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Fox News - Pretzel Logic - Don't Tax AIG Bonuses Because It Will Be Challenged In Court. Instead...

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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:21 PM
Original message
Fox News - Pretzel Logic - Don't Tax AIG Bonuses Because It Will Be Challenged In Court. Instead...
Edited on Thu Mar-19-09 02:24 PM by Median Democrat
We should focus on some deleted retroactive provision to abrogate bonus contracts, which was dropped because ...(drum roll)... it would be challenged in court.

You have to love the corporate media. You really can't win. The retroactive abrogation clause should have been kept even if it was certain to be challenged, but efforts to tax the AIG bonuses are ridiculed because of the threat of litigation. Which is it?

http://www.foxnews.com/politics/first100days/2009/03/18/congress-invites-court-challenge-aig-taxation-plan-lawyers-say/

/snip

Congress Invites Court Challenge With AIG Taxation Plan, Lawyers Say
Legal scholars warn that Congress could have a tough time defending itself in court if it tries to tax away the AIG bonuses.

* * *

Jonathan Turley, George Washington University law professor, said targeting those employees through taxes would invite a valid court challenge.

"It could well trigger years of litigation," he said. "Just because a company or individual is unpopular does not mean the government can retroactively impose punitive measures against them. ... There's a host of difficult contractual and constitutional and statutory barriers that would have to be overcome by Congress."

/snip

So, Fox News. Let me get this straight. It was bad for Congress to drop the retroactive bonus abrogration on the ground that it would generate years of litigation, but it is also bad for Congress to try to tax these bonuses because it will generate years of litigation.

Is it just me, but do you ever feel like you are being manipulated by the Corporate media?
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Bok_Tukalo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:31 PM
Response to Original message
1. If it is for bonuses given this year, it is not "retroactive"
That said, I believe it is a mistake.
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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 04:41 PM
Response to Reply #1
5. It Is Retroactive If The Bonus Was "Earned"
In other words, Person A works for AIG. He gets a contract in mid-2008 promising to pay him a bonus if he performs certain conditions. He performs those contractual conditions prior to February 2009.

February 2009 - Congress passes a law that prohibits the payment of those bonuses.

March 2009 - AIG declines to pay Person A the bonus in conformity with the law.

Arguably, the February 2009 law abrogating Person A's bonus is retroative.
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ElboRuum Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:32 PM
Response to Original message
2. I guess I'm left wondering...
Since when did a professionally styled coiff, a snarky attitude with a touch of self-importance, and barely possessing the ability to read off of a teleprompter qualify one as a genius?

What? It never did? Oh. Still confused then. :shrug:
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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:58 PM
Response to Reply #2
4. What is wrong with John Turley's Metrosexual Style, Think Its Refreshing...
That Fox News is diversifying away from hot blonde commentators 24/7.

:sarcasm:
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ericgtr Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:47 PM
Response to Original message
3. FOX is not a real news agency n/t
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