Legally Weird

Casino Losses Aren't Deductible Biz Expenses, Judge Tells Gambler

2012-02-09T13:03:34Z

A high roller who bet on some creative tax accounting has lost an appeal in court. The Canadian man tried to deduct more than $96,000 in gambling losses as business expenses.

Giuseppe Tarascio's business-expense claims may have been a gamble from the start, but the phone-company technician tried to back them up with proof, the Toronto Sun reports.

Tarascio kept records of his gambling and touted his "special knowledge and skill as a gambler" in trying to claim casino and horse-betting losses as business expenses, according to the Sun. But a Canadian appeals court held that wasn't enough.

Giuseppe Tarascio "had little by way of a systematic method for gambling and spent no time practising his skills," the appeals judge wrote in his decision.

Further, Tarascio's recordbooks were created solely for the purpose of supporting his tax-deduction claims -- not in the regular course of business, the judge found.

The judge even discounted Tarascio's argument that his degree in mathematics and training in probability theory bolstered his claim that gambling was his business.

"I could have won this case if I had a lawyer," Tarascio told the Sun. "If the casinos can make money from me, then I should be able to claim the amount."

In the United States, the IRS has special rules for gambling income. Winnings are always taxable, and must be reported on Form 1040. If you itemize your deductions, you can deduct gambling losses on Form 1040 -- but not if your losses are more than your winnings, according to the IRS.

A taxpayer must also provide receipts to prove the amount of winnings and losses. You may want to consult a tax attorney to make sure your gambling income is correctly reported.

As for Giuseppe Tarascio, he's prepared to double down to get his tax deduction. He wants Canada's Supreme Court to hear his gambling-as-business-expenses case -- once he gets a lawyer, that is. "I am very serious about this," Tarascio told the Sun.

Related Resources:

Man learns casino losses not deductible (UPI)
Gambling Winnings Are Always Taxable Income (Internal Revenue Service)
Browse Tax Lawyers by Location (FindLaw)
How to Deduct Coffee, Donuts as Biz Expenses (FindLaw's Free Enterprise)

Rape Suspect Wages Facebook Comment War with Sheriff

2012-02-08T14:01:44Z

Dustin McCombs is a rape suspect who loves Facebook. Or at least he loves giving the Jefferson County Sheriff's office a few online jabs.

You see, the Alabama sheriff's office has a Facebook page. They also have a section labeled "Creep of the Week." One day they posted a photo of McCombs.

McCombs, 21, was listed as accused of forcible rape. After his photo went up, the strangest thing started to happen. McCombs started posting on the sheriff's Facebook page -- even though there was an outstanding warrant out for his arrest.

McCombs' first Facebook comment was simple. "[A]nd good thing i moved out of state [sic]," he wrote.

The Sheriff's Office responded by telling him his warrant called for nationwide extradition. Whoever was behind the Sheriff's Office's Facebook comments then called for McCombs to turn himself in.

Some more back-and-forth ensued. McCombs even noted that the "creep of the week" title may be defamatory.

The Sheriff's Office rep wrote that McCombs probably shouldn't talk about the charges on Facebook. McCombs then commented that he should use the computer as much as possible because he didn't think they allowed laptops in jails.

He ended the strange exchange with the line: "The only thing ive got.to say is I didnt do it. [sic]"

The comments have since been removed from Facebook. And it's unclear if Dustin McCombs actually turned himself in. Even if he didn't, it's possible that the police could track the rape suspect down (maybe through Facebook). He could then be arrested due to his outstanding warrant.

Related Resources:

Criminally Dumb Criminal of the Day (The Daily What)
Arrest (FindLaw)
Atlanta Teens Break Into CNN Newsroom to Check Facebook (FindLaw's Legally Weird)
Facebook Nabs Thief Who Proposed With Stolen Ring (FindLaw's Legally Weird)

PA College Gets Nation's First Plan B Vending Machine

2012-02-08T13:01:16Z

Drunken nights of debauchery are part of every good college experience, but they often lead to embarrassing situations. For some, this includes a trip to the pharmacy, where one whispers a request for the morning after pill.

Enter the Plan B vending machine. No eye contact or hungover conversations necessary. For $25 cash, women -- and men -- can snag a bit of post-coital birth control.

It exists, but only at Shippensburg University in central Pennsylvania.

The university's health center has installed a Plan B vending machine, which is believed to be the first of its kind. Students can pop in and pop out without being questioned.

You may be asking yourself how this can possibly be legal. Federal law only allows persons aged 17 years or older to purchase Plan B without a prescription. There was even a bit of recent outrage/praise when the FDA refused to lower the age to cover more teens.

Well, Shippensburg U may have its bases covered. Administrators checked, and all of its current students are of proper age, explains the Associated Press. The Plan B vending machine is also only accessible by students and staff.

It's located in the health center's self-care clinic, a private room where condoms, pregnancy tests and other over-the-counter medications are sold. Students must go through a check-in desk before they can access the room or any other treatment areas.

Still, the Plan B vending machine may seem legally dubious. That's because it is. The school may not actually be meeting its obligation to check identification before dispensing the pill.

Related Resources:

University Selling "Morning-After" Pill From Vending Machine (Slate)
Goodbye Birth Control Co-Pays: Insurance Must Pay Up (FindLaw's Common Law)
FDA Approves Plan B "Morning After" Pill for 17-Year-Olds (FindLaw's Common Law)

Fraternity Sued Over Bottle Rocket Shot From Anus

2012-02-07T14:04:48Z

An attempted bottle-rocket launch from a drunken frat boy's anus backfired and caused a fellow frat boy to fall off a deck, a lawsuit claims.

Louis Helmburg III, a sophomore at Marshall University in Huntington, W.Va., is suing his fraternity and fellow frat brother Travis Hughes for injuries from his fall at a house party in 2011, Courthouse News Service reports.

Helmburg's lawsuit makes Hughes sound like, well, an ass. Hughes "decided in his drunken stupor that it would be a good idea to shoot bottle rockets out of his anus," Helmburg's lawsuit states. "But instead of launching, the bottle rocket blew up in the defendant's rectum."

Talk about "butt-for" causation.

The rectal rocket explosion "startled [Helmburg] and caused him to jump back," falling off the frat house's deck, the lawsuit claims. Helmburg "became lodged between the deck and an air-conditioning unit," the suit claims. The deck was about four feet off the ground.

Helmburg is suing Hughes and the Alpha Tau Omega house for medical expenses, pain and suffering, and time lost playing on Marshall's baseball team, Courthouse News reports.

Helmburg's lawsuit is based in part on the legal theory of strict liability, which holds a party liable for any consequence of an inherently dangerous activity. For example, strict liability usually applies when people store dangerous chemicals or keep vicious animals as pets.

Strict liability should also apply to Hughes' butt rocket stunt, Helmburg's suit says, because "firing bottle rockets out of one's own anus constitutes an 'ultra-hazardous' activity." (If the case proceeds to trial, a jury may get to decide that.)

Helmburg's suit also alleges negligence. Alpha Tau Omega failed to supervise the frat party, which led "to stupid and dangerous activities, such as shooting bottle rockets out of one's own anus," the suit asserts.

It's not clear how seriously Helmburg and Hughes were hurt in the anal bottle-rocket blast, or if the two frat members still hold a grudge. In the spirit of brotherhood, perhaps they'll just turn the other cheek -- once the lawsuit is resolved, that is.

Related Resources:

Marshall student sues Alpha Tau Omega fraternity over bottle rocket incident (The State Journal)
Marshall Baseball Player Sues Frat After Being Startled By Anus-Mounted Firework (Deadspin)
MIT Fraternity Settles Prank-Related Injury Case (FindLaw's Injured)
Texas Students Should Learn From Recent Fraternity Hazing Death (FindLaw)

Naked Burglar Arrested Covered in Chocolate, Peanut Butter

2012-02-07T13:02:00Z

There's a new kind of candy on the market, and it's just in time for Valentine's Day. It's called the peanut butter and chocolate burglar, and you only want to give it to the stalker you're trying to scare away.

Sound good? Well, you can't have one. The original -- and only -- peanut butter and chocolate burglar is cooling off in a jail cell in Neon, Kentucky. Named Andrew Toothman, the questionable character was arrested last week after breaking into a local supermarket.

He was found naked, covered only in peanut butter and chocolate.

Okay, fine. He was also wearing a pair of black boots, according to the Smoking Gun. And they probably did nothing for his confection-covered calves.

No one is exactly sure what caused Toothman to go all peanut butter cup, but we do know that he's remorseful. He wrote out "sorry" on the floor with a bottle of NyQuil, reports Fox News.

Unfortunately, this is one of those times when sorry just isn't good enough. Andrew Toothman has been charged with burglary, criminal mischief and indecent exposure.

No money was missing, but the police report claims he busted down the front door and caused a significant amount of damage.

There's no word yet on whether Andrew Toothman has undergone a psychiatric evaluation, but a date with a mental health expert is likely to occur sometime soon. It's just not normal to run around dressed only in peanut butter and chocolate.

Seriously, the whole peanut butter and chocolate burglar thing is kind of weird.

Related Resources:

Police Arrest Naked Man Found Covered in Peanut Butter & Chocolate (KTLA)
NH Grandma Attacks Sandwich-Making Naked Burglar (FindLaw's Legal Grounds)
The 10 Strangest Naked Crimes of 2011 (FindLaw's Legally Weird)

Sisters Sexual Assault Man with Pliers, Police Say

2012-02-03T14:02:58Z

Two girls, one cup. And a pair of pliers.

Two Wisconsin sisters are facing sexual assault charges in connection with allegedly forcing a boy to drink a cup of urine, and then using pliers to pinch and twist the boy's penis.

On a scale of one to 10, "the pain to his penis was a 10," the police report states, according to the website The Smoking Gun.

Here's what else the report says about the sisters' bizarre alleged sexual assault with pliers:

The incident began when the sisters invited the boy to a mutual friend's house to hang out. Valerie Bartkey, 24, and Amanda Johnson, 17, were there chilling out and smoking pot -- but they allegedly turned violent after the boy made a joke, The Smoking Gun reports.

Bartkey and Johnson allegedly pounced on the boy, stomping on his neck and arm, then removing his shoes and urinating on them. Later, they forced the boy to drink a glass of their own urine.

As if that wasn't enough, the girls then allegedly forced the boy into a bedroom and ordered him to strip or face another assault, the police report says. Elder sister Bartkey also took off her clothes and said she wanted to have sex with the boy, according to the report.

But when the boy declined Bartkey's alleged sexual advance, she turned violent again. Bartkey "pulled on and twisted his penis with the pliers," the report says. Younger sister Johnson allegedly stood by with a belt in her hand; the boy told police he feared Johnson was going to hit him.

The incident ended when their mutual friend entered the room, took the belt from Johnson, and told the sisters to leave. The victim's grandmother drove the boy to a hospital.

Valerie Bartkey and Amanda Johnson face up to 25 years in prison if convicted of felony sexual assault and misdemeanor battery. Though assault and battery are similar, they're not exactly the same: A battery requires intentional contact with a victim, while an assault only requires a victim to fear imminent harmful contact.

Johnson could face even more punishment, because she allegedly called the victim and threatened him after he pressed charges for the sexual assault with pliers. Johnson is also charged with victim intimidation.

Related Resources:

Wisconsin sisters reportedly sexually assaulted man with pliers (Fox News)
Assault and Battery (FindLaw)
Babysitter Streams Video of Sex Assault on Girl (FindLaw's Blotter)
Two Women Stabbed Man 300 Times in Satanic Sex Ritual, Cops Say (FindLaw's Legally Weird)

FL Tycoon, 48, Adopts His Girlfriend, 42, as His Daughter

2012-02-03T12:57:47Z

A Florida man has adopted his girlfriend. Yes, you read that right. Businessman John Goodman adopted his girlfriend Heather Laruso Hutchins as his daughter October 13.

In case you're wondering, Goodman is 48. Hutchins is 42. Hutchins and Goodman have been dating since 2009.

Now, you might wonder why Goodman would do such a thing. No normal person would want to have their girlfriend legally considered their daughter, right? Well, not so fast. Apparently Goodman's move might be a carefully calculated ploy.

Goodman is currently being sued for wrongful death. In 2010, Goodman allegedly went through a stop sign. His car hit another vehicle driven by 23-year-old Scott Patrick. Patrick died, according to the Palm Beach Post.

Reports indicate Goodman had a blood-alcohol level in excess of twice the legal limit hours after the fatal accident.

Goodman has a trust set up for two of his children. A judge ruled that this trust could not be tapped as part of his financial worth. This means that the amount in the trust could be shielded from liability if Patrick's parents prevail in court. By adopting Hutchins, she could be entitled to a third of the trust.

This sounds a bit icky, no matter how you look at it. Most states permit legal adoption of adults. But at least one attorney thinks that Goodman may be violating the statute. "Unless you intend to create the parent-child relationship, you are violating the letter of the law," said adoption attorney Charlotte Danciu to CBS 12.

Is Goodman really going to start treating his girlfriend like a daughter?

That remains to be seen. But John Goodman's adoption won't solve his legal problems. He's also facing criminal charges of DUI manslaughter and vehicular homicide over the accident. He could end up serving 30 years in jail if convicted, reports the Post.

Related Resources:

Gross! Florida man legally adopts 42-year-old girlfriend (New York Daily News)
Adoption (FindLaw)
Can You Legally Adopt an Adult? (FindLaw's Law & Daily Life)
NY Man Says Ex-Girlfriend Stole Sperm to Have Children (FindLaw's Legally Weird)

Wannabe Jedi Master Jailed for Lightsaber Attack at Toys 'R' Us

2012-02-01T16:57:21Z

The Force has run out for a wannabe Jedi master accused in a Toys "R" Us toy lightsaber attack.

David Allen Canterbury, 33, of Portland, Ore., will surrender to the Dark Side ... of a jail cell. A judge sentenced him to 45 days behind bars and possible mental-health treatment, The Oregonian reports.

In court, Canterbury apologized to his victims, though no one was hurt in the attack -- except Canterbury himself, when police used a stun gun to try to subdue him.

It didn't work. As Yoda might say, "Too strong he was."

David Allen Canterbury used -- what else -- a lightsaber to break free from the Taser's electrified wires when police confronted him about 9:50 p.m. on Dec. 14.

Canterbury, with a toy "Star Wars" lightsaber in each hand, had swung the sabers violently and struck three people inside the Toys "R" Us, The Oregonian reports. Striking store customers with a toy lightsaber can be considered an assault or battery -- an intentional, unwanted touching.

Canterbury then took the two lightsabers outside the store, where he was met by police. After the stun gun didn't work, cops ended up having to tackle Canterbury to the ground.

In court on Monday, Canterbury pleaded no contest to charges of assault and resisting arrest. The judge dismissed other charges of disorderly conduct and theft.

At the time of his arrest, Canterbury was on probation for a prior drug conviction. But the judge on Monday used his discretion and declined to punish him for violating his probation.

In addition to jail time, Canterbury received two more years of probation for his toy lightsaber attack. He's also been barred from setting foot inside Toys R Us, whose managers are probably glad he'll be spending time in a jail cell far, far away.

Related Resources:

David Allen Canterbury Jailed For Attacking Police With Light Sabers (The Huffington Post)
Browse Criminal Defense Lawyers by Location (FindLaw)
Man Wields 'Star Wars' Lightsaber to Attack Toys 'R' Us Shoppers (FindLaw's Legally Weird)
Man Strangled Wife for Smashing 'Star Wars' Toys (FindLaw's Blotter)

Woman Robs Her Own Tax Preparer With a Curling Iron

2012-02-01T12:58:41Z

If there's one thing you can learn from Sonia Watson, it's that you shouldn't rob your tax preparer. Especially if you plan to use a curling iron.

Police in Toledo, Ohio are currently searching for Watson and her son after such an incident. The pair went to a local Liberty Tax Service where they encountered a woman who had recently prepared Watson's taxes.

Fumbling, they then carried out the curling iron robbery.

At first, the mother and son duo covered their faces. But when they realized customers were inside, WNWO-TV reports they removed their masks. When the customers left, they re-covered their faces.

Sonia Watson then wielded a curling iron -- wrapped in a towel -- and threatened to shoot the tax preparer if she did not give her money. The tax preparer refused.

The robber responded with a curling iron smack, but the victim fought back. She hit Sonia Watson with a plastic soda bottle, reports WUPW-TV.

A witness then stepped in and hit Watson's son with a chair. The duo then fled with $280.

Perhaps they were unhappy with their refund amount?

Mother and son are still on the run, but when caught, Watson will likely be charged with robbery and assault with a deadly weapon.

Yes, a curling iron is a deadly weapon -- even when it isn't turned on. Those things are tough and can cause quite a bit of physical damage.

As for Sonia Watson's son Antonio, his age is still unclear. If young, he may face lesser charges for his involvement in the curling iron robbery.

Related Resources:

Woman Robs Liberty Tax Services Using Curling Iron In Ohio: Cops Search For Sonia Watson (Huffington Post)
Aggravated Assault (FindLaw)
Florida Woman Assaults Girlfriend with 'Female Sex Toy' (FindLaw's Legally Weird)

Atlanta Teens Break Into CNN Newsroom to Check Facebook

2012-01-31T13:05:45Z

Two teens broke into CNN's newsroom in Atlanta for a simple purpose: to check Facebook.

The culprits were both young. Francis Mutemwa is 17. Aldayne Fearon is 18.

The break-in occurred early in the morning. The duo allegedly snuck in by climbing a ledge from a nearby hotel. That granted them access to the CNN Newsroom and to its computers. Police arrived only to find the two checking their Facebook pages.

The computers were not password protected, according to The Atlanta Journal-Constitution.

They were arrested and held on a $500 bond. Mutemwa and Fearon were charged with misdemeanor criminal trespass.

It's likely they didn't face harsher charges because of the nature of their actions. They may have illegally entered the newsroom, but it's not as if they stole anything. And it doesn't seem like they broke into the newsroom with the intent to commit a crime, which is typically an element of burglary.

Looking at one's Facebook page certainly isn't criminal. Though, the two teens could have chosen a better spot to peruse the web.

Most public libraries have a few computer terminals these days. Using those devices would have been completely free -- and lawful.

But perhaps they were simply caught up in the moment. Or, maybe they desperately needed to post a few photos. It's possible that they simply couldn't wait until normal business hours.

The teens that broke into the CNN building may end up facing penalties. Next time they should wait to check Facebook. Or at the very least, they should try not to sneak into an office building.

Related Resources:

Police: Teens break into CNN, use Facebook (WSB-TV)
Facebook Nabs Thief Who Proposed With Stolen Ring (FindLaw's Legally Weird)
Check In on Facebook, Get Burglarized at Home (FindLaw Blotter)