N.J. woman suing state over lottery tax

Comment #67

haymaker — Thu, 30 Jun 2011 00:12:24 GMT

yea, they did't really notifiy players,if you were an casual player you would'know til to late.i'm a reg.player and did't know for quite a while that state tax would amount to 10.8% the highest in the country.not a suprise since we have the highest property taxes,auto ins.and on and one

Comment #66

rdgrnr — Wed, 15 Jun 2011 00:36:37 GMT

LOL, good point, JAP69.

Comment #65

JAP69 — Wed, 15 Jun 2011 00:32:46 GMT

Listen, Listen,

You hear all those that are hollerin the rich are not taxed enough. Looks like they did something about it.

Comment #64

HaveABall — Sat, 11 Jun 2011 06:56:15 GMT

It is good that Kimberly is willing to spend more of her after-taxed money to sue the state still.

Government job holders that cause these retroactive taxes should each spontaneously combust

Comment #63

rdgrnr — Sat, 11 Jun 2011 01:43:29 GMT

I don't really think we should remain the world's superpower.

When the United States of America ceases to be the world's leading Superpower it will be the death knell for freedom here and everywhere around the world.

Comment #62

Boney526 — Fri, 10 Jun 2011 20:56:36 GMT

Johnson's also Libertarian minded - although I haven't heard him talk too much on foreign policy. I slightly disagree with Paul's foreign policy views. I'd have to question a lot of his specific views, but agree strongly with having a generally non-interventional foreign policy. But I think that our current foreign policy decisions are just nuts.

When he was in office (Governer of New Mexico) he vetoed almost every bill sent to him, and was re-elected by a landslide in a 2 to 1 Democrati... [ More ]

Comment #61

Goalisamillion — Fri, 10 Jun 2011 17:29:22 GMT

Thats daRn right GIRL !!! Get you darn money, The state kills me when they be trying to collect their taxes like the are entitled to a good portion of your lotto winnings.. When it comes tax time and you try to file your losing tickets you dont get a darn cent back. The State be killing my with their BS

Comment #60

sully16 — Fri, 10 Jun 2011 15:59:53 GMT

Heres what I want to hear from a candidate.

1, Obamacare will be repealed

2, I support the 2nd amendment

3, I believe in our military

4, People who tried to destroy our country will be brought up on treason charges.

5, we are done wasting tax payer money, and you get part of it back

6, our borders will be protected and illegals will be rounded up and sent packing.

7,complete overhaul of entitlements.

8,no one get sexually violated at airports anymore, x-ray machines gone.... [ More ]

Comment #59

rdgrnr — Fri, 10 Jun 2011 14:25:37 GMT

I don't know anything about Johnson. I like a lot of Ron Paul's ideas but I disagree profoundly with his plans for the military. I believe we need to remain the world's overwhelming superpower. This is too dangerous a world to cut our defense capabilities and hope for the best.

Comment #58

Boney526 — Fri, 10 Jun 2011 04:23:11 GMT

If I don't see enough momentum for Ron Paul or Gary Johnson, I may consider voting for Hermain Cain in the primaries for 2 reasons....

He supports the Fair Tax plan and he's a business man.

Ron Paul's still my favorite and I think he has the best chance of beating Obama, though not that great of a chance of making it through the primaries.

(I know my avatar is the NJ Libertarian Party symbol, but I'm registered as Republican so I can vote in their primaries, as most liber... [ More ]

Comment #57

rdgrnr — Fri, 10 Jun 2011 03:51:07 GMT

Yeah, even TN has got them dam cameras goin up all over the place for speeding and redlight running. I can't tell ya how much I despise that kinda stuff. Then, to top it off, half the fine goes to the outfit in Australia that puts up the cameras

Comment #56

rdgrnr — Fri, 10 Jun 2011 03:45:06 GMT

OK Michael, sounds good! Nice talkin' to ya.

Comment #55

Piaceri — Fri, 10 Jun 2011 03:38:44 GMT

Don't bet on it. Big Brother is watching you. More than we ever imagined.

Comment #54

mjwinsmith — Fri, 10 Jun 2011 03:37:45 GMT

A milestone in Lottery Post History..........you and I totally agree. So let's wait and see how the debates go and come back to this issue again.

Michael

Comment #53

rdgrnr — Fri, 10 Jun 2011 03:23:31 GMT

He'd never find me up in here, Piaceri, LOL.

Comment #52

rdgrnr — Fri, 10 Jun 2011 03:19:31 GMT

LOL, OK, Iget it Maggie, the Godfather Pizza connection.

I like that one too.

Comment #51

Maggie-Nolia — Fri, 10 Jun 2011 03:15:09 GMT

rdgrnr, here's a suggested slogan for Cain that I heard on the television tonight: I DELIVER!

maggie

Comment #50

Piaceri — Fri, 10 Jun 2011 03:12:42 GMT

Obama might sue you for plagiarism. He'd 'Joe the Plumber' you for fun. He would make mock you and call you names like he does most of his enemies. Then your Democrat govt employees will look you up and give out your personal information.

Comment #49

rdgrnr — Fri, 10 Jun 2011 02:53:34 GMT

I like Herman Cain.

I even came up with a slogan for him:

YES WE CAIN

Comment #48

Piaceri — Fri, 10 Jun 2011 02:40:07 GMT

Herman Cain.

Comment #47

rdgrnr — Fri, 10 Jun 2011 02:31:35 GMT

I don't like Pawlenty or Huntsman and it's a toss-up with the others. I'd like to see a debate or two to see where the others stand on all the issues. Some I really like on fiscal and social domestic policy but don't know squat about what they think about foreign policy or anything else. We'll have to see how it shakes out.

Comment #46

mjwinsmith — Fri, 10 Jun 2011 02:12:11 GMT

We agree again, this is getting scary....lol.

Michele....she has issues but I like a few things about her (smile).

Daniels was a good choice, but he did'nt take the plung, ashame.

Huntsman, BIG question mark, the jury still out.

Pawlenty, give me a break.....yawn

Comment #45

rdgrnr — Fri, 10 Jun 2011 02:07:56 GMT

Nah, he's a RINO too and a phony. Acts like a D. He oughta just join 'em. He fits their profile, good at doubletalk, lying and dodging questions.

Comment #44

mjwinsmith — Fri, 10 Jun 2011 01:55:45 GMT

You and I can agree on that one, I see his staff just quit on him, ummm!

Romney, Mr Flip Flop how 'bout him

Comment #43

rdgrnr — Fri, 10 Jun 2011 01:24:17 GMT

Pick somebody else, mj.

Newt committed political suicide by going against the Tea Party right out of the gate. Stick a fork in him, he's done.

He's a RINO anyway. It would've been all capitulation and appeasement. The D's would have loved him.

Comment #42

mjwinsmith — Thu, 09 Jun 2011 23:14:46 GMT

Right on, Newt 2012! LOL

Comment #41

OldSchoolPa — Thu, 09 Jun 2011 22:31:02 GMT

These kind of maneuvers by the career politicians make people of means WANT to live as far outside of the US as possible. I know that when the day comes that I win a huge jackpot, I would quickly disappear from Illinois, reappear and establish residency in a southern state that does not feature any income taxes, claim my prize, purchase a residence also in a foreign country, and live life to the fullest. The moment I start feeling disgusted with the political situation in US, I would buy a first... [ More ]

Comment #40

GYM RICE — Thu, 09 Jun 2011 20:19:29 GMT

New Hampshire just got rid of their 10% gambling tax which was a total failure they imiplemented in 09. However, I do wonder if someone in New Hampshire hit a huge Powerball or Mega millions, say 300 million, would the law makers of that state try to pull a stunt like this

Comment #39

rdgrnr — Thu, 09 Jun 2011 18:54:52 GMT

Yeah and let's hope we can get rid of them in 2012.

Comment #38

rdgrnr — Thu, 09 Jun 2011 18:50:31 GMT

I'll just say this:

The current administration inherited a bad situation and promptly turned it into a nightmare situation by doubling the deficit.

You cannot spend your way out of debt.

When you find yourself in a hole the first thing you do is stop digging.

They brought in explosives and mining equipment.

Comment #37

mjwinsmith — Thu, 09 Jun 2011 18:48:08 GMT

Yeah, let's be honest, the bad guys as you call them are the idiots that got us in this mess to begin with.

And we all know who they are.

Comment #36

OldSchoolPa — Thu, 09 Jun 2011 17:32:19 GMT

And make them pay back all compensation paid to them during their time in service. Then elect someone like me to the Senate seat Blago tried to sell. I will make Illinois an attractive place for businesses to operate. More companies will flood back into Illinois due to the reduced corporate taxes. More companies relocating to Illinois means more permanent jobs. Additionally, I would cut tax rates for production crews so as to reattract more Hollywood filming in Illinois. This too would translate... [ More ]

Comment #35

dpoly1 — Thu, 09 Jun 2011 14:10:32 GMT

I say let's kick out all of the Politicians Retroactively

Comment #34

sully16 — Thu, 09 Jun 2011 12:23:26 GMT

We are determined, we now have a bridge to no where scene in Michigan, the Federal Government wants to build yet another bridge to Canada, we have 3 already plus a tunnel, not only will Michigan tax payers foot the bill, but the rest of the country as well, and of course it will be one more place to set up homeland security, create more spending and drive up the cost of crossing the bridges.

Sadly, people will vote for all the wrong reasons.

Comment #33

dr65 — Thu, 09 Jun 2011 11:14:35 GMT

I hope the lady wins. Retroactive to January? That is just plain wrong. I could see it beginning the 1st day

of the next month but to take it all the way back to the beginning of the year is just greed.

Comment #32

Todd — Thu, 09 Jun 2011 10:59:22 GMT

Totally agree. And that is what gave birth to the Tea Party movement. Because both the D's and the R's proved that they would spend money without regard to consequence. And now lots of the R's are Tea Party-backed representatives who are determined to cut spending.

Just to bring things up to date.

Comment #31

Littleoldlady — Thu, 09 Jun 2011 07:13:06 GMT

Whose fault is it we are facing bankruptcy? It didn't happen overnight and it sure didn't happen in three years. When the cat is away, the mice come out to play and play they did and made a mess.

Comment #30

rdgrnr — Thu, 09 Jun 2011 01:52:26 GMT

Let's be honest, Puffy.

Right now the R's are trying to cut spending and taxes and the D's are fighting tooth and nail against it.

Right now.

The D's want more taxes and more spending.

As we gallop towards bankruptcy.

Let's not kid ourselves.

Comment #29

Piaceri — Thu, 09 Jun 2011 01:15:44 GMT

Tax his land, Tax his bed, Tax the table At which he's fed.

Tax his tractor, Tax his mule, Teach him taxes Are the rule.

Tax his work, Tax his pay, He works for peanuts Anyway!

Tax his cow, Tax his goat, Tax his pants, Tax his coat.

Tax his ties, Tax his shirt, Tax his work, Tax his dirt.

Tax his tobacco, Tax his drink, Tax him if he Tries to think.

Tax his cigars, Tax his beers, If he cries Tax his tears.

Tax his car, Tax his gas, Find other ways To tax h... [ More ]

Comment #28

JWBlue — Thu, 09 Jun 2011 00:55:35 GMT

It seems like an open and shut case to me.

Comment #27

Puffalishous — Thu, 09 Jun 2011 00:03:01 GMT

I agree with you. I don't see why people want to blame just the Democrats. There is alot of blame to be passed around. Kick them all out

Comment #26

rdgrnr — Wed, 08 Jun 2011 23:45:40 GMT

Wait a minute, let's not get carried away.

Wild women and mistresses have saved many a man from a life of despair.

Like George Jones sang:

I need four walls around me

To hold my life

To keep me from goin astray

And a Honky Tonk Angel

To hold me tight

To keep me from slippin' away-ay-ay-ayyyyyy

Comment #25

KY Floyd — Wed, 08 Jun 2011 23:35:25 GMT

This has absolutely nothing to do with the constitution, the bill of rights, or general tax law. It's strictly about contract law. The state can very definitely change the income tax law and make the changes retroactive to the beginning of the year, but they can't unilaterally change the terms of a contract they've already entered into with other parties.

The legal argument here is that the state entered into a contract with millions of people to sell them lottery tickets based on known odds... [ More ]

Comment #24

dphillips — Wed, 08 Jun 2011 22:36:06 GMT

Yes, Todd and others, this should be an interesting case to watch. I lived in New Jersey and back then -- it was cash strapped, before the economy tanked. Oh, yeah, the Federal Government is bitching about it's overblown, bloated deficit, not caused by the taxpayers, but by the Wall Street sellouts -- the fat cats who pocketed the taxpayer's money: surely, the fat cats spent the money on wild women and song, and other mistresses.

Okay, Obama, come to the rescue: refund all taxpaying citizens... [ More ]

Comment #23

Boney526 — Wed, 08 Jun 2011 14:28:55 GMT

The thing is that Republicans do get riled up enough to get their representatives kicked out sometimes. And the Tea Party (at least a bunch of them) are there actually doing what they said they would.

But for the last year and a half, the Democratic plan has been to never touch the budget, let the Republicans do it and call them exetremists when they do. Out of 4 budget proposalsthat the Senate voted to move forward, the only one made by a Democrat was OBama's and it got 0 votes. ZERO, n... [ More ]

Comment #22

rdgrnr — Wed, 08 Jun 2011 14:20:34 GMT

I think we can agree that the R party has been guilty from time to time over the years but tax and spend is the hallmark of the other guys.

Blaming them both is like frisking Swedish two year olds at the airport just to show that we're not biased. It's pure political correctness.

Let's be honest, we know who the bad guys are.

In both cases.

Comment #21

mjwinsmith — Wed, 08 Jun 2011 13:50:26 GMT

Makes no difference, a D or an R, if they are not doing what We the People want they should be voted our of office, period. I totally agree with you that many of these idiots (on both sides) get re-elected time and time again. The sad part of that is that people wonder why nothing changes, dah

Comment #20

dpoly1 — Wed, 08 Jun 2011 13:47:19 GMT

I am thinkin' that there may be riots in the streets in the future .........................

....................... too many crooks in the Government !

Government in action

Comment #19

rdgrnr — Wed, 08 Jun 2011 13:44:09 GMT

I think the interesting part of this is that the people who do these kinds of things to us are our employees - they work for us.

I think the outrageous part of this is that they keep getting re-hired, thanks mainly to a certain political party that starts with a D.

Comment #18

surimaribo24 — Wed, 08 Jun 2011 13:43:19 GMT

get those snip .tell them that you dont mess with jersey befor snooky smack the crap out of NJL. all they do is ripp us off when you winn and even after that they dont leave you alone. hope this case will be succesfull.

This post has been automatically changed by the Lottery Post computer system to remove inappropriate content and/or spam.

Comment #17

mjwinsmith — Wed, 08 Jun 2011 13:41:22 GMT

and I hope this case goes all the way up the chain to the Supreme Court. New Jersey is wrong any way you look at it.

Comment #16

Longarm — Wed, 08 Jun 2011 06:05:12 GMT

Why? We must question governmental power, otherwise we yield to whatever power it assumes. If they can pass a law retroactive to the beginning of the current year, then they can pass a law retroactive to the beginning of time. The fact that an income tax return has not yet been filed is meaningless. Otherwise, those who wait until April 15 to file a tax return can be subjected to a an income tax increase passed by Congress and made effective on April 14. Income must be subjected to a level of ta... [ More ]

Comment #15

Littleoldlady — Wed, 08 Jun 2011 05:22:48 GMT

No, they can't go that far back. There would be riots in streets. I think Jan 1 of the year the law is passed is as far as they can go back.

Comment #14

Longarm — Wed, 08 Jun 2011 04:50:55 GMT

This makes me wonder about limits of government power. The tax was made effective at the beginning of the year. If they can do that, could they make a tax effective at the beginning of the previous year? Could they make a tax retroactively effective for the past 50 years? Could they simply increase the income tax rate effective the past 50 years and expect everyone to send in the difference between what they paid and what they would have paid under the higher rates? Why would a calender date, su... [ More ]

Comment #13

time*treat — Wed, 08 Jun 2011 04:48:06 GMT

You stole my thunder.

Comment #12

Littleoldlady — Wed, 08 Jun 2011 04:42:37 GMT

It does really depend I think on the wording of the law and its reasons for enactment. I just got through reading about a case where the Supreme Court held that retroactive taxation was legal but as I said, it depends entirely on the wording of the state law that they passed. Her reasoning would have to be under the fifth amendment to the Constitution which prohibits government abuses. According to what I read, the retroactive taxation cannot just be for reasons of raising revenue. I think that

Comment #11

Longarm — Wed, 08 Jun 2011 04:11:32 GMT

The constitutional ban against ex post facto laws is generally held to apply only to criminal laws (making something an offense, or increasing the penalty for an offense after an act has been committed). It wouldn't apply here. But I wonder about the wording of the contract between the state and the jackpot winner. That wording could make or break this case.

I might also ask about equal protection of the law. This law seems to be very specifically targeted, and it's possible the Fourteenth Am... [ More ]

Comment #10

rdgrnr — Wed, 08 Jun 2011 03:22:31 GMT

I wish the politicians who passed the law would have to pay it back out of their own pockets.

Blood sucking bastages.

Comment #9

RichinNJ — Wed, 08 Jun 2011 03:11:08 GMT

This isn't an ex post facto argument. The argument here is breach of contract. Since the STATE operates the lottery AND sets tax law, by passing a retroactive tax on lottery winnings it effectively violated the terms of the contract under which the tickets were sold. They were sold until June 29 with the understanding that winnings would not be taxable. In effect, the state made the tickets less valuable after they had been sold.

Comment #8

LANTERN — Wed, 08 Jun 2011 01:30:10 GMT

It also seems to me that it should not have been made retroactive, I can not say that they were discriminated against, but I can say that whoever made that law retroactive must be crazy, they and all others should get their tax money back and with added interest, such a thing should not be legal, it is crazy.

Comment #7

GASMETERGUY — Wed, 08 Jun 2011 01:22:37 GMT

The Constituson prohibits ex post facto law, laws passed after the fact which results in incarceration. This prohibition does not apply to tax laws.

Bill Clinton, early in his Administration, retroactively increased corporate and personal income tax. This law was contested all the way up to the Supreme Court. The Court ruled the Constitutional ban on ex post facto laws did not apply to tax laws. Many people and companies went bankrupt. They were on the edge and could not weather the additiona... [ More ]

Comment #6

dpoly1 — Wed, 08 Jun 2011 00:47:27 GMT

We should sue the Federal State Governments for ALL of our income taxes

Comment #5

Littleoldlady — Tue, 07 Jun 2011 23:12:57 GMT

They need to take this as far as the Supreme Court if necessary. Seems like to me it was a money grab by a cash strapped or not state. How could they make it retroactive? If they wanted it to start in Jan 2009 seems like to me someone should have gotten off their keyster and got the law passed before that time. It stinks to high heaven.

Comment #4

ronki — Tue, 07 Jun 2011 23:11:54 GMT

Just TAX us to Death and then dig us up and TAX us some more . Land of the free like Hell.

Comment #3

Boney526 — Tue, 07 Jun 2011 22:38:38 GMT

Good. Retroactive taxes are BS.

Comment #2

dallascowboyfan — Tue, 07 Jun 2011 22:31:23 GMT

Comment #1

Todd — Tue, 07 Jun 2011 22:28:03 GMT

This will be an interesting case to watch.

N.J. woman suing state over lottery tax

Lottery Post — Tue, 07 Jun 2011 21:21:36 GMT

State retroactively slapped her with $1.58 million in taxes

A Rockaway, New Jersey, woman who won a $14.9 million prize in the New Jersey Lottery's Pick 6 drawing in 2009 is suing the state to get a $1.58 million income tax refund she says she is owed.

Kimberly Wearin's lawsuit, made public today in Superior Court in Morristown, says that when she won the prize on June 4, 2009 and took it as a lump sum, winnings from the state lottery were excluded from taxable income, under state law.... [ More ]