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Quality: HDTC
IMDb: 6.6/10
The principal demonstration of The Death Cure starts to recover the feeling of the secret that made its ancestor The Maze Runner a compelling little puzzler. Like the primary film, this motion picture tosses us directly into the center of a strange place, about which we have as much data as the story's saint. We and he have none, truly, as we're all learning as we go. It's undeniable this specific district isn't as quite a bit of a conundrum as the Glade and the labyrinth that encompassed it from the principal film, however doubtlessly, this office amidst a betray positively has a few privileged insights.
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Science Fiction | Views: 14548 | Downloads: 1999 | Date: 2018-03-22
Quality: HDRip
IMDb: 7.4/10
For over a century, there has been a proceeding with banter about in regards to the part of the criminal equity framework as far as discipline and restoration. Those of a moderate influence to a great extent observe the jail framework as an impediment. A place to rebuff guilty parties for their wrongdoings. Liberals would contend that the accentuation ought to be on restoration. To change guilty parties for the advantage of society. The framework is regularly skewed towards the previous, particularly in America. Lower level guilty parties regularly wind up solidified by their opportunity inside. This is the introduce for Ric Roman Waugh's new film Shot Caller.
Drama | Views: 826 | Downloads: 85 | Date: 2018-03-17
Quality: HDRip
IMDb: 6.3/10
Seven-year-old Tim cherishes the life he has with his folks: They chuckle and play together constantly, and there's dependably time for Tim's uncommon sleep time routine - stories, melodies, what not. He has no enthusiasm for a kin, however that doesn't stop the landing of The Boss Baby, a suit-wearing, portfolio toting smaller than normal director who touches base on the scene and continues to flip around Tim's family unit. Tim's folks don't appear to see anything strange going on, however Tim rapidly understands this is no conventional newborn child. Surprisingly Boss Baby is on a unique task from BabyCorp HQ to complete a little corporate secret activities identified with Tim's folks' place of business: Puppy Co.
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Animation | Views: 1316 | Downloads: 142 | Date: 2018-03-17
Quality: HDRip
IMDb: 8.3/10
In T2 Trainspotting, 20 years have gone since the occasions of 1996's Trainspotting. In the wake of living abroad in Amsterdam, Renton chooses to return home to Edinburgh. Spud is as yet dependent on heroin, and however he's attempted to kick the propensity, he has lost his activity and his family. So he tries to kill himself, however Renton arrives without a moment to spare to stop him. At that point he reconnects with "Debilitated Boy", who now claims a bar, is a general cocaine client, is as yet furious at Renton for taking his offer of the cash two decades sooner. In any case, Simon welcomes Renton to participate on his intend to fabricate a strip club, planning to correct his requital some place down the line.
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Drama | Views: 694 | Downloads: 54 | Date: 2018-03-17
Quality: HDRip
IMDb: 6.0/10
Power Rangers opens 65 million years back, with Red Ranger Zordon giving up himself to guarantee that reprobate Rita Repulsa can't grab hold of Earth's Zeo Crystal. Zordon additionally discharges the five Power Coins to discover those "who are commendable" to be the following five Power Rangers team. Quick forward to the present, when Angel Grove High's previous brilliant kid quarterback Jason Scott needs to go to Saturday confinement for his whole senior year because of a group trick turned out badly. There, he meets well informed Billy and furious ex-team promoter Kimberly. The trio winds up at a mine, where Billy reveals brilliantly shaded gem coins.
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Adventure | Views: 1106 | Downloads: 74 | Date: 2018-03-17
Quality: HDTV
IMDb: 6.5/10
In perspective of Pierre Christin and Jean-Claude Mézières' Valerian and Laureline practical books that began in the '60s - and breathed life into Besson's comparably outré The Fifth Element - the film plays just as the motion picture maker needed to pack each odd segment from the funnies into one component. You can't reprimand Valerian and the City for a Thousand Planets of lacking want or visual imaginative vitality; there's another, at times eye-popping sight at general interims.
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Fantasy | Views: 1052 | Downloads: 115 | Date: 2018-03-17
Quality: BluRay
IMDb: 4.6/10
In light of the uber famous top of the line books from E. L. James, Fifty Shades of Gray took after the youthful Anastasia Steele and her uncertain romance with the strange Christian Gray, a man whose late-night sexual exercises are not of the typical commonplace, with Ms. Steele's troublesome decision of sharing of in Christian's unthinkable allurements. While the book was praised in the scholarly world, the motion picture form of Fifty Shades of Gray was bit "meh" by fans and pundits. Possibly it was a direct result of its comparable account to Twilight, the fairly "restrained" sexual moments, or the wooden exhibitions from its lead.
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Drama | Views: 5066 | Downloads: 502 | Date: 2018-03-15
Quality: BRRip
IMDb: 7.6/10
Elisa is a mute, isolated woman who functions as a cleaning lady in a concealed, high-security authorities laboratory in 1962 Baltimore. Her life changes forever when she discovers the lab's classified secret -- a mystical, scaled monster from South America that resides in a water tank. As Elisa develops a special bond with her new friend, she soon discovered that its destiny and very success lies in the hands of a hostile government agent and a marine biologist.
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Drama | Views: 26439 | Downloads: 3085 | Date: 2018-03-12
Quality: BRRip
IMDb: 7.3/10
Back in January 2017, it had been declared Mel Gibson and John Lithgow were being hunted to play the principal characters' dads in the movie. Observing the events of the first movie, Brad and Dusty have to cope with their intrusive dads throughout the holidays, together with Dusty coping with his measure kid's biological father. Their newfound venture soon gets put to the test if Dusty's old fashioned, macho daddy and Brad's gentle dad arrive at flip the vacation upside down.
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Comedy | Views: 17812 | Downloads: 4129 | Date: 2018-03-12
Quality: N/A
IMDb: 7.6/10
Picture taker Lauren Greenfield began her profession reporting local clans, yet soon found an alternate concentration, one which would involve her for the following 25 years. She connected her anthropological focal point to the well off and special, and has been doing minor departure from that thought from that point forward, with photograph arrangement on Hollywood young people, ladies' body issues, obvious utilization, new cash in China and Europe, and the sky is the limit from there. Greenfield at that point arranged these arrangement into a review, Generation Wealth, both as a book and a display which started visiting a year ago.
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Biography | Views: 1716 | Downloads: 0 | Date: 2018-03-11


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Don't blame the Internet if it breaks over the revealing of the Star Wars Hot Wheels collection. This collaboration is essentially a new type of Star Wars toy, one that can hopefully run on a plastic track with a loop.
The Star Wars Hot Wheels collection will make its debut at the 2014 San Diego International Comic-Con. There you'll be able to get your hands on Yoda, Chewbacca and R2-D2 cars, among many others. What's more, there will also be a life-sized "Darthcar," which is actually a Corvette hidden under a body kit that's certainly from the dark side. If you aren't going to Comic-Con and don't feel like dropping big bucks on toy cars you can check out the Star Wars Hot Wheels here.
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subset: commoncrawl


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Going coed often only option
They engender fierce loyalties and count cabinet secretaries, physicians, scientists, CEOs and prize-winning poets and playwrights among their graduates.
But the number of women's colleges is down from nearly 300 six decades ago to fewer than 50. And now, Chatham University in Shadyside, from which conservationist Rachel Carson graduated, is considering admitting men. It could become coed by fall 2015, if trustees approve.
Alumnae, who were stunned with the announcement and organized "Save Chatham" campaigns on Twitter and Facebook, say they will turn out en masse at Chatham on Wednesday for the school's first town hall forum on the proposal. Spokeswoman Kate DiStefano said they are hoping to persuade the school to consider other options.
But the odds may be against them.
"There are massive market challenges to women's colleges at the undergraduate level," said David Strauss, a higher education consultant from Baltimore. "Of high school women taking the SAT, only 2 percent say they would consider a women's college."
Although women's colleges range from well-endowed to financially struggling institutions, and women now account for 60 percent of all college students, none of the schools born in an age when most colleges barred women has escaped the tides of cultural change and time.
Even two of the prestigious "Seven Sisters" colleges, Radcliffe and Vassar, exist no more.
Yet advocates say women's colleges have a place in higher education.
Marilyn Hamilton, interim president of the Women's College Coalition, said research shows they play an important role in nurturing women who later hold leadership positions.
Chatham President Esther Barazzone, who arrived at the school 22 years ago when it was in the midst of a financial crisis, said the school would have gone coed then if numbers had been its sole consideration. Instead, it built successful coed graduate and professional adult programs around the women's college and is building what it calls the nation's first sustainable campus on a farm north of Pittsburgh, financing it with grants and loans.
Barazzone said the proposal to go coed is a response to economic forces that have prompted predictions from Wall Street that some of the nation's small private colleges will close in the coming decade.
Chatham is weathering soaring costs, dwindling undergraduate enrollment and a high percentage of students who need institutional aid, or so-called tuition discounts.
Barazzone said the average tuition discount approaches 50 percent at Chatham, and almost no students pay the full $40,000-a-year sticker price.
Last year, Chatham funneled $5 million from its coed graduate and professional education programs to subsidize the women's college. In 2008 when enrollment in the college peaked at more than 700 students, the college required $2 million in subsidies, she said.
Chatham's undergraduate enrollment, edging down toward 500, is not adequate to support the cost of the women's college, Barazzone said, adding that 800 to 1,000 students would be ideal.
Carlow University in Oakland, which labels itself a women's-centered university, went coed in the late 1960s. It enrolls about 11 percent men. Seton Hill University in Greensburg made the leap in 2002 when it renovated dorms and added men's sports. About 37 percent of its students are men.
In August, Wilson College in Chambersburg, another small women's college struggling with declining enrollment, went coed despite emotional pleas from alumnae, some of whom threatened court action.
Brian Speer, vice president for enrollment at Wilson, said applications at the school, which will admit men as residential students this fall, are double what they were at this time last year. And 19 percent of new applicants are men.
Many of Chatham's loyal alumnae, who are among the strongest boosters of single-sex education, concede they weren't considering a women's college until they visited the school.
"It's about getting (prospective students) to see the advantages. A lot of students thought it wasn't exciting. But then they get on campus and see the sisterhood. We have to be able to show them the benefits of a women's college and get that first look at what a women's college can give you," said DiStefano, a 2008 Chatham graduate.
DiStefano said alumnae want to work with the administration to maintain single-sex education.
Barazzone insists Chatham will not retreat from its commitment to women if it admits men.
"We intend to create a women's leadership academy. We created the Center for Women's Entrepreneurship and the Center for Women & Politics. Those programs aren't going to go away."
Debra Erdley is a Trib Total Media staff writer. Reach her at 412-320-7996 or email@example.com.


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Over the past few days, I've been reading some of Sonia Sotomayor's legal decisions, trying to get a sense of her judicial philosophy. Like many conservative commentators, I am very uncomfortable with the Second Circuit Court's panel decision in Ricci v. DeStefano – mainly because Sotomayor and her fellow justices overlooked or ignored a number of important constitutional considerations when they delivered their six-sentence ruling.
But there's another of Sotomayor's decisions that really bothers me. The case is Maloney v. Cuomo.
Here's a bit of background: James Maloney, the plaintiff-appellant in the case, filed suit against the NYPD for arresting him in his home on charges of "chuka stick" possession. When his action was defeated in the lower courts, Maloney appealed to the United States Court of Appeals for the Second Circuit, arguing that New York's statutory ban on chuka sticks violates "the Second Amendment because it infringes on his right to keep and bear arms."
In a per curium decision, the Second Circuit Court upheld the New York weapons ban, and argued that the Second Amendment does not apply to the states. The court cited only the 1886 precedent in Presser v.
As a strong proponent of mechanical incorporation, I'm appalled at this decision. I have always found the notion of selective incorporation – the idea that the Due Process Clause applies only certain amendments in the Bill of Rights to state and local governments – quite alarming. But far more alarming, in my view, is the fact that Sotomayor and her fellow justices felt little need to clarify such an illogical reading of the Constitution.
The Ninth Circuit Court recently did incorporate the Second Amendment against all of the states within its jurisdiction – and offered a consistent, reasoned explanation for its decision. So, at the moment, the Second Amendment applies to certain states, but not others.
Even if you're not a strong supporter of the Second Amendment, you should really be dismayed by the idea that constitutional protections need not be uniform across state lines – and that justices can arbitrarily choose which amendments should apply to the states.
In truth, I think I would find the concept of an "implied" right to privacy that extends to all of the states through the Due Process Clause much easier to swallow if the courts would finally incorporate the explicitly enumerated right to bear arms.


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Welcome to this weeks Pinterest Picks! So happy you are here to join us!
Recently my hubby bought me a sewing machine and a
surger to use for my sewing projects. I have used them a little bit but not as much as I would like.
I really want to start sewing more so today I have
some projects for you that I really want to sew!
Let's get to our
of Pinterest Picks!
I have fallen in LOVE with Maxi Skirts, as I am sure a lot of you have. After seeing the tutorial for these I think they would be easy to make myself. This would be a plus so I could get the colors I wanted!!
Source: Individual Rivalry
How adorable is this onsie turned dress?!? I am in love with the idea and I love the chevron pattern. So cute!! I like the idea of making my kiddos some clothes to wear!
Source: My Pins Blog
Um, how cute are these striped pajama pants?!? I am in love!!
I think the would look darling on a little boy!
You would never guess, but these are made out of old mens polo shirts!! Wow! I need to make some of these for my little guy!
Source: The Sewing Rabbit
This leggins tutorial is going to be a learning must for me. If you have girls like me you know how fast they can go through these especially when they are a little older. You only use 2 piece of fabric for these and they look super easy to do. I think the hardest thing would be the elastic around the waist, but even that's not too hard.
Source: Make It and Love It
I remember seeing burp cloths like these years ago and had forgotten about them. I can't believe how easy these are to make. They would make for awesome and personalized baby shower gifts. I will be making some for our next baby!
Source: Petite Lemon Blog
I think it would be so fun to make cute blankets for my kiddos totally personalized to them! I know they would love them. This looks so easy to make as well which is an awesome thing to get me going!
Source: Greener Grass
I am in need of making my own pillow covers for my bed right now. These look so easy to make and the best part is you can easily change out the covers when you get board with them!
Source: Delia Creates
How fun would homemade curtains be to match your home perfectly?!? These look so amazingly easy to make. I will be doing this when I get into a home!
Source: Visual Eye Candy
I am in love with the table runner! I have never even thought to make my own, but guess what I will be doing now?? Yep...making one for my table! I love the polka dots and the ruffles at the end! So cute!
Source: A Girl and A Glue Gun
This is also I must for my sewing projects. These are camera straps. As I have come to find the strap really starts hurting your neck after awhile so having this cute and comfy strap cover on it would help a lot!
Source: Everything Etsy
Hope you enjoyed reading today and hope you found
some sewing projects you can do as well!!
Have an Awesome Weekend!


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Last Number Redial stores the last external number dialed from each extension. The last stored number is replaced when another external call is placed. Last Number Redial is not affected by placing or receiving internal calls or by receiving external calls.
To redial the last external number dialed:
A U.S. Department of Energy National Laboratory Operated by the University of California


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UPTO 25% Off. Use Code : MHFF025
Beige Pin Stripe Viscose Handwoven Carpet
Products Details
Beige remains one of the most popular colours when it comes to carpets. This hand woven beige carpet made with viscose pile with Antique finished effect enhances the look of any décor and style.The simple solid pattern accentuates its look and makes your room look classy.
- Material Front : Viscose and Cotton
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- Size (cms) : 150x240
- Size (feet) : 5x8
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- Pattern : Solid
Please Note: The images we display have the most accurate colour possible. Due to differences in computer monitors, we cannot be responsible for variations in colour between the actual product and your screen.
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Channel resellers need to make sure they choose the right route to market
Channel resellers need to make strategic decisions to reap the benefits of increased cloud uptake among end-users
According to the IDC (International Data Corporation) Worldwide Quarterly Cloud IT Infrastructure Tracker, total cloud spending will grow by 21 per cent year-on-year in 2015 and it will account for approximately 33 per cent of all IT infrastructure spending. Private cloud IT spending will grow by 16 per cent year-on-year in 2015, while public cloud IT spending will grow by 25 per cent.
In light of these findings, Piers Linney, Co-CEO of Cloud Services Provider (CSP) and Microsoft Gold Partner, Outsourcery, has said that time is running out for channel companies that have, until now, struggled to transition to selling cloud-based solutions.
"We are reaching a significant point in the IT and communications markets. Until now, cloud has captured a growing, but still immature part of the market. There has therefore been a continuing source of business revenue for those selling traditional on-premises IT. The market has been pretty forgiving for channel companies that have only dabbled in selling cloud services to date, but not fully transitioned. These latest figures from the IDC show that this period is coming to end."
As cloud gains an ever greater share of the IT market, channel companies that fail to move to the cloud will be at a competitive disadvantage.
Piers Linney, Co-CEO at Outsourcery
"Channel resellers that have not yet made the cloud central to their business proposition need to look at the growth in demand for cloud services and take action to evolve their market offer. They need to make sure they are picking the right partners that will enable them to tackle the challenges of cloud IT and communications head on and meet end-user needs."
"While we are seeing many channel providers try to adapt to cloud technology, there are many challenges along the way when adopting a completely new business model that has significant selling differences to traditional on-premises IT."
Challenges to transitioning to sell cloud include adjusting to a payment structure for the continuing provision of a service, rather than larger initial cash injection gained from selling IT as an asset. Channel businesses also need to adjust their culture and business model to be more service orientated – customers are not going to go away but continue to be in a financial relationship long after the contract has been signed.
However, most importantly is the need to invest in building stronger partner relationships – a close and responsive relationship with channel partners will significantly improve service levels for the end customer.
As a Microsoft partner, Outsourcery participates in the Microsoft Cloud Solution Provider Programme, which enables them to provide direct billing to customers, while managing and supporting its Microsoft Cloud offerings, such as Office 365. With the programme, Outsourcery is at the centre of the customer relationship, helping the customer to take advantage of cloud services by owning the entire billing process with direct support from the reseller.
Linney concludes: "Many channel resellers are seeking the support of trusted suppliers to help them navigate through their uptake of the cloud. Channel resellers will need to make sure that they are signing up to the right cloud provider – one that is able to firstly develop their capability of reselling the cloud service and essentially provide them with a suitable service offering that can meet end-user demands. Those suppliers that have the right mix of IT skills and technical services capability will find it easier to win channel resellers and feed the cloud supply chain."
For more information, contact email@example.com.


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Current Category » Silviculture and Agro Forestry
Introduction to Forest in India
Total geographical area of India is 32, 80,500 sq. km (328.8M ha)
Total forest area 7, 50,500.00 sq. km (75.06 M ha)
Agricultural area is about 46.4%
The second National Forest Policy was enunciated (decided) in 1952 as per which 33.33% of land should be under forest for proper ecological balance. In hills 60% area should be covered under tree cover. During last tow decades 2 million ha forest was diverted for non-forest purpose, Agro-industry, power and irrigation projects, housing etc. Government has enacted the Forest Conservation Act. 1980 to ensure that no reserve forest can be diverted to any other type of forest and that no forest and that no forest land can be used for any non forest purpose.
Out of total area under forest, 45.6 million ha (60%) area is in use and another 14.8 million ha (20%) area potentially exploited and remaining unexploited area as on Himalayan states, North Eastern regions and Andaman Nicobar islands.
Sources of energy consumption in India are: Coal, 16.5% Oil 10.0% Electricity 15.7% wood 37.6% Cowdung 8.7% and Vegetation waste 11.5%
The wood is derived from the Latin word "Eairs" means "outside' Therefore forests are areas covering practically all uncultivated or untended lands covered with rather tall and dense tree growth.
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Podcast: Play in new window | Download
While visiting Northern Virginia on their Trade-for-a-Living Tour, Rob Booker and Bradley Fried recorded this conversation with their friend, Mohammad. Rob asks Mohammad what has been the most difficult aspect of his trading. And that leads to a discussion about "the trading lifestyle," and the difference between being forced into this so-called trading lifestyle, versus freely choosing the trading lifestyle.
Brad says if you bring financial pressure into your trading, you will not succeed. He says when you focus on the money, it falls apart; but when you focus on the aspects of trading that can be controlled and the process of trading, then the money comes naturally. Rob talks about the principle of doing what you can do, not just what you wish you could do. And these three traders talk about the difference between making spreadsheets that are goal-oriented, versus making spreadsheets that are delusional. Another valuable episode! So, if you find yourself living the trading lifestyle — or planning to live it — listen!
Links for this episode:
Click to download Brad's Spreadsheet – Note from Brad: Notice that this spreadsheet only models hitting a fixed pip target consistently every week over a period of years, and does not include the impact of losses, win %, etc. It just assumes what we get are net target pips each week risking a fixed % of equity to get those pips.
Watch Rob's daily videos on YouTube
Watch Rob's daily videos on RobBooker.com
Facebook: Man vs. Market
Twitter: @RobBooker
Other links:
The Traders Podcast on Twitter: @TradersPodcast
E-mail us! firstname.lastname@example.com
Tagged as: currency trading, episode 146, forex, jason pyles, mohammed, northern virginia, professional trader, rob booker, the traders podcast, the trading lifestyle, trade for a living tour, trading career, trading for a living, trading from home, trading method, trading strategies, trading strategy, trading success


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My first art journal is almost filled. It's rare that I actually fill every page in a journal/book, but this sketchbook only has a dozen or so empty pages for me to fill.
This page is a watercolor play page. Wet into wet, first I put down water in geometric shapes. I let the paper absorb the water and then put down another layer. Then I dropped in the colors and let them mix together. It's important not to push them around too much with the brush, but to let osmosis draw the paints into each other and create the mixtures.
Terribly fun. Do you art?
Episode 1 | Episode 2 | Episode 3


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The Tax Management Transfer Pricing Report ™ provides news and analysis on U.S. and international governments' tax policies regarding intercompany transfer pricing.
By Kathleen Ford Bay, Esq.
Richards Rodriguez & Skeith LLP, Austin, TX
The Tax Court held that Diebold Foundation, Inc., a private
foundation, could not be held liable under §6901 as a transferee of
a transferee. Salus Mundi Foundation (which was consolidated
with two other cases - DieboldFoundation, Inc., Transferee, docket
No. 24742-08; and Ceres Foundation, Inc., Transferee, docket No.
24743-08), T.C. Memo 2012-61. The Commissioner appealed to the
Second Circuit.
In Diebold Foundation, Inc., Transferee v.
Commissioner, No. 12-3225-cv (2d Cir. 2013), the Second
Circuit considered a sophisticated and aggressive planning
technique, involving a series of transactions used in an effort to
reduce capital gains taxes on the sale of assets owned by a C
Corporation. Ultimately, the Second Circuit held as follows:
(1) First, on the standard of review: when there are mixed
questions of law and fact, the standard of review that applies to a
Tax Court decision is the same as the standard of review that
applies to a bench trial from a federal district court - de
novo, when the alleged error is the misunderstanding of a
legal standard and clear error when the alleged error
is in a factual determination. §7482(a)(1).
(2) Second, on the merits: §6901 has two requirements that are
separate and independent, being transferee status and liability.
Transferee status is procedural and federal law governs it.
Liability is substantive and governed by state law. Here, per New
York's Uniform Fraudulent Conveyance Act, the series of
transactions at issue collapsed based upon the constructive
knowledge of the parties involved.
Because the Tax Court concluded there was no liability under
state law, it had not addressed the issue of who was a transferee
under §6901. Therefore, the Second Circuit vacated and remanded to
the Tax Court to determine (1) if the Diebold Foundation, Inc.
("Diebold") is a transferee of a transferee under §6901 and (2) if
the transferee-to-transferee three-year statute of limitations
under §6901(c)(2) applies or if the substantial omission from gross
income six-year statute under §6501(e)(1)(A) applies.
The background facts are as follows. Double D Ranch, Inc.
("Double D"), a personal holding company taxed as a C corporation
had two shareholders: the Dorothy R. Diebold Marital Trust (the
"Marital Trust") and Diebold. The trustees of the Marital Trust
were Bessemer Trust Company, the widow ("Mrs. Diebold"), and Mrs.
Diebold's attorney. Diebold had five directors: Mrs. Diebold, her
attorney, and three adult Diebold children. The Marital Trust had,
until 1999, owned all of Double D's stock, but it transferred
slightly more than one-third of the stock to Diebold. (The
circumstances of this transfer are not discussed in the case.)
Double D was worth about $319 million, consisting of $21.2
million in cash, $6.3 million of real property (a farm in
Connecticut), $291.4 million of publicly-traded stock. The bulk of
these assets where highly appreciated; so much so that a sale of
the assets would have triggered capital gains taxes of
approximately $81 million.
By 1999, the Diebold children were "anxious" and wanted assets
transferred to them. Apparently, they wanted cash, not stock;
however, the Marital Trust was illiquid. As indicated above,
selling assets to generate cash carried a heavy capital gains
burden. Thus, the search for a way to get cash to the Diebold
children without incurring burdensome capital gains taxes
After pursuing other options, the trustees of the Marital Trust
and the Directors of Diebold, having decided to sell the Double D
stock, engaged Sentinel Advisors, LLC ("Sentinel"), a "small
investment banking firm specializing in `structuring economic
transactions to solve specific corporate or estate or accounting
issues.'" The general structure of the transaction was that the
Marital Trust and Diebold would sell their Double D stock to an
intermediary entity without a discount for the built-in gains and
would not have to recognize the capital gains. Then, the
intermediary entity would sell Double D's assets to the ultimate
purchaser and the purchaser would get a basis in the assets equal
to the purchase price. The intermediary entity would recognize the
built-in gain. The plan was that the intermediary entity would have
losses to offset the gain or would claim tax-exempt status. In many
instances the intermediary entity was a newly-formed entity that
was judgment proof because it had no other assets.
The Double D transaction was implemented as follows:
The IRS sent a notice of deficiency to Double D for deficiency
of income taxes, penalties, and interest in the amount of about
$100 million based on its determination that the sale of Double D
stock by the Marital Trust and Diebold was, in substance, an asset
sale followed by liquidating distributions to the Marital Trust and
Diebold. Double D did not contest this notice of deficiency, but
the IRS could not find assets of Double D from which to collect the
liability and decided it was futile to try to collect from the
corporation itself.
The IRS attempted to collect from the Marital Trust and Diebold.
It first tried to collect against Mrs. Diebold, but the Tax Court
held she was not liable because the Marital Trust was the actual
Double D shareholder, not her, and the court saw no reason to
ignore its separate existence. Diebold v. Commissioner,
T.C. Memo 2010-238. The IRS then issued separate notices of
transferee liability against each of the three succeeding
foundations to the original Diebold Foundation.
As indicated above, the Tax Court had concluded Diebold was not
liable under state law. However, the Commissioner had appealed. In
addressing the liability and transferee prongs of §6901, the Second
Circuit cited, discussed, and adopted recent opinions in the First
and Fourth Circuits: Frank Sawyer Trust of May 1992 v.
Commissioner, 712 F.3d 597, 605 (1st Cir. 2013), and
Starnes v. Commissioner, 680 F.3d 417, 428 (4th Cir.
2012), both of which concluded that the two prongs of §6901 are
independent and that the Tax Court did not err by only addressing
the liability prong.
The Second Circuit determined, if there was not a "conveyance"
under the New York Uniform Fraudulent Conveyance Act, there would
be no need to determine whether or not the selling shareholders
were transferees under §6901. The Second Circuit ultimately held
that there was a conveyance because the trustees of the Marital
Trust and the directors of Diebold had "constructive knowledge" of
the entire transaction.
In holding that the taxpayers did have constructive knowledge of
the transactions, the Second Circuit held: The Tax Court did not
sufficiently address the totality of the circumstances from all of
the facts, which that court had already laid out itself. The
constructive knowledge inquiry does not begin, in this instance,
solely with the agreement between Shap II and Double D. Rather, it
is of great import that the [s]hareholders recognized the "problem"
of the tax liability arising from the built-in gains on the assets
held by Double D. The [s]hareholders specifically sought out
parties that could help them avoid the tax liability inherent in a
C Corp holding appreciated assets. They viewed slideshow[s] and
other presentations from three different firms … that purported to
deal with such problems. … Considering their sophistication, their
negotiations with multiple partners to structure the deal, their
recognition of the fact that the amount of money they would
ultimately receive for an asset or stock sale would be reduced
based on the need to pay the C Corp tax liability, and the huge
amount of money involved, among other things, it is obvious that
the parties knew, or at least should have known but for active
avoidance, that the entire scheme was fraudulent and would have
left Double D unable to pay its tax liability.
After holding that there was liability under the NYUFCA, the
Second Circuit remanded the case to the Tax Court to determine if
Diebold is a transferee of a transferee under §6901. There is also
the issue of which statute of limitation applies: the three-year
transferee-to-transferee year statute of limitation under
§6901(c)(2) or the six-year substantial omission from gross income
statute under §6501(e)(1)(A).
Caution: Cutting edge techniques are
always double-edged. If they work, taxpayers may avoid paying lots
of taxes. If they do not work, taxes, penalties, interest, and
attorney and accountant fees for rebutting IRS attacks, can be
large, and the taxpayer will likely spend a great deal of time and
energy dealing with the IRS. In this case, the IRS issued its first
notice of deficiency in March 2006. In August 2007, the IRS issued
a notice of deficiency against Mrs. Diebold as a transferee. The
Tax Court issued its opinion that the Marital Trust, not Mrs.
Diebold, was the transferee in October 2010. [Note: The
Commissioner did not argue that Mrs. Diebold was the transferee of
a transferee.] In July 2008, the IRS issued notices of deficiency
against the three successor private foundations. In March 2012, the
Tax Court issued its opinion regarding the foundations' transferee
liability, which the Commissioner then appealed. In mid-November
2013, the Second Circuit vacated the Tax Court's ruling and
remanded. There will be yet another Tax Court hearing and opinion,
unless a settlement is reached. Since the initial planning to
reduce capital gains taxes in 1999, over 14 years has passed. Since
the initial notice of deficiency in 2006, over seven years has
passed. Did Mrs. Diebold and her children have any inkling at the
time of the implementation of planning techniques that the IRS
might refuse to recognize the effectiveness of such techniques and
that they might be dealing with the IRS as a result for over 14
years, and counting?
For more information, in the Tax Management Portfolios, see
Peyser, 628 T.M., Transferee Liability, and in Tax
Practice Series, see ¶3880, Tax Court Litigation.
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text:
Leipers Fork, Tennessee
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