-Caveat Lector-

http://www.nypost.com/news/nationalnews/23379.htm

HUGH MAY BE TAXED 230G ON RETURNED $$

Wednesday,February 28,2001
By DAN MANGAN


Hugh Rodham could owe more than $230,000 in taxes on the money he
took - and then returned - for lobbying President Bill Clinton to
pardon two felons.

Rodham is liable for federal income taxes on the $400,000 he
initially received, and for gift taxes on the money the lawyer
agreed to return to the felons after Sen. Hillary Rodham Clinton,
his sister, and the president demanded he pay back his fee,
experts told The Post.

"I'm saying that the IRS commissioner should pursue this with all
vigor, and if he doesn't he's not doing his job," said Gene
Gavin, commissioner of Connecticut's Department of Revenue
Services, who is not involved in the case.

An Internal Revenue Service spokeswoman refused to comment.

Gavin said that, based on federal tax tables, Florida resident
Rodham will owe $158,400 in income taxes on what he received from
a businessman pardoned by Clinton, and a cocaine trafficker who
had his sentence commuted.

And then, because Rodham - under no legal obligation - gave the
money back to the two in exchange for nothing, he will owe
another $76,050 in federal gift taxes, Gavin argues, for a total
of $234,450 in taxes.

"I stand by these numbers," Gavin said, noting that it doesn't
matter if Rodham didn't end up keeping a cent - it's the
transactions that are taxed.

"I think he's got an income-tax issue," said John Bogdanski, law
professor at Lewis & Clark University in Portland, Ore., and a
former IRS adviser. "He worked, he got paid, it's income."

But Bogdanski thinks Rodham might avoid paying gift taxes because
of IRS rules allowing a lifetime exemption of $675,000 in gifts.

Former IRS Commissioner Don Alexander said that although he
"toyed with the idea," he does not believe Rodham will owe any
taxes on the money.

"Even I, a steely eyed ex-tax collector, feel like he's got a
pretty good argument" against owing taxes, said Alexander, who
nonetheless conceded the IRS has "a technical argument" for
claiming taxes.

He specifically cited the fact that Rodham quickly paid the money
back in the same tax year he received it, suggesting that Rodham
"never really had full [control] of it."

"The answer is - there's no clear answer," said Sheldon Pollock,
a tax attorney and University of Delaware business professor.
"The tax code doesn't answer every question."

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