Category Archives: Case of the Week

Case of the Week – The Case of the Gift Dog or Who Gets the Stig?

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20140423-060955.jpgJennifer and Kent were living together in 2010 and in November Jennifer adopted a dog from the Anti-Cruelty Society in Chicago. Around Christmas Jennifer in a poem expressed her intent to give the dog (the Stig) to Kent as a gift. Their relationship ended in 2012 and guess what Kent took with him when he moved out of the residence. You got it – the Stig. Jennifer eventually went to court to get the Stig returned to her. The trial court found that the Stig was a gift from Jennifer, and that Kent was the rightful owner of the Stig. On appeal the Appellate Court affirmed Kent’s right to the Stig. The Court said that donative intent is established at the time of the gift, and not what was said at a later time.

The moral of this case – tell that special person that all gifts are conditional on the continuation of your romantic relationship. If for any reason, the relationship should terminate, all gifts must be returned! Oh by the way, it would be a good idea to put it in writing! Perhaps, you should enter into a pre-relationship agreement or as it may be called in the future – a “Stig Agreement.” Good luck!

Read the case at

Click to access 1122980.pdf

IRS Uses Gestapo Tactics Against Small Businesses and Individuals While Its Employees Plead the Fifth!

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Lois Lerner while appearing before a congressional committee for the second time again refused to talk asserting her right against self-incrimination (5th Amendment to the U.S. Constitution).

It’s not that Ms. Lerner should not have this right, but is particularly disgusting that she works for an agency before which the average taxpayer has few real rights much less the right against self-incrimination. Every time you sign and file a tax return you could be subjecting yourself to criminal prosecution! Write across the return that you are asserting your 5th Amendment right to refuse to answer – surprise you go to jail!

How do we reward IRS employees who may have been part of a criminal conspiracy (targeting political groups)? Only in America – we let them retire with a generous Federal pension – speculated to be over $100,000 per year!

Enough said – we all must get back to work and pay our taxes so Lois Lerner and her friends can enjoy the benefits of living in a democracy!

Oh by the way, if you are ever questioned by the IRS, tell them you are asserting your Lois Lerner Rights! I’m sure the agent will understand as you are carted off to jail.

Case of the Week – Flash Your Vehicle Headlamps – And What Do You Get? – A Ticket!

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Michael Elli, a resident of the City of Ellisville, Missouri, observed a speed-trap in the City of Ellisville, and communicated to other drivers approaching from the opposite direction by flashing his headlamps to warn them that they should proceed with caution. The flashing of headlamps is commonly understood as conveying the message to slow down and proceed with caution. Of course, an officer in a marked police vehicle saw him and issued a ticket. When he appeared in municipal court, he was advised by the judge that the fine for using headlamps to communicate the presence of speed-trap is $1,000!

Elli went to Federal Court and requested a preliminary injunction to stop the practice of ticketing individuals who flash their headlamps.

Decision: Preliminary Injunction Granted. The judge stated that the loss of First Amendment freedoms for even minimal periods of time, unquestionably constitutes irreparable injury.

So it looks like flashing your headlamps is protected free speech, at least in the Eastern District of Missouri!

Read the case at

Click to access Order_Granting_Preliminary_Injuction.pdf

Happy Birthday George Washington!

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George Washingon was born on February 22, 1732, and his birthday is celebrated on the third Monday of February. The picture is the George Washington Masonic National Memorial located in Alexandria, Virginia, outside Washington, D.C. It is dedicated to the memory of George Washington, the first President of the United States and a Mason. For more information on this memorial go to http://gwmemorial.org/

Case of The Week – If You Have To Fall, Then Fall in an IRS Office – It Could Be Worth $862,000!

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A taxpayer undergoing an audit at an Internal Revenue Service office on Long Island successfully sued the IRS for $862,000 after he was injured by tripping over a phone cord. The taxpayer claimed in his lawsuit that he could not enjoy activities from golf to sex after he fell during a 2008 audit at an IRS office in Hauppauge, N.Y., according to the New York Post. He had visited the offices to work out a payment agreement for a $60,000 tax bill when he tripped on the phone cord. He then spent 17 days in hospitals and rehabilitation centers recovering from his injury. Attorneys for the IRS claimed he was exaggerating his injury, but the judge awarded him $862,000 for pain and suffering. He won’t have to pay taxes on the damages either.

The moral of this story – Don’t let an IRS agent come to your office. If the agent comes to your office, then you will not only end up paying your tax bill, but damages to the agent who falls in your office on a pile of your tax records stacked on your floor!

Read the judge’s decision at http://docs.justia.com/cases/federal/district-courts/new-york/nyedce/2:2010cv03888/308197/57/0.pdf?1388754242

Case of the Week – If You Buy Lottery Tickets You Better Have a Will When You Win Million Dollar Jackpot!

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A Chicago man 46 years old buys a lottery ticket and wins a million dollar jackpot. Days before collecting a lump sum settlement of $425,000 he dies. The night before he died he had dinner with his wife, daugher, and father-in-law. At first it was ruled that he died of natural causes, but when tests were made, it was determined that his blood contained a lethal level of cyanide His death is now considered a homicide, but no one has been arrested. The wife and daughter by a previous marriage reached a settlement dividing his estate. He did not have a will. The moral of this story is that if you win the lottery, be sure to tell everyone that you have a will and that none of them are beneficiaries under the will. That way everyone will have a reason to keep you alive! See story at http://chicago.cbslocal.com/2013/12/12/fatally-poisoned-lottery-winners-daughter-wife-divvy-up-his-estate/

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Reverse Mortgages – According to Fred Thompson who ran for President Are the Economic Salvation for Senior Citizens!

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If Fred Thompson had been elected president, he would have been right at home. American’s economic policies today are like one big reverse mortgage. Mortgage the country’s future so the government can spend and spend with no thought as to the consequences for future generations who will face the burden of paying for all the debt incurred. On AAG’s Reverse Mortgage website you will see Fred Thompson’s face, and the term “A Real Government Insured Financial Solution.” How can incurring more debt be called a real government insured financial solution?

Oh by the way, Fred Thompson ran as a conservative – greed does seem to trump principals in some cases.

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Case of the Week – Jay Leno of The Tonight Show Sued by Flight Attendant!

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A former flight attendant sued American Airlines claiming her co-workers falsely reported that she was carrying pet rats on work flights. Jay Leno joked about the lawsuit. To make matters worse, there was panel of comedians who commented on the lawsuit. The flight attendant in suing Jay Leno and NBC claims that she was falsely accused of “engaging in bestiality and sexual misconduct with a rat.” For an article on the lawsuit see http://www.courthousenews.com/2013/11/18/62987.htm

It is rumored that when Jay Leno was asked about the lawsuit replied – I don’t give a rat’s a## what they think. So much for derogatory comments about rats!

When the rat was asked to comment, the rat replied – I only fly American!