Archive for the ‘lawyers’ Category

Taxes and Attorney Fees: Make Lawsuit Income Schedule C Income by Regulation

January 13th, 2018 No comments

Update January 15: See the next post for essential connection with this one.  I now think I might be wrong in a lot because of not knowing the “trade or business” law well enough.  Read with caution! I’ll read some cases and revise as necessary. My conclusion that IRS regs can be revised easily, without objection, may or may  not survive.

Apparently the 2017 tax bill eliminates deductions for attorney fees by eliminating miscellaneous itemized deductions (see Professor Gregg Polsky’s Slate article). I knew a lot about this at one time, because I was thinking about taxation of my Citigroup qui tam suit if I won. I’m now intending just to donate the proceeds to charity via a transfer of the lawsuit to a foundation if I get closer to winning, though I was hoping to deduct some fees for 2017 even though no income had yet been generated.  So I discovered the unsatisfactory legal treatment of contingency fees. Personal injury lawsuit income isn’t taxed at all, so the problem doesn’t arise, but income from libel suits and tax, SEC, or government contract whistleblower suits is taxable, and contingent fees are commonly 40%. Read more…

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Ethics vs. Religion in Government

March 27th, 2009 No comments

Richard Painter at VC:

I do not address this as a matter of constitutional law, or theology, which I leave to others. I am saying that government entanglement with religion is difficult from a government ethics lawyer’s perspective. The more entanglement there is, the more difficulty there is. Combine religion with partisan political activity, as many government officials now do, and the ethics lawyer confronts a three way mix of Hatch Act regulations, the Establishment Clause and government ethics regulations. I pointed out in an earlier post that ethics problems often begin when someone thinks he or she can wear two hats instead of one. Try three.

My comment, after a number of others noting that religion in government is more persecuted than persecuting:

I, too, see some lawyerly blindness here. Most of us get a lot more nervous about lawyers hanging around the White House than clergymen. A clergyman might pray that I be damned (though I can’t think of any real ones that would actually), but an ethics lawyer might take away my money, my job, or my liberty, using the power of the state.

Similarly, it’s a lot more threatening when someone says, “We all believe in affirmative action, don’t we— since it’s it’s racist not to and you’re all forbidden by law to discriminate” than when someone says, “We all believe in the supremacy of the Pope, don’t we– since if you don’t, you’re not a Roman Catholic.” When people call their faith-held belief “ethics” they’re a lot more dangerous than when they call them “religion”.

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