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Old 07-16-2008, 08:52 PM
Alan
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Posts: n/a
Default Re: CCG Tax News Headlines - July 16, 2008

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. > << ------------------------------------------------------- >
  #3  
Old 07-16-2008, 08:00 PM
Dick Adams
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Default Re: CCG Tax News Headlines - July 16, 2008

tobe <ybotkaSMP[at]cinci.rr.com> wrote:
- quote -

> Dick Adams wrote:

> > > 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


Thanks. Upon finding his full name is Thalmus R. Taylor,
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. > << ------------------------------------------------------- >
  #2  
Old 07-16-2008, 05:38 PM
tobe
Guest
 
Posts: n/a
Default Re: CCG Tax News Headlines - July 16, 2008

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

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

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #1  
Old 07-16-2008, 04:03 PM
Stuart Bronstein
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Posts: n/a
Default Re: CCG Tax News Headlines - July 16, 2008

rdadams[at]panix.com (Dick Adams) wrote:
- quote -

> > CCG Tax News Headlines - July 16, 2008
> > > 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?


Not yet that I can find. Here's the official Supreme Court web page
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. > << ------------------------------------------------------- >
 
Old 07-16-2008, 03:43 PM
Dick Adams
Guest
 
Posts: n/a
Default Re: CCG Tax News Headlines - July 16, 2008

- 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

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #-1  
Old 07-16-2008, 01:50 PM
John H. Fisher
Guest
 
Posts: n/a
Default CCG Tax News Headlines - July 16, 2008

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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