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Search: Posts Made By: Top_Gunn
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09-15-2010, 08:08 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

That's just wrong. You can find some Supreme Court cases requiring "malice" for a finding of liability in some, but not all, defamation cases. But "malice" as used there doesn't mean evil intent. It...
09-15-2010, 07:58 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Milkovich is an odd and kind of scary case, which I have written about in some of my work. The defendant made statements that were phrased as opinions and which looked to me like opinions, too, but...
09-15-2010, 07:46 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Well, OK, that's clear enough. You might add a disclaimer to your posts along the lines of "when I say the law is such and such, I don't mean the law of the US or any state, I mean my own version of...
09-15-2010, 07:13 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Well, OK. I was confused by your "True," since the rest of your post seemed to be saying the opposite. So what quotes from legal authorities were you referring to?
09-15-2010, 07:08 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

So why in the world are you posting statements about what the law requires?

Sometimes people post questions about electronics, a subject about which I know practically nothing. These posts do...
09-15-2010, 07:02 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Nothing here says the defendant's motive matters. A reasonable belief that a statement is true is a statement about belief in truth, not motive. Same with "honest belief in soundness." Whether a...
09-15-2010, 06:28 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

?? What does this mean? I have seen no quote from any legal source that says a defendant's motive is relevant in a defamation case. And I won't see one, because it isn't.
09-15-2010, 06:20 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Huh? The law of defamation has a lot of interesting and arcane characteristics. But the defendant's motive is not one of them. Defaming someone intentionally or negligently is actionable, whether...
09-15-2010, 05:56 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Since $18 times 140,000 is over $2 million, it seems clear that the AMA is (quite properly) not treating the subscription income as revenue from an unrelated trade or business, despite what seems to...
09-15-2010, 05:11 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Here's an excerpt from an example in the relevant treasury regulation. Regulations are law (a minor exception aside).
09-15-2010, 04:29 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Right. The only real questions left over involve determining the amounts of income and expenses to allocate to the untaxable subscription income and the amount of expenses to allocate to the taxable...
09-15-2010, 03:56 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

The opinion that matters is the Treasury Department's. You can find it in section 1.513-1 of the Treasury Regulations. Basically, subscription income from MA would clearly not be unrelated trade or...
09-13-2010, 12:49 PM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

Good advice. Some of us, including me, have been ignoring the fundamental rule of internet communication: Don't feed the trolls. I resolve to do better in the future. It's hard. Kind of like when...
09-13-2010, 09:02 AM
Replies: 587
Views: 42,769
Posted By Top_Gunn

RE: AMA lawyers

The only thing that's going to "transpire" between him and the IRS is that he's going to get (or has gotten) a form letter thanking him for his letter about the AMA. The Service is not allowed to...
Showing results 1 to 14 of 14


 
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