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coboardhead



Joined: 26 Oct 2009
Posts: 4303

PostPosted: Tue Sep 21, 2010 9:08 pm    Post subject: Reply with quote

My point, is that these tools are so complicated that they require retaining professional and, in my experience, very expensive advice.

I think that your assumption that success in a business or profession makes one sophisticated and capable to negotiate these complex legal issues is not true.

Many of us can be quite successful in the practice of our professions without ever needing to talk to a lawyer. I will admit, until we heard of these sort of estate planning tools, through a casual conversation with an attorney friend, I did not know they existed. Why is that? Cause 60 hour weeks, maintaining a profession and growing a business (with a few windsurfing sessions thrown in) is all a lot of us can handle.

I know that my Grandfather's farm, in the day, barely provided him a living. He did not have money to hire legal advice. The farm, in next years possible estate tax scenario (if a small business), would be valuable enough to exceed the threshold and would have to be sold to pay taxes.

Our tax code is overly complex. I believe that much of this complexity is DESIGNED to require the retention of professional advice to properly navigate.

This is wrong. I would gladly turn over the money I spend on accounting and legal advice to help reduce the national debt.
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coboardhead



Joined: 26 Oct 2009
Posts: 4303

PostPosted: Tue Sep 21, 2010 9:23 pm    Post subject: Reply with quote

Oh, and by the way.

My interpretation of Dick the Butcher's statement:

He is sarcastically describing a utopia where lawyers did not exist. He goes on to, basically, describe lawyers as theives (using "beeswax). Or stealing using the pen.

Not that they are in the way of his plot.
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keycocker



Joined: 10 Jul 2005
Posts: 3598

PostPosted: Tue Sep 21, 2010 9:30 pm    Post subject: Reply with quote

Well spoke. I know little about estate matters but am still successful enough.


Iso said "I never knowingly put words in others’ mouths; that’s the far left’s game here, and it’s why and how they look so foolish to people who can read for themselves and a major reason I killfiled them."
When I began to post here the others were kind enough to fill me in on Iso.
He posts as a Talk Radio show with him as the host.. Same content- often same "facts"
On TR you can never check the hosts facts. He has no idea if they are true. They get them by polling to see what "truth" the audience wants today.
The host, like Iso, streams silly opinions you supposedly hold and then cuts you off.
Iso provides dumb opinions for others quite often here. Those who fact check him are "plonked" in his words and he pretends he can't see their posts with some software...
Now and then he responds to their posts anyway, so the pretense often breaks down.
According to him he gets no respect because
He is a conservative
-We come from all backgrounds Dems,GOP, no politics, but agree Iso is a troubled person
The others are all psychos.
-Could all hundred of us be psychos?
We are all traitors to the US
-Offensive talk radio speak, heard on the air all the time.
We don't know anything about.....
-He is often speaking to lawyers about law ,teachers about teaching, water engineers about water, and we are all always wrong in our own fields.
I ignore this advice at first, then one day I quoted him saying something foolish and he went crazy on me and said he was going to contact my employer and get me fired.
Looked me up to see how to hurt me for quoting him.
By way thanks to one and all GOP, Dems, everyone for sending me a mail like this at first.
Sorry I didn't listen.
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mrgybe



Joined: 01 Jul 2008
Posts: 5181

PostPosted: Tue Sep 21, 2010 9:52 pm    Post subject: Reply with quote

coboardhead wrote:
I think that your assumption that success in a business or profession makes one sophisticated and capable to negotiate these complex legal issues is not true.


You are absolutely correct.
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DanWeiss



Joined: 24 Jun 2008
Posts: 2296
Location: Connecticut, USA

PostPosted: Wed Sep 22, 2010 7:43 am    Post subject: Reply with quote

coboardhead wrote:
My point, is that these tools are so complicated that they require retaining professional and, in my experience, very expensive advice.

I think that your assumption that success in a business or profession makes one sophisticated and capable to negotiate these complex legal issues is not true.

Many of us can be quite successful in the practice of our professions without ever needing to talk to a lawyer. I will admit, until we heard of these sort of estate planning tools, through a casual conversation with an attorney friend, I did not know they existed. Why is that? Cause 60 hour weeks, maintaining a profession and growing a business (with a few windsurfing sessions thrown in) is all a lot of us can handle.

I know that my Grandfather's farm, in the day, barely provided him a living. He did not have money to hire legal advice. The farm, in next years possible estate tax scenario (if a small business), would be valuable enough to exceed the threshold and would have to be sold to pay taxes.

Our tax code is overly complex. I believe that much of this complexity is DESIGNED to require the retention of professional advice to properly navigate.

This is wrong. I would gladly turn over the money I spend on accounting and legal advice to help reduce the national debt.



Let's not debate the complexity of the tax code and its dire need for total overhaul. I do take issue with the degree of sophistication required to realize, at some point over the lifespan of a growing business, that incorporating is a subject worth investigating. Yes, I went to law school. But I knew about corporations in a general sense before then, back when I spend more time chasing wind and waves.

The point about incorporating or something akin was offered as a way to decrease personal liability for business risks. It's secondary effect is to remove the corporate assets from a decedent's estate. One's recognition of that usually occurs later in the life of the principal owner of the close corporation.

I also agree that business success does not equate to sound legal judgment. One of my practice's concentration is construction law, but I can't weld a girder, build a concrete frame or even run a line of ROMEX. I hire professional contractors for such work. We all do what we do, and I strive to provide legal advice worth far more in the long run than the fees paid by my clients to obtain that advice.

P.S. Dick the Butcher didn't run a delicatessen. He was a killer -a henchman plotting to usurp the thrown via Jack Cade. You are correct in saying that Dick made his famous statement sarcastically, and that's why it's fair to say that people who employ that quote to criticize lawyers use the quote out of context. It stands for the opposite of how it is proposed to be used by most people today.

That said, the scene is very, very funny, and Dick's joke is the top of the humor. The work is almost 400 years old. It's hard to know what, if anything, Shakespeare really intended to say with that scene. But Shakespeare was an entertainer. A rabble rouser. I have no doubt that he played on the class tensions in his works, and that lawyers routinely found themselves in the center of his aim.
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isobars



Joined: 12 Dec 1999
Posts: 20939

PostPosted: Wed Sep 22, 2010 8:09 am    Post subject: Reply with quote

keycocker wrote:
On TR you can never check the hosts facts. ...

I quoted him saying something foolish and he went crazy on me and said he was going to contact my employer and get me fired.


Anyone with an IQ has little problem checking TR facts or lack thereof. One just Googles the topic and/or the sources cited by the TR host or guest, and out pours information from countless sources. Then anyone with an ounce of judgment weighs the "evidence" and determines whether the conclusion is a fact, a truly expert opinion, an educated guess, a total WAG, an honest mistake subsequently disproved, a baseless rumor, or total BS. I've listed my fact checking sources here, including but not limited to:
http://www.cbo.gov/
http://www.irs.gov/
http://www.politico.com/
http://www.census.gov/
http://www.stratfor.com/
http://www.snopes.com/snopes.asp
http://www.factcheck.org/
http://www.gpoaccess.gov/constitution/
http://www.usconstitution.net/const.html
http://thomas.loc.gov/home/thomas.html
Videos of politicians’ and public figures’ lips moving, in full context
Published acknowledgment by any news source of their own mistakes or lies
Broadcast campaign debates and speeches
Verbatim transcripts
Public acknowledgment of the *other side’s* achievements (reminiscent of the transmission shop that told me my automatic transmission was “fine; don’t touch it” at >200,000 miles)

Sure, I watch Fox News (rated very near political dead center in a liberal L.A. think tank’s three-university formal study of all news media bias) and listen to the more rational liberal and conservative talk radio hosts (we HAVE to if we want to learn about CURRENT issues and events not complimentary to the Democratic party). But before repeating important facts they present, I check with sources such as those listed above.

I then asked the lefties here, "What are your sources?"
Que up crickets chirping. I don't recall EVER seeing KC cite a source.
So I dug a little deeper to see what sources they had cited in the past: Huffington Post and MoveOn.org ... seriously.

As for getting him fired, here's what I posted; judge for yourselves:
keycocker (Dane Dingerson) wrote:
I asked [my 8th graders] to look at this message board in English class as a windsurfing oriented introduction to computer chat ... I explained that one of the problems in this medium is guys like him and they will encounter much worse.


"Dane, since I believe I can support virtually every statement I have ever made in person and on the internet, I’m not worried that you publicly displayed and criticized my forum comments in your school even though they contain my name and address. However, I expect other adults to be prepared to undergo the same scrutiny, so in the interest of fairness please understand this: the next time you lie about me, I will send an unaltered, full, fair transcript of your lies and baseless personal attacks against me to Heidi and Joni -- maybe also your board of directors -- to be sure they see both sides of the story and see how you represent your school to the world. (Do you really think your faculty and students are too dumb to judge your veracity and integrity for themselves?)

The only reason I’ve not done it yet is the good work you’re doing on Caye Caulker, but you’re undermining that. You, your fellow islanders, your students, and this forum will be far better served if you substitute truth for libel. Your provably false accusations here and your refusal to even try to support them render your judgment of and public testimony about Missouri voting place fraud very highly suspect."

"Get him fired"? No, that was his assessment, not mine, of the potential impact of his behavior.

No spin here; you make the call.
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isobars



Joined: 12 Dec 1999
Posts: 20939

PostPosted: Wed Sep 22, 2010 8:20 am    Post subject: Reply with quote

Back to protecting one's assets, I hope every one of you has converted his IRA into a "stretched" IRA. It takes just minutes, and can legally stretch a moderate IRA into many millions of dollars (one such example converted a $100K IRA into $8,167,629) for your grandkids. The tax codes not only allow this, but were written with this as its intent.

Read Ed Slott's book, "Parlay Your IRA into a Family Fortune".

Mike
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boggsman1



Joined: 24 Jun 2002
Posts: 9138
Location: at a computer

PostPosted: Wed Sep 22, 2010 8:43 am    Post subject: Reply with quote

Just a little positive news in a sea of bickering and negativity. Apple is at an all-time high, thats right , all time high, its the largest company on the NAZ, and second largest cap in the US behind Exxon, which I anticipate it overcoming in the next year. Netflix, Amazon, Salesforce, Orcl(9yr high), and many other big cap tech names are en fuego. This could be the beginning of something real positive, dont be scared!
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mrgybe



Joined: 01 Jul 2008
Posts: 5181

PostPosted: Wed Sep 22, 2010 10:24 am    Post subject: Reply with quote

DanWeiss wrote:
The point about incorporating or something akin was offered as a way to decrease personal liability for business risks. It's secondary effect is to remove the corporate assets from a decedent's estate.


Dan, I'm struggling understand your second sentence. Surely the value of shares in a corporation will be included in the decedent's estate........so incorporating would not alter estate tax liability?
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mac



Joined: 07 Mar 1999
Posts: 17775
Location: Berkeley, California

PostPosted: Wed Sep 22, 2010 10:30 am    Post subject: Reply with quote

This is hysterical that folks on this forum are defending people in business who can't figure out the best ways to involve their children in the business while minimizing their tax liability. It is the nature of business that folks who don't do it wisely go out of business. The American Way. Duh.
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