Jeter in Tax Trouble

[Jayhawk Bill]

I was responding to a700 hitter's statement about burden of proof.

 

 

Congratulations on your 4,000th post! :thumbsup:

 

***

 

Yes, I know that you're discussing burden of proof...but I don't see why Federal law is relevant here. Do you?

 

Edit:

 

Here's the relevant part of the statute:

 

``SEC. 7491. BURDEN OF PROOF.

 

``(a) Burden Shifts Where Taxpayer Produces Credible Evidence.--

 

[[Page 112 STAT. 727]]

 

``(1) General rule.--If, in any court proceeding, a taxpayer

introduces credible evidence with respect to any factual issue

relevant to ascertaining the liability of the taxpayer for any

tax imposed by subtitle A or B, the Secretary shall have the

burden of proof with respect to such issue.

> ``(2) Limitations.--Paragraph (1)

shall apply with respect to an issue only if--

``(A) the taxpayer has complied with the

requirements under this title to substantiate any item;

``(B ) the taxpayer has maintained all records

required under this title and has cooperated with

reasonable requests by the Secretary for witnesses,

information, documents, meetings, and interviews;

 

Points:

 

1) Burden of proof only shifts after the taxpayer's production of all required documentation, and

 

2) There's nothing applying this Federal Law to the 50 states.

 

Unless I'm still missing something...

 

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ206.105

[Sox Fan on Cape]

I never said Federal Law applies to the states. I was reffering to a700 hitter's statement, "Also, with regard to disputed tax deficiencies, the taxing authority does not have the burden of proof. Taxing authoritites have a presumption of correctness."

 

This whole discussion is waste of time anyways. Is Jeter a crook ? No he isn't. He hasn't been charged or convicted of any crime, and it is doubtful he would be. He has only been assessed additional taxes and interest based on the State of New York's contention that he was a Nerw York resident. If it gets to Tax Court, then there will be an answer. Since Jeter relied on professional advice, how can there be a moral issue. There isn't.

[Jayhawk Bill]

I never said Federal Law applies to the states. I was reffering to a700 hitter's statement' date=' "Also, with regard to disputed tax deficiencies, the taxing authority does not have the burden of proof. Taxing authoritites have a presumption of correctness."[/quote']

 

Why would you refute a700hitter's statement by citing a reference that doesn't apply, then?

 

This whole discussion is waste of time anyways. Is Jeter a crook ? No he isn't. He hasn't been charged or convicted of any crime, and it is doubtful he would be. He has only been assessed additional taxes and interest based on the State of New York's contention that he was a Nerw York resident. If it gets to Tax Court, then there will be an answer.

 

Let's check the actual law:

 

S 1802. Repeated failure to file; personal income and earnings

taxes.--(a) Any person who, with intent to evade payment of any tax

imposed under article twenty-two or any related income or earnings tax

statute, fails to file a return for three consecutive taxable years

shall be guilty of a class E felony, provided that such person had an

unpaid tax liability with respect to each of the three consecutive

taxable years.

 

http://caselaw.lp.findlaw.com/nycodes/c117/a69.html

 

If, as has been published, Jeter failed to file 2001-2003 because he claimed a different residence while maintaining his primary domicile at Trump Towers, it appears that Jeter may be a felon.

 

Since Jeter relied on professional advice, how can there be a moral issue. There isn't.

 

Barry Bonds was never told that he was using steroids. That's his testimony. He relied upon professional advice. Many perceive a moral issue.

 

I perceive a moral issue here, too, especially given that it doesn't take an expert in tax law to realize where one lives.

[Gom]

You know whats funny about this? The NYS Taxation Bureau claims to know what one of it's constituents has in his apartment that's near and dear to the constituent from four years ago. The irony of it is that there is no claim from 2004-2006, which means according to the Taxation Bureau, he is a legal resident of Florida. Just not in those years.

 

This has to be about the dumbest thing posted about a player on this board. The papers here in New York have absolutely NOTHING on this non-story two days after it broke.

 

However, there are articles on Yorvit Torrealba's deal with the Mets that fell apart.

 

If the NY media, which lives for scandals, ignores the story the next day....figure it out.

[rician blast]

My picks..in order of severity:

 

Vick, a horribly heinous act that will rightfully get him prison time.

Clinton, due to his status as President and lying under oath.

Bonds, for disgracing the most sanctified record in sports.

.

.

.

.

.

.

Jeter. For doing something that is estimated 30-40% of Americans do.

Check the link.

http://www.post-gazette.com/pg/07084/772106-28.stm

 

About the only law that people break with more frequency is speeding. Guess what? I do that too.

 

I know, you are really happy that that $20 nail was hammered by that $500 hammer in that government building. You pay for it. I'll keep the money.

 

The order I listed them originally is exactly the opposite of the order I'd rank them in terms of there severity.

 

Clinton first...not for the act itself, but going on TV,voluntarily, looking the camera in the eye, and lying to 100+ million people...only to come back months later and say "I had an improper relaitonship." AGain, not the fact that he cheated, but the fact that OUR PRESIDENT took the stage and lied to every one of us right up until he knew he was caught. f***ing cowardly and despicable.

 

Vick. Disgusting and cruel, but he didn't kill anyone (that we know of!) and he's clearly a stupid f***ing person to risk all he had for this "thrill"...clearly not dealing with a full deck and that needs to be taken into consideration.

 

Then Jeter...yeah I know "everyone cheats on their taxes.," blah f***ing blah. The point is simple...you violated the code, time to pay up. Period. Admit you did wrong, or made a mistake, and say you'll pay your debt.

 

Lastly Bonds. He did 'roids. He hit a lot of HRs. So did, probably, 50-75% of his teammates and opponents. He was just the best already and got more out of his gains than the others so he's the target? This offense does not even compare to the others.

[jacksonianmarch]

Bonds crime was lying on the stand in a courtroom. His steroid usage is of poor judgement, but lets be honest here. The guy is also a scumbag and that has to play into it. At the same time, do you honestly think that Jeter has a clue what a 1040 form is? He probably has never even touched one.

[Jayhawk Bill]

This has to be about the dumbest thing posted about a player on this board. The papers here in New York have absolutely NOTHING on this non-story two days after it broke.

 

Here's a great piece in Newsday today regarding the whole thing in detail:

 

http://www.newsday.com/sports/baseball/ny-spjete195467845nov19,0,4074811.story

 

Here's the Post coming down on Jeter's side today, blaming high taxes.

 

http://www.nypost.com/seven/11192007/postopinion/opedcolumnists/big_apples_bite_923099.htm

 

And here's the Sun today following suit:

 

http://www.nysun.com/article/66666

 

And here's the Post today pointing out the policies behind the decision to pursue Jeter for back taxes:

 

http://www.nypost.com/seven/11192007/postopinion/editorials/the_tax_man_grabbeth_300222.htm

 

It seems as if you missed a couple of articles.

 

You know whats funny about this? The NYS Taxation Bureau claims to know what one of it's constituents has in his apartment that's near and dear to the constituent from four years ago.

 

You what's even funnier? Derek Jeter's lawyer appealed the finding you cite. They lost. It's already been adequately proven. Check the formal court record:

 

http://www.nysdta.org/Determinations/821646.ord.htm

 

Here's what gets me from the court documents: the state has set the date of Derek Jeter's move to New York City as February 9, 2001. It sounds to me from that precision as if they've got proof that he spent some fraction of at least 183 different days in the state for 2001-2003, which would be, by itself, sufficient evidence for the state to win.

 

http://www.newsday.com/sports/baseball/ny-spjete195467845nov19,0,4074811.story

 

If the NY media, which lives for scandals, ignores the story the next day....figure it out.

 

Setting aside, for a moment, that I've just disproven your position, I think that it's clear that Yankees fans are all shouting, "Who cares? All Yankees fans cheat on their taxes! We still love Derek Jeter!" There's no profit to be made in reporting the issue as a scandal, so the local scandal sheets will move on to other business.

 

***

 

Derek Jeter, though, has learned a lesson from this: he's got to become visible as a Florida resident. Here's an article documenting how he slept with two women and refused to pay for their parking, creating a scene at the front desk that documents his having spent the night in Florida:

 

October 16, 2007 -- IF Bronx Bomber Derek Jeter wants to keep his sex life a secret, he should learn to tie up any post-tryst loose ends.

 

Our spy in the lobby of the Shore Club in Miami early Sunday morning spotted "two scantily clad women screaming at the front desk because they had spent the night at Jeter's penthouse and were then charged for parking."

 

"The girls were wearing what looked like the same clothes they wore the night before - a tight cocktail dress and a mini-skirt. They were making a huge scene because they were asked to pay for parking.

 

"Obviously, they'd spent the night there," giggled the onlooker, who noted that one of the overnight guests was screaming into the phone, "After last night, he'd better [bleep]ing take care of it!"

 

 

http://www.nypost.com/seven/10162007/gossip/pagesix/pagesix.htm

[Taliesin]

Anyway, I'll respond viscerally like I do with everything else. Logical arguments and quotes from codes aside...believe me I know them well. As much a passionate baseball fan as I am, I'm not sure I can equate a President of the most powerful nation on earth making up a war and inciting genocide (see Bill: Kosovo) to cover his indiscretions so to speak, to some doofus baseball player "cheating" on his taxes or another ego fluffed baseball player using substances that weren't banned at the time. The court of public opinion...no doubt should be on castigating these individuals.

 

Stay w/ me here...the analogies aren't even close.

 

The lists of the worst offenses pale. Rotten things in this tiny microcosm..yes. I don't think you can compare the proponent of mass killings w/ some guy fighting dogs in Virginia or some other dude shooting up whatever..anywhere. Of his own volition.

 

I should probably recuse myself of the tax argument in any case because I think we are just cows to the machine and there should be a national sales tax and no income or property tax..but that's just me...moo. So, "cheating" becomes only an argument if you are slaves to the machine and just do as you're told and don't exact change on an individual level. As we get squeezed into proverbial boxcars and how's Britney doing? Can't smoke, can't drink, can't drive, can't, can't, can't except pay the man.

 

The D.O.D. works in overtime. I'll be an expatriate in 2 years and you will enjoy 8 more years of the most powerful and evil couple in modern times. There's a reason the Aztecs looked at 2012 as the end days.

 

BTW. Jetesy can f*** as many hookers as he likes and not pay their parking tab. The hell do I care about his personal life other than some kind of odd voyeuristic journey into the darkness of his soul and the Post needs to sell more papers. Y'all can leave the moral argument out the door. I can control my own ethics. That's it. This holier than thou attitude is generally promulgated by those who can't keep their frocks off 11 year old boys. I don't trust the judgmental.

[YAZMAN]

Talie, I think it was one hooker plus Arod dressed in drag.

 

BTW, great call on the Fair Tax:

 

http://www.fairtax.org/site/PageServer

[Jayhawk Bill]

Anyway, I'll respond viscerally like I do with everything else... The court of public opinion...no doubt should be on castigating these individuals.

 

...

 

This holier than thou attitude is generally promulgated by those who can't keep their frocks off 11 year old boys. I don't trust the judgmental.

 

Combining the first and last paragraphs of your post, I wonder if you trust yourself.

 

In any case, I consider Jeter a tax cheater. Where you get off suggesting that those who judge others are usually pedophiles, I have no clue...and if you'll review my post, you'll find that I was commenting that Jeter is making his presence in Florida known, not questioning him for his choice to sleep with women out of wedlock.

 

I expect that most MLB players are sexually active with either their girlfriends, their wives, or both. Most avoid scenes regarding parking fees the morning after, though...I sincerely wonder if it's an attempt to gain press that he's currently in Florida.

[Taliesin]

Oh no...sigh. Somehow I knew that your exact accountants mind and mine would clash at some point, but I've got too much going on right now to do it justice. As to your first sentence. I'll consult my psychologist. I was never hugged as a child. I don't think I suggested that people who judge others are pedophiles. I'm sort of abstract in the way that I think, and write, almost always sarcastic, but I'm reasonably certain that I didn't suggest that. If I did, I'm an idiot and I'll permanently withdraw the field and send myself to a very very cold place...preferably Siberia. In December. With those big fuzzy hats.

 

I don't see how commenting that I respond viscerally w/ saying I don't like cold judgmental people is even close to being relevant to any argument....less the one that I'm not actually having w/ anyone.

 

I was talking about the holier than thou attitude. If you felt the shoe fit than sobeit.

 

I could tie shoestrings around your very precise and statistically valid arguments until the cows (and you see how I turned it back around to the moo mentality) come home but I've got a crazed ex and a mortgage. You can quote Federal code and what not forever. Baseball Anthologies till the end of time. Claim flame wars....I actually have other stuff to do, but I'll be happy to continue the dialogue in Spring. Please refrain from the armchair Freud routine if you don't mind.

 

Cause darlin' I've got your number.

[Mr Crunchy]

those who think that jetsey had no part in this area of deceipt are fooling themselves.

 

if you think jetsey is an innocent party by claiming florida as his permanent residence you must then assume that the clear creme barry was putting on his body is bandosoleil and not steroids.

he signed off on his taxes

derek jeter

1 main st

tampa fl

330000

 

knowingly filing false info is a crime

knowing is a crime period,believe me on this

when you start with the address being f***ed up where do you stop?

the entire can of worms gets opened as it should

im tired of men with 8 figure deals f***ing the system to tears while the rest of us get bent over without the benefit of a reach around

fine his ass,penalize him,make him sit in a f***ing audit for 4 hours while his entire life gets dissected by a f***ing dweeb with no cock,social skills or desire to have fun.

 

a 1% across the board sales tax on food will work

who can get around eating?

[BudLight]

those who think that jetsey had no part in this area of deceipt are fooling themselves.

 

if you think jetsey is an innocent party by claiming florida as his permanent residence you must then assume that the clear creme barry was putting on his body is bandosoleil and not steroids.

he signed off on his taxes

derek jeter

1 main st

tampa fl

330000

 

knowingly filing false info is a crime

knowing is a crime period,believe me on this

when you start with the address being f***ed up where do you stop?

the entire can of worms gets opened as it should

im tired of men with 8 figure deals f***ing the system to tears while the rest of us get bent over without the benefit of a reach around

fine his ass,penalize him,make him sit in a f***ing audit for 4 hours while his entire life gets dissected by a f***ing dweeb with no cock,social skills or desire to have fun.

 

a 1% across the board sales tax on food will work

who can get around eating?

 

The Olsen twins and Karen Carpenter :dunno:

[rician blast]

As much a passionate baseball fan as I am, I'm not sure I can equate a President of the most powerful nation on earth making up a war and inciting genocide (see Bill: Kosovo) to cover his indiscretions so to speak, to some doofus baseball player "cheating" on his taxes or another ego fluffed baseball player using substances that weren't banned at the time. The court of public opinion...no doubt should be on castigating these individuals.

 

Continuing off-topic to some extent, FTR, when I brought up Clinton's illicit actions involving a certain chubster in a blue dress and his denial of those actions (which was directed at over 100 million Americans), I hope all understand that this not only (1) far outweighs any of the other indescretions mentioned in this thread but also (2) only scratches the surface regarding the depravity of the former President in question.

 

To be more precise, I mentioned the Lewinsky Afffair as a means of pointing out that, at least IMO, things like Jeter's tax evasion, Bonds 'roid use, etc. pale in terms of severity to even the "slightest" misconduct that occurs in the White House, because of the responsibility of that position.

 

As far as Kosovo, I could hear some folks now...."But Talie, don't you know that the invasion of Kosovo was a policy consciously based on a mix of moral values and security interests with the parallel goals of halting a humanitarian tragedy and ensuring NATO's credibility as an effective force for regional stability?"

 

Wrong. What the Kosovo conflict DID do was generate some really good press for a Prez in need of a pick-me-up, but, of course, it was at the expense of innocent lives. Talk about disgusting and vial.

 

Coming full circle...Jetesy, pay your taxes, admit you were wrong, say you are sorry and let the media do what it does best, i.e. make more of the story than it is and continue to ignore or distort what is really important.

[YAZMAN]

As far as Kosovo' date=' I could hear some folks now...."But Talie, don't you know that the invasion of Kosovo was a policy consciously based on a mix of moral values and security interests with the parallel goals of halting a [u']humanitarian tragedy[/u] and ensuring NATO's credibility as an effective force for regional stability?"

 

Wrong. What the Kosovo conflict DID do was generate some really good press for a Prez in need of a pick-me-up, but, of course, it was at the expense of innocent lives. Talk about disgusting and vial.

 

Ummm, I'm thinking it's more like

 

"Kosovo wasn't that bad...

you know, for a Beach Boys song...

they were seabeachfred's favorite band...

three favorite bands ago...

some people have no honor or loyalty."

[Mr Crunchy]

nobody who lives in the baltic states is innocent,especially the f***ing serbs who have been stirring the s*** up since jesus wore short pants.

[Jayhawk Bill]

Oh no...sigh. Somehow I knew that your exact accountants mind and mine would clash at some point, but I've got too much going on right now to do it justice. As to your first sentence. I'll consult my psychologist. I was never hugged as a child. I don't think I suggested that people who judge others are pedophiles. I'm sort of abstract in the way that I think, and write, almost always sarcastic, but I'm reasonably certain that I didn't suggest that. If I did, I'm an idiot and I'll permanently withdraw the field and send myself to a very very cold place...preferably Siberia. In December. With those big fuzzy hats.

 

I don't see how commenting that I respond viscerally w/ saying I don't like cold judgmental people is even close to being relevant to any argument....less the one that I'm not actually having w/ anyone.

 

I was talking about the holier than thou attitude. If you felt the shoe fit than sobeit.

 

I could tie shoestrings around your very precise and statistically valid arguments until the cows (and you see how I turned it back around to the moo mentality) come home but I've got a crazed ex and a mortgage. You can quote Federal code and what not forever. Baseball Anthologies till the end of time. Claim flame wars....I actually have other stuff to do, but I'll be happy to continue the dialogue in Spring. Please refrain from the armchair Freud routine if you don't mind.

 

Cause darlin' I've got your number.

 

I've got yours, too. I mention an episode regarding Jeter making news in Florida that tangentially involves women with whom he spent the night. Immediately following it you write:

 

BTW. Jetesy can f*** as many hookers as he likes and not pay their parking tab. The hell do I care about his personal life other than some kind of odd voyeuristic journey into the darkness of his soul and the Post needs to sell more papers. Y'all can leave the moral argument out the door. I can control my own ethics. That's it. This holier than thou attitude is generally promulgated by those who can't keep their frocks off 11 year old boys. I don't trust the judgmental.

 

Then you come back with,

 

I don't think I suggested that people who judge others are pedophiles.

 

You can't even keep your own facts and insults straight...unless you care to allege that your post referenced any other previous post in the thread.

 

Armchair Freud? You're projecting. Go try to deal with your ex. Flee the possibility of another Clinton Administration. Admit, again, that you're not capable of logical response at the same level as that found in other posts.

 

But when you defend Derek Jeter by casting aspersions regarding the sexual preferences of those who disagree, you discredit your position, you invite caustic response, and you lower the plane of discussion.

[a700hitter]

A weak response after more than a day and a half wait. Jay, I expected something much better.

[Jayhawk Bill]

A weak response after more than a day and a half wait. Jay' date=' I expected something much better.[/quote']

 

Fair criticism. If you check board activity, the response was within a few minutes of my reading the post, so the response wasn't pondered for days, but I appreciate your holding me to a high standard, regardless.

 

If you'd care to lend a hand in support, come forth: I guarantee you that I'll remember the favor.

[Taliesin]

http://bosoxbanter.mlblogs.com/my_weblog/2007/03/jayhawk_bill_sa.html

 

pretty infamous aren't ya Bill. Squawking and preening everywhere.

[Jayhawk Bill]

http://bosoxbanter.mlblogs.com/my_weblog/2007/03/jayhawk_bill_sa.html

 

pretty infamous aren't ya Bill. Squawking and preening everywhere.

 

Too kind of you to bring that up...but thanks.

 

I was asserted to have said,

 

It was Jayhawk Bill who offered some questionable if not ludicrous opinions. I will not invest the time to list all of these remarks, but you can get the idea by just reading one - his view that you cannot pencil in David Ortiz and Manny Ramirez for 35-plus home runs and 100-plus RBI because they are reaching a point in their career where their numbers will start to slide.

 

Manny Ramirez, 2007: 20 HR, 88 RBI

David Ortiz, 2007: 35 HR, 117 RBI

 

My position was that you can't count on 35-plus home runs and 100-plus RBI, and that their numbers would start to slide. Papi barely made it; Manny didn't make it. Papi dropped by 19 HR and 20 RBI; Manny dropped by 15 HR and 14 RBI. That's what I'd call numbers starting to slide.

 

If the best that you can do to try to ridicule me is to point out a pre-season post where the poster and all the responders ridiculed me, and where I was clearly vindicated by the actual results of the season, your head is farther up your ass than I'd previously imagined.

[TheKilo]

http://bosoxbanter.mlblogs.com/my_weblog/2007/03/jayhawk_bill_sa.html

 

pretty infamous aren't ya Bill. Squawking and preening everywhere.

 

Wow, he's infamous for making an argument that just might hold some merit?

 

HOLYSHIT

[Cocos Disciples]

Seriously, Jayhawk Bill is easily one of the 5 smartest people on this board. I don't get where all the criticism comes from.

[schillingouttheks]

Alright, enough's enough. If you don't like what he has to say, you don't have to respond to it. Or you can put him on your ignore list. I've let this little back-and-forth go on for awhile hoping it would die out and people would just leave him alone, but that hasn't happened. SO: there will be no more of this. I will move inflammatory posts and other crap to the fights and crap forum, or just delete them if they don't contribute if I feel like it. Seriously, this has gone too far. He's infamous for making an argument that ended up being legitimate? Come on.

 

JB is one of the smarter posters on this board, and we're lucky to have someone that will take so much time and effort to put the kind of analysis that he does into his posts. You can disagree with his approach all you want, but you at least have to respect it, him, and his opinions. No more of this, aight? Thanks.

[Cocos Disciples]

Werd

[Mr Crunchy]

the up on the monster board is full of nice people

but then 1 guy emailed incessently about my grammar and punctuation and that relationship ended before it had a chance to begin.

too many ball washers

not enuff room to think outside the party lines