Electronic Signatures And The Statute Of Frauds

The Statute of Frauds requires that certain contracts be signed. In this age of e-commerce exactly how does one “sign” a fax or an e-mail

Tax Changes Enacted By The Patient Protection And Affordable Care Act Of 2010 And The American Taxpayer Relief Act Of 2012

Close to three years ago, Congress enacted legislation that overhauls the U.S. health care system and at the same times affects nearly all taxpayers, many employers, and many elements of the health care industry. The sweeping new health reform law embodied in this legislation pays for its cost through tax increases in a number of ways The American Taxpayer Relief Act of 2012 similarly affects many taxpayers with numerous changes in the tax law which either increase or decrease a taxpayer’s burden depending on income levels

The Commerce Clause From Expansion To Extortion

The Commerce Clause of the United States Constitution gave the federal government power over foreign trade, trade with the Indian tribes and trade “among several states.”  By lack of further enumeration and the passage of the Tenth Amendment to the Constitution, it would be reasonable to conclude that commerce that is truly intrastate would, therefore, be within the regulatory province of the states.  In fact, that was the interpretation initially reached and subsequently followed by the United States Supreme Court.  But in 1942, that changed and, over the course of the following 60+ years, to date the Court has concluded, by an expansive interpretation of that federal power granted, that Congress and the federal government have virtually unbridled power to regulate not only those areas that would traditionally be considered “commerce” or “interstate commerce”, but, moreover, in areas that seemingly have nothing to do with commerce, interstate, or otherwise.  This paper will trace the journey that the justices have taken down this judicial interstate highway and the methods that the federal government has employed to achieve its objectives.  Hence, the subtitle of this paper:  From Expansion to Extortion

Tax Deductions For Education Expenses

Trade or business expenses are deductible if they are ordinary and necessary with respect to the trade or business in which they were incurred. Treasury Regulations bring education expenses into this purview but only if they maintain or improve skills already acquired or allow a taxpayer to maintain his current position. Expenses which qualify a taxpayer for a new trade or business or which enable one to meet the minimum standards of a trade or business are considered personal and thus not deductible. Where educational conferences are held out of town there are additional considerations which might limit the allowable deduction for related education expenses

Leases As Security Devices

Leases have priority over mortgages and other security devices if they were entered into prior to the security devices and if the leases were duly recorded, or in the alternative, the lessee can prove that the holder of the security device had actual notice of the lease’s existence. Which means, that should the creditor seek to foreclose on the premises, the lessee has a protected right to remain on the premises pursuant to the terms of the lease. This holds true for a subsequent purchaser of the property either at the foreclosure sale or thereafter

Travel Expenses In Connection With Tax-Deductible Education Expenses

Trade or business expenses are deductible if they are ordinary and necessary with respect to the trade or business in which they were incurred. Treasury Regulations bring education expenses into this purview but only if they maintain or improve skills already acquired or allow a taxpayer to maintain his current position. Related travel expenses in connection with educational activities may come into play in (i) travel to an out of town location to attend an educational function, (ii) travel while engaging in educational activities or (iii) travel which is itself a form of education.  Current regulations may limit the allowable deduction for these education-related travel expenses

Abusive Tax Shelters And Government Misconduct

Congress reacted quickly to the accounting profession’s involvement in the Enron/Tyco International financial collapses in 2001. The Sarbanes-Oxley Act of 2002 was enacted and the Securities and Exchange Commission promulgated new reporting regulations aimed at preventing such losses in the future. A more remote effect occurred a year later in 2003 when Congress enacted sweeping reforms affecting the tax shelter industry. Congress targeted accounting firms and related professionals who created, marketed and sold abusive tax shelters. While the culpability of these professionals was clear the resulting criminal prosecutions against some of the accounting professionals were tainted by an overzealous prosecution which relied on unconstitutional tactics to obtain convictions

Economics For The Elderly: New Business Products And Options

In this paper, we examine three types of money management tools that could be used in estate and financial planning matters.  The first two, the life settlement, which enables the sale of life insurance policies in secondary markets, and the reverse mortgage, which is a loan taken out against the home equity accumulated and requires no repayment as long as the homeowner lives in the home, have been used as investment vehicles by insurance companies, banks, hedge funds, and other investment entities.  The third tool, the power of appointment, provides counsel on the proper format for preparing the deed to minimize the tax implications related to the transfer of assets from the parent to the heirs.&nbsp

Foreclosures: A Non-Traditional Approach

Foreclosures are at a record high, causing families to be displaced, blighted neighborhoods and the reduction of home values. This paper examines a few unusual cases recently determined, whereby the Court exercises its equity powers to find a just result

How to defeat insurgencies: searching for a counter-insurgency strategy

Most people say that a hearts and minds campaign is the best strategy for defeating an insurgency. But there may be no one best solution applicable to countering all insurgencies. The opportunities and constraints, which affect both the insurgent and state, dictate the best strategy. I will test this hypothesis against the most difficult form of insurgency. Two Maoist insurgencies will be analyzed to determine the effect of the state's strategy on the insurgent. Conclusions will then be drawn about the relevance of pursuing a universal counter-insurgency strategy. While countering the Shining Path insurgency in Peru, the state employed three different strategies. In the end, the state recognized that the insurgency was elitist based and launched a successful counter- leadership targeting campaign to defeat the insurgency. While countering the Malayan Communist Party insurgency in Malaya, the state employed two different strategies. In the end, the state recognized that the insurgency could be limited to the ethnic Chinese community and adopted a successful campaign to separate the insurgents from the population. Analysis of each case study clearly demonstrates the success of two different strategies against similar insurgent organizations. In Peru the insurgency was defeated thanks to an inside-out approach, while in Malaya the insurgency was defeated form the outside-in. The strategy used in Peru would not have been successful in Malaya and the same can be said of the Malayan strategy in Peru. However, the cases demonstrate the need to understand general counter-insurgency principles before applying case specific strategies. Based on these observations it can be concluded that, just as the principles of war guide military operations, there are similar principles which bring success in counter- insurgency operations, with the important caveat that every case must be treated as unique.http://archive.org/details/howtodefeatinsur109459342U.S. Army (USA) authorApproved for public release; distribution is unlimited