Posted on 10/27/2016 2:13:05 PM PDT by AmusedBystander
It's a case of too bad, so sad for Alec Baldwin ... according to the art gallery owner he's suing for selling him a fake painting.
Mary Boone responded to Baldwin's suit, saying the actor waited more than 6 years to file the suit over "Sea and Mirror" -- the Ross Bleckner painting Boone's gallery sold him for $190k. In docs, Boone says the statute of limitations has run out, so Baldwin's got no beef ... legally speaking.
Further, Boone claims Baldwin committed tax fraud. She claims he should have paid $16,625 in NY city and state tax on the painting, but instead had it "shipped momentarily" to his Cali home, then back to his NYC pad.
Translation: He has unclean hands in this deal, and therefore shouldn't be pointing fingers at her in court.
Boone says she's not conceding Alec's counterfeit claims are true ... she's just not addressing it because his lawsuit's too late. She's asking the court to toss the case.
So, he’s a tax cheat AND a sucker!
I think the clock starts ticking for fraud when the fraud is discovered...
I do not like Baldwin. But, the question is “did she sell him fake art”?
“Tax for thee but not for me” liberal.
And a wife beater and abusive father. In other words, a paragon of Liberal morality.
Indeed, the sol may be tolled in the interim.
Baldwin will never buy from them again of course but other clients may read this and decide they are not exactly the people to deal with.
Further, Boone claims Baldwin committed tax fraud. She claims he should have paid $16,625 in NY city and state tax on the painting, but instead had it "shipped momentarily" to his Cali home, then back to his NYC pad.
Boy, talk about adding insult to injury, if the painting is fake, how can there be a tax issue?
Maybe it’s a “statue of limitations”
Anyways, that’s what Cosmo Kramer told me.
It’s a sculpture of limitations!
I think you’re right, but if he had plenty of opportunities to ascertain the legitimacy of the painting beforehand and never bothered, then he may have hurt his chances to prevail in court.
No the question is why was Baldwin trying to avoid a tax on his purchase. Just like Kerry tried to do with his yacht.
Whether he ended up owing the tax at a later time is not at all relevant to his hiding from the tax in the first place. He bought a painting and tried to avoid the NY tax by having it shipped out of state.
Criminal intent, plain and simple.
In this case, the defendant was accused by Baldwin of fraud. By demonstrating that Baldwin himself was also guilty of fraud in the same transaction, the defendant's lawyer is invoking a legal argument called the "doctrine of unclean hands." This common law principle means that you can't sue someone and claim that you've suffered some kind of damages when you yourself are acting in bad faith yourself in the same matter.
The three-year statute of limitations of Code of Civil Procedure section 338, subdivision (d) does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun’n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr.
This article is less click-bait and more info.
Baldwin's case is different if he actually shipped the paintings to California before shipping them back to New York. In Kozlowski's case, he knowingly evaded New York State sales taxes by having empty boxes shipped to his company's office in New Hampshire (which has no sales tax), while the actual paintings were shipped to his home in New York.
That’s a good question. But I hope he gets in trouble anyway.
“I do not like Baldwin. But, the question is “did she sell him fake art”?”
See my #16. Why I never trust TMZ ...
Regardless of Mr. Baldwin’s unseemly reaction to his own misunderstanding, Ms. Boone offered him a full refund and took every step to handle this in a professional manner.
If this is true, then I don't see how a fraud claim could possibly stand up to legal scrutiny.
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