The Nature of a Parent-Subsidiary Relationship Determines How to Allocate a Refund in a Tax Sharing Agreement

(Excerpt) Often, a parent corporation and its subsidiaries will file a consolidated tax return because it comes with many benefits, such as being able to offset gains and losses and deferring tax consequences for sales between consolidated groups. The parent corporation and the subsidiaries will often enter into a tax sharing agreement, which will determine each entity’s respective tax liability. In the event that a refund is issued, the tax sharing agreement will usually dictate how to allocate the refund amongst the parent and the subsidiaries. A tax sharing agreement is “an agreement among members of an affiliated group of entities that file consolidated or combined tax returns that allow for the allocation or apportionment of certain tax attributes among affiliates.” State law determines the “validity and interpretation” of the tax sharing agreement. In particular, the plain language of the tax sharing agreement will determine its “validity and interpretation.” The parties to the tax sharing agreement are free to allocate the rights of the tax benefits amongst themselves. A tax sharing agreement may allocate the tax benefits by explicitly stating which entity is entitled to the tax benefits under the tax sharing agreement or by implicitly relying on the past relationship of the parties. Most tax sharing agreements explicitly provide how to allocate the tax benefits amongst the affiliated group. However, “these agreements often differ in their precise language, and these differences can be critical” to determining the rights of each party. Although the IRS will return the tax refund to one entity initially, the tax sharing agreement will determine how the tax refund will be distributed amongst the parent corporation and its subsidiaries. The language of the tax sharing agreement will create relationships that will determine which entity owns the tax refund. The types of relationships formed are generally a debtor-creditor, agency, or trust relationship. On one hand, if a debtor-creditor relationship was created under the tax sharing agreement, a tax refund is “considered to be ‘owned’ by the entity receiving it.” Some courts have found that words such as “payments” and “reimbursements” will create a debtor-creditor relationship. However, on the other hand, at least two circuit courts have recently rejected such an analysis. Those circuit courts stated that those words do not indicate a debtor-creditor relationship was formed between the parent corporation and the subsidiary. If a debtor creditor relationship was not created in the tax sharing agreement, courts will generally determine that an agency or trust relationship was formed. If the court determines that an agency or trust relationship exists, the entity that receives the tax benefit will be considered to be holding the benefit in trust of the other entity. This Article is separated into two parts. Part I discusses the different results when the tax sharing agreement is either explicit, silent, or ambiguous as to who owns a tax refund between a parent corporation and its subsidiary. Part II summarizes the implications of the conflicting court decisions regarding tax sharing agreements

Introduction to this Special Issue: Intercultural Education in the Social Studies

Professor Cushner is our guest editor to this special section devoted to Intercultural Education. As well as a renowned author in the area of international education and intercultual education Professor Cushner has held a number of prestigious posts in recent years including Professor of Education (International and Multicultural) at Kent State University; Executive Director for International Affairs at Kent State University ; Associate Dean for Student Services and Intercultural Affairs at Kent State; Fulbright Senior Specialist, Gotland University; and Director, Consortium for Overseas Student Teaching.

A Program For Seven Year-Olds at the City and Country School

The City and Country School, one of the oldest progressive schools in the country, was founded over forty years ago by Miss Caroline Pratt. It was conceived as a place to find more effective ways of helping children learn and grow

Denizen politics : a comparative analysis of opposition to immigration in the European Union

textThis dissertation presents a series of observational studies of opposition to immigration (OI) in the European Union. A substantial portion of the public seems to prefer a more exclusionary form of democracy, but how large, how vocal, and how organized that portion is varies considerably. I investigate exclusionism, a dimension of individual belief about how extensive political membership should be that tends to reflect how denizens prioritize political and cultural aspects of membership. In situating exclusionism, I shed light on three puzzles: Which of an individual’s concerns are the strongest determinants of OI? Which national developments are the strongest determinants of an individual’s OI? How are the effects of an individual’s concerns shaped by national context? Exclusionism predicts OI in more countries in the EU than do ideology or religion. Post-9/11 conflicts increase OI but not as dramatically as do increases in the Muslim population (suggesting perhaps that Islamophobia outpaces security risks). OI is highest in new countries of immigration, but polarization is most pronounced in older countries of immigration, where ongoing national developments have created unusually large generational gaps, religious differences, and disagreements about exclusionism. Political interest is key for explaining large differences in opinion, too. Exclusionism increases OI, even in low-immigration countries, among individuals with little interest in politics but only slightly; at high levels of individual interest and immigration, exclusionism’s effects are substantial. My findings reveal major challenges to integration policy in high-immigration countries: migrants and natives are unlikely to see eye-to-eye at any level of political interest, and there is near complete disagreement on immigration policy between politically-interested Muslims and politically-interested Christians. Methodologically, I introduce techniques to analyze polarization, and my findings have implications for best practices in cross-national survey research.Governmen

Resilience of Children with Chronic Health Conditions: The Impact of Neuropsychiatric Comorbidities

BACKGROUND: Resilience, the ability to overcome adversity and effectively recover from stressful experiences, is a complex theory with many contributing factors. Previous studies have shown that condition-specific summer camps for children with chronic health conditions increase resilience and adaptive coping skills, change attitudes toward the illness, and improve quality of life. The aim of this study was to determine how neuropsychiatric comorbid diagnoses such as attention deficit hyperactivity disorder (ADHD), learning disability, and anxiety disorder influence the resilience of children with chronic health conditions. METHODS: Children with chronic health conditions including autism, epilepsy, cerebral palsy, Tourette’s syndrome, sickle cell anemia, neurofibromatosis, congenital heart disease, and type 1 diabetes attended Brainy Camps of Children’s National Health System and participated in this study between 2010-2016. Sixty-seven participants ages 7-17 completed the Connor-Davidson Resilience Scale (CD-RISC) questionnaire pre- and post-camp. Parents of participants reported presence of comorbidities including ADHD, learning disability, and anxiety disorder. Averages for pre- and post-camp CD-RISC scores were taken for participants with ADHD, learning disability, or anxiety disorder, and were compared to scores for control participants without each comorbidity. RESULTS: Averages for all groups indicated an increase in resilience scores. The increase was 10.27 points on the CD-RISC for the 35 participants without ADHD, and 7.95 points for the 32 with ADHD. The increase was 7.61 points for the 30 participants without learning disability, and 5.98 points for the 37 with learning disability. The increase was 8.36 points for the 47 participants without anxiety disorder, and 6.38 points for the 20 with anxiety disorder. CONCLUSIONS: These findings demonstrated a positive shift in resilience for all participants with chronic health conditions who attended Brainy Camps. However, the results indicated larger improvements in resilience for participants without comorbid diagnoses of ADHD, learning disability, or anxiety disorder. Therefore, children with chronic health conditions who also have these neuropsychiatric comorbidities have more challenges developing resilience. One limitation of this study is possible false reporting of comorbid diagnoses from parents. Further research is needed to explore how interventions such as residential summer camps can also impact self-management and health outcomes of children with chronic health conditions

Impact of Condition Specific Camps on Resiliency and Adaptive Behavior in Children with Heart Conditions

Objectives: Resilience is the ability to adapt in stressful situations and overcome adversity through the use of effective coping strategies. Previous studies have demonstrated that condition-specific camps designed for children with epilepsy can increase adaptive coping skills including social interactions, cooperation, initiative, and communication in participants over a three-year period [1,2]. Additionally, research indicates that as a group, individuals who live with chronic health disorders exhibit less hope and have worse health outcomes when compared to their normative peers. The aim of this study was to determine the impact of condition-specific camps on children with heart conditions. Methods: 39 of 75 youths, diagnosed with heart conditions, attended Brainy Camps and participated in this study between 2012-2014. Participants included 5 females and 11 males in the 8-11 year old range and 10 females and 13 males in the 12-17 year old range. The Price-Emory Resiliency Scales, Herth Hope Index, and the Loneliness Scales were completed pre and post camp. A T-score range was used to determine if children with heart conditions differed from normative data in terms of resilience. Resiliency was evaluated among the campers using the subscales of mastery, relatedness, and emotional reactivity. Averages for the pre- and post- camp scores were taken for both single year and consecutive year participants and compared to average scores in the normative data. Results: The 39 children who attended camp demonstrated positive changes in resiliency including emotional reactivity, and hope, by the end of their first year. However, decreased scores in mastery and relatedness and increases in loneliness were also noted. For the 13 children who participated for 2 consecutive years and 3 children who participated for 3 consecutive years, increases in hope and decreases in loneliness were improved with each additional year of attendance. Conclusions: These findings demonstrate a positive shift in hope, loneliness and resiliency in children with heart conditions who attended camp consistently over several years. These findings highlight the potential impact that hope and perceived social support can be influential factors on resilience. Some limitations of this study included small numbers of participants, having data collection pre camp in the child’s home versus post camp at the campsite, and loss to follow up across years. Further research is needed to understand additional factors may influence resiliency in children with heart conditions. For children with chronic illnesses to successfully manage their healthcare, interventions tailored to encourage a sense of hope and social support may prove beneficial. References 1. Cushner-Weinstein, S., Berl, M., Salpekar, J.A., Johnson, J.L., Pearl, P.L., Conry, J.A., Kolodgie, M., Scully, A., Gaillard, W.D., Weinstein, S.L. (2006, October). The benefits of a camp designed for children with epilepsy: Evaluating adaptive behaviors over 3 years. Epilepsy & Behavior. Retrived July 27, 2012 from ScienceDirect. 2. Cushner-Weinstein, S., Walsh, K., Acosta, M., Packer, R.. Hope and perceived social support as predictors of resilience in children with Neurofibromatosis Type 1 [Abstract] 3. Prince-Embury, S. (2007). Resiliency Scales and Profiles: T Score Ranges. Resiliency Scales For Children & Adolescents: A Profile of Personal Strengths. Pages 25-26

Complications and functional outcomes after total hip arthroplasty and total knee arthroplasty: results from the Global Orthopaedic Registry (GLORY)

The Global Orthopaedic Registry (GLORY) has been designed to monitor a broad range of complications and outcomes that occur following total hip arthroplasty (THA) and total knee arthroplasty (TKA). GLORY provides global \u27real-world\u27 data, in contrast to the data generated by the controlled conditions of clinical trials. The results to date show an overall incidence of both in-hospital and post-discharge complications of approximately 7% in THA patients and 8% in TKA patients. The most common in-hospital complications in THA patients are fractures (0.6%) and deep-vein thrombosis (DVT) (0.6%), whereas in TKA patients DVT (1.4%) and cardiac events (0.8%) are most common. The most common post-discharge complications in both THA and TKA patients are reoperation due to bleeding, wound necrosis, wound infection, or other causes; and DVT. Bleeding complications were less common than other adverse events in both groups (in-hospital rates of 0.48% and 0.83%, respectively). Functional outcomes improved after surgery in both groups, as expected. Younger patients and patients who had been discharged directly to their homes seemed to have the greatest improvement in functional outcome after surgery

Quality-of-life aspects in idiopathic epilepsy in dogs

Quality of life (QoL) plays a significant role in the treatment of dogs with idiopathic epilepsy (IE), yet is so far understudied. This study describes the outcome evaluation of an online questionnaire based on the carer's perception focusing on 62 QoL questions in 159 dogs with IE. Results showed that seizure frequency, but not seizure severity or presence of cluster seizures, was significantly associated with carer-perceived dog's QoL. Dogs receiving third-line antiepileptic drugs had a significantly lower perceived QoL than those that did not. Generalised linear mixed model analysis demonstrated that severity of the side effects sleeping more and ataxia were significantly associated with carer-perceived dog's QoL, with higher severities predicting lower QoL scores. The degree of carer acceptability of seizure frequency and severity was significantly associated with the dog's reported seizure frequency and severity. Moreover, there was a significant association between IE-related QoL changes of the dog and the carer, with reductions in perceived canine QoL scores associated with reductions in carer QoL, and vice versa. In conclusion, aspects of canine IE can affect both the carer and their dog's QoL. This has implications for the management and requires consideration when treatment options and outcomes are discussed

A taste of the unfamiliar: understanding the meanings attached to food by international postgraduate students in England

Using findings from semi-structured interviews with international postgraduate students in England, this paper explores the meanings attached to the food they eat in a new culture. Our study, using interviews, aimed to uncover student responses to both the food they eat whilst abroad and to the food they have left behind. Many students criticised local English food as bland, fattening, and unhealthy; nevertheless, most showed an openness to new foods, trying not only local food but also dishes prepared by their international friends, but this sat alongside a strong attachment to their home country dishes. Eating together was a popular leisure activity, and food of the origin country or region was the most popular cuisine. Eating home country food offered emotional and physical sustenance; students felt comforted by familiar taste, and that their physical health was stabilised by the consumption of healthier food than was available locally. Despite acknowledgement of the importance of food to cultural identity and overall quality of life in the anthropology and nutrition literatures, there is a dearth of research into this aspect of the international student experience; this study, therefore, marks an important beginning