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"Imagine an eye unruled by man-made laws of perspective. An eye unprejudiced by compositional logic. An eye which does not respond to the name of everything but which must know each object encountered in life through an adventure of perception." —Stan Brakhage
Over the course of nearly 50 years and over 350 films, experimental filmmaker Stan Brakhage strived to make his camera one with his "eye-brain...the mind's eye." His intensely subjective films comprise what may be the most soulful expression cinema has ever seen. Brakhage's output testfies to his commitment to his art, his technique and his muses: the visual evidence around him of "birth, sex, death and the search for God." Nearly all of Brakhage's films convey an astonishing blend of abstraction and representation, a hypnotic flow of pure cinema, an orgasmic discovery of the possibilities of the camera and editing technique, a hungry sensuality. Brakhage used the medium of film to chase the primitive and elemental and, more rarely, the constructions of urban and suburban living: the full spectrum of the macroscopic, scopic, and microscopic. To delve into a Brakhage film is to allow him to blow open your doors of perception, keeping them ajar long after the film (whether it be seconds or hours long) has fully unspooled.
There's a strong sense of film as play in these films, with a handmade quality that in some ways evokes the art projects of a grade-school classroom writ large by Brakhage. While all of his films qualify, in some way, as avant-garde, Brakhage became increasingly committed to the textured abstract, with much of his signature work being painted directly onto film or scratched into it (as are most of the film's titles). Though the films can challenge short attention spans, there's also often an assaultive, fluttering rapidity to Brakhage's bursts of color and scratches. Brakhage described his core aesthetic as "moving visual thinking," both his own and his hopeful sync-up with that of the audience as they process the input-output of his mind's eye. The films' typical silence—both inviting to thought and feeling, and disconcertingly distancing—reminds the viewer that, ultimately, one's experience of the film is solitary. Unquestionably, the films ask a lot of the viewer: they are not for those who see film as strictly a passive experience or a strictly escapist one, a notion Brakhage derided as a waste of precious life-time.
The Criterion Collection's sprawling collection of fifty-six of Brakhage's films offers an opportunity to witness the evolution of the artist over the span of his career (1954-2003). His best known works are here: film-class staple "Mothlight" (a 1963 piece created without the use of a camera, but with direct application to film of grass and moth wings), the graphic 1959 childbirth film "Window Water Baby Moving," and the 1961-1964 epic Dog Star Man, an Eisenstein-inspired, masterful display of montage —through editing and superimposition—that evokes the timeless struggle of man in and against nature. There are rare, but still unconventional excursions into narrative (1954's "Desistfilm" makes the camera a partcipant in a drunken party), documentary ("The Act of Seeing with One's Own Eyes" bravely and sickeningly takes us into an autopsy room), and home-movie forms, all filtered through the artist's unique perspective.
But most of the works are bursts of abstract art on film (like "The Dante Quartet," "Rage Net," and "Black Ice," which employs optical zooms to heighten the film's trance-like effect) or a combination of the abstract and college to the end of social critique, as in the case of Brakhage's celebrated 1967 anti-war film "23rd Psalm Branch." In his later years, Brakhage suffered from bladder cancer but undespairingly channeled the experience into his still-prolific work. Criterion's two-volume Brakhage anthology brings the artist out of the museum and into the place he envision himself: the living room. Now a wider audience has joined his tireless, distressing, ugly and beautiful search for meaning.
Criterion's By Brakhage: An Anthlogy—Volumes One and Two is a collection some viewers will find literally exhaustive, but indeed it needn't (and probably shouldn't) be experienced in one sitting, unless you have some anti-psychotics handy. Over three Blu-ray discs, you'll find fifty-six films totalling nearly twelve hours of viewing, plus hours of bonus features. Image quality must be considered in context of the source material. Volume One was prepared with Stan Brakage's direct involvement and Volume Two under the auspices of Brakhage's widow Marilyn. Most of the films are in an aspect ratio of roughly 1.37:1 (Brakhage's final film, "Chinese Series," is 1.85:1) and they vary in film source from 8mm to 35mm. Suffice it to say the transfers perfectly capture the filmmaker's intent, which included imagery painted or taped directly to film or even scratched into it. Most impressive is the vibrancy of the color, which at times comes in hues you're likely never to have seen before. Audio is largely irrelevant, as the majority of the films are silent, but the ones that aren't maximize their monaural source material. There's no question that Criterion has produced the definitive home-video collection of these films.
The bonus features constitute a film seminar in a box, providing context (mostly in Brakhage's own voluminous words) for the life, career, and films of the artist. Disc One repeats Volume One, previously (and still) available on Criterion DVD. The disc includes a "Play All" option for the twenty-six films. One can also individually access the films and find in the menu both brief text intros and access to audio "Remarks" from Brakhage on each of the films. The extremely talkative Brakhage also appears in three interview montages recorded in 1996 and 1997. In "Brakhage on Brakhage I" (9:07, HD), the artist discusses influences like John Cage and Jackson Pollack, telling a remarkable story of observing the alcoholic Pollack at work. "Brakhage on Brakhage II" (8:42, HD) deals with the influence of poetry (especially Ezra Pound) and his thoughts on Hollywood movies and the narrative form. "Brakhage on Brakhage III" (8:54, HD) covers tangling with nature, being in a trance state, practice with the camera and discovering on 8mm the trick of in-camera superimposition, while "Brakage on Brakhage IV" (9:35, HD) finds the artist discussing the current stage of his career and his uncertain future due to bladder cancer, as well as his appreciation for Whistler.
Discs Two and Three comprise the newly compiled Volume Two. The first of these discs includes excerpts from Salons conducted by Brakhage at the University of Colorado at Boulder: "On '23rd Psalm Branch'" (3:52, HD), "On 'Scenes from Under Chldhood,' Section One" (5:15, HD) and "On 'Murder Psalm'" (2:05, HD). There's also a text screen with information "About Brakhage's Salons." Also included are a 1990 "Interview" (36:58, HD) focusing on his role and choices as an artist and audio of a 1996 "Lecture" (50:23, HD) in which Brakhage delves into his artistic philosophy.
The final disc in the set includes two more Salon excerpts: "On 'Boulder Blues and Pearls And...'" (2:30, HD) and "On 'The Cat of the Worm's Green Realm'" (1:56, HD). Here too is Marilyn Brakhage's film "For Stan" (15:43, HD), which depicts her husband at work. There's another set of interviews: "Brakhage on Brakhage I" (6:13, HD) touches on Brakhage's relationships with Joseph Cornell and Maya Deren; "Brakhage on Brakhage II" (7:18, HD) finds the artist defining "experimental film," the "avant-garde" and the "underground," as well as his own imperative of "moving visual thinking"; and "Brakhage on Brakhage III" (7:02, HD) covers painted film versus narrative drama. Lastly, there's another Brakhage audio "Lecture" (1:06:35, HD), this one on the importance of Gertrude Stein's poem "Stanzas in Meditation."
The boxed set also comes with a 95-page booklet with "a foreword and program notes by Marilyn Brakhage, film capsules and an essay by Brakhage expert Fred Camper, and an essay on the film's preservation by Mark Toscano of the Academy Film Archive."
|Review gear:
Panasonic Viera TC-P55VT30 55" Plasma 1080p 3D HDTV
Oppo BDP-93 Universal Network 3D Blu-ray Disc Player
Denon AVR2112CI Integrated Network A/V Surround Receiver
Pioneer SP-BS41-LR Bookshelf Speaker (2)
Pioneer SP-C21 Center Speaker
Pioneer SW-8 Subwoofer


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LONG BEACH – A Signal Hill real estate investment company could lose its business license to operate an East Village property that city officials say is rented to a medical marijuana dispensary.
The Long Beach City Council will consider an appeal case today involving the 4th Street Collective, 745 E. 4th St.
Oceansider IV LLC manages the property, which has multiple business addresses that are vacant, except for the 4th Street Collective, according to the city's Department of Financial Management.
According to a memorandum, code enforcement officers have issued 47 administrative citations totaling $22,800 to Oceansider IV LLC since February last year, when council members banned medpot collectives of more than three persons following an appeals court decision that struck down Long Beach's short-lived regulations governing the cultivation and distribution of medicinal marijuana.
The city revoked the business license of Oceansider IV LLC on June 6. The company appealed the decision a week later, and the appeal was upheld in December.
Mark Malan, the managing member of Oceansiders IV LLC, in a letter appealing the decision, criticized the quality of witnesses used for the hearing, which he called a "kangaroo court."
Malan offered to cancel the 4th Street Collective's tenancy if the city indemnified the company from damages claimed, and pay the rent on the vacant space until a new tenant is secured.
Water submetering
Councilwoman Suja Lowenthal, who chairs the Environmental Committee, will recommend Tuesday that the City Council approve a recommendation to consider a water submetering ordinance to include in the triennial building code update.
Water officials seek submetering in new multifamily properties to manage Long Beach's future water supply.
Submetering would not be required in properties that were built before Jan. 1, 2014 – the date the new regulations would go into effect, if passed.
Gun buyback
Long Beach may hold a gun buyback event under a proposal to be heard Tuesday.
Councilman Steve Neal will request that City Manager Pat West work with Long Beach Police Chief Jim McDonnell to look into creating and funding a gun buyback program.
Gun buybacks have been held by several cities across the country following a Dec. 14 shooting at Sandy Hook Elementary School in Newtown, Conn., where a gunman killed 20 children and six adults.
The last gun buyback in Long Beach was in 1999, according to the LBPD.
firstname.lastname@example.com, 562-499-1254, twitter.com/EricBradleyPT*

subset: commoncrawl


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PORTLAND, Maine, March 15 (UPI) -- A former civilian employee at the Portsmouth Naval Shipyard in Maine was sentenced to 17 years in prison Friday for setting fire to a nuclear submarine.
Casey James Fury, 24, pleaded guilty last year to two counts of arson. U.S. District Judge George Singal in Portland imposed a sentence of 17 years and one month, followed by five years of supervised release.
Singal also said Fury should make payments to reimburse the U.S. Navy $400 million for the damage done to the USS Miami.
Fury admitted last year he set two fires in May and June because he wanted to leave work early during an anxiety attack.
"I cannot put into words how much remorse I feel," he said Friday, almost breaking down in tears several times. "It was a moment of extreme anxiety and panic, and I did not ever intend for that amount of damage to be done. To those who were injured in their heroic actions responding to the fire, I am most sorry."
The sentence was about two years more than Fury's lawyer suggested and two years less than the one requested by prosecutors.
The Miami was in the shipyard for repairs. The yard is in Kittery, Maine, across the Piscataqua River from Portsmouth, N.H.


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The IRS has released new inflation-adjusted amounts for 2019. These inflation-adjusted figures generally apply to tax years beginning in 2019 or transactions or events occurring in calendar year 2019....
The IRS has released the 2019 cost-of-living adjustments (COLAs) for:pension plan dollar limitations, andother retirement-related provisions.Inflation AdjustmentsThe contribution limit has increased f...
The government has released a joint agency rule finalizing and expanding the exemption from the contraceptive coverage mandate under the Patient Protection and Affordable Care Act (ACA) ( P.L. 11...
The government has released a joint agency rule finalizing and expanding exemptions for various entities and individuals with sincerely held moral convictions opposed to coverage of some or all contra...
Final regulations issued under the uniform capitalization (UNICAP) rules adopt a new simplified method—the "modified simplified production method"—for determining additional Code...
The IRS has extended leave-based donation programs to victims of Hurricane Michael. These programs allow employees to forgo vacation, sick, or personal leave. In return, the employer makes cash donati...
Amendments to the return preparer regulations expand the scope of preparer due diligence. The regulations apply to the due diligence penalty as it applies to:the child tax credit;the additional child ...
Becoming and remaining an enrolled agent or enrolled retirement plan agent will soon cost more. The IRS is proposing to increase the fees for becoming and renewing as an enrolled agent to $67. The fee...
The IRS has announced that the applicable dollar amount used to calculate the fees imposed by Code Secs. 4375 and 4376 for policy and plan years that end on or after October 1, 201...
The Ohio Department of Taxation (DOT) has announced that it has begun mailing Federal Adjusted Gross Income (FAGI) billing notices to resolve discrepancies between income tax return information report...
Tax-Related Portion of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act, Enrolled, as Signed by the President on October 24, 2018, P.L. 115-271
Tax-Related Portion of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act, Enrolled, as Signed by the President on October 24, 2018, P.L. 115-271
President Donald Trump has signed bipartisan legislation, which expands a religious exemption for the Patient Protection and Affordable Care Act's (ACA) ( P.L. 111-148) individual mandate. The exemption is effective for taxable years beginning after December 31, 2018.
Religious Exemption
SUPPORT for Patients and Communities Act ( HR 6) amends Code Sec. 5000A(d)(2)(a) to expand the religious conscience exemption for the ACA individual mandate. Individual taxpayers who rely solely on a religious method of healing for whom the acceptance of medical health services would be inconsistent with their religious beliefs are exempt from the ACA mandate to maintain health insurance or pay a penalty.
Tax Reform
Additionally, last year's tax reform legislation essentially repeals the ACA's individual mandate. The Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97) repeals the ACA's shared responsibility payment for individuals failing to maintain minimum essential coverage effective January 1, 2019.
Congressional Republicans are looking to move forward with certain legislative tax efforts during Congress's lame-duck session. The House's top tax writer, who will hand the reins to Democrats next year, has reportedly outlined several tax measures that will be a priority when lawmakers return to Washington, D.C., during the week of November 12. However, President Donald Trump's recently touted 10-percent middle-income tax cut does not appear to be one of them.
Congressional Republicans are looking to move forward with certain legislative tax efforts during Congress's lame-duck session. The House's top tax writer, who will hand the reins to Democrats next year, has reportedly outlined several tax measures that will be a priority when lawmakers return to Washington, D.C., during the week of November 12. However, President Donald Trump's recently touted 10-percent middle-income tax cut does not appear to be one of them.
Democrats Take the House
Republicans will lose their one-party rule in Washington, D.C. in the 116th Congress beginning in January 2019. As a result of the November 6 midterm elections, Democrats will control the House during the next Congress, and Republicans will retain control of the Senate.
Currently, Rep. Kevin Brady, R-Tex., serves as chairman of the House's tax-writing Ways and Means Committee. Republicans' majority in both chambers of Congress enabled the GOP, in coordination with the Trump administration, to enact tax reform legislation last year. However, the Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97) reportedly did not turn out to be as popular as they had hoped. The TCJA's unpopularity is at least in part why Republicans lost vital seats in the House, according to several reports.
Before the turnover of power, however, Brady is reportedly gearing up to introduce a tax extenders measure during the lame-duck session, which would extend certain temporary or expired tax breaks. Generally, Democrats have been supportive of year-end tax extender legislation. At this time, the details of the tax-extender proposal remain unclear.
Additionally, Brady reportedly said on November 7 that a TCJA technical corrections bill with "minor changes" will move in the lame-duck session. Further, the Senate is expected to take up a House-approved retirement savings measure that is part of House Republicans' "Tax Reform 2.0" efforts.
Looking Forward
House Ways and Means Committee ranking member Richard Neal, D-Mass., is expected to chair the committee in the 116th Congress. Neal has a fairly moderate tax-legislative record, and is considered on Capitol Hill to be "business-friendly." To that end, Neal has recently sponsored several retirement savings measures, which would enhance employer workplace savings accounts. Additionally, infrastructure and tax-related health care initiatives are expected to be a priority among House Democrats.
GOP Retains Senate
Republicans will continue to lead the Senate in the 116th Congress. While the GOP Senate majority may not be enough to approve additional GOP tax legislation, it is likely to prevent Democrats from repealing parts of the TCJA. However, it is expected on Capitol Hill that hearings will be held in both chambers' tax writing committees to examine various provisions of the new tax law. Although a divided Congress can result in fewer tax bills being approved, successful legislation will likely be bipartisan.
The Senate Finance Committee's (SFC) top ranking Democrat has introduced a bill to restore a retirement savings program known as myRA that was terminated by Treasury last year. The myRA program was created by former President Obama through an Executive Order.
The Senate Finance Committee's (SFC) top ranking Democrat has introduced a bill to restore a retirement savings program known as myRA that was terminated by Treasury last year. The myRA program was created by former President Obama through an Executive Order.
Retirement Savings
"Cost-of-living is soaring with working families having less and less to save for their futures," SFC ranking member Ron Wyden, D-Ore., said in a November 15 tweet. "Today, I'm introducing a bill to address this retirement crisis."
The Encouraging Americans to Save Bill is co-sponsored by Sens. Ben Cardin, D-Md., Bob Casey, D-Pa., Amy Klobuchar, D-Minn., and Michael Bennet, D-Colo. An earlier version of the bill, Sen. 2492, was introduced by Wyden in the 114th Congress that also aimed to expand the myRA program.
"The Encouraging Americans to Save [Bill] enhances retirement savings incentives by restructuring the existing, nonrefundable saver's credit into a refundable, government matching contribution of up to $500 a year for middle-class workers who save through 401(k) type plans or IRAs, "Wyden's November 15 press release noted. Additionally, the bill would restore the myRA program, which Treasury determined last year was too costly to continue.
myRA Program
The Obama-era myRA program was designed as a government-sponsored retirement savings program available to individuals without access to employer-sponsored retirement plans. Although the program was determined to have very little demand to warrant its high operating costs, Democrats attributed the low sign-up to the program still being in its infancy. However, Republicans criticized the program as an "executive overreach" that could not become successful based on its investments in little interest yielding Treasury bonds and posed certain risks to taxpayers and employees.
House Ways and Means Committee ranking member Richard Neal, D-Mass., along with Wyden, sent a letter last year to Treasury Secretary Steven Mnuchin urging Treasury to continue the myRA program. Neal is expected to become chairman of the House's tax writing committee this coming January in the 116th Congress.
However, considering the Trump administration ended the program, it is seen as unlikely on Capitol Hill that Trump would support legislation to restore it. Moreover, Republicans will retain their majority-hold of the Senate in the next Congress, thus further limiting its chances of success.
A new, 10 percent middle-income tax cut is conditionally expected to be advanced in 2019, according to the House's top tax writer. This timeline, although largely already expected on Capitol Hill, departs sharply from President Donald Trump's original prediction that the measure would surface by November.
A new, 10 percent middle-income tax cut is conditionally expected to be advanced in 2019, according to the House's top tax writer. This timeline, although largely already expected on Capitol Hill, departs sharply from President Donald Trump's original prediction that the measure would surface by November.
Middle-Income Tax Cut
President Donald Trump announced on October 22 that a new 10 percent tax cut would soon be unveiled that will focus specifically on middle-income taxpayers. "President Trump is determined to provide further tax relief for middle-class families," House Ways and Means Committee Chairman Kevin Brady, R-Tex., said in an October 23 statement. "We will continue to work with the White House and Treasury over the coming weeks to develop an additional 10 percent tax cut focused specifically on middle-class families and workers, to be advanced as Republicans retain the House and Senate," Brady added.
Comment. Notably, Brady is essentially highlighting in his statement that any such additional tax cut measure would require a Republican majority for congressional approval. As November midterm elections near, there is "talk" on Capitol Hill that Republicans may lose control of the House.
The additional 10 percent tax cut for middle-income taxpayers would aim to build upon the individual tax cuts enacted last December under the Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97). To that end, the House passed a "Tax Reform 2.0"package last month, which would make permanent the TCJA's individual and small business tax credits. The TCJA's individual tax cut provisions were enacted temporarily through 2025 in accordance with certain Senate budget rules. Although the TCJA did not receive one Democratic vote, the Tax Reform 2.0 package did clear the House with some bipartisan support.
New Congress, New Tax Cut
"We expect to advance this in the new session of Congress if Republicans maintain control of the House and Senate," Brady, said of the tax cut in an October 26 televised interview. However, President Trump said a couple of days before that a " resolution" would be introduced for the tax cut by the week of October 29.
Democratic lawmakers have been criticizing Trump's announcement as nothing more than politically-driven rhetoric ahead of the November 6 midterm elections. Several top congressional Democrats have voiced intent to repeal, at least in part, the TCJA enacted last December. While Republicans, on the other hand, want to continue building upon the TCJA's tax cuts.
"What President Trump is looking at is a 10 percent cut focused on middle-class workers and families…he still believes middle-class families are the ones always in the squeeze," Brady said on October 26. "We've been working with the White House and the Treasury on some ideas about how best to do it," he added.
Net Neutral
Trump has predicted that the tax cut will be net neutral. A chief complaint of last year's tax reform among Democrats is the TCJA estimated $1.4 trillion price tag over a 10-year budget window.
"If you speak to Brady and a group of people, we're putting in a tax reduction of 10 percent, which I think will be a net neutral because we're doing other things, which I don't have to explain now," Trump said. A spokesperson for Brady has reportedly said that cost measures for the tax cut will be addressed once the proposal has been scored.
Looking Ahead
At this time, it is considered likely on Capitol Hill that Republicans will retain control of the Senate, but several predictions continue to float that the GOP will lose its House majority. Republicans would likely need to retain control of both chambers for any chance of approving further individual tax cuts or making permanent those enacted under the TCJA.
Although, the House approved its "Tax Reform 2.0" package last month, which includes measures to make permanent the TCJA's individual tax cuts and enhance various savings accounts and business innovation, the Senate has showed little interest in taking up the package as a whole before the end of the year. However, consideration of the retirement and savings measure in the lame-duck session remains a possibility.
IRS Commissioner Charles Rettig gave his first speech since being confirmed as the 49th chief of the Service at the American Institute of CPAs (AICPA) November 13 National Tax Conference in Washington, D.C. "You're going to see things [I do] and go, 'I can't believe he did that,'" Rettig said.
IRS Commissioner Charles Rettig gave his first speech since being confirmed as the 49th chief of the Service at the American Institute of CPAs (AICPA) November 13 National Tax Conference in Washington, D.C. "You're going to see things [I do] and go, 'I can't believe he did that,'" Rettig said.
Rettig, nominated by President Donald Trump last February and sworn in as IRS Commissioner on October 1, was a practicing tax attorney for over 30 years. "I'm not going to lose my tax edge," he told CPAs and other tax professionals.
Modernizing the IRS
Rettig, since being confirmed, has maintained that a top priority of the IRS is updating the Service's technology. "We must work on our IT modernization efforts," Rettig said in a previous statement.
Additionally, Rettig discussed the IRS's antiquated information technology (IT) systems and software at the AICPA event. "I can call Google…or All State and a recording…says, 'you are 14th in line, we can call you back, you won't lose your place in line," Rettig said. "We don't have those tools, we need those tools."
However, Rettig emphasized that the IRS's employees should have pride in their roles, and that many IRS challenges are a result of constrained financial resources. IRS employees are "people who care,"Rettig said. Further, Rettig said he wants the IRS to gain taxpayers' respect.
Additionally, in line with the IRS's increased efforts toward transparency, Rettig said that employee training materials for last year's tax reform will soon be posted to the IRS's website. The Tax Cuts and Jobs Act (TCJA) (P.L. 115-97) was enacted last December. Rettig is tasked with overseeing the new tax law's implementation.
Tax Reform
A copy of Rettig's prepared remarks for the AICPA event was provided to Wolters Kluwer by the IRS on November 14. Notably, an IRS spokesperson told Wolters Kluwer that Rettig "did not stick to the script." In an informal outline of areas on which Rettig intends to focus, "the top of the list is continuing to implement the Tax Cuts and Jobs Act, which contains the most sweeping tax changes in 30 years,"Rettig stated in the prepared remarks. "The IRS has already made great progress in this area, but more remains to be done."
IRS Guidance
The IRS is committed to helping taxpayers and tax professionals understand the new tax law changes, as well as file returns next year timely and accurately, Rettig noted. To that end, the IRS will continue to issue guidance this year related to tax reform, according to Rettig. "You can expect additional guidance in the next several weeks in a number of areas," he added, which include TCJA provisions related to the following:
- Opportunity Zones;
- the limitation on the business interest expense deduction; and
- the Base Erosion and Anti-Abuse Tax (BEAT).
Additionally, the IRS will continue to update taxpayer forms and instructions related to new tax law provisions, Rettig noted. "We're well on our way to having those completed in time for [the 2019] filing season."
The American Institute of Certified Public Accountants (AICPA) and the American Bar Association (ABA) Section of Taxation are urging the IRS to make extensive changes to proposed "transition tax" rules.
The American Institute of Certified Public Accountants (AICPA) and the American Bar Association (ABA) Section of Taxation are urging the IRS to make extensive changes to proposed "transition tax" rules.
Transition Tax
The Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97), enacted last December, revived and amended Code Sec. 965. The new Code Sec. 965 generally requires U.S. shareholders pay a mandatory one-time repatriation "transition" tax on untaxed foreign earnings of certain foreign corporations.
"The Tax Cuts and Jobs Act treats these foreign earnings as repatriated and places a 15.5 percent tax on cash or cash equivalents, and an 8 percent tax on the remaining earnings. Generally, the transition tax can be paid in installments over an eight-year period when a taxpayer files a timely election under section 965(h),"Treasury Secretary Steven Mnuchin said in a statement.
The IRS held an October 22 public hearing on NPRM REG-104226-18, which provides rules for implementing the transition tax created under last year's tax reform. IRS officials did not provide any feedback at the hearing.
AICPA Recommendations
In an October 31 comment letter to the IRS, the AICPA offered 15 recommendations to provide taxpayers further clarity and guidance on tax reform's transition tax requirements. The AICPA's recommendations include the following:
- Clarify that previously taxed earnings (PTI) under Code Sec. 965(b)(4)(A) are deemed included in Code Sec. 951 for purposes of applying Code Sec. 1248(d).
- Clarify that the portion of a Code Sec. 965 inclusion liability attributable to Code Sec. 956 is eligible for the appropriate reduced rate of tax as a consequence of the deduction provided for in Code Sec. 965(c).
- Provide taxpayers with additional flexibility when making the basis adjustment election under Proposed Reg. §1.965-2(f) by including the ability to make partial basis adjustments, elect adjustments on an entity-by-entity basis, and modify the proposed consistency provision on related persons.
- Provide guidance as to the ordering of distributions of PTI between Code Sec. 965(a) PTI and Code Sec. 965(b) PTI for purposes of applying Code Sec. 959(c) and Code Sec. 986(c).
- Provide relief to taxpayers that make or have made late elections under the proposed regulations and clarify the procedure for obtaining such relief.
- Provide that U.S. shareholders that are members of the same consolidated group are treated as a single U.S. shareholder for all purposes with respect to Code Sec. 965.
- Clarify that the PTI amount created under Code Sec. 965(b)(4)(A) is not taken into account under Code Sec. 864(e)(4)(D) for purposes of allocating and apportioning interest expense.
- Exercise the authority under Code Sec. 965(o) to provide relief from the income inclusion to certain affected taxpayers. Specifically, provide guidance excluding a foreign corporation that is considered a controlled foreign corporation (CFC) solely as a result of the "downward attribution" rules of Code Sec. 318(a)(3) from the definition of an specified foreign corporation (SFC) for any U.S. shareholder not considered a related party (within the meaning of Code Sec. 954(d)(3)) with respect to the domestic corporation to which ownership was attributed.
- Provide a carve-out for certain "triggering events" of an S corporation Code Sec. 965(i), such as where the S corporation and relevant shareholders maintain direct or indirect ownership of the transferred assets (e.g., tax-free transfers).
- Provide guidance on the interaction between a Code Sec. 962 election and a Code Sec. 965(i) election, including clarifying that an eligible taxpayer may make a Code Sec. 962 election for a Code Sec. 965 tax liability for which they intend to defer inclusion under Code Sec. 965(i).
ABA Recommendations
Likewise, the ABA made similar recommendations on the proposed regulations and related guidance in an October 29 letter sent to IRS Commissioner Charles Rettig. The ABA's 80-page letter grouped its principal recommendations into the three categories:
- the application of Code Sec. 965 to passthrough entities (other than S corporations) and individuals;
- the application of the netting of accumulated post-1986 deferred foreign income with deficits in other related entities; and
- issues in applying the foreign tax credit.
Last year's tax reform created a new Opportunity Zone program, which offers qualifying investors certain tax incentives aimed to spur investment in economically distressed areas. Treasury Secretary Steven Mnuchin has predicted that the Opportunity Zone program will create $100 billion in private capital that will be invested in designated opportunity zones.
Last year's tax reform created a new Opportunity Zone program, which offers qualifying investors certain tax incentives aimed to spur investment in economically distressed areas. Treasury Secretary Steven Mnuchin has predicted that the Opportunity Zone program will create $100 billion in private capital that will be invested in designated opportunity zones.
The IRS released the much anticipated proposed regulations for the Opportunity Zone program in October ( REG-115420-18). The proposed rules provide "clarity and some good news for taxpayers," Micheal Bernier, partner at Ernst & Young's National Tax practice, told Wolters Kluwer in an emailed statement.
Opportunity Zones
The Opportunity Zone program was created under the Tax Cuts and Jobs Act ( P.L. 115-97) enacted in December 2017. The TCJA added Code Secs. 1400Z-1 and 1400Z-2, which include procedural rules for designating opportunity zones and provisions allowing qualifying taxpayers to elect certain income tax benefits. Although not a single Democrat voted for the TCJA, the Opportunity Zone program was based on a bipartisan bill sponsored by Sens. Tim Scott, R-S.C., and Cory Booker, D-N.J. The program "creates tax incentives to help stimulate the flow of capital into communities that need opportunity the most," Cory Booker said in an October 29 tweet.
Generally, the proposed rules have been considered on Capitol Hill as leaning favorably toward taxpayers. However, stakeholders and practitioners are reporting that many questions remain. To that end, the Office of Information and Regulatory Affairs (OIRA), housed under the Office of Management and Budget (OMB), has announced that a second package of regulations is expected to be completed by the end of this year.
Qualified Opportunity Funds
The TCJA's Opportunity Zone program generally established the following investor tax benefits:
- a temporary tax deferral for capital gains realized on the sale of appreciated assets and reinvested within 180 days in a qualified opportunity fund (QOF);
- the elimination of up to 10 or 15 percent of the tax on the capital gain that is invested in the QOF and held between five and seven years; and
- the permanent exclusion of tax when exiting a qualified opportunity fund investment held for at least 10 years.
"Most importantly, taxpayers can use the fund as collateral. This was a surprise and is important," Bernier told Wolters Kluwer. "The type of investments made by Opportunity Funds do have some strings attached, which are designed to make sure the investments are creating economic activity in the Opportunity Zones, not just buying and holding existing assets," he added. "Under an Opportunity Zone structure, if you refinance the property and take cash out of the Opportunity Zone fund, that would be a disposition and would trigger the gain, thus reducing the amount of investment that is eligible for the 10-year deferral."
Real Estate Investors
Additionally, real estate investors stand to receive significant tax advantages through the Opportunity Zone program, according to Bernier. "As collateral, it is possible to borrow against the Opportunity Zone fund, a very important option for real estate investors," he said. "There are a few extra hurdles to using that strategy, but it's valuable in the real estate world and would be the rough equivalent of a cash-out refinancing."
Additionally, Bernier noted the generous latitude that Treasury and the IRS used in defining certain statutory terms. For example, "'substantially all' of owned or leased assets was defined as 70 percent [in the proposed regulations]; this could have been as high as 90 percent or more," Bernier said. Further, "the time allowance for working capital is set at 30 months to deal with cash. This helps in getting the development done," he added.
Too Flexible?
The proposed regulations for the Opportunity Zone program may be too flexible, according to an October article released by the liberal-leaning Urban-Brookings Tax Policy Center (TPC). "Neither the statute nor the guidance ensure that the investments will benefit low- and moderate-income residents of these communities,"the TPC article noted. "The investment flexibility makes it very difficult to evaluate the success of Opportunity Zones."
Additionally, TPC researchers noted the need for proper reporting under the Opportunity Zone program. "The next round of IRS regulations and tax forms is expected to detail those reporting requirements,"the TPC article said. "It will be vital that this disclosure provide the public with the answers to a series of basic questions: Who is investing in Opportunity Zones? How much is being invested? How is the money being used?"
Likewise, the conservative-leaning Tax Foundation noted in an October 23 article that the proposed regulations do nothing to ensure the program's success. "The benefits given to investors through opportunity funds are remarkably generous, and many of these regulations only increase and widen those benefits without regard to the results," the article said.
Further, stakeholders testifying before the Senate Small Business Committee in early October also emphasized the importance of establishing proper reporting metrics for the program.
Questions Remain
Although stakeholder feedback has been largely positive, stakeholders and practitioners have noted several areas where additional IRS guidance is needed. Particularly, uncertainties surrounding the application of the QOF penalty, tax treatment of the sale of a QOF asset, and clarity on the definition of qualified opportunity zone business property are reportedly among items circulating the tax community as needing further guidance.
After the IRS released the proposed regulations, Sen. Scott praised the guidance while also noting that it is incomplete. "The first set of rules released by the Treasury Department today reinforce that this will not be another bureaucratic process burdened by red tape, but rather a streamlined, efficient process that allows for investments to truly help communities in need," Scott said.
Additionally, Bernier told Wolters Kluwer that future regulations are needed to "fill in gaps." The next package of proposed regulations are "anticipated in November and December, "he added.
To that end, the House's top tax writer has urged stakeholders in a recent statement to provide feedback on the proposed regulations. Moreover, those comments should include "identifying any areas where additional technical guidance would be valuable in providing certainty to potential investors and project managers," House Ways and Means Committee Chairman Kevin Brady, R-Tex., said.
The IRS is expected to soon release proposed regulations for tax reform's new business interest limitation. "They are so broad that nearly every domestic taxpayer will be impacted," Daniel G. Strickland, an associate at Eversheds Sutherland, told Wolters Kluwer.
The IRS is expected to soon release proposed regulations for tax reform's new business interest limitation. "They are so broad that nearly every domestic taxpayer will be impacted," Daniel G. Strickland, an associate at Eversheds Sutherland, told Wolters Kluwer.
The first set of proposed regulations for the Code Sec. 163(j) business interest limitation is expected to focus primarily on corporations. A second package of proposed regulations, expected sometime in December, will reportedly address the business interest limitation's treatment of partnerships and S corporations.
The Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97), enacted last December, amended Code Sec. 163(j) to include a broader limitation on the business interest expense deduction. Before last year's tax reform, the former Code Sec. 163(j) "earnings stripping" rules were applied much more narrowly to a specific type of debt-to-equity ratio held by corporations. Now, the amended Code Sec. 163(j)limitation encompasses all debt, regardless of entity or individual. The new business interest limitation was intended by Republicans, at least in part, to serve as a revenue raiser to help offset tax reform's significant corporate tax rate reduction from 35 to 21 percent.
OMB Review
Currently, the proposed regulations for the Code Sec. 163(j) business interest limitation are under review at the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA). OIRA received the proposed regulations from Treasury and the IRS on October 25, according to OIRA's website.
It is expected on Capitol Hill that a 10-day expedited review process that is available for tax reform-related regulations was requested.
Business Interest Limitation
Under the amended Code Sec. 163(j), a taxpayer's annual business interest expense for the tax year, effective for tax years after December 31, 2017, is limited to the following three factors:
- business interest income;
- 30 percent of adjustable taxable income (ATI); and
- floor plan financing interest.
Under the TCJA, business interest excludes "investment interest" as defined in Code Sec. 163(d). Additionally, the calculation requirements for "adjusted taxable income" are set to change in 2022.
Practitioner Insight
"In terms of statutory language, phrases like 'properly allocable' jump off the page,"Strickland told Wolters Kluwer. Under the TCJA, "business interest" is defined as any interest paid or accrued on indebtedness that is properly allocable to a trade or business. It remains to be seen how the IRS will identify what is "properly allocable,"according to Strickland.
"Since propriety differs between taxpayers and the government, it will be interesting to see how the regulations handle it," Strickland said. "Will we get a two-pronged objective and subjective test or will there be a bright line rule?" he posited.
Additionally, Strickland said that tax practitioners expect allocation rules will be included, but noted that it remains unclear what form the rules will take. Whether there will be separate rules for different types of entities and how the IRS will treat allocation between exempt and non-exempt entities and within consolidated groups are all interesting yet unsettled components, according to Strickland.
Further, Strickland predicted that the forthcoming regulations will clarify how Code Sec. 951A's global intangible low-taxed income (GILTI) provision will interact with Code Sec. 163(j). "In the same vein, I expect that we will see how 163(j) plays with 168(k) and 267A, among other sections," he added. "As we get each new piece of the puzzle, the whole picture comes into focus."


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Vent Boot Hanger, 90 Degree, 4 x 10, Dia 6
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Linked by Thom Holwerda on Mon 29th Oct 2007 20:27 UTC
"While the Apple hype machine and its fanatical followers would have you believe that Mac OS X 10.5 'Leopard' is a major upgrade to the company's venerable operating system, nothing could be further from the truth. Instead, Leopard is yet another evolutionary upgrade in a long line of evolutionary OS X upgrades, all of which date back to the original OS X release in 2001. But let me get one huge misunderstanding out of the way immediately: That's not a dig at Leopard at all. Indeed, if anything, Apple is in an enviable position: OS X is so solid, so secure, and so functionally excellent that it must be getting difficult figuring out how to massage another USD 129 out even the most ardent fans. Folks, Leopard is good stuff. But then that's been true of Mac OS X for quite a while now." Additionally, Apple acknowledges installation problems caused by Unsanity's APE, while others are complaining about problems with Java, or visual oddities. Additionally, there are hacks that restore the black dock triangles, opacify the menubar, and to enable Time Machine on Airport disks. Update: It appears the Leopard firewall has a dent in its armour.
Thread beginning with comment 281791
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Regardless of how you might feel about the game, the launch of Halo 4 will go down in history as a magnificent, unprecedented display of wanton spectacle channelled entirely toward convincing every gamer on the planet that they absolutely must buy the game as soon as humanly possible. To wit: Microsoft effectively rented a country for a day purely so a group of Halo fans and international media could stomp through its historical architecture while pretending to solve riddles that vaguely tie in to Halo lore.
Obviously if Microsoft was willing to go to such great lengths to ensure that we purchase Halo 4, the firm must have some interest in keeping us playing as long as possible, no? Of course it does, and it's also got a keen promotional stunt lined up to make sure that we all spend our every waking moment shooting aliens.
A new addition to the Xbox Live Rewards program, the newly revealed "Halo 4 Combat Tour" builds on the idea of rewarding Xbox Live gamers with free Microsoft points, but instead of subjecting users to endless surveys the Combat Tour hands out bonus points merely for playing Halo 4. Points earned in any of these Xbox Live Rewards programs can be used to purchase items on the Xbox Live Marketplace, and should not be mistaken for Achievement points. Those are an entirely separate thing, and have no real monetary value.
Anyway, according to the official Halo 4 Combat Tour page, points are being handed out both for how much time you spend within Halo 4, and how much of your real-world cash you spend on items for the game (read: downloadable content additions, premium themes, etc). Spend 35 hours or more playing Halo 4's multiplayer modes and you'll pick up an extra 100 points. 70-plus hours will net you 300 points, and those who play for more than 140 hours will earn 600 points. Likewise, those who spend 1500 Microsoft points in the Xbox Live Marketplace on Halo 4 content will earn 100 free points, and those who spend over 3000 points will see a 200 point return. All told, there's a massive 800 Microsoft points on offer here.
For the record, that "massive" was sarcastic. 800 points seems like a large number out of context, but if you do the math it only works out to about $10. "Oh, well, I'd still like a free $10," you think, before realizing that to earn that money, you would have to spend at least $37.50 on downloadable Halo 4 content, and have spent over 140 hours in the game's online multiplayer modes by themselves. Any time you spend playing the single-player campaign is completely ignored. Even if we discount that aforementioned cash outlay, players who take advantage of this scheme are only earning about seven cents an hour — which, again, can only be spent on the Xbox Live Marketplace.
So maybe it's not exactly a foolproof get rich quick scheme, but for those of you who will inevitably rack up 140-plus hours in Halo 4's multiplayer and are quite likely to buy all of the game's DLC, it does seem like a nice sign of gratitude from Microsoft in the form of a useful, thematically appropriate rebate. You'd be a fool to turn that down, so if you for some baffling reason aren't already enrolled in the Xbox Live Reward service, click through to the sign up page and make sure you're getting all the free Microsoft points you've got coming.


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'Glee' Cast Gets Teary in 'Goodbye' Preview
'Glee' is getting ready to wrap its third season with its 'Goodbye' episode, and with graduation on the horizon, it looks like there will be plenty of tears shed in the halls of William McKinley High.
With Nationals behind them, New Directions are faced with another obstacle — saying goodbye to their friends. A new preview for the episode shows Rachel, Sue, Quinn and more welling up as they bid farewell to their high school years.
Sue and Quinn share an emotional hug before the former Cheerio locks lips with Puck one last time. Kurt and Blaine make a commitment to each other, and Rachel sobs as she shares a heartbreaking moment with Finn. There are as many kisses as there are tears!
Of course, the show can't go out without a bang. Gloria Estefan will guest star as Santana's mother, while the episode set list will include Beyonce's 'I Was Here,' Madonna's 'I'll Remember,' Bruce Springsteen's 'Glory Days' and Green Day's 'Good Riddance (Time of Your Life),'
Gleeks are going to want to set their DVRs for this one! The season 3 finale of 'Glee' will air on Tuesday, May 22 at 9PM EST.
Watch the 'Glee' Preview for 'Goodbye' Episode


text: I took my LO (he is 1 month old) to the doctor yesterday because I noticed he was wheezing and making gurgling noises after he ate. Also, it would sound like he was congested but I would suction his nose and nothing would come out. My ped has been very supportive of breast feeding and asked how much he had been eating. On the few occasions I have had to give him a bottle of breast milk he takes about 4 ounces and when I nurse he eats 15 to 20 minutes per side. The ped said his reflux is most likely caused by over eating and that his stomach can't hold the amount that he's eating so it comes back up as reflux. He then weighed him and my LO gained three and a half pounds in three ad a half weeks...he said he wasn't concerned about how much he weighed, just how fast he gained the weight. He said that seemed to confirm that he was probably over eating. I have been nursing on demand, but I think he was doing a lot of comfort nursing because I have been trying to give him a pacifier when he is fussy and seems hungry but has just eaten and he seems perfectly content with it. I haven't had any problems with nipple confusion so it doesn't bother me to give him a pacifier. The ped recommended cutting his nursing back just a little, maybe lessening it a minute per side very three or four days and then we will see how he's doing when he goes back in a month. Also to put a pillow or rolled up blanket under his mattess to raise his head up slightly. I was just wondering if anyone else has had problems with reflux due to over eating.


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Check the plug-in terminator on the back of the autoloader.
There are two SCSI connectors on the back of the unit. One should have the cable attached and the other connector should have a SCSI terminator attached.
The Drive Must Be Terminated.
On a PowerVault 120T DLT1 Autoloader, the drive must be terminated in order for the unit to complete POST. If the drive is not properly terminated, the LCD displays the error message LDR INIT and the alarm sounds with a solid beep.
The PowerVault 120T Autoloader DLT1 is an LVD SCSI device. SCSI devices require termination on each end of the SCSI bus. The termination for this device is in the form of a plug-in terminator on the PowerVault 120T.
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February 5, 2001
For the past several years, there has been hope that effective HIV treatment might one day result in the eventual eradication of HIV from the body. However, recent data from this group and supportive work from other studies have shown how daunting, if not impossible, is this task. The key barrier was summarized in this talk that updated us about the reservoir of HIV in the body.
For the past few years it has been understood that HIV lives in several types of cells. Some cells die quickly once HIV starts replicating in them -- this is mainly seen in the CD4 lymphocytes. However, HIV also integrates itself into one of the longest-lived cells in the body -- the resting memory T cell. These cells are designed to live as long as we do (about 73 years) -- as they are the part of the immune system responsible for protecting us for life from all infections we have seen at any point during our lives. These cells go into a resting state after infection by HIV -- and it appears unlikely at best to identify these cells after infection since they show no evidence of HIV infection hiding inside the genes of the cell. Thus, in addition to being long lived, they are also difficult, if not impossible, to target for selective destruction. Of note, there are about one million such cells in the body -- giving rise to a somewhat simplistic notion that we are about one million cells away from defining a route to a cure for HIV infection.
There has been a lot of research focused on defining the time of the natural "decay" of these cells in people on antivirals with consistent viral loads of less than 50 copies -- and in several studies, there is very little if any loss of these cells over time. One reason for this is that if the cell actually does die, it divides and its "daughter" cells will also contain HIV.
However, there was one important and hopeful note in this talk. In studies of these cells -- in people who are doing well, with consistent viral loads on meds below 50 copies, there is no evidence of the evolution of resistance to antivirals in these cells. The reservoir does reflect most, if not all, of the HIV strains that have ever been in the body -- so if someone has had degrees of medication resistance at some point, it is possible and perhaps likely that these resistant strains are "stored" in this cell population. (This gives pause to the potential for "recycling" antivirals after resistance has occurred at any point, as it is predicted that resistant strains will eventually reemerge from this compartment.)
However, for those who have no resistance to medications and are staying below 50 copies, this research shows no evidence of resistant strains hiding in these cells either. This implies that for those doing the best on meds, resistance may be indefinitely prevented as long as viral suppression is maintained. This is true even for those on a medication such as lamivudine to which resistance can occur relatively quickly. Thus, whenever antivirals are initiated, it is at least theoretically possible that they may remain active for as long as needed. Since HIV infection does appear to be a lifelong struggle, it appears it will be necessary to do whatever is possible to maintain the potency from medications.
|Please note: Knowledge about HIV changes rapidly. Note the date of this summary's publication, and before treating patients or employing any therapies described in these materials, verify all information independently. If you are a patient, please consult a doctor or other medical professional before acting on any of the information presented in this summary. For a complete listing of our most recent conference coverage, click here.
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ValDATE on Family Tree Circles
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"52 WEEKS". My greatest genealogy accomplishment is the writing and distributing of a family biography. My Dad died in 1986 at the age of 84, and my Mum in 1955 at the age of 51. Dad's death got me thinking about my lack of knowledge regarding my roots
My friend and I have never met but I can't thank her (and people like her) for the assistance she's given me over the years. I've been researching for 26 years and pride myself on my ingenuity and ability to "suss out" the truth and find who I am looking for. And it's ONLY after I've exhausted all the resources at my disposal (or so I think at the time) do I call on her for help. And she very rarely fails me, sending me pages of information which leaves me with my hand clapped to my head in frustration and amazement at her ability to find things so quickly in places where I THOUGHT I'd checked before contacting her! Time and time again she does this for me, sometimes even apologising for not finding enough! To her and all the other wonderful genies out there in cyberspace who continue to help people, I say an enormous big THANKYOU. She even came to my assistance when her husband was fighting bushfires, how she could concentrate on anything else but his safety just left me speechless. And sometimes I haven't appealed to her directly, but she sees my plea for help no matter where I've posted it, and I just sigh and say to myself, trust Gaylene to drop everything to help.
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We invite you to become informed about your District's schools, talented students and outstanding educators. Our goal is for Beaufort County's schools to continue their dramatic improvements on the way to becoming one of America's best school systems. This page is your source for information, news and announcements about what's happening inside our schools.
Some of the most frequently requested information can be found by clicking on the Public Information link in the menu to the left. Keep informed by signing up for "Views & News"the BCSD's monthly newsletter. You'll find news, stories, videos and links to our social media sites.
The Office of Communications staff is always ready to you with any communications-related issue. Please contact:
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JOHNSON CITY, Tenn. (May 21, 2008) - The ETSU baseball team had two players named to the Atlantic Sun All-Conference Teams, announced on Tuesday by the conference office.
"This is a wonderful honor for Anthony and Paul," said head coach Tony Skole. "They were literally our cornerstones this year and both of them had tremendous seasons. I couldn't be more proud of them."
Senior Anthony Russell (
"Anthony Russell was simply amazing this season," said Skole. "Over the last four years, to watch him mature and develop into the outstanding young man and player he has become has been very gratifying for our coaching staff. His 21 homeruns puts him in a very select group of hitters in college baseball. It was fun to watch him hit and he definitely deserves this wonderful honor."
Paul Hoilman (
"Paul was simply amazing this year as well," Skole said. "Once he got his opportunity, he pounced on it and never looked back. His development and maturity for a freshman are the best I have ever seen in my entire coaching career. He is a special player that doesn't come around very often. It is also worth mentioning that he is one of the top students on the entire ETSU campus. Our coaching staff is very proud of Paul and he deserves every honor which comes his way."
Hoilman's All-Freshman selection is the second straight for coach Skole with catcher Danny Petro (Atlanta, Ga.) being selected last season to the A-sun All-Freshman Team.
Please visit www.ETSUBucs.com for more information on ETSU baseball and all other Buccaneer athletic news.


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MILAN — For Meredith Kercher's family, the Italian court reasoning this week goes a long way to vindicating the account they have long and unwaveringly believed — that their 21-year-old daughter was murdered by American roommate Amanda Knox, her boyfriend at the time and a drifter.
The family has maintained a reserved and dignified demeanor through multiple trials and flip-flop murder verdicts against Knox and Italian ex-boyfriend Raffele Sollecito. Family members have only discussed the case in the public eye only on rare occasions and they so far have not commented on the voluminous reasoning, released Tuesday, behind an Italian court's decision to reinstate the guilty verdicts against Knox and Sollecito.
In the 337-page document, the judge who presided over the second appeals trial in Florence said three aggressors acted in concert, but with different motivations:
Knox delivered the fatal blow out of a desire "to overpower and humiliate" her British roommate, with whom she had differed over housekeeping and the frequency of male visitors to the shared apartment. Sollecito, Knox's boyfriend of just a week, backed his new lover. And the third aggressor, who was tried and convicted separately, sought to act on his sexual attraction to Kercher.
"Let's say in general, it is a version that we have always in some ways sustained," Kercher family lawyer Francesco Maresca said Wednesday. "We have always maintained there were mixed motives."
One key point, according to Maresca, is that the new verdict relies heavily on the reasoning behind the long-confirmed guilty verdict against Rudy Hermann Guede, serving as a sort of thread to the latest conviction. He is serving a 16-year sentence.
Guede acknowledged having been in the apartment on Nov. 1, 2007, the night Kercher died, but said he didn't kill her. Both Knox, 26, and Sollecito, 30, deny any involvement in the murder, saying they spent the evening at Sollecito's getting high, making love and watching a movie.
A key element of the Guede verdict was that it held he didn't act alone. The reasoning by the Florence appeal court cited the nature of Kercher's wounds: the physical evidence that indicates two knives, not just the kitchen knife seized from Sollecito's draw but another smaller knife never identified; finger imprints indicating she had been restrained; and the lack of any defensive wounds.
Some of the most graphic conclusions — that Knox delivered the fatal blow, that two knives were used, even though only one was identified — also were part of the first trial court's reasoning. But this time the judge wrote that the aggression didn't grow out of a consensual erotic game gone awry, as prosecutors in the first trial contended, because it was out of Kercher's character.
"The image that we gather from the testimony is that of a very 'serious' girl, nearly 'puritanical,'" Alessandro Nencini, the judge who presided over the Florence appeals trial, wrote.
Nencini also said despite Knox's attempts to downplay any tensions in the house, there was ample testimony to show there were ongoing disputes and that Kercher "harbored reservations about Knox's behavior."
The night of the murder, Nencini said Knox let Guede into the apartment, someone whom Kercher didn't know that well and who went on to defecate in a toilet without flushing, "behavior that was likely to annoy Meredith Kercher more than a little." The British student also was probably aware of the disappearance of 300 euros (over $400), Nencini wrote, which Guede testified she blamed on Knox.
"The two circumstances could have constituted effectively a valid motive for Meredith Kercher, who had no sympathy for the defendant, to ask for explanations in a very pressing manner," the document said.
Maresca hadn't yet discussed the contents of the court's reasoning Wednesday afternoon with Kercher's family, and he didn't expect they would issue a statement. In a news conference after January's reinstated guilty verdicts, Kercher's sister Stephanie said, "We hope we are near to the truth, to an end, so that we can start to remember Meredith for who she was."
Family members have appeared only rarely at the three trials, showing up to testify in the first trial and then for all three verdicts. Kercher's mother, Arline, fought back tears when she told the court, "I still look for her." And her father, John, said Meredith would have defended herself if she could have: "She could put out quite a fight." The parents' health has been poor and neither traveled to Italy for the January verdict.
The Florence appellate court that reinstated the first trial guilty verdicts in January handed Knox a 28 ½ year sentence, including the additional conviction on a slander charge for wrongly accusing a Congolese bar owner. She remains in the U.S. since her 2011 acquittal and has vowed to never return willingly to Italy to face her judicial fate.
Sollecito, who faces 25 years, won't be taken into custody until the guilty verdict is confirmed by Italy's highest court, which hears the final appeal.
Kercher's siblings have established a fund aimed at ensuring that those responsible for Meredith's death "are brought to justice" to pay legal fees for their team of lawyers who have assisted the prosecution as civil plaintiffs. And her father, John Kercher, wrote a book about his daughter, a memorial to his loss and that didn't garner anywhere near the attention of Knox's book, in a deal reportedly worth $4 million, or even Sollecito's published account.
"It has seemed as if Meredith has been all but forgotten," John Kercher wrote in a 2012 column for the Daily Mail on the book's publication. "In writing this book, I hope to go some way toward redressing the balance, for Meredith was a beautiful, intelligent and caring girl whom everyone loved, and her story deserves to be told."
Shawn Pogatchnik in Dublin contributed to this report.


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HPD Latest News
Zipper Lane
Ask HPD: Zipper Lane
Is there something you've always wanted to ask The Honolulu Police Department? Did you need specification on a law; had a general question or a community issue? Well here's your chance.
Today's topic is about the zipper lane.
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DetailsMade in the USA, the Culligan IC-MB / IC-100 water filtration system mounting bracket is a genuine OE part built for use with stand-alone Culligan inline refrigerator water filters. Package includes mounting bracket, mounting screw and installation instructions. Order today.
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The CULLIGAN-IC-MB is comparable with the following part numbers
Culligan IC-MB
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10033663005294 033663005297
Package Qty 1 Used In Brands Culligan Manufacturer's Id IC-MB MSDS Document N/A UPC 033663005297 Actual Size (in) 2 inches (length) x 2 1/4 inches (outside diameter) Actual Size (cm) 5.08 x 5.715 Includes Mounting bracket, Mounting screw, Installation instructions Primary Filter Media N/A


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Long before he reached U.S. Men's National Team and Roma fame, Michael Bradley was just a kid running around Fire training watching the likes of Piotr Nowak, Hristo Stoichkov and Ante Razov kick around.
On Friday night, MLS Insider told the story of Michael's young years around the teams his father managed before becoming a professional at age 16 with the MetroStars.
Watch the segment below and catch the full edition of MLS Insider Episode 5 by clicking here.


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Standing as one as time passes
"No man is an island."
What was true nearly 400 years ago when English poet John Donne scratched pen across paper is true today.
"Each man's death diminishes me, For I am involved in mankind."
Now, in the second week after the murders in Newtown, it is perhaps easier than ever to understand what the poet's famous words mean. It is a rule of the universe that, no matter what happens, for the living, life goes on. But that life is happening in a different place now. Everything might look the same. But it is different. We have been diminished.
For those with direct connection to one of the victims of the murderer's guns, the fact of that diminishment is acute and inescapable, and will remain so for a long time to come.
For the rest, it is only natural that daily attention eventually turns to other things. The funerals, so many in such a short time, are over. With them the visual signs of the trauma in the small town will recede, as the news vans, hordes of reporters and support police fade away.
But even as the world begins to spin again, we all from time to time will be brought up short. When we pass a school building, or spy our own child's face, asleep and angelic in the rearview mirror, or see some actor spray bullets across a movie screen.
In those instances we will remember, and we will feel what we felt in the moment when the words "gunman" and "children" came together in our brains in a way they had not before. Not with the same intensity, perhaps, but we will feel it. Because we have been diminished.
It is at those times, it is at all times if we can, that it will be important to remember what else happened in Sandy Hook Elementary School a week ago Friday.
Another poet, this one American, much more recently wrote these words, about the responders who died rushing into the Twin Towers to save others' lives: "May your strength give us strength/May your faith give us faith/May your hope give us hope/May your love give us love."
Today we say them to the teachers and administrators who put themselves between the barrel of a killer's gun and the children in their care. Because of them there are many children still with us, still with their families, children who will open presents Tuesday morning, whose names we blessedly do not know, as we know those of the 20 6- and 7-year-olds who died at the school.
"Send not to know For whom the bell tolls," John Donne wrote. "It tolls for thee."
It always has, it always will. The question for us all is what will we do with the time we have until the day comes, as it will for each of us, when we can no longer hear the ring.
Lord willing, our capacity for heroism will never be tested like that of the teachers and administrators at Sandy Hook Elementary School. So let's instead stretch our capacity to love as they did.
In the weeks and months ahead, it will become much easier to remember the shooter's actions than theirs. That perhaps is human nature. And we must remember what he did. The apparent movement, finally, to do something about the massacres that have become a way of life cannot be allowed to dissolve as our attention fragments.
But we owe it to ourselves also to not forget what those heroic adults did. We owe it to ourselves and we owe it to each other. Because none of us is an island.


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The content of these pages is developed and maintained by, and is the sole responsibility of, the individual senator's office and may not reflect the views of the Nebraska Legislature. Questions and comments about the content should be directed to the senator's office at firstname.lastname@example.com
Two weeks of public hearings have been completed. All 655 bills that were introduced will be scheduled for a public hearing by March 21. This past week, senators began meeting as a body in the mornings to discuss the legislation that has already advanced from the various committees. The first few days were spent giving first round approval to primarily noncontroversial bills, including two bills that I introduced. The first bill that encountered some extended debate was LB 125, which proposes to reduce the Omaha School Board from 12 to 9 members.
Every senator spends their afternoons in the various committees to which they are assigned. On Monday and Tuesday, I sit on the Transportation and Telecommunications Committee and on Wednesday, Thursday and Friday, on the Health and Human Services Committee.
Last week, HHS Committee members listened to lengthy testimony on both sides of LB 132, the Skin Cancer Prevention Act. This legislation proposes to ban those under 18 years of age from using tanning equipment at a tanning facility. Any operator of a tanning facility who allows a person under the age of 18 to use tanning equipment would be guilty of a Class V misdemeanor. For several days this past week, I received at least 50 e-mails a day in support of this bill.
Proponents of LB 132 quoted from a National Cancer Institute report that showed the number of melanoma cases for young women between the ages of 15 and 39 increased as much as 50% from 1980 to 2004. It is believed that the spike in malignant melanoma in young women is due in part to their rising use as adolescents of commercial indoor tanning facilities. Ultraviolet radiation is categorized by the World Health Organization, FDA, and the U.S. Department of Health and Human Services in the highest risk category, calling the practice "carcinogenic to humans", a distinction shared with asbestos and arsenic. The American Medical Association recommends that no one under the age of 18 expose their skin to artificially generated ultraviolet radiation. Supporters reminded committee members that tobacco use, which is also associated with cancer, is illegal for persons under 18 years of age.
If LB 132 were to pass, opponents pointed out that the law would be the most extreme law in the country regulating indoor tanning. Currently only two states ban indoor tanning for persons under 18 and the penalties are less severe in those two states than under LB 132. Opponents countered that no experimental data exists to show a causative connection between indoor tanning and melanoma. They feel that it is more of a competitive issue with dermatologists than a public health issue. Opponents responded that young people would instead tan more aggressively outdoors or use home tanning devices with no supervision if the ban were in place. They also questioned whether the government should get involved in such issues.
This past week, a public hearing was held on LB 216 by the HHS Committee. The purpose of this legislation is to support former state wards in transitioning to adulthood. Testifiers related their personal experiences of trying to make it on their own without adult support or guidance. Under the bill, a program would be created for young adults in foster care when they reach the age of 19 to provide for extended support services, such as medical care, housing support and case management services, until they reach 21 years of age. To qualify for the program, young adults would have to be attending school or be employed. It is estimated that the program could cost more than $3 million per year, although beginning in 2014, Medicaid expenses of former foster care children up to 26 years of age will be covered under the federal health care reform law.
Although the public hearing has been held on both of these bills, the HHS Committee has taken no action on either of them at this time. I predict that there will be more work done on both issues, prior to committee members discussing their advancement.
Again, I encourage you to contact me with your thoughts and opinions on the issues before the Legislature. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My e-mail address is email@example.com and my telephone number is (402) 471-2733.


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Ive been looking on the forums for a long time and decided to actually make an account so, hello.
All im really looking for is others to game with, I am returning to the MMO scene after working non stop and due to that alot of my gaming buddies kind of left :/
I really dont have a MMO that I am playing right now, but I was looking into Lord of The Rings online just because I am a HUGE LOTRO fan. But any game that just is highly interactive and group oriented i would love. I have a post already in the free mmorpg request section so if you could reply here: http://www.onrpg.com/boards/threads/...-Back-To-MMO-s that would be great!
But yeah if anyone else is looking for a gaming buddy i would be more than willing to do so. I get bored playing alone would like to have someone or a group of people as addicted and dedicated as I am to MMORPG's


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I've recently been working on a big cross-platform mobile project targeting Wp7, Android and iPhone. As an inspiration for this we started using the MonoCross platform (http://code.google.com/p/monocross/) although we quickly discovered that MVVM rather than MVC was the way we wanted to go, especially as we were working WP7-first.
To enable this project, we've built our own MVVM framework - MvvmCross - available under a MS-PL license on GitHub at https://github.com/slodge/MvvmCross
Explaining the framework is going to take a little time... and so will have to wait for a longer series of posts. However, as a quick introduction, the Customer Management sample currently builds and runs across the three major platforms - https://github.com/slodge/MvvmCross/tree/master/Sample%20-%20CustomerManagement
This sample has:
- a shared ViewModel and Model project - https://github.com/slodge/MvvmCross/tree/master/Sample%20-%20CustomerManagement/CustomerManagement/CustomerManagement - this allows us to use the exact same C# logic across all 3 platforms, with our Dependency Injection framework providing platform specific implementations and optimisations where absolutely necessary.
- separate UI projects for each of the WP7, Touch and Droid projects - so that each UI can take advantage of platform-specific UI look and feel, user controls, etc.
As a detailed example, consider the details view for a Customer.
- In the shared project, this ViewModel is just a set of INotifyPropertyChanged properties and some IMvxCommand properties - see: https://github.com/slodge/MvvmCross/blob/master/Sample%20-%20CustomerManagement/CustomerManagement/CustomerManagement/ViewModels/DetailsCustomerViewModel.cs
- In the WP7 UI, the ViewModel is represented purely in XAML - e.g. in DataBinding statements like:
[TextBlock Text="{Binding Customer.Name}"/]
- In the Android UI, the ViewModel is represented purely in Android XML - e.g. in Mvx DataBinding attributes like
[TextView android:layout_height="wrap_content" android:layout_width="fill_parent" android:textAppearance="?android:attr/textAppearanceLarge" customermanagement:mvxbind="{'Text':{'Path':'Customer.Name'}}"/]
- And in the Touch UI, the ViewModel is represented using a slightly modified version of the MonoTouch.Dialog UI
new StringElement("Name").Bind(this, "{'Value':{'Path':'Customer.Name'}}"),
- If that's not enough for you.... there is also a (not yet fully formed) port of MvvmCross to the full .Net framework - so you can run your viewmodels through a Console UI... with MonoMac, WPF, Silverlight and WinRT/Metro UIs also possible.
Interested? Confused? Want to know more?
Well the source code is there to play with... and I will post some more samples and some more info soon... possibly on a blog with better code formatting!
One warning though... some of the code still needs a little finishing... especially the Touch/Dialog integration - only a few Elements are currently bound. If anyone wants to help... please let me know!


text: Celebrate 50 Years of Epiphone's Classic Casino! 05.02.2011 Title Me! Celebrate 50 Years of Epiphone's Classic Casino! Epiphone has made a name for itself by producing some of the greatest and most innovative musical instruments for over 135 years. While models such as Masterbilts, Broadways, Wilshires, Coronets, Emperors and Texans are some of Epiphone's most memorable models, the Casino is arguably our most famous due to its close association with the Beatles. Now, Epiphone brings back the first Casino in celebration of it's 50th anniversary - the "1961" Casino. The new 1961 Anniversary Casino has many features that were discontinued after the first year of production. The result is a classic that will be both familiar and totally new even to Casino lovers like Paul McCartney, Paul Weller, Noel Gallagher and Keith Richards. The Casino Story: For the Epiphone Company of 1961, the Casino was a small breakthrough. After the merger with Gibson in 1957, Epiphone no longer made jazz archtops. A new era of music had arrived. The introduction of the Casino was a modern design that merged Epiphone's history with the best of Gibson electronics. Though from a distance it had the look of an ES-335, the Casino was a true hollowbody, giving players a clear, ringing tone that could be pushed into overdrive when needed. It was an ideal guitar for stage and studio and can be heard on many landmark recordings of the 20th Century including The Beatles' "Sgt. Peppers Lonely Hearts Club Band" and The Beach Boy's "Pet Sounds." Maybe it's purely coincidental that at the same time that the Casino was in its planning stages at Epiphone headquarters in Kalamazoo, Michigan, the Beatles were starting out, too. By 1964, the Beatles were stars and when Paul McCartney went shopping for a new guitar that would feed back, he reached for a Casino. John Lennon and George Harrison soon bought their own and used their Casinos on stage and at Abbey Road throughout the band's career. Carl Wilson of the Beach Boys, Paul Weller of the Jam, and Noel Gallagher of Oasis are just a few of the players who made great records with Casinos. Classic Vintage Styling and Unique Features: Introduced in 1961, the original Casino had unique features that ultimately were never offered beyond that first year. These include the pre-Gibson era triangle metal logo badge on the headstock, "Dot" fingerboard inlays, a blank two-ply "bullet" trussrod cover, a tortoise-colored pickguard with foil "E", and black dog-ear P-90 pickups. Epiphone has faithfully reproduced these features for a one-of-a-kind retro look not found on Casinos produced after 1961. Other attention to detail includes the correct "burst" patterns on front and back, a neck joint at the 16th fret (instead of the 17th), Wilkinson(TM) vintage-style tuners with small plastic buttons, and the historically accurate rectangle "blue label" inside the sound hole. Original Premium Electronics: No detail of the original '61 Casino has been missed. Since the original Casinos incorporated parts and electronics from the Gibson factory, the 1961 Anniversary Casino has followed the same philosophy. Epiphone has recreated the original black P90s using a Gibson USA P-90R dog-ear pickup for rhythm and a Gibson USA P-90T at the bridge. Widely known as Gibson's first successful single-coil pickup, these lean and mean P-90's offer a stellar combination of high output and biting treble response. They also feature vintage two-conductor, braided, shielded wiring and black plastic covers. Other electronics faithful to the original Casino include a Switchcraft(TM) 3-way toggle and 1/4" output jack. The P90's were a favorite among jazz players for their clear horn-like tone. A young jazz student in 1961 could put on some flat wounds (and perhaps an unwound third if the teacher wasn't looking) and hear the tone of Barney Kessel, Tal Farlow, or maybe even Charlie Christian. Quality Construction, Hardware and Add-ons! Unlike an ES-335, the Casino is completely hollow which contributes to its unique, signature sound made most famous by the Beatles. The body is made of 5-layer Maple/Birch with a solid Mahogany SlimTaper(TM) neck attached using the traditional mortise and tenon neck joint hand-fitted and glued to the body using TiteBond(TM) glue. Hardware includes a tune-o-matic bridge and your choice of either a Trapeze tailpiece or Epiphone's new reissue of the original Tremotone(TM) vibrato. Cool! To top it all off, each 1961 Casino features an original-style hard case with gray exterior and blue plush interior and a numbered certificate of authenticity. As with every Epiphone, it also comes with the peace of mind you get from a Limited Lifetime Warranty backed by Gibson Musical Instruments famous 24/7/365 day Customer Service. Limited Production - Get One While You Can! Production records indicate that only 176 Casino TD's (trapeze) and 153 Casino TDV's (Tremotone) were made in 1961 so if you happen to have an original, you not only have a very rare instrument but a valuable one as well. Today, originals sell for $5,000 or more depending upon condition. So if you don't own one, now's your chance! But don't wait too long. Epiphone is only making a total of 1,961 Anniversary Casinos and once they're gone... they're gone! (Available at Authorized Epiphone Retailers Worldwide Beginning in July 2011.) Specifications: Body Material: 5-Layer; Laminated Maple/Birch Neck Material: Mahogany Neck Shape: SlimTaper(TM) Neck Joint: Glued-In; 16th Fret Truss Rod: Adjustable Scale Length: 24.75" Fingerboard Material: Rosewood with Pearloid "Dot" Inlays Fingerboard Radius: 14" Frets: 22; Medium-Jumbo Bridge Pickup: Gibson U.S.A. P-90T Neck Pickup: Gibson U.S.A. P-90R Controls: Bridge Volume, Neck Volume, Bridge Tone, Neck Tone, Switchcraft(TM) 3-way Toggle, Switchcraft(TM) 1/4" Output Jack Bridge: Tune-o-matic Tailpiece: Trapeze or Tremotone(TM) Nut Width: 1-11/16" Hardware: Nickel Binding: Body and Fingerboard Machine Heads: Wilkinson(TM) Vintage-Style, 14:1 Ratio with Small Plastic Buttons Colors (Trapeze): Royal Tan or Vintage Sunburst Colors (Tremotone): Vintage Sunburst Includes: Vintage Hard Case (Gray Exterior with Blue Plush Interior), Numbered Certificate of Authenticity Warranty: Epiphone Limited Lifetime Service: 1-800-4GIBSON (1-800-444-2766) More Epiphone news items. ------- Connect with us on Facebook. Visit our Blog. Follow us on Twitter.


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NWSB Insider and rookie Vancouver Whitecaps blogger Alistair Corp gives us his love 'em hate 'em from the Whitecaps FC vs. Real Salt Lake matchup. With the departures of Eric Hassli and Le Toux, and with Jay DeMerit not 100% rested from the mid-week All-Star match, the Whitecaps came out a little flat tonight at Rio Tinto. With a little more time together, Dane Richards and Darren Mattocks can be a lethal combination for the 'Caps.
Whitecaps vs. Real Salt Lake blog: love 'em & hate 'em
July 27, 2012 By