Skip to comments.California Couple Loses $18.5 Million Charitable Deduction on Technicality
Posted on 05/31/2012 7:07:17 PM PDT by WilliamIII
If you intend to take a deduction for a charitable gift, pay attention to the letter of the law.
With regret, a U.S. Tax Court judge denied a wealthy Sacramento, Calif., couple a deduction for $18.5 million they took after donating valuable properties to charity because they didnt attach a proper appraisal to the donation form.
Joseph Mohamed is a real-estate broker, certified real-estate appraiser and prominent Sacramento entrepreneur, according to the decision, which was released May 29. In 1998 he and his wife Shirley set up a charitable remainder trust; such trusts typically pay income for life to the donors and after death give the remaining assets to one or more charities. (The Mohameds charities included the Shriners Hospitals for Children, the Sacramento Food Bank & Family Services and the Pacific Legal Foundation.)
(Excerpt) Read more at blogs.wsj.com ...
I am not knowledgeable in these matters but.. IMO this is why when the politicians say tax the rich they always talk about taxing W-2, 1099, and such earnings. Do people pay taxes on wealth? There have always been a hell of lot of Democrats in the super wealthy category who have supported Democratic Party demand to make the W-2 and 1099 "rich" pay their fair share.
Get rid of the Federal Income Tax and all this B.S. goes away.
When the leftist argue that the rich should pay more I agree with them with qualifications. First, the rich ones favoring raising the taxes on the rich should be required to retroactively pay the suggested higher taxes on all their lifetime accumulated income before the increased taxes on others could go into effect. Needless to say, they always get angry and stomp off.
the rich have many advantages to "enrich" their lives thru business and personal deductions that logically can not be taken by mr/mrs wage earner....box seat at nfl games...write off...golf vacations with a business "associate"...write off....2 martini lunches...write off....
So, can they rescind the donation?
Men with guns, i.e, the Feds, want their loot.
I'll bet ya dollars to donuts that those checks have already cleared the bank.
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The RATs have made that impossible by putting 50% of Americans on the dole.
Yes, that seems simple enough. “With regret”, of course, but take the properties back.
In this case, the Judge was a Bush appointee, and a Harvard grad, to boot. Yet he felt there was no room in the law for judgement? ? ?
Cases like this are straight out of the Critical Theory School, in that this case will certainly teach all who read it that there is less and less of America’s court and tax system worth saving.
The tipping point will likely come when there is another depression and the productive decide to not support the parasitic class any more.
Money and talent does not have to be used, especially when it is penalized.
Decisions such as this one, handed down by this “Marsupial Magistrate”, are destroying what little respect for, and belief in, American law and courts.
This decision is a perfect example of the “Alles In Ordnung” behavior in the Third Reich.
Yes, “with regret” is exactly as I was thinking. With as much regret as the judge felt.
Democrats often want to and that's why the language of their tax "debate" is so disingenuous. Particularly during the housing bubble, you could've been a "millionaire" on paper because of your home's valuation in a hot market but not a millionaire in liquid assets or income.
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