From: kenneth ditkowsky
Sent: Jun 28, 2015 12:52 PM
To: Douglas Kinan , “Kirk@kirk.senate.gov” , Matt Senator Kirk , Edward Carter , Probate Sharks , “JoAnne M. Denison” , Tim NASGA , Nasga Us , Eric Holder , “FBI- ( (” , Chicago FBI , Chicago Tribune
Subject: Why are the elder cleansers not paying their income taxes on their ill gotten gains? We would all like to know.
Tax Consequences of Elder Cleansing:
1. Unreported Inventory.
One of the most common consequences of the isolation, and financial exploitation is the taking of assets (such as occurred in the Mary Sykes case -09 P 4585) and not inventorying them. This theft is a benefit to the miscreant guardian as well as all who join in the Conspiracy. In the Mary Sykes case we are dealing with nearly a million dollars in gold coins. We are also dealing with “cash” and other valuables. It is estimated that the entire estate had a value of over 2 million dollars.
When the fiduciary (and his co-conspirators) take possession directly or indirectly a taxable event occurs and each has joint and several liability for the entire value of the asset that is not inventoried and which ultimately finds its way out of the estate. This is ordinary income. It can be allocated to each and all of the following miscreants: Judges X and Y, Schmeidel, Farenga, Stern and the ARDC that covered up by wrongfully prosecuting attorneys blowing the whistle on the abuse and fraud: Jerome Larkin, head of the ARDC, Sharon Opryszek, Melissa Smart, Leah Black Guiterrez, Stephen Split and others. Those with a finger in the pie, and those that cover up the pie, are all jointly and severally liable until the tax fraud debit is paid.
2. Side ventures
The assets of the estate being ravaged has various assets in it that slip through the cracks after being inventoried. In the Sykes it was quite difficult to make her home disappear. So the guardians went into Court claiming that they needed money and the need to sell the house. In the Sykes case the house had a value in excess of $700,000 – according to an appraisal done previously.  The sale of the dwelling was for approx. $200,000.00. This sale was highly questionable even though approved by the Court.
It is expected (and will occur in Sykes) that the property will be sold and through a series of mesne sales that full value will be obtained for the miscreants (co-conspirators). The first purchaser will sell the property to another nominee purchaser. This will be followed by another sale and finally a sale to the ultimate purchaser. The final sale will be claimed as a capital gain –
As this side venture was a taxable event on day one, the entire transaction when it occurred is ordinary income. Thus, the Sykes miscreants must pay when the sale occurred ordinary income taxes against the correct value of $1 million. They are not entitled to capital gains – no matter how they structure the sale.
3. Collateral pickups.
Being a guardian has with it opportunities. They include kickbacks for playing the Ward in a nursing home, hospice facility. In addition, employment of certain attorneys means referral fees etc. All these referral fees are taxable income. In the case of nursing homes as an example, the remuneration may come in the form of the income from nursing beds, an interest in the partnership controlling the facility, or the opportunity to engage in other and similar exploitations of the elderly. These collaterals are ordinary income and the joint and several liability attaches to all of the conspirators. Thus, it is respectfully suggested under reporting of the income tax liability may start the Statute of Limitations in operation as to the miscreant who reports the “kickback” but not as to the co-conspirators who did not report the benefit(gain). Any tax paid however offsets the liability of the other co-conspirators to the extent of the payment
The Gore case a certain Guardian ad Litem was provided an opportunity to be the “heir” of an elderly person. She took advantage of it and filed in the Florida Courts her claim. The AG of Florida objected to the claim, however, he settled for ½ of the value of the payout. That left a million dollars as an inheritance. This inheritance was not an inheritance – it was a theft and the co-conspirators owed the tax on the money received as ordinary income. Those who cover-up the fraud (such as Jerome Larkin and his minions SO, LBG, SS, MS, etc.) also owe the taxes due as a joint and several liability.
In several of the Florida estates and in the Sykes case the miscreants have managed to get Court orders that attached property that was not part of the disabled person’s estate. Theft is a taxable event even if a Court approves it.
For instance. In one Florida Estate the guardian and the Court arbitrarily took possession and control over the property of one of the objecting family members. It was clear that this control was obtained for the purpose of shutting the dissent to the elder cleansing life shut down. The minute the guardian and Court took control of the funds that we not part of the estate each of the co-conspirators (including the Judge’s X and Y who should have known better) owed the United States of America the ordinary income taxes due. (Constructive receipt). These taxes vested.
In a similar manner in the Sykes estate, the commandeering of Gloria Sykes hazard insurance settlement resulted in tax liability for the guardian, the two guardian ad litem, the corrupt jurist, the attorney who was aware of and part of the theft, Jerome Larkin and his crew who tried to cover it up and everyone who joined in the conspiracy. The taxes that they owed are ordinary income.
In some of the cases, and in particular the Florida case the theft was covered up by the corrupt jurist awarding Attorney fees from the stolen money. The award of attorney fees and court costs is an independent act. Money is fungible! The fact that some taxes were paid (or will be paid) on the attorney fees is incidental and does not defray the Federal and State taxes due. The entire fund is ordinary income and must be reported in the year of the theft as ordinary income on the tax return. No credit is given to the criminals for paying taxes on attorney fees or other costs that are claimed to be paid out of the stolen funds. The only credit that they are entitled to is for taxes specifically paid on the stolen funds.
The Sykes case is a corner stone case that has almost all of the pernicious events occurring therein. The statutory protections were all ignored by a corrupt jurist and his cohorts. The corrupt judicial officials were protected by the Supreme Court justices of Illinois and the Illinois Attorney Disciplinary Commission and its director Jerome Larkin. Larkin acted through attorneys who demonstrated amorality and avarice as they protected their co-conspirators from an Honest investigation. 18 USCA 371 addresses this situation and defines the fact that all who did overt acts in pursuance of the elder cleansing are co-conspirators and jointly and severally liable for not only the damages but the ordinary income taxes. (There is no benefit of the doubt for corrupt public and judicial officials who elect to prey on the elderly and the disabled – the State and the United States of America should be able to collect the income taxes due in full and without unjust delay.)
 A real estate appraisal varies as it is opinion. In the Fairway Preserve Condominium frauds, the developer was able to obtain appraisals of condo units for $350,000, while the Count appraiser appraised the same units for $100,000.00. Historically, lender appraisals are lower than insurance appraisals. The real appraisal occurs when the property is sold to a purchaser who is not controlled by either the real purchaser or the seller – or their representatives. In the Sykes case because of the location, zoning potential, and size of the lot the $700,000 value is a bit frugal.