As Bainbridge explains, a specific Tax
Code provision allows judges to divest an asset causing a conflict of interest so as to hear the case and avoid paying capital gains so long as any gains are deposited into a Treasury security or an approved mutual fund.
Not exact matches
At the same time,
provisions in the tax
code allow some American companies to pay much lower taxes than the statutory 35 % rate.
Under Section 179 of the tax
code, explains Brian McCuller, JD, CPA, «the expensing
provision allows capital investments of up to $ 500,000 for certain property to be taken as an expense deduction — rather than being depreciated break — which was made permanent under the PATH Act passed at the end of 2015 — phases out for asset purchases above $ 2 million.»
The
provisions of Chapter 11 of the U.S. Bankruptcy
Code allow businesses to find ways to reduce their debt and restructure their operations without having to be shut down and liquidated to satisfy debts — instead of closing their doors, businesses can stay open, pay their employees, and take in revenue while developing a budget and a repayment plan for creditors (subject to the approval of the bankruptcy court).
A Civil War income tax bill passed in 1862 included this
provision, and then it became part of the
code more than a century ago after the Constitution was amended to
allow for an income tax.
But the court's decision in
Code of Conduct Tribunal (CCT) v Dr Bukola Saraki, which
allowed a stay of proceedings before the CCT despite the
provisions of sections 306 and 396 of the Administration of Criminal Justice Act (ACJ), 2015, has caused something of a storm.
That
provision of the
code would
allow the town to be «proactive» in its enforcement, assistant town attorney Stephen Kiely said last month.
In follow up to legislation opposed by TCTA and passed last session
allowing school districts rated acceptable or higher to become «innovation districts» that can be exempt from major
provisions of the Education
Code, the Texas Education Agency issued proposed rules and held a public hearing April 25, 2016, to receive input.
The legislation
allows entire school districts with at least an acceptable accountability rating to decide, via their district - level site - based decision - making committees and the school board, to be exempt from major
provisions of the Education
Code, including teacher rights and benefits, student discipline laws, parent rights and more.
That's why some districts are taking advantage of a 2015 law that
allows them to become exempt from many
provisions of the Texas Education
Code — but are they making wise choices?
The legislative history of the 1978 Bankruptcy Reform Act, the law that added a student loan
provision to the Bankruptcy
Code, is full of comments by members of Congress concerned with the damaging effects of continuing to
allow educational debt to be discharged.
Also, the tax
code includes a
provision allowing tourists to exempt $ 200 in currency profits per trip, but I am not sure this would apply in this case.
Provisions in the tax
code allow you to pay lower capital gains taxes on the sale of assets held more than one year.
In the vast majority of Chapter 7 or Chapter 13 bankruptcies, your home can not be sold to satisfy creditors because of the Homestead Exemption, a federal bankruptcy
code provision that
allows homeowners to remain in their homes [source: Bulkat].
(See, for example, Utah's House Bill 210, sponsored by Republican Curtis Oda, which proposed to relax «
provisions of the Utah Criminal
Code relating to animal cruelty and animal torture,» in order to
allow, among other things, «the humane shooting or killing of an animal if the person doing the shooting or killing has a reasonable belief that the animal is a feral animal.»)
One is that many local jurisdictions don't
allow them as permanent living quarters because they are on wheels, and are thus considered to be RVs, or because they don't meet certain
provisions of local building
codes.
The 2015 update to the IRC removed the arbitrary
provision requiring every dwelling to have one room of at least 120 square feet, which is what's
allowing our tiny houses at Emerald Village to meet
code.
Hence the two prohibitions create no ambiguity
allowing EPA to tamper with the
provision as it appears in the U.S.
Code.
Although we were specifically not
allowed to address the wheels aspect in this
code cycle (we were told that was not an option by the ICC Codes Manager), we were able to enter
provisions to benefit THOWs as well.
The one
provision that the
code official would not
allow was a specific section related to trailers.
In blockchain terms, a smart contract is a
coded program that contains the terms of agreement and triggers,
allowing the
provisions of a contract to be carried out upon notification.
above, then he might also recognize that a Human Rights
provision allows an offense to be pursued with a lighter weapon than the Crim
Code.
Although arguing Civil
Code section 1717 did not
allow for such an award, homeowner ignored the fact that the settlement agreement had an express
provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.
These options include a first party model of
provision whereby the driver's own insurer provides the replacement vehicle regardless of cost; a regulatory model intended to introduce the formal regulation of credit hire providers which would permit the capping of costs and a ban on referral fees; an industry
code of conduct which would build on the existing GTA; or a «competitive offer» model
allowing the at - fault insurer to provide the vehicle at lower cost if they can do so.
Earlier this week, Quebec Superior Court Judge Michel ruled against the province that their provincial law
allowing for some terminally - ill patients may use medical assistance to end their life, which was set to take effect Dec. 10 of this year, still violated the current
provisions of the Criminal
Code.
Combining the disappointing in De Wolf v. Bell ExpressVu, provincial regulation on payday lending that has led to higher interest rates than those
allowed by the usury
provisions in the Criminal
Code and the limitations of consumer class actions against late payment practices, it seems that consumers have even less protection from exploitative credit arrangements today.
This additional
provision is both unnecessary and overbroad, and may
allow the continuation of practices that are inconsistent with the Charter and the Human Rights
Code.
On the other hand, starting from the general
provision of Article 175 of Italian
Code of Criminal Procedure (which sets out the requirements to reinstate the legal due date for procedural acts), the ICC could have added a new procedural norm in the Italian legal order,
allowing the defendant to be given back the time limit provided for by national law to choose between the ordinary and a simplified proceeding.
The lawyer that SLS had in place to argue for the status of SLS status in Court was never needed, the judge was convinced that SLS members were authorized to appear in Court by the express
provision in the Criminal
Code allowing agents to appear for individuals charged with Summary Conviction offences.
Family
Code section 271, which we have explored many times before, is a statutory
provision that
allows family judges to sanction parties or litigants in family law proceedings where they fail to promote settlement or fail to cooperate so as to drive up costs.
This
provision under the
Code allows police to seek an order to obtain documents and electronic information about an individual, even if they are not under investigation,
Supreme Court has won a decision in federal court that would repeal
provisions of the Judicial Conduct
Code and
allow judges and judicial candidates to name their party affiliation and express their views on controversial topics like abortion.
In Bedford and Carter v Canada (Attorney General), 2015 SCC 5, [2015] 1 SCR 331, which dealt with the constitutionality of the
provisions of the Criminal
Code relative to prostitution and assisted suicide respectively, the evidence that was held to
allow lower courts to revisit Supreme Court precedent came mostly from the social sciences.
From the early days of the Internet, California has published its constitution and
codes online — at a public site that
allowed citizens, legal professionals, and businesses to search for pertinent
provisions or retrieve sections to which they had been referred by others.
[247] To
allow otherwise would be to permit the parties to contract out of the
provisions of the
Code under the umbrella of a private agreement, [248] and would run counter to the purposes of the
Code.
This special
provision is necessary to accommodate tax
code provisions which may not
allow such foundations to be business associates of their associated covered entity.
I am not necessarily against
allowing MMA — it would be difficult to continue to rationalize a ban given that boxing is
allowed; however, I think that the
provision in the criminal
code needs to be amended by Parliament in order to
allow MMA.
All
provisions of the
Code dealing with Market Enhancement Recovery Funds (MERFs) in the construction industry would be removed, which would
allow for development of unrestricted MERFs in the future.
However, «If the national court were thus to come to the view that the obligation to disapply the
provisions of the Criminal
Code at issue conflicts with the principle that offences and penalties must be defined by law, it would not be obliged to comply with that obligation, even if compliance with the obligation
allowed a national situation incompatible with EU law to be remedied»: in fact, it is for the national legislature to take the necessary measures.
The exchange
provisions under Internal Revenue
Code section 1035
allow certain types of exchanges from one policy type to another without adverse tax consequences.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and
coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial
Code (UCC)
provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and
allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department,
allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
Repeal the
provisions in section 1031 of the Internal Revenue
Code, which
allow owners of real property to exchange it for like - kind property on a tax - deferred basis.
The like - kind exchange
provision in the IRS tax
code allows for the deferral of tax owed on any gain from the sale of a real estate property as long as the proceeds are reinvested in a similar property.
(A 1031 exchange is a
provision of the IRS
code that
allows an investor to defer capital gains taxes on any exchange of like - kind property.)