A good rule in drafting contracts is to say what you mean. The Danielson Rule is that, for tax purposes, you will often be held to mean what you say. That is, taxpayers will often be barred from using the substance over form doctrine
when they seek to have a tax result that differs from the result mandated by the form in which a transaction is structured.
The Tax Court in the case of Thomas Watts applied the Danielson Rule to deny the taxpayer the ability to recast, for tax purposes, the terms of a transaction. I have posted the opinion here:


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More from @sltax

14 Oct
I have posted the DOJ's lawsuit against Ms. Wolkoff, former aide of Melania Trump. One question leaps to mind: Did the guys who signed off on this lawsuit actually go to law school?
If they did, they would have learned in the first semester course on contracts that a contract cannot be gratuitous. Yet, they seek to enforce a document entitled "Gratuitous Service Agreement" and which provides, in part, that
Wolkoff is "not an employee of the Federal government for any purpose."

Perhaps they should read Fed.R.Civ.P. 11(b) which provides, in pertinent part, that by signing the complaint they certify
Read 5 tweets
11 Oct
The Trump campaign lost another attempt to suppress voting, this time in Pennsylvania.
As set forth by the Court, there were three claims presented: "First, whether the use of so-called “drop
boxes” for mail-in ballots is unconstitutional, given the lack of guidance or mandates that those drop boxes have security guards to man them.
Second, whether the Secretary’s guidance as to mail-in ballots—specifically, her guidance that county election boards should not reject mail-in ballots where the voter’s signature does not match the one on file—is unconstitutional.
Read 6 tweets
10 Oct
I have uploaded two federal cases dealing with the '20 election.

The first is a case from Florida dealing with the breakdown of the Florida registration process. slnews.us/pbgl101020a
The second is a case from Texas ordering Texas to suspend its "single voting location" rule. slnews.us/pbgl101020b

The Florida opinion is more interesting. The relief sought was denied because the Court felt that the wrong could not be remedied.
However, the opinion makes it clear that: "In the end, this case is not about Floridians missing registration deadlines. This case is also not a challenge to a state statute. This case is about how a state failed its citizens.
Read 5 tweets
5 Oct
The NIH defines "encephalopathy" as follows: "Encephalopathy is a term for any diffuse disease of the brain that alters brain function or structure. Encephalopathy may be caused by infectious agent (bacteria, virus, or prion), metabolic or mitochondrial dysfunction, brain tumor
or increased pressure in the skull, prolonged exposure to toxic elements (including solvents, drugs, radiation, paints, industrial chemicals, and certain metals), chronic progressive trauma, poor nutrition, or lack of oxygen or blood flow to the brain.
The hallmark of encephalopathy is an altered mental state. Depending on the type and severity of encephalopathy, common neurological symptoms are progressive loss of memory and cognitive ability, subtle personality changes, inability to concentrate, lethargy, and
Read 6 tweets
4 Oct
A short story for a Saturday night, "The Masque of the Red Death" by Edgar Allen Poe.

It starts: "The 'Red Death' had long devastated the country. No pestilence had ever been so fatal . . . ."
Prince Prospero, "when his dominions were half depopulated, summoned to his presence a thousand hale and light-hearted friends from among the knights and dames of his court, and with these retired to the deep seclusion of one of his castellated abbeys.
This was an extensive and magnificent structure . . . ."

"It was towards the close of the fifth or sixth month of his seclusion, and while the pestilence raged most furiously abroad, that the Prince Prospero entertained
Read 6 tweets
21 Sep
If anyone doubts that the Trump Administration is, to its core, dishonest, read this: "The C.D.C. removes guidance acknowledging the virus is transmitted mainly in the air, days after posting it." nytimes.com/2020/09/21/wor…
Then, read this from the Proceedings of the National Academy of Sciences. "We have elucidated the transmission pathways of coronavirus disease 2019 (COVID-19) by analyzing the trend and mitigation measures in the three epicenters.
Our results show that the airborne transmission route is highly virulent and dominant for the spread of COVID-19. The mitigation measures are discernable from the trends of the pandemic.
Read 6 tweets

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