Posted on 04/05/2023 3:12:50 PM PDT by Rummyfan
that Trump and his associates engaged in deception by paying New York state more in taxes than it was owed.
;-)
” “that Trump and his associates engaged in deception by paying New York state more in taxes than it was owed.” “
Let this be a lesson to all who have a little ‘too much’ in withholdings taken out. That is now considered an intent to defraud the government.
There is no way I could have made this one up. OMG!
Did NYS return the overpayment or did they keep it?
BTTT
Bttt.
5.56mm
A government person is actually complaining that someone paid MORE than they should have in taxes, and calls it ‘deceptive’????
I don’t (bleeping) believe it. They’re trying to throw everything at him to see if SOMETHING sticks.
SECTION 175.05
Falsifying business records in the second degree
Penal (PEN) CHAPTER 40, PART 3, TITLE K, ARTICLE 175
§ 175.05 Falsifying business records in the second degree.
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A
misdemeanor.
https://www.nysenate.gov/legislation/laws/PEN/175.05
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
https://codes.findlaw.com/ny/penal-law/pen-sect-175-10
The term “intent to defraud” is important.
Defraud means according to my Random House Dictionary “to deprive of a right or property by fraud”. The “de” of “defraud” matters.
The “fraud” here is that Cohen’s payment was recorded as legal fees when Bragg says it was hush money plus an extra fee to cover the taxes Cohen owed on legal fees, but wouldn’t have owed for money transferred from Trump to Daniels via Cohen.
Got that?
I don't "got it."
It sounds like Trump paid Cohen a fee recorded as tax-deductable "legal fees" on Trump's books and recorded as legal fees received on Cohen's books (in the amount of $180,000). And then Cohen paid out a non-deductable amount to Stormy Daniels of $130,000.
That sounds like Cohen reported income (legal fees) of $180,000 but had to pay taxes on the full amount (which is why Trump would have included an additional $50,000 to cover taxes.
Sounds pretty straightforward, but not an overpayment of state taxes. And actually, it sounds like Trump deducted his payment to Daniels (via Cohen) from his taxes as legal fees and I'm not sure that's kosher.
What am I missing here?
Excellent question!
I’ve been doing that for almost 4 decades.
I’m doomed!
This article supports a flaw in the indictment I’ve pointed out.
I don’t believe there was a false ledger entry.
This article reveals Trump paid Cohen MORE than the Stormy Daniels deal.
Cohen paid Daniels. Trump paid Cohen a legal fee which included all this.
The ledger entry wasn’t false. At that time, Daniels was paid off and Trump owed only Cohen money.
Easily proven because at that point the only person who could have sued Trump for the money owed was Cohen.
The ledger entry wasn’t false.
NYS probably kept it to make up for the money they didn’t collect from the Clintons.
Where’s the money now?
In Bragg’s pocket.
It’s the order in which the payments were made that you appear to have mixed up.
IIRC, Cohen became aware of the allegations from Stormy Daniels, and proceeded to negotiate an agreement, get it signed, and make full payment of $130,000 to Daniels on his own. Then he billed Trump for $180,000 in legal fees, knowing that receiving all of that money as legal fees (rather than separating out $130,000 as a non-taxable reimbursement) would boost his (Cohen’s) taxable income and cause him to incur additional federal and state (also maybe municipal?) taxes on the full 180k.
It is funny to read that sentence “Trump and his associates engaged in deception by paying New York state more in taxes than it was owed”.
But I think what they are trying to say is that he purposefully overvalued his assets, for example claiming his Condo was 30,000 sq ft when it was really only 14,000 sq ft or whatever it was. So he claimed his condo was worth $70 million when it was really only worth $30 million. But he paid property taxes as if it was $70 million. That kind of stuff. Though I don’t know what the crime is even with that. Bank fraud, maybe... but not really if the bank got paid what it was owed. Insurance fraud maybe... if he filed a false claim. But that doesn’t seem to be part of the charges.
Of all the atrocities, of all the problems, this indictment is really an embarrassment and projects weakness. It does not project strength or teach the rest of the world anything about “nobody is above the law”. It teaches the entire world that it is OK to jail or otherwise sideline political opposition on trumped up charges.
You’re aware, are you not, that Trump never knew about the affair allegations, AND never knew about the NDA and hush money payment made by Cohen to Daniels, until after he (Trump) had paid Cohen the 180k?
So is Sean Hannity next on Braggs list? He has always claimed he has over paid his taxes.
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