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Like a dog owner who believes that rubbing a dog's nose in its own poo is a "learning exercise",  or  who allows their kid to sit in their soiled nappies as punishment,  TSSG's Patrick HIndert continues to demonstrate his "fine parenting skills" with Spencer v Hartford-9. Using anecdotal evidence gathered by Jeremy Babener, a law student (or perhaps recent graduate) specializing in taxation  from New York University,  Hindert suggests and/or implies through examples that generally any benefit that Defendants get from offering structured settlements is ill gotten. Then "frothing at the mouth" about his 468B QSF "magic pill", he's looking for "the love" from the defendants and insurers that he's just dissed.

It seems ironic that Patrick Hindert emphasizes anecdotal evidence, a form of evidence that Mr. Babener found to be non persuasive with respect to justifying the structured settlement tax subsidy in his paper on that subject. Jeremy Babener then stated "Congress legislated the 1982 tax subsidy based on testimony (including that of Patrick Hindert) asserting that premature dissipation of lump sum settlements was very common. As my paper notes, today?s industry practitioners attest to the same assertion. Thus, the paper?s introduction states: ?The absence of such documented empirical evidence to support favorable tax treatment of structured settlements does not negate the validity of the consensus of professional opinion.  From a policy standpoint, however, the fundamental importance of this subsidy demands more than mere opinion. A policy that impacts millions of taxpayers and subsidy recipients is deserving of a substantiated empirical foundation.?

If Hindert ostensibly wants to do something of value for the defendants and insurers then perhaps he should call for a study and raise the necessary funding for it. Babs can even write a new paper. Yippee!

"If you've had enough,
don't put up with his stuff,
don't you do it
If you've had your fill,
get the check pay the bill,
you can do it"    Donna Summer (Paul Jabara) "Enough is Enough"

Post script 5/23/2010: Patrick Hindert has removed Spencer v Hartford-9. 

 

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