Tag: tax

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Transcript of OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 377!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas, and I sincerely mean that!  Comnin’ off of a great interview with Andrew Seidel last week, we’ve got AG from Mueller She Wrote this week, I couldn’t be happier!

Thomas:         Not only that, we’ve got a rare two-guest show because Andrew, of course, is going to be back with us for the thrilling conclusion of T3BE, but also as you mentioned, AG from Mueller She Wrote is on for the main segment, so wow, how fun!  You know, we’re trying to keep our – we’re all quarantined but we’re keeping our interactions up!

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Transcript of OA372: The CARES Act, COVID-19, and Your $1,200 Check

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 372!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         Well I am doing coronavirus-infested fantastic, Thomas, how are you?

Thomas:         Yeah, I mean we were all very concerned that you were infected with said coronavirus, are you feeling … better?  Recovering?

Andrew:         I honestly think that it was sort of a combination of crappy seasonal cold and then that first day it went from like 35 to 75 here and I think the pollen went nuts.  So in any event, I have been feeling lousy for about a week but following the protocols and I am on the upswing.

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OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

Today’s episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for “Below the Radar,” stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference.

We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES Act to the sad and perhaps inevitable ascension of 37-year-old Federalist Society hack Justin Walker, Andrew Was… Something.

After that it’s time to welcome on AG to discuss a recent ruling requiring the Trump crime syndicate in both their individual and corporate capacities to actually litigate claims rather than shunt them off into arbitration. Andrew and AG break down the significance of last week’s ruling, which may have flown… Under The Radar (TM).

Then, it’s time for the answer to #T3BE 173 involving an auto accident, contributory negligence, and one of our favorite lawyers. Did Thomas and Andrew get it right? Listen and find out!

Patreon Bonuses

We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don’t forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don’t forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!

Appearances

Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We broke down the CARES Act in Episode 372, and you can check out the final “no offset” provision here, on p. 154.
  2. For more on Justin Walker, check out his debate with Andrew on Episode 224 and our breakdown of his lack of qualifications to serve on the federal bench in Episode 289.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA372: The CARES Act, COVID-19, and Your $1,200 Check

Today’s episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 “rebate” checks to taxpayers, and (3) the $500 billion “slush fund” for corporate giveaways. While there’s more in this 880-page monstrosity, we break down the key parts for you!

We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES!

After that it’s time for a full breakdown of the main components of the CARES Act, including how much money you’ll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner’s pocket. You won’t want to miss it!

After all that, it’s time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you’re a nonresident alien.

Patreon Bonuses

There’s so much right now! If you’re a Patron, you can submit your questions for next Tuesday’s LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and you can also enjoy Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides!

Appearances

Andrew was just a guest on the Daily Beans Podcast, talking President Leahy. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. On the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause).
  2. You can read the final CARES ACT for yourself, all 880 pages of it!
  3. Please do fill out IRS Form W-7 if it applies to you.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA344: Did the Mormon Church Really Hide $100 Billion in Assets From the IRS? (Feat. Bryce Blakenagel)

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Topics of Discussion

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 344, I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas!  How are you?

Thomas:         Doin’ great.  I am very excited to have our good friend, Bryce Blankenagel on the show from the various incendiary Mormon podcasts, ex-mormon podcasts, the Glass Box podcast and Naked Mormonism.  So excited to get to that because it’s possible that the Mormon church is hiding $100 billion in taxable assets?

Andrew:         I read this article in the Washington Post, I looked at it and I was like [Stammers] somebody – journalists are as bad with numbers as they are with the law.  It has to mean they’re hiding $100 million, right?

Thomas:         Which still would be insane, by the way.

Andrew:         Right, which if you have $100 million that you would like-

Thomas:         Patreon.com/law!  [Laughs]  

Andrew:         Head on over to patreon.com/law. [Laughs]  We will not tell!  No, this story is amazing and I love the we have Bryce here to explain the facts, he knows some of the inner workings and I’m gonna get a chance to delve into arcane provisions in the tax law, which just – that’s like throwin’ a yule log on the fire over here at-

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OA344: Did the Mormon Church Really Hide $100 Billion in Assets From the IRS? (Feat. Bryce Blankenagel)

Today’s episode combines a deep dive into the IRS’s tax exemptions with some breaking news about allegations made by a whistleblower that the Church of Jesus Christ of Latter-Day Saints (that is, the Mormon Church) has hidden over $100 billion in assets that should otherwise be taxed. Grab some yarn and pushpins, and we’ll try and disentangle this conspiracy together!

Joining us is the host of the Naked Mormonism and Glass Box podcasts, Bryce Blankenagel, who has first-hand knowledge of some of these events and has done serious work trying to parse through the documents and help us figure out what the mainstream reporting on this story might have missed! Along the way you’ll learn a ton about the various corporate entities owned by the Mormon Church.

After that, we return to a popular #T3BE question involving whether the court can instruct the jury as to one of the elements of a crime. Can Thomas add to his amazing one-question win streak??? Listen and find out!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the whistleblower’s 78-page letter to the IRS, and here to watch his 7-minute video summary. NOTE: We do not endorse all of the claims and/or analysis made in that video.
  2. Check out 26 U.S.C. § 501(c)(3) for the statutory provisions regarding non-profits, and here to read the special rules as to when the IRS can investigate or audit a church.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA270: Happy Tax Day!

Today’s episode brings you a trio of timely stories that all revolve around taxes: the Michael Avenatti indictment (for 29 courts of tax fraud), proposed legislation that some are arguing hamstrings the IRS, and (of course) the status of Congress’s efforts to get Trump’s tax returns. We also learned about very cool free online tax filing (Free File)… albeit too late to help most of you. Sorry about that.

We begin with the lawyer who will never come on our show — Michael Avenatti, who rose to fame on the back of the genius of Stormy Daniels, and whom we first debunked as a grifter just a few months later (way back in Episode 181!) Turns out he’s been arrested for tax fraud. Who could have seen that coming? (Oh yeah, everyone.)

After that, it’s time for a deep dive into HR 1957, the Taxpayer First Act of 2019. Is it really a Democratic-sponsored sellout to Turbotax, as some folks are saying? Listen and find out!

Then, it’s time to revisit the question of Trump’s taxes. Can Trump really stonewall indefinitely on his taxes? (No.) Does the law pave the way for Democrats to get his tax returns? (Yes.)

After all that, it’s time for the answer to TTTBE #122 regarding the nonexistence of official documents.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances
None! Andrew will be at the American Atheist convention in Cincinnati, Ohio this weekend, April 19-21. And if you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. For 2020: Click here to access Free File.
  2. You can read Avenatti’s indictment, and/or catch up on all his scumbaggery by re-listening to Episode 181.
  3. This is the text of H.R. 1957, this is the text of the Eighth Memoradum of Understanding between the IRS and Free File, and this is the text of 67 Fed. Red. 67247 which references the MOU.
  4. Here’s an example of an alarmist op-ed in the Washington Post, and this is the initial article from ProPublica.
  5. We first outlined how to get Trump’s tax returns back in Episode 226; that’s still the right plan. We covered Rep. Neal’s request in Episode 267. The applicable statute is 26 U.S.C. § 6013.
  6. You can read Consovoy’s totally crazy crazypants letter here.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com




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OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

Today’s breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the “originalist” view of the Eighth Amendment.  Is it as bad as you think it is?  (Yes.)

We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration “changed its mind” and “will no longer defend” the Affordable Care Act.  What does that mean?  Listen and find out!

Then, it’s time for our deep dive into Bucklew v. Precythe, the Supreme Court’s analysis of how the 8th Amendment applies in capital punishment cases.

After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump’s tax returns and an EPIC FOIA request.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Thomas was just a guest on the Cognitive Dissonance podcast; go check it out!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

1. Wikipedia entry on sodium thiopental can be found here.
2. Glossip v. Gross (2015)
3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019)
4. 8th Circuit’s opinion below in Bucklew
5. Congressional letter requesting Trump’s taxes
6. Bonus! Zuckerman amicus brief in the ACA litigation.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com

 

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OA159: What Was So Bad About Watergate? Part 1: The Saturday Night Massacre

Today’s episode takes our time machine back to 1972, as Richard Nixon’s Committee to Re-Elect the President (“CREEP”) planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation’s history when a President has resigned in disgrace.  Exactly what happened?  In this episode, we talk about the “Saturday Night Massacre,” and what it means today.

First, though, we examine the unintended consequences of the Republican tax bill crammed through the Senate in the waning moments of 2017.  Might the bill actually prevent the major sports franchises, such as Major League Baseball, from trading players??  Listen and find out!

After the main segment, Andrew tackles a listener question regarding the “Guarantee Clause” of the Constitution.  What is it, and why should you care?  Listen and find out!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #67 about breach of contract.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  Have us on your show!

Show Notes & Links

  1. The provision of the tax code discussed in the “A” segment is 26 U.S.C. § 1031, and you can click here to read about the previous IRS opinions regarding major sports franchises and like-kind exchanges.  You can also check out the New York Times article that first revealed this uncertainty.
  2. The primary cases we discussed regarding Watergate were Nixon v. Sirica, 487 F.2d 700 (D.C. Cir. 1973) and United States v. Nixon, 418 U.S. 683 (1974).
  3. The two cases analyzed in the “C” segment were Luther v. Borden, 48 U.S. 1 (1849) and dicta from New York v. United States, 505 U.S. 144 (1992).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com

 

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