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    1. J

      Lifetime Estate

      It does not matter if the widow lived longer than expected, a lifetime estate is just that--ownership for life. As far as "selling the house out from under the estate"--you can only sell what property rights you have, and therefore the only thing she could sell is her own life interest. It is...
    2. J

      Got busted WITH(out) a MetroCard

      So then what is your defense? Do you honestly think I am posting from the side of the road? I don't need to look up the definition of libel per se, I know what it means, and although you do not need to show actual damages with libel per se, you still must show that the dafamatory language...
    3. J

      Got busted WITH(out) a MetroCard

      6 post average over last three days you moron. I'm off from work this week. You have averaged more than that over the course of an entire year. Have you been off for the entire year? Libel? really? What do you consider stating that I have a newspaper route and sell oranges?
    4. J

      Got busted WITH(out) a MetroCard

      I stated self defense as an example for why Murder is not a stict liability crime. I did not say that holding a gun to your head would be constitute self defense. If you can't read stop posting. And if you expect anyone to believe that you are an attorney when you thought that murder was strict...
    5. J

      Got busted WITH(out) a MetroCard

      Stricty Scrutiny offenses such as statutory rape eliminate some of the mental state requirements, but not all of them. What strict scrutiny really does is limit the scope of available defenses to a very small range. To say that a person who commits a strict scrutiny crime has no defense based on...
    6. J

      Got busted WITH(out) a MetroCard

      Once again YAG decided to put words in my mouth. Did I say putting a gun to your head allows you to commit murder? First of all KILLING SOMEONE IS NOT A STRICT LIABILITY CRIME! Ever hear of self defense? Second, we were talking about Speeding, and yes, IF SOMEONE PUTS A GUN TO YOUR HEAD AND...
    7. J

      Got busted WITH(out) a MetroCard

      Now I see how you make arguments--you put words in my mouth and then say they are incorrect. When did I say strict liability statutes are not constitutional? I said the requirement for mens rea is based in the constitution. Even strict liability statutes are not absolute. If someone held a gun...
    8. J

      What tax must be paid when selling property

      In this case the government does not get a share. If you would like to verify, the relevant statute is Section 121 of the Internal Revenue Code.
    9. J

      Got busted WITH(out) a MetroCard

      You really have no clue. I never said wreckless driving and speeding are the same offense, I said that driving without paying attention to your speedometer satisifies the "reckless" part of the definition of mens rea which requires an intentional or reckless STATE OF MIND. You can quote statutes...
    10. J

      Got busted WITH(out) a MetroCard

      I read the original post, the problem is your answer went beyond the original post regarding "intent to commit a crime" to state that NO intent is needed. The sleepwalker example was a hypo, I did not say that it was relevant to not swiping a metro card. With regard to speeding you are 100%...
    11. J

      Got busted WITH(out) a MetroCard

      Its technically wrong because you stated "only the commission of the act is, and you admitted you did it. Uhoh." Amazing how you can't even read your own writing. And by the way, I passed my criminal law final a long time ago.
    12. J

      Selling a house

      I'm sorry, Snipes is correct, I read the post quickly and missed the "divorce" part--this is what happens when I post at 2:45 in the morning.
    13. J

      Got busted WITH(out) a MetroCard

      Actually, since you spent so much time ridiculing someone who made a stupid mistake, and posting information that is technically WRONG, I figured I would spend a fraction of the time posting correct information. And by the way, you probably are incapable of even understanding the concept of...
    14. J

      Is this Entrapment?

      Not true. With any crime, once a defendent is convicted, the DA can make a recommendation as to what the penalty/sentencing should be, and the judge does not need to follow that recomendation. However, if the DA decides not to prosecute the ticket, there is nothing the judge can do.
    15. J

      Capital Gains on vacant land

      the like kind property must be identified in 45 days and the exchange must be completed within 180 days.
    16. J

      What tax must be paid when selling property

      you do not pay sales tax or income tax when you sell real property. If the propery has been your primary residence for at least 2 of the previous 5 years, then you do have a 500,000 exlcusion from capital gains taxes (for a married couple). Since you are selling for 80,000 you obviously fall...
    17. J

      Gift Tax

      There is an $11,000 exemption amount that you can give to each sibling (each year). After that every dollar you give eats into your unified tax credit, however, you won't actually have to pay any taxes until you have exhausted your credit. You start off with a $1,000,000 credit, so if you have...
    18. J

      Selling a house

      Yes, you will have to pay capital gains on the profit, but if you just built the house it most likely will not have appreciated much.
    19. J

      Taxes on gifts

      Money recieved as a gift does not need to be reported, and if your only other receipt was a 2500 dollar prize, then you do not need to file.
    20. J

      Starting a new family! Some tax help, please!

      As long as you are married at the close of the taxable year you can file a joint return. You also get a full deduction for any children that are born before the end of the taxable year.

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