Breaking: Illinois Supreme Court Orders Rahm Emanuel Back on Ballot

not true, the appellate court did not discuss his tax filing. do you really want me to link AGAIN the tax form rahm filed? you won't ask because it shows you're wrong, so i will post it again:

Nonresident and Part-Year Resident
Computation of Illinois Tax


^ the form heading has that font, if not bigger....you're proposing that rahm "missed" that and/or made a "mistake"

no really, that is your position....funny as it is

My position is that Rahm could have signed a form stating that he was a resident of Chicago, but if he moved to D.C. with an intent to remain permanently he's a resident of D.C., regardless of what form he signed. What matters, at least for purposes of the tax code, is the taxpayer's intent. Given his testimony that was credited, he used the wrong form. He's a resident of Illinois.


nothing in your facts changes my point. nothing about his tax admission....and only their OPINION as to the conclusion of law. hopefully you are educated enough to know about "experts" giving conclusions as to the ultimate question of law. though i suspect, you ignore everything, unless it suits your POV.

Those aren't my facts. Those are the facts as found by the Board of Election Commissioners and credited by the appeals court.

your point?

My point is that, for purposes of Illinois tax law, he's was resident of Illinois, not a part-year resident. Apply the facts to the definitions and it's clear.


wrong again, no, we can't "all agree" rahm was a resident...stop being simple, really. you're confusing domicile dungheap....really you are. you started this off with the idiotic notion that "reside" doesn't mean "live"

Well, we should be able to all agree that Rahm was resident of Chicago before he moved to D.C. It's ridiculous to claim otherwise. And I'm not confusing anything. For purposes of the tax code, domicile is key to whether a person is a resident of Illinois or not.

Reside does not mean live for purposes of Illinois tax law.

and yet you still continue your ignorance


continue ignoring the law dungheap.....and btw.....stop yapping at me in your posts.....toe licker

I'm not ignoring anything.

How do you figure Rahm is a part-year resident under the tax code. If the mere signing of a form were outcome determinative, the letter ruling that I posted would be incorrect. In the letter ruling, the individual erroneously filed as a part-year resident because he intended to (and did) return to Illinois. If your position were correct, the fact that he filed a part-year resident return would mean that he is a part-year resident regardless of whether he intended to return to Illinois or not, but that's just not the way it works.
 
Since Nigel called this in another thread, doesn't Yurt owe him a blowjob or something?

he didn't call this, he said they SC would overturn the appellate ruling, they haven't

nigel wants desperately to believe rahm made a "mistake" in filing a separate and distinct tax form for non residents...yeah, he just made an innocent mistake by filing a form that has in big bold blue letters that it is a non resident tax form

http://tax.illinois.gov/TaxForms/IncmCurrentYear/Individual/Schedule-NR.pdf

note that he had to attach the above separate form to the 1040...he couldn't have filed it by mistake...he is lying

here is the first question on the tax form:

1 Were you, or your spouse if “married fi ling jointly,” a full-year resident of Illinois during the tax year?
Yes No If you answered “Yes,” you cannot use this form (see instructions).

nigel and rahm would have us believe that his answering "NO" was a mistake....ludicrous and simply the dumbest fucking argument ever made, the second question has him put the DATES he did not live in illinois....the entire form is about him NOT living in illinois, that could not be a mistake

nigel is just a dishonest hack
 
You make little sense. All I'm doing here, my little friend, is applying the facts as found by the appeals court to the definition of "resident" under the tax code.

Here are the relevant facts as found by the Board of Election Commissioners and credited by the Court of Appeals:

This is how the Illinois tax code defines part-year resident and resident:

We can all agree that Rahm was a resident so to become a part-year resident, he would have to establish a domicile in another state. Likewise, for Rahm to be a resident he must have a domicile in Illinois and be absent for a temporary or transitory purpose. Given the testimony credited above, Rahm was absent for a temporary or transitory purpose because he always intended to return to Chicago. So, how is "domicile" defined:

Again, applying the facts above to this definition of domicile, Rahm is domiciled in Chicago because although he was absent from Chicago for a period of time, he intended to return to Chicago and did not establish a domicile in Washington D.C. Because he never intended to locate in D.C. with the intention of establishing it as his domicile and never abandoned any intention of returning to Illinois he did not lose his Chicago domicile and is a resident of Chicago, not a part time resident of Chicago.

I think a the Illinois Supreme Court will adopt a similar analysis and rule that Rahm never lost his Chicago residency and satisfied the one year residency requirement.

Happy Yurt, you ankle-biting fuck.

1) His paying property taxes on the home has nothing to do with residency

2) When he RENTED the house it became an INVESTMENT property... that is what screwed him over. You cannot claim a home as a primary residence if you RENT IT OUT.

3) He domiciled in another state, had his mail delivered to that state, worked in the other state.
 
1) His paying property taxes on the home has nothing to do with residency

2) When he RENTED the house it became an INVESTMENT property... that is what screwed him over. You cannot claim a home as a primary residence if you RENT IT OUT.

3) He domiciled in another state, had his mail delivered to that state, worked in the other state.
Now that I've read up on it a bit...

That and filed the non-resident tax forms which he had to attach to his normal forms. It's relatively cut and dry. Owning property in Illinois is not the same thing as being resident in Illinois. You have to be careful with tax forms, they are used to prove many things like "marriage" and residence.

I also think this is an important portion:
*** In [the candidate residency statute] the language is not, shall
be a resident, but it is, shall 'reside within' ***."
 
Interestingly enough, they even have an exception for the "reside within" requirement for those in the military that passed in 2007, though not for those who left for other reasons. In those cases, previous to 2007, they were residents for voting purposes the entire time in service, but were not eligible for office until a year after their return as they were then "residing in" the municipality. While he would be considered a "resident" for voting, he would not fit the second requirement of "residing within" the municipality nor is there exception given for his leaving. The law seems, and is interpreted by this appellate court this way, to say that you really actually have to live there unless you are in the military. They are separate and distinct definitions and subsections which relate.

It's actually quite interesting to read the ruling.
 
1) His paying property taxes on the home has nothing to do with residency

Agreed. I was merely providing the facts from the court opinion.

2) When he RENTED the house it became an INVESTMENT property... that is what screwed him over. You cannot claim a home as a primary residence if you RENT IT OUT.

I don't know that that is true. There is no reason to require a person that knows they are going to be out of state of X period of time who intends to return to their home when X period of time expires to leave their house vacant for the time they are gone. Residency, under the Illinois tax code, is based on the intent of the person. If the person leaves Illinois with an intend to return to Illinois, Illinois remains that person's place of residency.


3) He domiciled in another state, had his mail delivered to that state, worked in the other state.

He lived in D.C., but based on his testimony as credited by the court, he was not "domiciled" there under Illinois tax law because he did not intend to remain there.

Of course, the tax code is not the Chicago municipal code so residency for one purpose (tax) does not equate to residency for another (candidacy) but my best guess is that the Illinois Supreme Court will come out my way.
 
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Now that I've read up on it a bit...

That and filed the non-resident tax forms which he had to attach to his normal forms. It's relatively cut and dry. Owning property in Illinois is not the same thing as being resident in Illinois. You have to be careful with tax forms, they are used to prove many things like "marriage" and residence.

This is silly. If an single man files as a joint return with someone that is not his spouse (say to get tax benefits to which he would otherwise not be entitled) it doesn't mean he is now married. It means he fucked up his taxes.

I also think this is an important portion:
*** In [the candidate residency statute] the language is not, shall
be a resident, but it is, shall 'reside within' ***."

I don't see much daylight between the two.
 
Agreed. I was merely providing the facts from the court opinion.

Fair enough.

I don't know that that is true. There is no reason to require a person that knows they are going to be out of state of X period of time who intends to return to their home when X period of time expires to leave their house vacant for the time they are gone. Residency, under the Illinois tax code, is based on the intent of the person. If the person leaves Illinois with an intend to return to Illinois, Illinois remains that person's place of residency.

That would seem to be a great stretch. Under that example, anyone with property in IL could always claim they 'intended' to return at some point.

Again, I am not a lawyer, but I think he is screwed due to the rental.

He lived in D.C., but based on his testimony as credited by the court, he was not "domiciled" there under Illinois tax law because he did not intend to remain there.

Of course, the tax code is not the Chicago municipal code so residency for one purpose (tax) does not equate to residency for another (candidacy) but my best guess is that the Illinois Supreme Court will come out my way.

Obviously only time will tell, but I think his renting the property is going to be what hoses him.
 
he didn't call this, he said they SC would overturn the appellate ruling, they haven't

nigel wants desperately to believe rahm made a "mistake" in filing a separate and distinct tax form for non residents...yeah, he just made an innocent mistake by filing a form that has in big bold blue letters that it is a non resident tax form

http://tax.illinois.gov/TaxForms/IncmCurrentYear/Individual/Schedule-NR.pdf

note that he had to attach the above separate form to the 1040...he couldn't have filed it by mistake...he is lying

here is the first question on the tax form:



nigel and rahm would have us believe that his answering "NO" was a mistake....ludicrous and simply the dumbest fucking argument ever made, the second question has him put the DATES he did not live in illinois....the entire form is about him NOT living in illinois, that could not be a mistake

nigel is just a dishonest hack


What he put on the form is irrelevant if he was not actually a part-year resident, which he wasn't. Regardless of the outcome for purposes of the Municipal Code and candidacy requirements, under the Illinois tax code he was a resident, not a part-year resident.
 
This is silly. If an single man files as a joint return with someone that is not his spouse (say to get tax benefits to which he would otherwise not be entitled) it doesn't mean he is now married. It means he fucked up his taxes.



I don't see much daylight between the two.

There is a great difference. No one can argue that he resided in Chicago. He clearly did not. Maintaining residence is entirely different as you have pointed out. A person could have a home in Chicago, leave with the intent of returning and would thus maintain residence. But that person would not have resided in Chicago while he was away.
 
This is silly. If an single man files as a joint return with someone that is not his spouse (say to get tax benefits to which he would otherwise not be entitled) it doesn't mean he is now married. It means he fucked up his taxes.



I don't see much daylight between the two.
There is much "daylight", read the ruling rather than just the disagreement. It really does take ignoring salient pieces of law. The residency for voters is different than that for candidates. Rahm's argument states that because he was eligible to vote he is eligible to be a candidate, but the law distinguishes between the two.

Candidates must either be under exemptions, in this case the only exception for candidacy requirements to reside in the municipality is military service and then only if immediately before and after they were resident in the municipality, or they must have actually resided in the municipality.
 
What he put on the form is irrelevant if he was not actually a part-year resident, which he wasn't. Regardless of the outcome for purposes of the Municipal Code and candidacy requirements, under the Illinois tax code he was a resident, not a part-year resident.

that doesn't make any sense. have you actually looked at the tax form? i doubt it, because if you did you would see how silly the above statement is.

he purposefully filed a separate and distinct tax form for NON RESIDENTS OR PART TIME RESIDENTS. thus he was not a resident of illinois for the entire year during 2009. there is no mistake, he either lied filling out that form for tax advantage or he lied in claiming it was a mistake. you cannot make a mistake by filling that form out, the first question would cause you to stop and there is a question regarding MILITARY status, thus, he is conclusively not a resident for the full term.

how you can dishonestly claim he was is amazing.
 
There is much "daylight", read the ruling rather than just the disagreement. It really does take ignoring salient pieces of law. The residency for voters is different than that for candidates. Rahm's argument states that because he was eligible to vote he is eligible to be a candidate, but the law distinguishes between the two.

I read the ruling. The ruling itself ignores salient pieces of law and reads into others that which is not there.


Candidates must either be under exemptions, in this case the only exception for candidacy requirements to reside in the municipality is military service and then only if immediately before and after they were resident in the municipality, or they must have actually resided in the municipality.

He did reside in the municipality.
 
that doesn't make any sense. have you actually looked at the tax form? i doubt it, because if you did you would see how silly the above statement is.

he purposefully filed a separate and distinct tax form for NON RESIDENTS OR PART TIME RESIDENTS. thus he was not a resident of illinois for the entire year during 2009. there is no mistake, he either lied filling out that form for tax advantage or he lied in claiming it was a mistake. you cannot make a mistake by filling that form out, the first question would cause you to stop and there is a question regarding MILITARY status, thus, he is conclusively not a resident for the full term.

how you can dishonestly claim he was is amazing.


Read the law I posted. He's a resident for purposes of Illinois tax law. The form is not dispositive. If it was, it would have been in the appeals court opinion.
 
Well, well, well:

CHICAGO — Illinois' highest court put Rahm Emanuel back in the race for Chicago mayor Thursday, three days after a lower court threw the former White House chief of staff off the ballot because he had not lived in the city for a full year.

The state Supreme Court ruled unanimously in Emanuel's favor, saying an appeals court decision that said the candidate needed to be physically present in Chicago was "without any foundation in Illinois law."

http://www.msnbc.msn.com/id/41291795/ns/politics-more_politics/


Here's the Supreme Court opinion:

http://www.state.il.us/court/Opinions/SupremeCourt/2011/January/111773.pdf
 
I hope they do let him run, so I can laugh at Chicago some more.

A cool witticism I just came up with is: Chicago jokes never get old, they just become more honest.
 
nigel wants desperately to believe rahm made a "mistake" in filing a separate and distinct tax form for non residents...yeah, he just made an innocent mistake by filing a form that has in big bold blue letters that it is a non resident tax form

I don't know why you find it so difficult to believe Rahm made a mistake filing his taxes. Surely you're aware there are a number of Dems who had difficulty filing their income tax. :D

//////////////////////////////////////////////////////////////////////////////////////

he didn't call this, he said they SC would overturn the appellate ruling, they haven't

nigel wants desperately to believe rahm made a "mistake" in filing a separate and distinct tax form for non residents...yeah, he just made an innocent mistake by filing a form that has in big bold blue letters that it is a non resident tax form

http://tax.illinois.gov/TaxForms/IncmCurrentYear/Individual/Schedule-NR.pdf

note that he had to attach the above separate form to the 1040...he couldn't have filed it by mistake...he is lying

here is the first question on the tax form:



nigel and rahm would have us believe that his answering "NO" was a mistake....ludicrous and simply the dumbest fucking argument ever made, the second question has him put the DATES he did not live in illinois....the entire form is about him NOT living in illinois, that could not be a mistake

nigel is just a dishonest hack
 
Was there any doubt that the SC of Ill. would rule in favor of this Democrat?

Corruption is alive and well in Ill. as it has been for decades.....

No surprise here at all....
 
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