if saylor did get X income in 2014+ and income tax was Y% in florida (0%). and he did pay Y% of X to florida($0) by filing tax papers in florida. which were accepted by florida.
then there is no fraud
then he can prove he did not evade tax by showing his florida tax filings that were accepted by florida..
by which washington, if not happy.. should take up the argument with florida..
funny part is the court filing admits he takes a plane out of washington alot (leaves washington=not stays), which means the number of nights in washington are less than they will admit to
next funny part is they mention a "relator" who has personal knowledge of MS, part of his inner circle, a personal witness and confidant(and now whistleblower..)
.. someone in MS's friends group is jealous
funny how they want to say if he leaves washington for temporary absense periods (a week or two)
EG if he works one day in DC but then
goes back to florida for 6 days. they treat returning to florida as a 'temporary absense', but still treat the week as
7 days in washington. all because he owns property in DC
where as spending just a couple hours in DC is treated as residing in DC for that day
https://oag.dc.gov/sites/default/files/2022-08/Tributum%20v.%20Saylor%20-%20DC%20FCA%20Complaint_0.pdf22. To calculate the days establishing statutory residency, “temporary absences from a District residence (i.e., vacations, hospitalization, business trips, and the like[)] shall be considered as periods of District residency.” D.C. Mun. Regs. tit. 9, § 105.6; see also D.C. Code § 47-1801.04(42) (“[A]n individual’s absence from the District for temporary or transitory
purposes shall not be regarded as changing his domicile or place of abode.”). Additionally, if an
individual only spends a partial day in the District, that day nonetheless counts toward
establishing statutory residency. See Bechtel v. D.C. Office of Tax & Revenue, D.C. OAH 2016-
OTR-00017, 2018 D.C. Off. Adj. Hear. LEXIS 6969 *18 n.53 (D.C. Office of Admin. Hearings
Nov. 30, 2018).
so this is where i think they are trying to say he stayed in DC for more then 6 months because they are excluding all his weekend/non work day trips back to florida. ignore any days/weeks he is away for business stuff, and pretend even when on vacation on some exotic island means he is still in DC at the same time..
i can see MS easily fighting the claims made by an old buddy of his, though i expect it will just be settled at a discount rate.. its only civil court case after all
..
got to love the contradictions of the accuser
FILED UNDER SEAL
-18-
51. In the ensuing years, Saylor’s scheme has continued unabated. If anything, he
became more brazen in his fraud. After attempting to regularly visit Florida in 2013—although
never abandoning his domicile in the District—Saylor returned to spending an increasing portion
of his year residing at Trigate
admits going to florida alot
suggests he spent some time in a penthouse called trigate for "portions" of time in 2013
however
33. In 2009, Saylor embarked on a major renovation project [..]Saylor hired an architect and contractors to tear down the walls and fixtures of the three penthouses he purchased to combine them into a single open unit.[..] He also dubbed the amalgamated residence “Trigate.” [..] construction began in November 2010, but construction of the extensive and elaborate finishes continued for four more years. Saylor’s architect posted photos to Facebook of the project, including regular updates from 2012 to 2014 showing progress. The renovation continued until Saylor formally opened Trigate in the fall of 2014.
thus not living in a construction site in 2013
additionally
36. Also, when Saylor travels from the District, he does so almost exclusively by
private jet. Until MicroStrategy’s 1998 IPO, Saylor traveled commercially in first class, like
most of his executive contemporaries. However, on the “roadshow” preceding the IPO, Saylor
accepted the private jet itinerary recommended by Merrill Lynch, the lead banker for the IPO,
and thus forever changed his approach to travel. Saylor became fascinated with the ease and
efficiency of flying privately, and in the decades since then, among his thousands of flights
across the world, he has only flown commercially when it was the only available option for
travel
1998-2022 =24 years
"thousands" of flights.. lets call it 2400 for easy math
so he was flying OUT of DC atleast 50 times a year(2.4k/24=100. = 50 out 50 in)
so he was going somewhere 50 times a year out of state.. out of 52 weeks a year.
seems to me thats more times away than within.
if he was only doing 2-4-10 flights a year, maybe they would have a case. but atleast 33 times.. well now they really need to prove the 183day rule
lastly
millions of investors own property in lots of places. if just owning property for more then 6 months = have to pay income tax there.. due to ignoring they days they are not in the property(facepalm)
then dang. someone earning $100m(demo number) with 6 properties in 6 states with 20% tax. means that person pays $120m in tax combined on $100m income meaning they are losing money by working
