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Assignment 2: Court Cases

497 Words2 Pages

Step 1: Establish the facts and determine the issues Phoebe, my client, contracts with Fertility Specialists to donate her eggs. Although she does not get paid for the eggs because they are considered donation, she does receive a donor fee totaling $12,000. This fee covers the painful egg stimulation and extraction procedures. When donating eggs the procedure involves a lot of time, effort, inconvenience, pain and suffering. Her contract explicitly states, “The payments are for her pain and suffering and not for the sale of her eggs.” Phoebe’s marginal tax rate is 15% and elects to take a tax standard deduction. The main question phoebe wants answered is whether her payments is taxable and if it is taxable how much would she pay in income taxes. Step 2: Locate the relevant authorities Using any tax service leads us to IR code, Title 26, Subtitle A, Chapter 1, Subchapter B, Part III Section 104, “Compensation for injuries or sickness” and the court case regarding Perez v. Commissioner, 144 T.C. NO. 4. Step 3: Assess the importance of the authorities IRC Section 104 (a)(1)(B)(III)(104) addresses the …show more content…

Commissioner 144 T.C. NO. 4 was a similar court case where Perez received two checks totaling $20,000 for two donations of her unfertilized eggs and did not report it for tax purposes. Her contract stated that the “fee is for Donor’s time, effort, inconvenience, pain, and suffering in donating her eggs … [and for] good faith and full compliance with the donor egg procedure, not in exchange for or purchase of eggs and the quality or quantity of eggs retrieved will not affect the donor fee.” The question of the law is whether a person who suffers physical pain or suffering donating eggs may be excluded income because it is considered a damage received. The verdict stated, “Compensation for pain and suffering resulting from the consensual performance of a service contract is not ‘damages’ under I.R.C. section 104(a)(2) and must be included in gross

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Nonfiction books can often expand ones knowledge, especially in the subject of science. In the book, The Immortal Life of Henrietta Lacks, writer of the book and journalist Rebecca Scloot finds herself looking at an image of an African American whom had a tumor growing in her body without knowledge of it. This woman in the photo, Henrietta Lacks, although her name was unknown by most scientist and teachers, helped change the face of medicine back then and even today. Henrietta Lacks started getting treatment for cervical cancer at Johns Hopkins Hospital at age 31. The physicians at the hospital cut a dime size piece of her tumor and sent it into the lab where George Gey then put it on clots of chicken blood to see if the cells would grow.

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Who was Henrietta Lacks? Henrietta Lacks was an African American woman. She was born in August 1, 1920 as Loretta Pleasant. Henrietta was born in Roanoke, Virginia.

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Also, the time period plays a huge factor in why her cells were used without her consent. Therefore, this leads me to say that the finance code of ethics, the selling of other people cells, and how your medical records are worth more

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MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,

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John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

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John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

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QUESTION PRESENTED 1. Under Alabama’s burglary statute, does a former occupant of an apartment who partially moved out four to five days before committing a felony in the apartment and who has a estranged relationship with the occupant have an absolute right to enter? BRIEF ANSWER 1. Probably not. A person has an absolute right to enter as long as he remains an occupant of the apartment, ownership is irrelevant, and an estranged marital relationship is not sufficient.

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The arguments for and against donation of organs to illegal immigrants are tough to stomach for both sides because one way or another the person not getting the donation can die. There is also the financial side of it, where illegal immigrants must secure donations in order to afford it, there are a couple examples in the book that shows the need for money in order to get donated to as an illegal. The first is the son of a butcher, Leonardo Sanchez, who needed $250,000 in order to get a transplant, so his father brought him to the U.S. in order to receive treatment(Chavez,115). Another case about Edgar Gutierrez shows that money is a necessity in order to receive a organ donation as he got financial backing from a CNN executive and a retired pilot(Chavez,115). Something that I feel isn’t realized when people donate to causes like these, is that their donations are providing someone who isn’t a citizen to receive an organ that could and most likely would have gone to a U.S. citizen.

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Mackay mentions the work of Madhav Goyal, who wrote an entry in the Journal of the American Medical Association. This work explains that the donor is the worst one treated in the process of the kidney transplant operation. They are extremely underpaid and their state of living can actually worsen after giving their kidney. Evidence- (Page 3 Para 3). "As explained in The Lancet, "If the rich are free to engage in dangerous sports for pleasure, or dangerous jobs for high pay, it is difficult to see why the poor who take the lesser risk of kidney selling for greater rewards . . .

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The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with

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More people are likely to donate if they would be rewarded so that they are helped just like the recipitant. She states that there are several donors in third world countries that would gladly give away their kidney’s for only the cost of $1,000. They are in such a desperate time they would sell their body parts, just to help their family survive. Another reason why organ sales should be legal is because it would stop the illegal trade of kidney’s.

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The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.

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537 Words | 3 Pages

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

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511 Words | 3 Pages

Ellen Goodman is an award-winning, American journalist with the freedom of speech well within her rights. Notwithstanding, Goodman’s opinion piece “Womb for Rent” puts a light-hearted perspective on a heavy controversy: surrogacy. Throughout “Womb for Rent,” Goodman uses risky techniques to convey her point of view of the economic marketplace involving surrogacy, which causes confusion to the reader. “Womb for Rent” by Ellen Goodman uses puns and plays on words. This type of literary device intends to create a humorous effect, but surrogacy is not commonly a ‘humorous’ topic.

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The selling of human organs is not only illegal but unethical, in many cases unsafe, and it is very biased against lower class. CBS news reported a story in July,2009 on a man name Levy Izhak Rosenblum from, Newark, N.J. Sales of human organs from Israel on the black market to American customers in exchange for payments of 120,000 or more (CBS,2011). Levy feels as that he had performed a lifesaving service for desperately ill people who had been on official transplant waiting lists (CBS,2011).

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