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#4
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| Dick Adams wrote: - quote - > > CCG Tax News Headlines - July 16, 2008 > > > Access to topics shown below: > > http://tax.cchgroup.com/news/headlin...nws71608.htm#1 > > ... > > Appeals Court Required to Review Sentence for Abuse of > > Discretion (Taylor, SCt) ... > I wanted to read the trail of opinions on this case > because the defendant is a part-time tax preparer > who aided and assisted in the preparation of false > tax returns. However, I do not understand the CCH > nomenclature. If Johnny and the Supremes "summarily > vacated and remanded", is there an opinion somewhere? > CCH says this is based on Gall v. United States, > 128 S. Ct. 586 (2007) with which I am familiar and > has to do with the latitude of sentencing guidelines > rather than taxes. It appears to me that the current > approach is very pro defendant. In Gall and in Taylor, > the prosecution complained the sentence was too leinent. > I understand the leinency in Gall. I would like to read > the mitigating circumstances in Taylor. > Anyone have cites for Taylor? > Dick http://www.ca1.uscourts.gov/cgi-bin/...ON=06-2216.01A http://www.ca1.uscourts.gov/cgi-bin/...2216SCTRMD.01A http://appellate.typepad.com/appella...g-decisio.html -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| tobe <ybotkaSMP[at]cinci.rr.com> wrote: - quote - > Dick Adams wrote:
Thanks. Upon finding his full name is Thalmus R. Taylor,> > > CCG Tax News Headlines - July 16, 2008 > > > > > Access to topics shown below: > > > http://tax.cchgroup.com/news/headlin...nws71608.htm#1 > > > ... > > > Appeals Court Required to Review Sentence for Abuse of > > > Discretion (Taylor, SCt) ... > > ... > > Anyone have cites for Taylor? > The Solicitor General's response (which asks the SCt to > do what they did) is available at: > http://www.usdoj.gov/osg/briefs/2007...0388.resp.html I found the Appellate Court decision at: http://www.ca1.uscourts.gov/pdf.opin...6-2216-01A.pdf Dick -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| Dick Adams wrote: - quote - > > CCG Tax News Headlines - July 16, 2008
did) is available at:> > > Access to topics shown below: > > http://tax.cchgroup.com/news/headlin...nws71608.htm#1 > > ... > > Appeals Court Required to Review Sentence for Abuse of > > Discretion (Taylor, SCt) ... > I wanted to read the trail of opinions on this case > because the defendant is a part-time tax preparer > who aided and assisted in the preparation of false > tax returns. However, I do not understand the CCH > nomenclature. If Johnny and the Supremes "summarily > vacated and remanded", is there an opinion somewhere? > CCH says this is based on Gall v. United States, > 128 S. Ct. 586 (2007) with which I am familiar and > has to do with the latitude of sentencing guidelines > rather than taxes. It appears to me that the current > approach is very pro defendant. In Gall and in Taylor, > the prosecution complained the sentence was too leinent. > I understand the leinency in Gall. I would like to read > the mitigating circumstances in Taylor. > Anyone have cites for Taylor? > Dick The Solicitor General's response (which asks the SCt to do what they http://www.usdoj.gov/osg/briefs/2007...0388.resp.html -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| rdadams[at]panix.com (Dick Adams) wrote: - quote - > > CCG Tax News Headlines - July 16, 2008
Not yet that I can find. Here's the official Supreme Court web page> > > http://tax.cchgroup.com/news/headlin...nws71608.htm#1 > > ... > > Appeals Court Required to Review Sentence for Abuse of > > Discretion (Taylor, SCt) ... > I wanted to read the trail of opinions on this case > because the defendant is a part-time tax preparer > who aided and assisted in the preparation of false > tax returns. However, I do not understand the CCH > nomenclature. If Johnny and the Supremes "summarily > vacated and remanded", is there an opinion somewhere? for the current term - I didn't see it there: http://www.supremecourtus.gov/opinio...ipopinion.html It might be there, but they don't give enough information for me to find it. I guess you'll just have to go to your closest law library and look it up in the CCH materials by their paragraph number. Stu -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| - quote - > CCG Tax News Headlines - July 16, 2008
I wanted to read the trail of opinions on this case> Access to topics shown below: > http://tax.cchgroup.com/news/headlin...nws71608.htm#1 > ... > Appeals Court Required to Review Sentence for Abuse of > Discretion (Taylor, SCt) ... because the defendant is a part-time tax preparer who aided and assisted in the preparation of false tax returns. However, I do not understand the CCH nomenclature. If Johnny and the Supremes "summarily vacated and remanded", is there an opinion somewhere? CCH says this is based on Gall v. United States, 128 S. Ct. 586 (2007) with which I am familiar and has to do with the latitude of sentencing guidelines rather than taxes. It appears to me that the current approach is very pro defendant. In Gall and in Taylor, the prosecution complained the sentence was too leinent. I understand the leinency in Gall. I would like to read the mitigating circumstances in Taylor. Anyone have cites for Taylor? Dick -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| CCG Tax News Headlines - July 16, 2008 Access to topics shown below: http://tax.cchgroup.com/news/headlin...nws71608.htm#1 FEDERAL NEWS Final, Temporary, Proposed Regs Issued on Foreign Tax Credits, Structured Passive Investment Arrangements (T.D. 9416; NPRM REG-156779-06) Appeals Court Required to Review Sentence for Abuse of Discretion (Taylor, SCt) STATE NEWS California --California --Sales and Use Tax: SBE Conducts Hearing on Nexus and Online Retailers Missed a headline? Review last week's tax news - http://tax.cchgroup.com/NewsHeadline...ookie%5Ftest=1 -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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