Illinois Form 1065: Fill & Download for Free

This answer may contain sensitive images. Click on an image to unblur it.Your question has many flaws and plays on the myth that it is more economically feasible to take an individuals than to house that individual, as I will discuss later. All I will say now is that it has been proven time and time again that it is cost effective for the tax payers to ban the death penalty; housing an inmate is by far the most economical choice.You also imply that it is okay for the state to take another person's life because an individual took a life. This type of reasoning leads to giving the state the right to take a life with no moral implications. This reasoning is far worse than the economic challenges that the death penalty brings.I am somewhat of an armchair expert on executions, at least for the state of Georgia. I worked at the GDoC for three years. I worked at the location in Jackson where the state's executions are carried out. I worked every day with death row inmates. How the state executes people fascinated me. I studied every aspect of how an individual on death row leads their life up to the extinguishment of their life.Before I worked there, I was all for the death penalty. I thought that if they committed the crime, they should pay the price. But as I worked with the inmates more and more I started to study capital punishment. I came to the conclusion that the death penalty is wrong and immoral.The United States Is the only Western Society which still Practices Capital PunishmentThe death penalty is legal in 31 states and in the federal and military legal systems. The US is the only country in the west (the EU, UK, Canada, & Mexico) which still has the death penalty (with the exception of Belarus) and is one of only five industrialized democracies that still practice capital punishment: Japan, Singapore, St. Kitts & Nevis, and Taiwan. South Korea currently has a moratorium in effect.The United States is fifth in the world per numbers when it comes to executions (35) with Iraq (61+), Saudi Arabia (90+), Iran (289+), and China leading the way at number one with 1000+. Do we really want to be lumped with these countries?Exoneration: Close Call with DeathCapital crimes or capital offenses are crimes which can result in the death penalty which are first degree murder, terrorism, and espionage. Of all the executions from 1992 through 2004, 39 executions has had compelling evidence of innocence or serious doubt about guilt.I'm not arguing that there aren't people who do horrendous acts, but our system proves that it isn't 100% at proving a man's guilt. Since 1970, there have been 156 exonerations of prisoners on death row. The following list is proof that the criminal justice system in the US is flawed.1970–19791977Delbert Tibbs, Florida. Convicted1980–19891987Joseph Green Brown. He was re-arrested in 2012 and charged with another murder in North Carolina.Perry Cobb. Illinois. Convicted October 15, 1979.Darby J. Tillis. Illinois. Convicted October 15, 1979. Perry Cobb and Darby Tillis, two African American men were convicted of First Degree Murder after a third trial by an all-white jury. The primary witness in the case, Phyllis Santini, was determined to be an accomplice of the actual killer by the Illinois Supreme Court. The Judge in the case, Thomas J. Maloney was later convicted of accepting bribes.1989Randall Dale Adams, Texas (Ex Parte Adams, 768 S.W.2d 281) (Tex. Crim App. 1989). Convicted 1977. The Adams case was the subject of The Thin Blue Line (1988 film).On April 8, 2010, former death row inmate Timothy B. Hennis, once exonerated in 1989, was reconvicted of a triple murder, thereby dropping him from the list of those exonerated.1990–19991993Walter McMillian, Alabama. Convicted 1988.Gregory R. Wilhoit, Oklahoma. Convicted 1987. Along with Ron Williamson, Wilhoit later became the subject of John Grisham's 2006 non-fiction book The Innocent Man: Murder and Injustice in a Small Town1995Robert Charles Cruz, Illinois. Convicted 1966. (Cruz disappeared in 1997. His remains were found in 2007.)1996Joseph Burrows, Illinois. Convicted 1989. Joseph Burrows was released from death row after his attorney Kathleen Zellner persuaded the real killer to confess at the post-conviction hearing, and Peter Rooney, a reporter for the Champaign-Urbana News-Gazette, obtained a recantation from a key witness. The Burrows case was the subject of a book by Rooney titled Die Free: A True Story of Murder, Betrayal and Miscarried Justice.Gary Gauger Illinois. Convicted 1995.1999Shareef Cousin, Louisiana (Louisiana v. Cousin, 710 So. 2d 1065 (1998)). Convicted 1996.Anthony Porter, Illinois. Convicted 1983.Ron Williamson, Oklahoma. Convicted 1988. Along with Gregory R. Wilhoit, Williamson later became the inspiration for and subject of John Grisham's 2006 non-fiction book The Innocent Man: Murder and Injustice in a Small Town.2000–20092000Earl Washington, Jr., Virginia (pardoned). Convicted 1994 (1984, without life sentence).2002Juan Roberto Melendez-Colon, Florida. Convicted 1984.Ray Krone, Arizona (State v. Krone, 897 P.2d 621 (Ariz. 1995) (en banc)). Convicted 1992.2003Nicholas Yarris, Pennsylvania Convicted 1982.John Thompson, Louisiana. Convicted 1985.2004Alan Gell, North Carolina. Convicted 19952008Glen Edward Chapman, North Carolina. Convicted 1995.Levon "Bo" Jones, North Carolina. Convicted 1993.Michael Blair, Texas. Convicted 1994.2009Nathson Fields, Illinois. Convicted 1986.Paul House, Tennessee. Convicted 1986.Daniel Wade Moore, Alabama. Convicted 2002.Ronald Kitchen, Illinois. Convicted 1988.Michael Toney, Texas. Convicted 1999. Toney later died in a car accident on October 3, 2009, just one month and a day after his exoneration.2010–20152010Joe D'Ambrosio, Ohio. Convicted 1989. While he was freed in 2010, but not yet exonerated, the U.S. Supreme Court declined to hear an appeal by the state of Ohio challenging the unconditional writ of habeas corpus and bar to D'Ambrosio's re-prosecution on January 23, 2012, nearly 2 years later, making D'Ambrosio the 140th death row exoneree since 1973.Anthony Graves, Texas. Convicted 1994.2011Gussie Vann, Tennessee. Convicted 1984.2012Damon Thibodeaux, Louisiana. Convicted 1997.Seth Penalver, Florida. Convicted 1994.2013Reginald Griffin, Missouri. Convicted 1983.2014Glenn Ford, Louisiana. Convicted 1984.Carl Dausch, Florida. Convicted 2011.Henry Lee McCollum and Leon Brown, North Carolina. Convicted 1984.Ricky Jackson and Wiley Bridgeman, Ohio. Convicted 1975.Kwame Ajamu (formerly Ronnie Bridgeman), Ohio. Convicted 1975.2015Debra Milke, Arizona. Convicted 1990.Anthony Ray Hinton, Alabama. Convicted 1985.Willie Manning, Mississippi. Convicted 1996.Alfred Brown, Texas. Convicted 2005.Lawrence William Lee, Georgia. Convicted 1987.Derral Wayne Hodgkins, Florida. Convicted 2013.William Antunes, Massachusetts. Convicted 1990Is A Life Sentence Really A Life In Prison?What partly fuels the myth that serving a life sentence is far more costly than the death penalty is that when somebody is served a life sentence, that individual actually serves a life sentence.When a person is handed down a verdict of life, does that really mean the individual will live until he breathes his last breath in a prison cell? Most of the time that individual will be released before he dies.There are two types of life sentences: Indeterminate life sentence and determinate life sentence. An indeterminate sentence is usually "15 years to life" or "25 years to life" and can be released on parole after 10 years. A determinant sentence is usually a sentence of "life without the possibility of parole," but someone with money and a crafty attorney can usually avoid this type of sentencing. Government officials of a particular state may have the power to grant amnesty, reprieves, or commute a sentence to time served.There are very rare cases where a person serves the rest of their life in prison because they are sentenced to a life sentence. Somebody who is on death row has a greater probability of serving more time than somebody serving a life sentence.When the constitution was written, the time between sentencing and execution could be measured in days or weeks. Death row inmates in the U.S. typically spend over a decade awaiting execution. Michael Ross, a Connecticut inmate who had been on death row for 17 years. Some prisoners have been on death row for well over 20 years.Why so long on death row? Death-penalty proponents and opponents alike say such careful review is imperative when the stakes are life and death. “People are adamant . . . that every avenue should be exhausted to make sure there is no chance (the condemned) is not guilty,” former Georgia Attorney General Mike Bowers said in 2001. “The surer you are, the slower you move.” (Atlanta Constitution, October 27, 2001).It's Cheaper to Kill than to House an InmateIt is a widely held belief that tax payers pay more for somebody who is serving a life sentence than for someone on death row. Richard C. Dieter of the Death Penalty Information Center, reported that studies have “uniformly and conservatively shown that a death-penalty trial costs $1 million more than one in which prosecutors seek life without parole.”“a 2004 Report from Tennessee Comptroller of the Treasury Office of Research that claimed “[i]n Tennessee, death penalty trials cost an average of 48% more than the average cost of trials in which prosecutors seek life imprisonment.”And,This study [The Cost of the Death Penalty in Maryland] assesses the death penalty's costs to Maryland taxpayers by examining a sample of the 1,136 death-eligible murder cases occurring between 1978 and 1999. We find that an average capital-eligible case in which prosecutors did not seek the death penalty will cost approximately $1.1 million over the lifetime of the case. A capital-eligible case in which prosecutors unsuccessfully sought the death penalty will cost $1.8 million and a capital-eligible case resulting in a death sentence will cost approximately $3 million. In total, we forecast that the lifetime costs to Maryland taxpayers of these capitally-prosecuted cases will be $186 million.The California Commission on the Fair Administration of Justice issued a report concludes, that “[i]t can certainly be said that death penalty trials take longer and cost considerably more than non-death murder trials.”Amnesty International concludes thatUsing conservative rough projections, the Commission estimates the annual costs of the present system ($137 million per year), the present system after implementation of the reforms ... ($232.7 million per year) ... and a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty ($11.5 million)."A 2003 legislative audit in Kansas found that the estimated cost of a death penalty case was 70% more than the cost of a comparable non-death penalty case. Death penalty case costs were counted through to execution (median cost $1.26 million). Non-death penalty case costs were counted through to the end of incarceration (median cost $740,000).Is the Death Penalty Really A Deterrent Against Crime?The death penalty is not an effective deterrent against crime. In all the states which has the death penalty, crime continues to rise.A survey by The New York Times shows that the 12 states without capital punishment have homicide rates below the national average. The survey also found that during the last 20 years, the homicide rate in states with the death penalty has been "48 percent to 101 percent higher" than in states "without the death penalty."LastlyTo answer your question, "Should the death penalty ever be used (if yes, in which cases) and why?"No.The death penalty should never be used. The arguments are moot when we can not prove beyond a shadow of a doubt that the crime was committed by the accused. And even if there is 100% proof of guilt, the death penalty should not be used.The death penalty is an expression of the absolute power of the state; by this I mean that the death penalty gives the state the right to kill someone as to make them an example. In order to show how immoral killing someone is, we will kill someone to prove it: this is one of the worst reasons for the death penalty. How can it be said that it's against the law to go out and kill somebody when the state does precisely that?My answer is an answer to state sponsored murder: The death penalty. I know that the verdict of the death penalty is handed down by 12 individuals who have heard all the facts and not the verdict of the state. But the problem lies in the fact that the state gave these persons sitting on the jury the power to take a life . . . therefore it is the state (indirectly) which takes the life of an individual.What conclusion should you come away with after reading this? A person serving life rarely ever serves life. A person on death row most likely will serve either more time than a lifer or close to the equivalent and cost more.So, outside of taking the power to kill away from the state, it is economically feasible to do away with the death penalty if we look at it from an economical view point.This is just my opinion and you are free to disagree with me.

If none of those start-up attorneys can show you a direct benefit from their advice then their advice is nothing you should act upon. Even if they could show you one direct benefit, if that benefit comes at an offsetting cost, then it is still bad advice. Taking on additional process should show worthwhile additional net benefit, and any competent advisor should be able to walk you through all plusses and minuses to a net benefit.That becomes actionable.But self proclaimed gurus and experts are like . . .Well, they are,like nosey, braggart, neighbors that want to tell you everything you are doing wrong and what is best for you so that you can get out of the cheap apartment you are in. Even though with all their "knowledge" they are still living in the cheap apartment right next door.Some start-up attorneys took the non-committal safe route. Didn't give you a right or wrong, or even something you can use to determine for yourself if it is right or wrong. But he is a start-up lawyer. He may just be feeling you out to see what advice he could sell, that you won't question.Let's take a real look shall we?Were you looking for a Federal tax advantage?At all level there is no tax advantage. The LLC at a federal level is a disregarded entity. The LLC is powerless to do anything about taxes Federally. There is no tax return for the LLC. The most the LLC can muster is to appear to be something else. If you are a single member LLC then you appear to be a sole proprietor and file as a Sole Prop. That means a Schedule C business attachment to your individual tax return. No tax advantage here. If yours was a multimember LLC then you default to a General Partnership Return, the 1065. The 1065 provides no tax advantage since it passes all tax issues to the personal tax return for calculation and payment. You could try to make an LLC appear to be either a Corporation or Sub-S. Each of which can, under certain circumstances, provide a possible tax benefit. But if that is what you are looking for lets go directly there and not waste cycles of action in the LLC realm.Were you looking for a State Tax advantage?As discussed above the LLC is a nonstarter for a tax advantage in and of itself. If you thought that filing an LLC in Delaware would save you from having to pay some state tax in Illinois, it will not. Since the LLC is not a tax payer and all the tax liability gets passed to you the owner, you will pay taxes where you live, in Illinois. Again a non-starter for tax benefits.Were you looking for a liability advantage?Let's break that into two separate components:LLC for Liability BenefitsDelaware for Liability BenefitsThe LLC has NOT been proven to provide any significant liability protection beyond perception. Kind of like the bark of a big dog behind a door might scare off someone who is not very dedicated to breaking into your house. But against a dedicated opponent that continuous loop of a recorded dog bark is little deterrent.But what if the LLC is first filed in Delaware, You ask? Well a dog barking machine made in North Korea would have no better outcome than one that is made in Illinois.What about Cost?File an LLC in Illinois costs X and filing in Delaware costs Y. Not exactly. If you pay for Y you will also have to pay for X in order to "Do Business" in Illinois. You will be filing as a foreign entity in Illinois.Anything to add, any of you start-up attorneys?