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1 Reprinted with permission from the Society of FSP. Reproduction prohibited without publisher's written permission. The Use of Nonqualified Structured Settlements in the Sale of Capital Assets by Steven R. Craig, CLU, ChFC, MSFS Blake M. Holler, Esq. Abstract: Structured settlements and the annuities used to fund them have long been used to assure tax-free payments to the victims of catastrophic injuries while transferring the liability for payment from one party (the defendant) to another (the life carrier s assignment company). In recent years there has been expanded use of structured settlements into other areas such as employment cases and business disputes. These nonqualified structures have given rise to new markets for structured settlements altogether. The structured sale is a concept that will be of interest to any financial adviser with clients who may be seeking tax deferral in selling a capital asset. This technique combines the installment sale rules covered by IRC Sec. 453 with structured settlement methodologies to create a way for the seller of property to combine the tax deferral of the installment sale with the safety of payments backed by a highquality annuity. This issue of the Journal went to press in February Copyright 2006, Society of Financial Service Professionals. Background Structured settlements are used by lawyers as a tool to bridge the gap between parties in a negotiated or litigated legal dispute involving a personal injury or a wrongful death. This article will describe some of the basics of the structured settlement market and the differences between structures that are qualified under IRC Sec. 130 and those not qualified under Sec We will then discuss the structured sale concept that has grown out of the nonqualified structured settlement. At the core of a structured settlement is an agreement by the plaintiff to accept a stream of periodic payments instead of a lump sum. While a structured settlement could be as simple as the defendant making payments over time, the plaintiff s attorney isn t likely to accept such a proposal. Since 1982 (when Sec. 130 was codified), if periodic payments were part of the negotiation, the parties have used a structured settlement with a qualified assignment of the periodic payment obligation and an annuity purchased by the assignee to guarantee those payments. This process has tax advantages to all involved. To the plaintiff, all payments under the annuity will be received income tax free. 1 The corporate defendant (or its casualty insurance carrier) gets a tax deduction for the payment in the year it is made and is released from any further liability or obligation. In a structured settle- Journal of Financial Service Professionals MARCH
2 ment of this type, using a process described later in this article, the owner of the structured settlement annuity is a domestic corporation but avoids the tax consequences that would normally be attributable to corporate owner of an annuity. 2 Section 130 is attractive for reasons other than just its tax benefits. The qualified assignment is also preferred by both parties in the transaction because, at the end of the process, the relationship between the parties is over. The defendants have paid their money and have no further obligation to fund periodic payments. The plaintiffs can feel secure in receiving payments from the life insurance company under the annuity contract. Both parties know that the plaintiff can look to no one other than the life company for payment. There exists a demand for structured settlements with an assignment of the periodic payment obligation even for cases that do not qualify for Sec. 130 treatment. An excellent example is in employment cases. In employment litigation, unlike personal injury, the cash award is taxable to the plaintiff as are the contingency fees paid to the plaintiff s attorney. Without the ability to spread payments over time, the plaintiff can be exposed to harsh tax consequences. 3 Unfortunately, using a traditional structured settlement arrangement with the life insurance company s assignment company doesn t work due to the adverse tax consequences to the company. 4 But having the defendant (employer) make unsecured periodic payments to the plaintiff (wronged employee) would have these bitterly adverse parties entangled financially for an extended period of time. A better solution needed to be developed. To avoid the problem of a taxable assignment company, two life insurance companies active in the structured settlement business have created nonqualified assignment companies to solve this problem. Their solution to the problem of how to avoid the taxes at the assignment company level was to domicile the assignment company offshore to avoid the tax problems of onshore corporate annuity ownership. In conversations that we ve had with one of these companies, we learned that the carrier looked at a number of countries as situs for this entity and finally chose Barbados over Ireland. One important factor was that while both countries have valid tax treaties with the United States 5 and are not seen as tax havens, the Barbadian dollar is fixed to the U.S. dollar and does not fluctuate, while currency conversion issues with the euro would complicate doing business with an assignment company in Ireland. Structured Settlements The Process As we turn our discussion to the use of nonqualified structured settlements in capital transactions, a description of some mechanics of the process itself will be extremely helpful. A structured settlement, in its purest sense, is the product of a negotiation between two parties that results in payments over time in exchange for something of value. A plaintiff accepts periodic payments and in exchange for making those payments, the defendant receives a release of all claims. The process followed by the parties in a settled legal dispute is surprisingly similar to a negotiated sale transaction. The parties each come to the table with an idea of what their proposition is worth. The plaintiff may start with a demand or the defendant may start with an offer. What follows may look like a series of counteroffers in a sale transaction. After the parties have agreed to the terms of the settlement, those terms are memorialized in a document called the settlement agreement and release. This document specifies the terms of the periodic payments the defendant will make to the plaintiff and that the plaintiff will release the defendant from all claims. This document is carefully drafted and any monies that subsequently flow are carefully handled to assure that the plaintiff does not have constructive receipt or, in any other way, spoil tax benefits. The next document that is executed is an agreement between the defendant and a third-party assignment company called the assignment. This document assigns all of the defendant s periodic payment obligations to the assignment company, which purchases the structured 80 MARCH 2006 Journal of Financial Service Professionals
3 settlement annuity from a life carrier. The annuity serves as the funding asset to meet the periodic payment obligation. The defendant will write a check to the assignment company, which is either a subsidiary or an affiliate of the life company writing the annuity. The assignment company will purchase and own the structured settlement annuity. The periodic payment terms the parties negotiate prior to the execution of these documents and the purchase of the annuity are subject to very few limitations. A single annuity contract can provide for a lifetime income stream, different streams of periods certain, and scheduled lump sums to meet a variety of cash flow needs that a claimant may have. Following this logic, we turn our focus to the sale of a capital asset. The Cash Sale Party A has asset Z for sale. B is an interested and qualified buyer. After A and B negotiate to a cash price, a sale agreement specifying the terms of the sale is written. When the terms of the agreement are met, B deposits the agreed amount into escrow and title to the property is transferred. The Installment Sale Party A has asset Z for sale. B is an interested and qualified buyer. A is interested in a tax deferral but is not sure of how to achieve it. One tax-favored way to dispose of a capital asset is the installment sale method. Installment sales, covered under Sec. 453, allow for payments to be taxed in the year received. The taxpayer files Form 6252 with his or her federal tax return in the year of the sale and in each year a payment is received. In the year of the sale, the form determines the profit percentage how much of each payment will be treated as capital gain. If basis is more than zero, a portion of each payment received will be treated as return of capital. A portion will be ordinary income, attributable to interest in the transaction. 6 While the installment sale method is tax friendly to A, he or she has a number of risks to bear: Credit risk reliance on B s performance over time. Repossession risk an outcome of credit risk. A may be forced to reclaim the collateral property Z at a reduced value. Prepayment risk early note disposition. Early repayment accelerates taxation and possibly forces reinvestment under less favorable conditions. Design limitations Due to risks noted above, it is prudent to not to stretch out payments (defer taxes) too long. The traditional installment sale method can be attractive to A, particularly if he or she wants to be an aggressive lender. By issuing an installment note to B, A can achieve his or her tax deferral objective and, as long as B meets his or her obligations, A achieves his or her goals. If A feels he or she can charge a high enough interest rate to bear the risks noted above, a traditional installment sale might be a suitable answer. As to repossession risk in a rising market, aggressive investors may see repossession more as an opportunity than a risk. But what if A likes the tax deferral of the installment sale but doesn t want to bear the risks inherent in the installment sale? Is there a suitable alternative? Blending the Structured Settlement and the Installment Sale The Structured Sale In the scenario above, A and B come to terms on the sale of the property, and negotiate to a cash price. A tells B that he or she wishes to enter into a structured sale and B agrees to cooperate. The structured settlement specialist works with A to determine how much of the negotiated cash amount will be taken upfront for any cash that A may want and for selling expenses, and then to determine how the periodic payments will be structured. An amendment to the sale agreement describing the periodic payments will be delivered to escrow. When the other terms of the sale agreement are met, B deposits the agreed cash amount into escrow and signs the assignment document. The escrow agent wires funds to the assignment company. After the close of escrow, B holds title to the prop- Journal of Financial Service Professionals MARCH
4 erty and A holds a note from B. B has assigned the payment obligation to a third party. The assignment company will begin making payments to A per the terms of the agreement, with the annuity as the funding asset. Under the terms of the assignment document, the life carrier may make annuity payments directly to A. Questions from Advisers While attorneys and CPAs are both familiar with installment sales, they may not be well versed in structured settlements. It is also likely that they have not seen these two tools used together, so they may have questions about the transaction. Is There a Problem with Constructive Receipt? Constructive receipt is not a concern if the transaction is properly handled. The structured sale process must be entered into before A has an unrestricted right to receive it immediately. 7 In a structured sale, the documents need to be placed in escrow so that funds can be wired to the assignment company on closing day. Constructive receipt will be a problem if, after escrow has closed, A has skipped all the formalities of the structured sale and has simply instructed the escrow agent to wire funds to the annuity company of A s choice. What about Economic Benefit? It should not be an issue here. Childs v. Commissioner 8 also addresses economic benefit as it relates to an assigned annuity contract. In this case, A has status that is no greater than that of an unsecured creditor of the insurance carrier issuing the annuity. Does This Transaction Result in Disposition of the Installment Note? Disposition of the note occurs when the note is actually paid off or if it were deemed to be constructively paid off. It is important not to accidentally create a disposition because taxes are due in the year of the disposition. 9 The assignment of the periodic payment obligation from B to the assignment company is not a disposition because A s position is not materially changed after the assignment. 10 If A Still Holds B s Note, Is B Still Liable for Payment under Any Circumstance? B s original note is not extinguished because the assignment company is not in the business of lending; it is in the business of making guaranteed payments. The assignment document, however, is clear that the assignee accepts all liability to make periodic payments. 11 Is the Annuity Safe from A s Creditors? Because the annuity is not owned by A (it is owned by the assignment company) the corpus of the sold asset is safe from creditors. This, of course, presumes the sale transaction itself was not entered into as a fraudulent conveyance. Does the Offshore Element of the Transaction Make It Risky? No. While the payment from B is made to the offshore assignment company, the money is sent immediately back to the domestic life carrier (where the premium is taxed). Applications of the Structured Sale While the different uses for this technique are just beginning to be explored, two areas that appear to be natural are in business succession planning and in the sale of real estate. Following are two simple case examples. The Retiring Business Owner Business owner Joe, age 60, owns 51% of a closely held corporation with Dave and Gary. Their buy/sell agreement has a formula calling for the purchase of a withdrawing shareholder s stock by the remaining shareholders. Joe s shares are valued at $2 million and, per the terms of the agreement, Gary and Dave are to make quarterly installments of principal and interest at the applicable federal rate mid-term rate over seven years. Joe is ready to step aside, but both buying and selling parties 82 MARCH 2006 Journal of Financial Service Professionals
5 have some concerns: While Joe respects and trusts Dave and Gary and will hold a security interest in the business during the buyout period, he is not interested in the prospect of being forced out of retirement if things do not work out as planned. Joe would like to retire in another part of the country. Dave and Gary are concerned about the $82,000 quarterly payments that must be made to fund the installment note. They would prefer a longer funding period to reduce the financial burden on them. All parties are willing to renegotiate the terms of Joe s buyout if a mutually agreeable result can be achieved. Using the structured sale approach, the following result can be achieved. Dave and Gary negotiate a 10% valuation discount on Joe s shares and fund the transaction with $1.8 million, which they finance partly with cash and partly through using their line of credit. Debt service will be significantly less than required under the buyout agreement. Joe receives payments of $41,000 per quarter over 15 years without the risk of being forced out of retirement to help protect his interest in the business. The assignment company is the responsible payor, but it is backed by a promise to pay from the life company issuing the annuity. Joe more than doubles the period over which he will pay taxes on the sale of his business interest. Older Couple Liquidating a Real Estate Position Real estate investors are notoriously tax averse and a couple, Mike and Lynne, are no different. They have utilized Sec tax-deferred exchanges over their investment career but now would like to get out of the business of owning and managing rental real estate. Their CPA has suggested options such as a Sec exchange into a tenant-in-common investment (TIC) 12 and an installment sale carrying the paper themselves. Both options carry risks that Mike and Lynne are not interested in bearing. A structured sale would work this way: After Mike and Lynne get an acceptable offer from a qualified buyer, they make a counter offer asking that the buyer cooperate with the structured sale. Assuming the buyer agrees, the sale agreement includes additional language that sets up a 20-year payment stream based on the cash price that had been negotiated. The structured sale delivers the desired results without the risks of other deferral methods. Ethical and Other Issues to Consider No Track Record The structured sale is built on two time-tested techniques the installment sale and the structured settlement. When combined this way, they become a single new technique with no track record of its own. Because of this, practitioners advising clients on structured sales have a greater than normal ethical obligation to provide full disclosure to all involved in the transaction. For the structured sale to work, the financial adviser must act as an educator and a process facilitator, not a salesperson. First, the seller of the property (who will achieve the desired value and tax benefits for his or her property) and his or her own tax and legal advisers must become comfortable with this technique. Then, the buyer of the property (who will gain no benefit from the structure) and his or her advisers must understand it so that they will cooperate. In addition, real estate agents, business brokers and escrow officers who typically deal in boilerplate transactions must be educated early in the process. If educating these people is left until the end, with the escrow time clock running out, the seller may be forced to accept a cash sale because key players didn t know the rules to the game. Limited Product Availability with Limited Access Of the two annuity writers with offshore assignment companies, only one is currently using its product for structured sale transactions. The other company plans to start later in We have had Journal of Financial Service Professionals MARCH
6 conversations with two additional companies that are presently developing their own offshore assignment companies and have given initial indication that they are interested in structured sales, but there is no firm date as to when they will enter the market. We believe the market for structured sales will benefit with added competition and capacity. Structured settlement annuities simply aren t available through traditional distribution outlets for retail annuities, so financial advisers wanting to use the structured sale technique will need to work collaboratively with a structured settlement broker that is well versed in the technique. There still exists a risk that as the public becomes more aware of this technique, unscrupulous or lazy financial advisers wanting to use traditional retail annuities may simply try to mimic the process without the formality of the assignment. This, of course, will cause negative outcomes for the client, who will lose the desired tax benefits and will likely cause malpractice litigation against the financial adviser and any other adviser who may have participated in the improper transaction. Conclusion The structured sale represents a unique opportunity to provide new solutions for a client who wishes to sell a capital asset and wants, in return, tax deferral on the sale proceeds and the safe, predictable income that can be provided by an annuity. While the structured sale technique is new, we believe that if it is implemented properly, it is a suitable approach for a conservative client. Ultimately, each client should rely on his or her own competent tax and legal advisers before entering into a transaction. Steven R. Craig, CLU, ChFC, MSFS, is president of SF Partners, a financial services firm specializing in life insurance and structured settlements located in Woodland Hills, CA. He has had numerous articles published in the trade and mainstream press during his 20-plus-year career. Mr. Craig can be reached at Blake M. Holler, Esq., is general counsel of SF Partners. He is a graduate of UCLA and Southwestern University School of Law. He has practiced corporate and trial law in Southern California. (1) While a lump sum settlement is tax free under 104 (a)(2) under 130, all payments under the annuity are tax-free. (2) Regarding the assignment company, IRC 130 states, Any amount received for agreeing to a qualified assignment shall not be included in gross income to the extent that such amount does not exceed the aggregate cost of any qualified funding assets. Normally, under corporate ownership of an annuity, IRC 72(u) would apply. Sec. 72(u) treats as income any income received or accrued during a calendar year where the annuity is owned by a nonnatural person. (3) In discrimination cases, plaintiffs get an above-the-line tax deduction for legal fees. All others report legal fees as a miscellaneous itemized deduction, subject to the 2% deductible. If subject to the alternative minimum tax these deductions may be lost altogether. (4) Without the 130 protection, the assignment company would be taxed when it receives payment from the assignor, then would purchase the annuity from the life insurance company (its parent) using nondeductible dollars. The parent would in turn report the premium received as taxable income. (5) TIAS C.B (6) 453. (7) Childs v. Commissioner, 89 F.3d 856; 1996 U.S. Appeals. Childs is the seminal case for attorneys being allowed to structure their legal fees. The case in essence gave the benefits of an assigned structured settlement annuity to someone who was not a claimant in a legal action, providing that constructive receipt and economic benefit and not been broached. (8) Ibid. (9) 453. (10) Rev Rul This ruling addresses the issue of whether the substitution of a new obligor would be a disposition of an installment note under 453 of the Code. When the actions of the obligor result in a change, such as a transfer to a third party, such a change is ordinarily not treated as a disposition because the change has not materially changed the rights arising from the original transaction. (11) Sample assignment language: The Assignor hereby assigns and the Assignee hereby assumes all of the Assignor s liability to make Periodic Payments. (12) TICs are a relatively new ownership form in the 1031 exchange market. Often real estate investors will enter into a 1031 exchange, relinquishing a rental house or a small apartment building to acquire an interest in a TIC. This type of ownership may allow them to make like-kind exchanges of smaller properties into a fractional interest in a much larger property and not be involved in the management of the smaller property. 84 MARCH 2006 Journal of Financial Service Professionals
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account statement a record of transactions in an account at a financial institution, usually provided each month
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text: Dog food IAMS Adult Small/Medium Breed Rich Chicken is balanced nutrition for dogs of small and medium breeds up to 25kg with normal activity levels. The specially adjusted proportions of proteins, fat and carbohydrates ensure optimum provision with all nutrients your dog needs, for visible health! Iams Adult Rich Chicken is dog nutrition for the life-long support of your dogs health. The Dental Care System supports daily tooth care and reduces the new build-up of tartar. Product attributes: High-quality animal protein (at least 25%): Meets your dogs specific nutritional needs and supports its body and organ functions Dental Care System: Reduces new build-up of tartar Carbohydrate mixture (sorghum and barley): Promotes a moderate increase in blood sugar level after the meal High omega-3 fatty acids content: Important for pure, healthy skin and a shiny, silky coat Sugar beet shavings: For a healthy digestive tractCheck stock and price

subset: commoncrawl


text:
App of the Week
Published 4:00 am, Monday, April 16, 2012
Photo: IToyToy
In a nutshell: Emoji is an app that adds cool, tiny emoticons and pictures to your iPhone's virtual keyboard ("E" + "moji" is Japanese for "picture" and "letter"). Once you download the app, follow the short instructions for installing it. Now you can add happy faces and pics of monkeys to your text messages, e-mail and notes.
Cool factor: One key on your iPhone's keyboard gives you quick, easy access to more than 450 emoji characters, including emoticon faces, holiday-themed icons, animals and more.
Note: This 99-cent iOS app is made by iToyToy.com.


text:
The powerful San Francisco Democratic County Central Committee is, once again, having elections come November. You'll be confronted, once again, with a ballot that's filled with a bunch of names, most of which you've never heard of, and the obligation to check off your dozen favorites.
If you want, you can head over to the intersection of Market and Octavia this Saturday, April 3, 2010 and then head into the the LGBT Center's Ceremonial Room from Noon to 5:00 PM. Then you'll be able to see and hear some of the candidates for DCCC in 2010 address members of the Harvey Milk LGBT Democratic Club.
They'll all be answering a few questions from the crowd. (I don't know if you need to be a member of the club to drop by, but you should be able to join the club, of course, if you want.)
The 12th District (Assemblywoman Fiona Ma country) reps the west side and 13th District (Assemblymember Tom Ammiano country) reps the east side of town, mas o menos. Find your district and see if any of these folks will be one of your twelve favorites:
DCCC DISTRICT 12th CANDIDATES:
John Avalos
Michael Bornstein
Andrew Clark
Sandra Lee Fewer
Chris Gembinski
Hene Kelley
Tualatai Mamoe
Eric Mar
Milton Marks
Jake McGoldrick
Jane Morrison
Melanie Nutter
Kelenia Olsen
Connie O'Connor
Arlo Smith
David Wong
Larry Yee
DCCC DISTRICT 13th CANDIDATES:
Melissa Ann A. Apuya
David Campos
David Chiu
Ryan Clary
Michael Goldstein
Robert Gabriel Haaland
Rick Hauptman
Hope Johnson
Joseph Julian
Leslie Katz
Rafael Mandelman
Kim-Shree Maufas
Carole Migden
Owen P. ODonnell
Aaron Peskin
Eric Quezada
Alix Rosenthal
Tom Taylor
Joe Alioto Veronese
Debra Walker
And the San Francisco Bay Guardian has just issued its endorsements for the DCCC today.
Choose or lose…
And, oh yes, Alex Volberding would like everyone to know that he too is running for the DCCC in the 12th. But the two lists above aren't exhaustive, they just show who plans on showing up at the next Milk Club PAC meeting. (The entire exhausting list of candidates for S.F. has 51(!) names this go-around.)
Tags: 12th, 13th, a, Aaron Peskin, Alex Volberding, alix rosenthal, Andrew Clark, ann, Apuya, Arlo Smith, carol migden, Carole Migden, center, central committee, Chris Gembinski, club, Connie O'Connor, county, david campos, David Chiu, David Wong, dccc, debra Walker, Democrat, democratic, democrats, district, elections, endorsements, eric mar, Eric Quezada, Gabriel, Gabriel Haaland, Gay, Haaland, Harvey Milk, Hene Kelley, Hope Johnson, Jake McGoldrick, Jane Morrison, Joe Alioto Veronese, john avalos, Joseph Julian, Kelenia Olsen, Kim-Shree Maufas, Larry Yee, Lesbian, Leslie Katz, LGBT, meeting, Melanie Nutter, Melissa, Melissa Ann A. Apuya, Melissa Ann Apuya, Michael Bornstein, Michael goldstein, Milton Marks, owen o'donnell, Owen P. ODonnell, pac, party, rafael mandelman, rick hauptman, robert, Robert Gabriel Haaland, robert haaland, Ryan Clary, San Francisco, San Francisco Bay Guardian, Sandra Lee Fewer, sfbg, Tom Taylor, Tualatai Mamoe, vote, voting


text:
I have observed
- that the "Incoming Links" section on my dashboard never changes,
- that when I click on "more", the latest post the Google blogsearch comes up with is dated Feb 8th (a "normal" google search, however, shows a post from March 14th),
- that the latest post technorati shows is 56 days old,
- that I no longer have to moderate comments when I link to articles from my blog.
The "search engines" feature under "general options" > "general" is activated, and I have never disallowed pings for a single post. So I believe there must still be something wrong with the the trackbacks.
Any ideas what I could do about this?
Feedback submitted the other day.
Many thanks in advance.


text:
By PETE THAMEL; Jack Begg contributed research, Thayer Evans contributed reporting and Nate Schweber contributed reporting from Pennsauken, N.J.
Published: April 5, 2008
Under the moonlight here, the Riverwalk bustles with coaches, administrators and players in town for the men's college basketball Final Four.
William Wesley strolls through this world -- his world -- with a confident gait, his head high and a nod for almost everyone he passes. It takes only a few steps to assess his influence.
Syracuse Coach Jim Boeheim and St. Joseph's Coach Phil Martelli offer him a seat at their dinner table. A few steps away, assistant coaches from the America East to the Southeastern Conference reverently shake his hand. Wesley rubs the belly of Leon Rose, the agent for LeBron James, and whispers in the ear of a prominent ticket peddler.
All the players here -- those in the game and those who run it -- know and love William Wesley. They call him Wes, or Uncle Wes, or World Wide Wes.
''There goes the most powerful man in all of basketball,'' one coach said softly as Wesley walked by. One of his dinner mates responded, ''Who?''
Wesley is known to the people in the know but remains a face in the crowd to most everyone else. And that is how he likes it.
In recent years, he has extended a puzzling and powerful reach throughout sports. A confidant of Michael Jordan, a close friend of James and a sideline presence from summer basketball games to the N.B.A. finals to the Super Bowl, Wesley has gained power through his connections. He has the ear of N.B.A. owners and junior high phenoms alike. He had strong enough ties in the music and sports worlds to introduce James and Jay-Z.
''What Paris Hilton has done in Hollywood, Wes has done in the sports world,'' said Michael Irvin, the former star receiver in the N.F.L. who now does a radio show for ESPN. ''Whoever is winning a championship, Wes is there associated with them. He's never played a down or shot a basket, but he's a superstar anyway.''
Recently, Wesley's profile in the world of elite college basketball recruiting has increased. He has been linked with the family of the Memphis star freshman Derrick Rose and to one of the country's top high school players, Tyreke Evans.
What does Wesley do? How does he make his money? How did he become so influential? The questions are often greeted with more questions.
''Whether college, professional or youth basketball, shoe companies or media, U.S. or international, I would guess that Wes is as connected as any individual that I've observed,'' said Jim Delany, the commissioner of the Big Ten Conference. ''That said, I still don't know much about him.''
Delany, who is considered one of the most powerful people in college sports, told Wesley he would love to have him help Big Ten programs recruit players if he knew for sure that what Wesley was doing was allowed.
''Is he or is he not subject to the rules that limit a representative of the school?'' said Delany, a former N.C.A.A. investigator. ''That's a fundamental question. It's a very difficult issue.''
LuAnn Humphrey of the National Collegiate Athletic Association enforcement staff has been asking college coaches and administrators about Wesley's role in recruiting for months. Myles Brand, the N.C.A.A.'s president, said: ''Am I concerned about people who have an influence on basketball that one might not consider healthy, leaving aside this one individual? You bet, all the time.''
Wesley is tough to read. His official job is as a mortgage broker with Greentree Mortgage, with athletes as his primary clients, but he has branched out far beyond housing. Wesley rarely does interviews. But he spoke by phone a dozen times and met in person with a New York Times reporter for about three hours in San Antonio this week. Most conversations began with, ''Are we off the record?''
His reluctance to speak only causes the mystery to grow.
''If someone brought him in for show and tell, I'm not quite sure what Wes would present,'' Connecticut Coach Jim Calhoun said. ''It was easy to identify Sonny Vaccaro because of Nike and later Adidas. It was easy to identify David Falk because of the players he represented. It's difficult to identify Wes, but in some ways he's a power broker of the same scale.''
Wesley has close ties to the Memphis Tigers, one of the four teams here this weekend. Wesley has been friends with Memphis Coach John Calipari since the mid-1980s, when Calipari was recruiting in New Jersey, where Wesley grew up, for Kansas.
In February, a day before No. 1 Memphis played No. 2 Tennessee in the regular season, Wesley grabbed rebounds for one of the Tiger players shooting free throws. On game day, he mingled on the floor with the team, sat directly behind the bench, walked off the floor with the players at halftime and joined them in the postgame handshake line.
At the Nike-sponsored LeBron James Skills Academy last summer in Akron, Ohio, Wesley worked his connections.
Michael Gilchrist, a 6-foot-6 high school freshman who has already said he will play at Memphis, did not play in the camp. But he hung around there, mostly with Wesley and the Memphis star Chris Douglas-Roberts.
At one point, James told Wesley, ''Hey, I'm going to grab some lunch.'' Wesley responded, ''Why don't you bring Little Mike with you?''
It is vintage Wesley, using one relationship to build another.


text:
We've got 0 shorthands for SJ »
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What does SJ mean?
- sj
- .sj is the Internet country code top-level domain reserved for the designation Svalbard and Jan Mayen. The domain name registry is Norid, but .sj is not open for registration. The issuing of the domain was based on the ISO 3166 designation of Svalbard and Jan Mayen, which consists of two separately administrated integrated territories of Norway: the Arctic archipelago Svalbard and the nearly uninhabited volcanic island Jan Mayen. .sj was designated on 21 August 1997, at the same time as Bouvet Island was allocated .bv. Both were placed under the .no registry Norid, which is also the sponsor. Norwegian policy states that .no is sufficient for those institutions connected to both Svalbard and Jan Mayen, and therefore the domain is not open to registration. It is Norwegian policy not to commercialize domain resources, so there are no plans to sell .sj. Should the domain later come into use, it will be under regulation of the Norwegian Post and Telecommunications Authority and follow the same policy as .no.
"SJ." Abbreviations.com. STANDS4 LLC, 2018. Web. 19 Mar. 2018. <https://www.abbreviations.com/SJ>.


text:
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text:
Robert E Truex born NY/Canadian ca 1838
In 1838 my Great Grandfather was born in New York, However, His Parents wereFrench Canadian's.
I am searching for any information on him or his family.
He married Sarah E Keltner in Macoupin Co ILL about 1864.
ANY help or knowledge of NY /Canadian Truex lines please email me..


text:
There may be no better day to reflect on hunger than the day after Thanksgiving when lots of Americans are feeling a bit like stuffed turkeys themselves. But certainly not all Americans enjoyed a traditional feast.
"The recent rise in certain economic indicators is being embraced by some as the recipe for ending the economic stress of the past three years and giving hope for all Americans this Thanksgiving. The spiking gross domestic product (GDP), lower unemployment numbers and new job creation figures are hailed as harbingers of future rising profits and pension funds. But another harder truth lies behind these numbers. More American families continue to fall into poverty and find it difficult to put a Thanksgiving dinner on the table for their children," wrote David Beckmann, president of Bread for the World Institute, in The Washington Times earlier this week.
According to numbers released in October from the Agriculture Department, about 12 million families in the United States worried that they could not afford to buy food in 2002; 32 percent of those families experienced someone going hungry at one time or another.
"...(T)he department estimated that 3.8 million families were hungry last year to the point where someone in the household skipped meals because they couldn't afford them. That's an 8.6 percent increase from 2001, when 3.5 million families were hungry, and a 13 percent increase from 2000," The Associated Press reported.
With abundant supplies of food, supermarket shelves loaded with good things to eat, restaurants everywhere one turns and millions battling obesity, that there is hunger in America should be as paradoxical as Alaska with a $26 billion savings account saying it has no money for education, public safety and roads.
Alaska does have money in the bank, but America's poor are struggling to put food on their tables. Bread for the World estimates the U.S. could cut hunger in the country by half at a cost of $6 billion per year, about six cents per American per day.
Leaders at all levels of government, however, need to know that eliminating hunger from the world's most powerful nation and the nation's wealthiest state are priorities of the people. But Americans who have something to share don't have to wait for government to act. There are several nonprofit agencies working to eliminate hunger, including here on the Kenai Peninsula, that would welcome your help.
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Results 1 to 5 of 5
Thread: Light Distro for Home Use
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05-21-2011 #1
Light Distro for Home Use
I have here a small netbook to install a Linux distro. It have a 700MHz processor with 512Mb of RAM memory and - the problematic point - 2 Gb of disk (flash memory). I tried to install the 'light' versions of Ubuntu - XUbuntu and LUbuntu - and the netbook remix. The XUbuntu installed ok, but remains only ~50Mb on disk. LUbuntu and the Ubuntu Netbook Remix don't install due the disk space.
I want some suggestions for a light distro to be installed. It will be used for basic home tasks - Internet surf, instant messaging, PDF Reader, play music (maybe video) and basic text editor. Can someone suggest a distro for me?
05-22-2011 #2
With low resource laptops I have had good luck with Legacy, AntiX, and Puppy linux. You can go to distrowatch.com and search for netbook oriented linux distro's, older computers, etc. Also, you can research the choices more fully by going to <Linux> - Google Search, and typing in the distro you are interested in. Good luck, and if one doesn't work, keep searching.Registered Linux user #526930
05-22-2011 #3
- Join Date
- Jul 2008
- Posts
- 4,600
AntiX 11 base i686 iso
I am recommending the base iso which comes with Flux box Desktop, AntiX is based on Debian Testing with Mepis 2.6.36 kernel. Should fit fine on 2 gig flash, Plus has synaptic and all the tools you will ever need from Debian repositories also. Good Helpful forums at mepis lovers and AntiX . So 2 forums for one distro Good Solid Distro (I am prejudiced of course) . You can also move /home from /
to a external flash drive if you have a SD slot available in your laptop.
My EEEPC 900 install
Another honorable mention Welcome to Swift Linux | Swift Linux which is a spin on AntiX also.
Been running my eeepc 701 with AntiX 8.5 as a rolling release for about a year now also.
:~$ inxi -Fr System: Host antiX1 Kernel 2.6.38-3.dmz.1-liquorix-686 i686 (32 bit) Desktop IceWM 1.3.7 Distro antiX-M8.5-686-update 27 July 2010 CPU: Single core Intel Celeron M (-UP-) cache 512 KB flags (nx sse sse2) bmips 1795.42 clocked at 897.712 MHz Graphics: Card: Intel Mobile 915GM/GMS/910GML Express Graphics Controller bus-ID: 00:02.0 X.Org 1.9.5 Res: email@example.com GLX Renderer Mesa DRI Intel 915GM GEM 20100330 DEVELOPMENT x86/MMX/SSE2 GLX Version 1.4 Mesa 7.10 Direct Rendering Yes Audio: Card Intel 82801FB/FBM/FR/FW/FRW (ICH6 Family) High Definition Audio Controller driver HDA Intel bus-ID: 00:1b.0 Sound: Advanced Linux Sound Architecture Version 1.0.23 Network: Card-1 Realtek RTL8187SE Wireless LAN Controller driver r8180 port d800 bus-ID: 01:00.0 Card-2 Atheros AR8121/AR8113/AR8114 Gigabit or Fast Ethernet driver ATL1E port ec00 bus-ID: 03:00.0 Disks: HDD Total Size: 8.1GB (-) 1: /dev/sda ASUS 8.1GB Partition: ID:/ size: 7.4G used: 3.4G (48%) fs: rootfs Sensors: System Temperatures: cpu: 60.0C mobo: N/A Fan Speeds (in rpm): cpu: 1430 Repos: Active apt sources in file: /etc/apt/sources.list deb http://ftp.ca.debian.org/debian/ testing main contrib non-free deb http://security.debian.org/ testing/updates main contrib non-free deb http://www.debian-multimedia.org testing main non-free deb http://liquorix.net/debian/ sid main deb http://ftp.belnet.be/mirror/liquorix.net/debian sid main deb http://eeepc.debian.net/debian sid main contrib non-free deb-src http://eeepc.debian.net/debian sid main contrib non-free Info: Processes 99 Uptime 1:38 Memory 197.3/1000.6MB Runlevel 5 Client Shell inxi 1.5.0I refuse to let fear and fear of others rule my life. It puts my humanity at risk.
Accepting Death is the only way to stay alive.
05-22-2011 #4
I've installed Puppy Linux. It surprised me: I created a 400Mb partition for swap - remaining 1.4Gb for the system. It installed ok, and after I installed Opera and Pidgin messenger. After all, it remains with 925Mb of free space in the disk!
Very very good!!!
06-11-2011 #5
(1) Puppy Linux uses 128 Megabytes for OS. Runs in RAM. Comes with some default native applications.
Applications (like OpenOffice) are downloaded as squash files to your Data partition.
Runs nicely even if only via the Live-CD, deposits applications to your Data partition.
Very secure.
(2) TinyCore Linux, uses 10.3 Megabytes for OS. Runs in RAM. Contains very few native packages.
Applications (like OpenOffice) are downloaded as gZip files to your Data partition.
Runs nicely even if only via the Live-CD, deposits applications to your Data partition.
Very secure.
(3) Ubuntu Linux uses 1.5 G for OS and default packages.
Applications (like OpenOffice) are downloaded to be within the OS partition.
I run all these and more on a single computer HD.


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A couple of weeks ago, we learned that Hillary Rodham Clinton was getting $200,000 a speech. (Go here, for example.) My reaction was: Well, it's a free country, and I'm a free-marketeer. And if someone wants to pay HRC 200 grand for a speech, fine. I think it's a little weird, though: I don't believe I have ever heard her say anything interesting — and she's been on the public stage since about 1991. Also, I don't believe she can be relied on to tell the truth.
Well, here's another reaction, or thought: People used to condemn politicians and other public servants for "cashing in." As a rule, this condemnation came when those cashing in were Republicans.
Bill Clinton has become a zillionaire, right? And Al Gore has become a mega-zillionaire. Have they cashed in? Is Hillary Clinton cashing in?
I remember the great furor — the storm of condemnation — when Ronald Reagan took $2 million for two speeches in Japan. This was about nine months after he left the White House. An old Reaganaut said that the money was meant to be "the Reagans' retirement fund."
A little Googling gives me this article from People: "Eight Days in Japan Earn Ron and Nancy $2 Million — Now That's Reaganomics." You can imagine how the article went. "Was it appropriate, critics asked, for a former President to cash in on his White House luster so blatantly?" The magazine found a professor to say, "The founding fathers — Washington, Adams, Jefferson, Madison — would have been stunned that an occupant of the highest office in this land turned it into bucks."
And here is something from the Los Angeles Times: "Reagan's Fall From Grace: The $2-Million Japan Tour, Nancy's Vengeful Memoirs and Legal Battles Over the Iran-Contra Affair Have Made His Retirement Anything but Restful." Again, the article went just as you'd expect: "For the Great Communicator, whose standing plunged when he accepted the speaking honorarium from Japan's Fujisankei communications conglomerate last October, the main impression to be overcome is that he has been inappropriately cashing in on his eight-year presidency."
#ad#The 1980s — i.e., the Reagan years — were routinely called a "Decade of Greed." That was the great and constant term, from the media, academia, and Hollywood: "Decade of Greed." They had to say this, because they couldn't say that Reaganite economic policies weren't successful. They couldn't say that unemployment didn't plunge or that growth wasn't spurred — so they had to call those years a "Decade of Greed."
Oddly enough, the 1990s, which were also good — thanks largely to the tech boom — were not called a "Decade of Greed."
Googling around, I noticed a headline over a George Will column from January 1992: "In Reagan's Decade of 'Greed,' Charitable Giving Soared to New Heights." Oh, yes.
The world tires of conservatives' complaints about double standards in the media. I understand this. But I tire of the double standards themselves.
‐Seeing as we're walking down Memory Lane, a little bit, let me tell you this: A lot of conservatives say, "I can't believe that Barack Obama is president." I know what they mean. But even more, I can't believe that Joe Biden is vice president, and that John Kerry is secretary of state.
I'm sure I know why. Obama had been in public life for about two seconds before the people, in their wisdom, elected him president. He had been in the Senate for four years. He had not left much of an impression, at least on me.
But Biden and Kerry? I can't remember a time without them, really. They have been in the Senate forever — or, they had been. And they were wrong about virtually everything, in my opinion. The Cold War, they got spectacularly wrong. "Reaganomics." I could go on and on. Biden was just kind of goofy, and occasionally nasty, but Kerry, it seemed to me, was a committed leftist: He was emotionally pro-Sandinista, in my judgment.
So, marvel if you will that Barack Obama is president. The staggering thing, to me, is that Kerry is secretary of state, and that Biden is vice president. Elections are a reflection of a people (in a democracy). This is unnerving.
‐Hell, given that Biden and Kerry are there, I'm surprised that Chris Dodd doesn't hold some high position! Why not bring back Ron Dellums?
#page#‐Correct me if I'm wrong: After O. J. Simpson was acquitted, there were no riots. There was no organized grievance. And he had clearly murdered two people in cold blood.
‐Correct me if I'm wrong: The parents of George Zimmerman are in hiding, owing to death threats. The president spoke at length about the Zimmerman-Martin case. Couldn't he have found the time to say something about Zimmerman's parents? Something like "No matter how we feel about the outcome, the defendants' parents shouldn't be in hiding"?
Wouldn't a large-minded president have included something like that? Someone Lincolnian?
But that is asking too much, certainly now. (And it's way too much to ask of this president that he say, "The defendant himself ought not to be in hiding. This is America. We are a nation of laws.")
‐I want to give you a link to a radio conversation: It's here. The conversation is between the estimable Seth Leibsohn and me. The show is Seth's Arizona Politics and Culture. We talk about the current issue of Rolling Stone and related matters. Rolling Stone? Its cover shows the Boston bomber — the surviving one — as a kind of pin-up. Soft and pretty, as I've said. He's almost a David Cassidy for our times. Justin Bieber may be a little jealous.
In our conversation, Seth brought up an apt phrase from the past: "the banality of evil."
#ad#‐Let's turn to some language: I've noticed that Eliot Spitzer keeps using the word "fulsome." In an interview with The Daily Beast, he said that, in his campaign, he will "spend enough so that the public can hear my voice and we can have a fulsome debate and conversation." In an interview with CNN, he said, "I think I've answered all the questions, your questions, appropriately asked, and I will do my best to be fulsome in those answers, but at a certain point, I do think that, as to certain things, our private lives are our private lives."
Okay. What's going on? Many people say "fulsome praise" when they mean "a lot of praise." Fulsome praise, however, is praise that is "offensive to good taste," "excessive," "overdone," or "gross."
I have quoted from the first definition of "fulsome" as given here — at Dictionary.com. The second definition is "disgusting; sickening; repulsive: a table heaped with fulsome mounds of greasy foods." The third is "excessively or insincerely lavish: fulsome admiration."
Then there is the fourth definition, which gets Spitzer off the hook: "encompassing all aspects; comprehensive: a fulsome survey of the political situation in Central America." (The fifth and final is "abundant or copious.")
I still doubt that Spitzer has a grasp on the word. Maybe I'm wrong.
‐In this column, as in life, I love to quote Jim Leyland, the Detroit Tigers' manager. During the All-Star break, he said, "I think we've done pretty good. I think some people think you're supposed to walk away with the Central [Division] and be in the playoffs and go to the World Series. It just doesn't work like that."
When he said "some people," he might as well have been pointing directly at me. I'm guilty as he charges.
‐For the past several days, I've been in California, and I was going to do you a little California Journal. But I think I'll just make one note. It is this: California, for all its problems, is still California. It's still beautiful, beguiling, breathtaking. Still a Golden State. And hard to beat.
The old saying is true: If the Pilgrims had landed there, instead of on the East Coast, the country would never have developed. No one would have pushed east. They would have stayed, content.
Earlier in the year, I was in Fresno, talking to some friends of mine, and their friends. These were all businesspeople. I did a piece called "An Entrepreneurial Life: Pictures from struggling, wonderful California."
My friend Richard Spencer said to me — I'm paraphrasing now — "People ask me, 'Why don't you move to Idaho, or to Texas, or to North Carolina, or to Nevada, or someplace else? Why don't you go where the business environment is friendlier?' The truth is, I like California. I don't want to leave California."
I understand him. I understand the people who leave. But I also understand those who couldn't be dragged away by wild horses.
And Fresno, mind you, is not generally regarded as a beauty spot. It's a long way from the coast. It is one of the most depressed areas, economically, in all the United States. But still . . .
I wish California were still governed by George Deukmejian or Ronald Reagan. I wish John Wayne still lived here, in more than one sense. I think that, in electing the likes of Jerry Brown and Barbara Boxer, Californians have put their state in the toilet.
Still, what a toilet!


text:
Generic Name: daunorubicin (DAW noe ROO bi sin)
Brand Name: Cerubidine
What is Cerubidine?
Cerubidine is a cancer medication that interferes with the growth and spread of cancer cells in the body.
Cerubidine is used in the treatment of leukemia (blood cancer).
Cerubidine may also be used for purposes not listed in this medication guide.
Important Information
Cerubidine may cause dangerous effects on your heart. Call your doctor at once if you have chest pain, shortness of breath (even with mild exertion), swelling, or rapid weight gain.
Cerubidine can lower blood cells that help your body fight infections and help your blood to clot. You may get an infection or bleed more easily. Call your doctor if you have unusual bruising or bleeding, or signs of infection (fever, chills, body aches).
Before taking this medicine
You should not use Cerubidine if you are allergic to it.
To make sure Cerubidine is safe for you, tell your doctor if you have:
heart disease;
kidney disease;
a weak immune system (caused by disease or by using certain medicines); or
if you have ever been treated with doxorubicin, epirubicin, idarubicin, mitoxantrone, or liposomal Cerubidine (Daunoxome).
Using Cerubidine may increase your risk of developing other types of leukemia. Ask your doctor about your specific risk.
Do not use Cerubidine if you are pregnant. It could harm the unborn baby. Use effective birth control, and tell your doctor if you become pregnant during treatment.
It is not known whether Cerubidine passes into breast milk or if it could harm a nursing baby. You should not breast-feed while using this medicine.
How should I use Cerubidine?
Cerubidine is injected into a vein through an IV. A healthcare provider will give you this injection.
Before you receive each dose of Cerubidine, your heart function may need to be checked with an electrocardiograph or ECG (sometimes called an EKG). Your kidney and liver function may also need to be checked.
Tell your caregivers if you feel any burning, pain, or swelling around the IV needle when Cerubidine is injected.
Skin accidentally exposed to Cerubidine should be rinsed thoroughly with soap and warm water.
Cerubidine can lower blood cells that help your body fight infections and help your blood to clot. Your blood will need to be tested often. Your cancer treatments may be delayed based on the results of these tests.
What happens if I miss a dose?
Call your doctor for instructions if you miss an appointment for your Cerubidine injection.
What happens if I overdose?
Since this medication is given by a healthcare professional in a medical setting, an overdose is unlikely to occur.
What should I avoid while using Cerubidine?
Avoid being near people who are sick or have infections. Tell your doctor at once if you develop signs of infection.
This medicine can pass into body fluids (urine, feces, vomit). For at least 48 hours after you receive a dose, avoid allowing your body fluids to come into contact with your hands or other surfaces. Caregivers should wear rubber gloves while cleaning up a patient's body fluids, handling contaminated trash or laundry or changing diapers. Wash hands before and after removing gloves. Wash soiled clothing and linens separately from other laundry.
Cerubidine side effects
Get emergency medical help if you have signs of an allergic reaction: hives; difficult breathing; swelling of your face, lips, tongue, or throat.
Call your doctor at once if you have:
chest pain, shortness of breath (even with mild exertion), swelling, rapid weight gain;
fever, chills, body aches, flu symptoms, sores in your mouth and throat;
easy bruising, unusual bleeding (nose, mouth, vagina, or rectum);
nausea, upper stomach pain, itching, loss of appetite, dark urine, clay-colored stools, jaundice (yellowing of the skin or eyes); or
pain, burning, irritation, or skin changes where the injection was given.
Common side effects may include:
temporary hair loss, mild itching or rash; or
red colored urine for 1 or 2 days following a dose.
This is not a complete list of side effects and others may occur. Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.
See also: Side effects (in more detail)
What other drugs will affect Cerubidine?
Tell your doctor about all medicines you use, and those you start or stop using during your treatment with Cerubidine, especially:
an antibiotic, antifungal medicine, sulfa drug, or tuberculosis medicine;
birth control pills or hormone replacement therapy;
cholesterol-lowering medications--Crestor, Lipitor, Pravachol, Simcor, Vytorin, Zocor, and others;
drugs that weaken the immune system, such as cancer medicine, steroids, and medicines to prevent organ transplant rejection;
gout or arthritis medications (including gold injections);
heart or blood pressure medication;
HIV/AIDS medications;
medicines to treat mental illness;
an NSAID (non-steroidal anti-inflammatory drug)--ibuprofen (Advil, Motrin), naproxen (Aleve), celecoxib (Celebrex), diclofenac, indomethacin, meloxicam, others; or
seizure medication--carbamazepine, phenytoin, and others.
This list is not complete. Other drugs may interact with daunorubicin, including prescription and over-the-counter medicines, vitamins, and herbal products. Not all possible interactions are listed in this medication guide.
More about Cerubidine (daunorubicin)
- Side Effects
- During Pregnancy
- Dosage Information
- Drug Interactions
- Support Group
- En Español
- 0 Reviews – Add your own review/rating
- Drug class: antibiotics/antineoplastics
Consumer resources
Professional resources
Related treatment guides
Where can I get more information?
- Your doctor or pharmacist can provide more information about Cerubidine.
- Remember, keep this and all other medicines out of the reach of children, never share your medicines with others, and use this medication only for the indication prescribed.
- Disclaimer: Every effort has been made to ensure that the information provided by Cerner Multum, Inc. ('Multum') is accurate, up-to-date, and complete, but no guarantee is made to that effect. Drug information contained herein may be time sensitive. Multum information has been compiled for use by healthcare practitioners and consumers in the United States and therefore Multum does not warrant that uses outside of the United States are appropriate, unless specifically indicated otherwise. Multum's drug information does not endorse drugs, diagnose patients or recommend therapy. Multum's drug information is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and/or to serve consumers viewing this service as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of healthcare practitioners. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Multum does not assume any responsibility for any aspect of healthcare administered with the aid of information Multum provides. The information contained herein is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you have questions about the drugs you are taking, check with your doctor, nurse or pharmacist.
Copyright 1996-2012 Cerner Multum, Inc. Version: 4.04.
Date modified: March 06, 2018
Last reviewed: September 29, 2015