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Government Shutdown Does Not Convert Prison Time To Probation

Government Shutdown Does Not Convert Prison Time To Probation

What I like about this case is that the original sentencing decision is the type of thing I might have done if I were a judge.  It calls to mind the case of Craig E. Braun, whose sentence for tax evasion was reduced to a fine in reaction to President Ford’s pardon of Richard Nixon.  Apparently, the government did not bother to appeal that one.

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Facade Easement Deduction Allowed

Facade Easement Deduction Allowed

So Ms. Simmons probably did not get much of a free lunch out of this whole thing.  At the maximum rate she would have saved about $34,000.  If they were using the same rate schedule then as now she had to pay L’Enfant about $10,000 (maybe call it $7,000 after tax).  Interestingly L’Enfant charges based on the fair market value of the property, not the easement.  In order, I imagine,  to discourage last minute Louies, as my mother used to say, the fee varies from 42 to 60 basis points depending on when in the year you make the donation.  That leaves about $27,000 in tax savings before you start in with the appraiser and the lawyers.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.