from these hearings.

Spanky 04-13-2005 07:26 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Tyrone Slothrop
Boring:
  • In 1992, when heirs to the Mars Inc. fortune joined a few other wealthy families to hire the law firm Patton Boggs LLP to lobby for estate tax repeal, the joke on K Street was that few Washington sightseers had paid so much for a fruitless tour of the Capitol.

    Today, the House is expected to vote to permanently repeal the estate tax, moving the Mars candy, Gallo wine and Campbell soup fortunes one step closer to a goal that once seemed quixotic at best: ending all taxation on inheritances.

WaPo
Ok - that is not boring. But the minutae of the tax code is.

Spanky 04-13-2005 07:32 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Replaced_Texan
Have I mentioned in the last week or so how much I hate motherfucking asshole Tom DeLay?

There's a bipartisan protest at the Hilton Americas on Saturday. The organizers going out of their way to say that they're not protesting the NRA (to whom DeLay will be speaking that night) or the GOP in general (with whom DeLay has an affiliation). It's just DeLay. I'll try to take photos of the signs. I imagine they'll be creative.
I spent all day Monday, and most of the day today in meetings about getting rid of DeLay (that is the reason for my late posts). He has made a lot of powerful enemies. There is a group now that is interviewing candidates to run against him in the primary. I just wonder when the Democrats are going to smarten up, and do everything in their power to keep him in Congress.

chad87655 04-13-2005 07:35 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Sidd Finch
Delay calls for hearings to review court decisions in Schiavo case.


http://story.news.yahoo.com/news?tmp...gress_delay_dc


Apparently the budget has been balanced and Social Security has been saved, because Congress has nothing better to do.
Bravo for Delay! The defeat of the culture of death dwarfs such temporal issues as SS or the budget.

Delay is following the moral path that Eli Wiesel layed out when he said,

"I swear never to be silent whenever and wherever human lives endure suffering and humiliation, we must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere when human lives are endangered. When human dignity is is jeopardy, that place, at that moment, must become the center of the universe."

Obviously the oppressors in the Democrapper party are worried that their crimes will be exposed and their evil torment interferred with.

Godspeed Tom!

Tyrone Slothrop 04-13-2005 07:36 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Spanky
I just wonder when the Democrats are going to smarten up, and do everything in their power to keep him in Congress.
They really ought to be doing more to tie him to the GOP more generally, rather than simply demonizing him.

Sidd Finch 04-13-2005 07:48 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Spanky
but if you taxed inheritances 100% then you would just give the house to the government and the government could sell it at their leasure.
The IRS doesn't accept payment in kind. Believe me on this one.

chad87655 04-13-2005 07:49 PM

the liberal hypocrites abuse the public trust on borrrowed time
 
Quote:

Originally posted by Tyrone Slothrop
They really ought to be doing more to tie him to the GOP more generally, rather than simply demonizing him.
The urine-yellow stained socialist cowards in the Demo party are scared to bring this fight too far. and for good reason. Corrupt evil donkies who live in glass houses should not throw stones. If a Delay standard is created, it will ultimately be applied to the donkeys, who will wither under the glare.

Just a snapshot, courtesy of the NYDailyNews in March of this year, of my state's House delegations' abuse of the public trust, included:

-Democrat Maurice Hinchey, who - according to the News - "has clocked more miles than the other 28 members of [New York] state's delegation." The well-traveled liberal took 27 trips costing private groups $157,000 over the past five years. Hinchey traveled in style; luxuriating at resorts like the Four Seasons in Punta Mita and other sumptuous retreats in Morocco, Madrid, Budapest, Helsinki, Tunisia, Cancun, Italy, Vancouver, Shanghai and Grand Cayman Island.

-Democrat Elliot Engel "has whisked his wife to first-class resorts in San Juan and Las Vegas, Wyoming and Florida - and barely spent a nickel." He even scored a $5,300 junket to New Orleans for his daughter and took his teenage son to Seattle and London and Jerusalem, gratis.

-loudmouth Democrat Charlie Rangel jetted off to the Dominican Republic three times in recent years, courtesy of the Punta Cana Beach Resort in 2001, American Airlines in 2002 and the Dominican/American Roundtable in 2003.

-Democrat Gregory Meeks has taken 37 trips in the last five years - 30 privately funded and seven government-paid. Destinations included Jamaica, Barbados, St. Lucia, Antigua, Venezuela and Honolulu. Total cost for Meeks' meanderings: $150,000.

-Democrat Jerrold Nadler has traveled with his wife, Joyce, courtesy of the Association of American Railroads, on a pair of trips costing $5,500 and $6,600, respectively - while serving on the House Railroad Subcommittee.

-Democrat Anthony Weiner took the longest and most expensive taxpayer-paid trip in the delegation - a fact-finding expedition to Antarctica. According to the Daily News, taxpayers wound up shelling out more than $350,000 for the nine-day, 12,500-mile marathon two years ago - with Weiner traveling as part of the 13-member Science Committee.

-Democrat Joseph Crowley took the New York delegation's longest trip on record, a 13-day, $8,900 getaway to India and Bangladesh sponsored by an Indian trade group. Crowley has also taken his wife, Kasey, on freebies to India, New Orleans and the Dominican Republic.

chad87655 04-13-2005 07:57 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Sidd Finch
The IRS doesn't accept payment in kind. Believe me on this one.
Who cares? Its over, the repeal bill is a steamrolling to a triumphant Bush victory signing! another feather in the cap of his legacy. Start crying your liberal crocodile tears now.

Of course, wealthy hypocrit liberals always have the option of specifying in their wills that their fortunes can go to the government, but of course, to date, we don't see any examples of that because it is easier to steal the hardearned savings of the redstate patriots. Maybe the Kennedys or Warren Buffet can lead the way, but I won't hold my breath.

PUT YOUR KIDS' INHERITANCE WHERE YOUR SOCIALIST BLASPHEMIES SPOUT FROM OR SHUT THE FUCK UP!

Replaced_Texan 04-13-2005 08:19 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Tyrone Slothrop
They really ought to be doing more to tie him to the GOP more generally, rather than simply demonizing him.
Well, here, the TRMPAC scandal is tied to nearly every single Republican in the Legislature.

To wit, today's victim.

Someone's Evil Twin 04-13-2005 08:20 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by chad87655
Bravo for Delay! The defeat of the culture of death dwarfs such temporal issues as SS or the budget.

Delay is following the moral path that Eli Wiesel layed out when he said,

"I swear never to be silent whenever and wherever human lives endure suffering and humiliation, we must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere when human lives are endangered. When human dignity is is jeopardy, that place, at that moment, must become the center of the universe."

Obviously the oppressors in the Democrapper party are worried that their crimes will be exposed and their evil torment interferred with.

Godspeed Tom!
As you are now, so once was I
As I am now, so thee shall be
Prepare for death, and follow me

Memento mori!

Replaced_Texan 04-13-2005 08:28 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Spanky
I spent all day Monday, and most of the day today in meetings about getting rid of DeLay (that is the reason for my late posts). He has made a lot of powerful enemies. There is a group now that is interviewing candidates to run against him in the primary. I just wonder when the Democrats are going to smarten up, and do everything in their power to keep him in Congress.
Well, this primary is as good as any to try something like that, since the whole Hutchison/Goodhair(/Strayhorn) bloodbath will be going on in the primary.

I recommend your candidate get to know everything there is to know about rail.

ltl/fb 04-13-2005 08:42 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
After sidd sells his parents' house.

BTW, Ty, I posted that yesterday. (and it's present tense now)

And, spanky, if there's one thing that will get you into fringey's pants it's talking tax. Maybe you don't want to go there, but you probably don't want the cock-block rep.
Good to know my suspicions about your sudden interest in tax were correct.

FWIW, I would be fine with indexing the exemption to inflation. I would be fine with raising* it to $2m right off the bat, and then indexing it.

I think it's stupid to have it low because the transaction costs outweigh the benefit and it's a net drain on society.

I'm in favor of fucking imprisoning and putting to hard labor people who use iffy tax shelters promoted by fucking asshole overpaid consultants and their pet ethic-free lawyers. The promoters/lawyers can go with them. They deserve every goddamn ass-raping they get.

That is all for now.




*I'm assuming a world where EGTRAA (EGTRRA? fuck I'm tired) really does sunset in 2011, and talking post-2011.

chad87655 04-13-2005 08:53 PM

Will He Ever Let it Drop?
 
Quote:

Originally posted by Replaced_Texan
Well, here, the TRMPAC scandal is tied to nearly every single Republican in the Legislature.

To wit, today's victim.
Ha. You have to be kidding. The worm is turning here and the true core of the Republican party says bring it on!

The hypocritical double and triple standards of the liberals and their comrades in the leftwing media elite (and their additional RiNO fifth columnists) is nauseating, but each futile attempt to besmirch a honest patriot like Delay will bring a rightful retaliatory exposure of the Dimwits dishonest fleecing of the American public. Today's demo-loser is admitted socialist and Democrat party collaborator Bernie Sanders, a legislator who put family members on his payroll to the tune of $150k dollars from 2002 through 2004. QUESTIONS ABOUND!!

After that it is a short ideological step to Nancy Pelosi, the skeletons in her closet make those in fellow democrat John Wayne Gacy's pale.

With W at our helm we ain't sitting down for this fight like we did with Newt. You want to unjustly take Delay's scalp, its going to cost you. Big time.

Mmmm, Burger (C.J.) 04-13-2005 10:32 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Sidd Finch
The IRS doesn't accept payment in kind. Believe me on this one.
Sure enough, but you could fix this problem. Or your fire sale problem. Just make the tax due at 9 months, but allow people to claim a payment plan if the estate assets are substantially illiquid. Pay back over 5 years, say, at decent interest rate (so no free loans). Hardship mostly eliminated. Just because you can't sell it altogether doesn't mean Mars should be exempt.

Tyrone Slothrop 04-14-2005 02:08 AM

Orin Kerr is working hard to make Tom DeLay happy:
  • IMPEACH NINO: As every right-thinking person knows, the judiciary recently has run amok. It's high time we did something about it. I think the solution is clear: we need to impeach Justice Antonin Scalia.

    If you think about it, Justice Scalia is directly or indirectly responsible for many of the problems with the modern judiciary. Not only did Scalia personally fail to intervene in the Schiavo case, ignoring the will of Congress, but he has repeatedly urged judges to simply ignore Congressional intent. He refuses to cite legislative history, woodenly following the "text" rather than deferring to clear statements of what Congressional leaders intended to do. This kind of judicial hubris is simply unacceptable.

    Scalia is even worse in the area of constitutional interpretation. His activist opinions have invented new constitutional rights for marijuana growers, given thousands of convicted criminals a "get out of jail free" card, and tried to limit the President's ability to fight the war on terror. In addition, Scalia has relied heavily on foreign legal sources to interpret allegedly ambiguous provisions of the Bill of Rights (see part II.A). Indeed, Scalia's contempt for our system of Government is so great that he admits he wants to see the Constitution "dead."

    The American people deserve better than Scalia's satanic Marxist activism. It's time to impeach Nino.

The Volokh Conspiracy

Hank Chinaski 04-14-2005 09:22 AM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Sure enough, but you could fix this problem. Or your fire sale problem. Just make the tax due at 9 months, but allow people to claim a payment plan if the estate assets are substantially illiquid. Pay back over 5 years, say, at decent interest rate (so no free loans). Hardship mostly eliminated. Just because you can't sell it altogether doesn't mean Mars should be exempt.
No one likes to see a friend or relative die, however it can be a joy to receive an inheritance once they are gone. Make certain you understand the IRS regulations regarding inheritance so if you choose to sell off any numismatic holdings you acquire this way. You will want the liquidation of these holdings to also be a joy rather than a burden to you.

IRS Publication 551, Basis for Assets (revised in May 2002) addresses inherited property as well as that received as a gift. According to this publication, "Your basis in property you inherit from a decedent is generally one of the following: (1) The FMV [Full Market Value] of the property at the date of the individual's death. (2) The FMV on the alternative valuation date if the personal representative for the estate chooses to use alternative valuation. For information on the alternate valuation date see the instructions for Form 706."

In this area of the publication much more than numismatic inheritance is reviewed, but the two items presented here are the only comments having a direct impact on such numismatic items. The publication further states, "…If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes."

There are situations under the current tax codes where due to the value of the estate no taxes were collected at the time of its disbursal. There may be taxes, however, if you choose to sell what you have inherited.

Numismatic Items or Bullion?
Another factor directly impacting taxes is if what you are about to sell is considered to be numismatic or bullion. 1984 Federal Register Vol. 49 No. 3 discusses this on page 645 through page 648.

According to this document, the regulation requires that coin dealers report all gold bullion liquidations on Form 1099. Coins with a premium above 15 percent do not have to be reported by dealers. (The important thing here is that the reference is to "dealers," not to "hobbyists." What the regulation is trying to do is to distinguish between what are bullion and what are collectible gold and silver coins.

On December 28, 1992 this law was amended to allow exceptions from Form 1099 reporting. According to this amendment, "A sale of a precious metal in a form that may be used to satisfy a CFTC-approved regulated futures contract, is an excepted sale, … provided the quantity … sold, is less than the minimum amount needed to satisfy a CFTC - approved contract, and in any form other than that which may be used to satisfy a CFTC - approved contract."

The "Reason to Believe" clause nullifies exceptions "if a broker has reason to know that a customer, either alone or together with a person related (related means more than just family) to the customer, is engaging in one or more sales with a principle purpose of avoiding information reporting" i.e. Form 1099s.

Conclusions
Although many numismatists, those receiving numismatic gifts, or those inheriting numismatic items may want to consult with their accountant or lawyer regarding tax implications and their legal options, this presentation should give an accurate portrayal of what may be necessary for your individual situation.

When selling your coins through Heritage you have options to consider. You may want payment checks to be endorsed to people to whom you wish to make a gift during your own lifetime, or to foundations or trust funds you have established for tax purposes, rather than directly to yourself. Discuss this with your Heritage account executive before you sign any agreements with us.

The sale of your numismatic possessions should be a time of satisfaction for you, regardless of if you assembled the collection yourself, were given them as a gift, or inherited them. Understanding the tax implications of your financial gains, and how to cope with these tax implications to your own best advantage, is important.

Hank Chinaski 04-14-2005 09:30 AM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
And, spanky, if there's one thing that will get you into fringey's pants it's talking tax.
Have you tried "Everything is in remission, I voted for Kerry and there's an empty stall in the Men's room right now?"

sgtclub 04-14-2005 11:02 AM

Quote:

Originally posted by Tyrone Slothrop
Orin Kerr is working hard to make Tom DeLay happy:
  • IMPEACH NINO: As every right-thinking person knows, the judiciary recently has run amok. It's high time we did something about it. I think the solution is clear: we need to impeach Justice Antonin Scalia.

    If you think about it, Justice Scalia is directly or indirectly responsible for many of the problems with the modern judiciary. Not only did Scalia personally fail to intervene in the Schiavo case, ignoring the will of Congress, but he has repeatedly urged judges to simply ignore Congressional intent. He refuses to cite legislative history, woodenly following the "text" rather than deferring to clear statements of what Congressional leaders intended to do. This kind of judicial hubris is simply unacceptable.

    Scalia is even worse in the area of constitutional interpretation. His activist opinions have invented new constitutional rights for marijuana growers, given thousands of convicted criminals a "get out of jail free" card, and tried to limit the President's ability to fight the war on terror. In addition, Scalia has relied heavily on foreign legal sources to interpret allegedly ambiguous provisions of the Bill of Rights (see part II.A). Indeed, Scalia's contempt for our system of Government is so great that he admits he wants to see the Constitution "dead."

    The American people deserve better than Scalia's satanic Marxist activism. It's time to impeach Nino.

The Volokh Conspiracy
Who is Orin Kerr?

taxwonk 04-14-2005 11:20 AM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by sgtclub
The only thing I didn't understand that was in any way material to the discussion is the historic background for recognizing wills. Sue me. Everything else was probably interesting to the tax lawyers, but not germane to what we were discussing.

This is starting to feel like my conference call this morning, which ended in the corporate lawyers on both sides yelling at the tax lawyers for both sides to just give us the fucking answer. We don't want to know what fucking code section it is pursuant to, or how these types of deals use to be done pre the 1986 amendments. Just tell us whether or not the structure works.
I was specifically referring to your little snipe quoting from "A Few Good Men." It was gratuitous, obnnoxious, and based solely on the fact that you are clearly frustrated by what you don't understand. Like many corporate guys, you seem to be paralyzed by ambiguity.

I admit that many tax lawyers fall way short in the communication skills department. On the other hand, if you stopped viewing our practice so arrogantly, and took the effort to understand some of the subtleties and complexity, you might begin to develop an appreciation for the fact that a good corporate lawyer, with a good tax lawyer, can add significant value to almost any transaction. It's the sort of thing that separates the wheat from the chaff.

taxwonk 04-14-2005 11:33 AM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Hank Chinaski
No one likes to see a friend or relative die, however it can be a joy to receive an inheritance once they are gone. Make certain you understand the IRS regulations regarding inheritance so if you choose to sell off any numismatic holdings you acquire this way. You will want the liquidation of these holdings to also be a joy rather than a burden to you.

IRS Publication 551, Basis for Assets (revised in May 2002) addresses inherited property as well as that received as a gift. According to this publication, "Your basis in property you inherit from a decedent is generally one of the following: (1) The FMV [Full Market Value] of the property at the date of the individual's death. (2) The FMV on the alternative valuation date if the personal representative for the estate chooses to use alternative valuation. For information on the alternate valuation date see the instructions for Form 706."

In this area of the publication much more than numismatic inheritance is reviewed, but the two items presented here are the only comments having a direct impact on such numismatic items. The publication further states, "…If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes."

There are situations under the current tax codes where due to the value of the estate no taxes were collected at the time of its disbursal. There may be taxes, however, if you choose to sell what you have inherited.

Numismatic Items or Bullion?
Another factor directly impacting taxes is if what you are about to sell is considered to be numismatic or bullion. 1984 Federal Register Vol. 49 No. 3 discusses this on page 645 through page 648.

According to this document, the regulation requires that coin dealers report all gold bullion liquidations on Form 1099. Coins with a premium above 15 percent do not have to be reported by dealers. (The important thing here is that the reference is to "dealers," not to "hobbyists." What the regulation is trying to do is to distinguish between what are bullion and what are collectible gold and silver coins.

On December 28, 1992 this law was amended to allow exceptions from Form 1099 reporting. According to this amendment, "A sale of a precious metal in a form that may be used to satisfy a CFTC-approved regulated futures contract, is an excepted sale, … provided the quantity … sold, is less than the minimum amount needed to satisfy a CFTC - approved contract, and in any form other than that which may be used to satisfy a CFTC - approved contract."

The "Reason to Believe" clause nullifies exceptions "if a broker has reason to know that a customer, either alone or together with a person related (related means more than just family) to the customer, is engaging in one or more sales with a principle purpose of avoiding information reporting" i.e. Form 1099s.

Conclusions
Although many numismatists, those receiving numismatic gifts, or those inheriting numismatic items may want to consult with their accountant or lawyer regarding tax implications and their legal options, this presentation should give an accurate portrayal of what may be necessary for your individual situation.

When selling your coins through Heritage you have options to consider. You may want payment checks to be endorsed to people to whom you wish to make a gift during your own lifetime, or to foundations or trust funds you have established for tax purposes, rather than directly to yourself. Discuss this with your Heritage account executive before you sign any agreements with us.

The sale of your numismatic possessions should be a time of satisfaction for you, regardless of if you assembled the collection yourself, were given them as a gift, or inherited them. Understanding the tax implications of your financial gains, and how to cope with these tax implications to your own best advantage, is important.
It sucks not being able to find anything billable to do all day long. But when that happens to me I don't take it out on the whole board.

Next time try posting on something relevant like the estate and gift tax implications of the gift of a house in Hilton Head, with a reserved life estate by the donor and spouse.

Hank Chinaski 04-14-2005 11:36 AM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by taxwonk
It sucks not being able to find anything billable to do all day long. But when that happens to me I don't take it out on the whole board.

Next time try posting on something relevant like the estate and gift tax implications of the gift of a house in Hilton Head, with a reserved life estate by the donor and spouse.
I really want my dad's coin collection. Fuck my sister.

And I don't have anything to do all day.:confused:

If only those snooty Corporate lawyers would realize bringing in an IP guy would really help them on their transactions!:(

taxwonk 04-14-2005 12:02 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Hank Chinaski
I really want my dad's coin collection. Fuck my sister.

And I don't have anything to do all day.:confused:

If only those snooty Corporate lawyers would realize bringing in an IP guy would really help them on their transactions!:(
You obviously have far too much time on your hands if you're wasting huge amounts of time poring over IRS Publications for such little comedic payoff. I just assumed it was a slow day instead of guessing you'd been laid off and were just sittinga t home drinking and posting between Jerry Springer and Judge Judy.

Shape Shifter 04-14-2005 12:17 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Hank Chinaski
Fuck that- I say make people say something amusing or they don't get a code to post. And No being grandfathered in SS, you'll have to go copy something you did pre-lobotomy.
7. Beauty and the Beasts
gs: Judith-Marie Bergan (Sally) Robin G. Eisenman (Ms. Graham) Christopher Goutman (Todd) John Sanderford (Eric) Barbara Worthington (Ms. Richmond) Douglas Bruce (Man at Bar) Clay Alexander (Bartender)

Buffy and Hildy are invited by Sonny and Isabelle to a singles bar. The pair are ignored by the men, causing Henry to question society's favoritism for attractive people. Feeling like a hypocrite for spurning Amy's advances, he asks her out on a date.


b: 15-Jan-1981 pc: 007 w: Ian Praiser & Howard Gewirtz d: Will Mackenzie

Spanky 04-14-2005 01:11 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Shape Shifter
7. Beauty and the Beasts
gs: Judith-Marie Bergan (Sally) Robin G. Eisenman (Ms. Graham) Christopher Goutman (Todd) John Sanderford (Eric) Barbara Worthington (Ms. Richmond) Douglas Bruce (Man at Bar) Clay Alexander (Bartender)

Buffy and Hildy are invited by Sonny and Isabelle to a singles bar. The pair are ignored by the men, causing Henry to question society's favoritism for attractive people. Feeling like a hypocrite for spurning Amy's advances, he asks her out on a date.


b: 15-Jan-1981 pc: 007 w: Ian Praiser & Howard Gewirtz d: Will Mackenzie
What am I missing here? To me, this is a bunch of Gibberish.

Hank Chinaski 04-14-2005 01:13 PM

Death Tax Relief for America's Farmers. All 50 of them. The rest? Bonus!
 
Quote:

Originally posted by Spanky
What am I missing here? To me, this is a bunch of Gibberish.
Is this the first of his posts you've read? i wish it were for me.

Tyrone Slothrop 04-14-2005 01:19 PM

Quote:

Originally posted by sgtclub
Who is Orin Kerr?
He teaches law at GWU. Here is his profile. Former Kennedy clerk.

The Volokh Conspiracy is a right-leaning group blog, most of whose contributors are legal academics.


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