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Commentary :: Let's Lose Lawyers (2-4)
Posted on October 10, 2019 April 19, 2020 by Ahmad A. Ahmad
At the end of the last post we met the negotiorum gestor, an administrator of the business of another, even without any mandate from the principal. The argument for this and for the more recognizable representative, who receives an explicit appointment by the principal, we learn (from Ulpian), was made from "necessity." In the Digest, we read:
1 ULPIAN, Edict, Book 9: A procurator is one who transacts the business of another on a mandatefrom his principal. 1. A procurator may have been appointed either for all his principal's business or only for one item of it, either in his principal's presence or by message or by letter; although certain people, as Pomponius writes in his twenty-fourth book, do not consider that a person taking on a mandate for only one item of business is a procurator, just as a man who has undertaken to convey a thing or to convey a letter or message is not properly called a procurator either. But it is more reasonable to consider a person appointed for one piece of business only as also a procurator. 2. A procurator is a very necessary institution for enabling those who will not or cannot look after their own affairs to sue or be taken to court through the agency of others. 3. A procurator can be appointed even in his absence (emphasis added).[1]
Historians dedicated to the study of Roman law will indicate at every other turn in their presentation that there is a lot that they don't know. (Of course, I know less than all of them.) On the question of litigation, in particular, and procedure in general, Ernest Metzger has it that: "Our understanding of Roman procedure relies on diverse sources, none of which is satisfactory on its own, and even taken together are only adequate."[2]
Then comes his explanation of how deep the problem is: "The Romans did not reflect on their procedural law the way they reflected on their private law. They did not linger over modes of pleading or representation. If a rule of procedure was unfair or inappropriate, it was mended without a view to the system of litigation as a whole."[3] The rules kept changing, and not all changes are recorded—is a short and sweet way of putting it.
The Romans are not alone in allowing legal representation of these two types: mandated and un-mandated. In medieval Islam, legal representatives came in diverse shapes and manners in a variety of cities, towns and countries; they were presumed, in many cases, to be technically savvy, and in any case, to have the interest of the principal as a guide, but they were not professional lawyers in any sense. The representative may be authorized or unauthorized (wakīl, fuḍūlī), a slave representing his master in a market dealing ('abd ma'dhūn), who could (in theory) be male or female and (in both theory and practice) Muslim or non-Muslim,[4] or a relative representing a family member in a nuptial or a criminal matter (walī al-nikāḥ, walī al-damm, 'āqil).[5] In both systems, one may simply represent another, in contracts and court appearances, even without being authorized to do so by the principal—doing in some cases the work of a Good Samaritan.
EARLY MUSLIM JURISPRUDENCE
The standard lawyer in Kufa in Iraq, in the 1st/7th and 2nd/8th centuries, let's remember, is a jurist. Kufa had its share of these practicing jurists (judges and professors of law), including Shurayḥ b. al-Ḥārith (d. 80/699), al-Nu'mān b. Thabit (better known as Abū Ḥanīfa, d. 150/767), and Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805). The latter, Shaybānī wrote fifty-seven tracts, documenting his legal views and those of his teachers, known collectively as al-Mabsūṭ or al-Aṣl. Of these, no single tract or chapter, is dedicated to faḍāla, or unauthorized acts on behalf of the absent, as was the case in the Ulpian's Digest. However, questions of faḍāla appear in the laws governing sales, rentals, marriage contracts, and even the exaction of punishment on behalf of a victim's family.
The fuḍūlī is a legal agent missing either anyor explicit"instruction to represent" by the absentee principle. An appointed agent may also be missing "detailed instruction" as to how to represent the absentee principle. In the Chapter on 'Currency Exchange,'[6] Shaybānī addresses the case of a market-agent who was asked in Kufa to exchange currency without specifying a desirable currency market in which the exchange should be done (the principal's desire was not clear). This exchange is valid, Shaybānī rules, whether done in nearby Ḥirāʾ (a few miles away) or all the way in al-Baṣrah (close to 300 miles away) or even in Damascus (c. 600 miles) or Mecca (c. 1,000 miles).[7] In this case, we see that some agreements, while sustaining a degree of vagueness, must be enforced with reference to a type of common sense. The distant markets may operate on different standards, but these standards are presumed, in principle, to be intelligible to traders from surrounding lands.
One extraordinary element of wakāla, acting via an agent, in 2nd/8th century Iraqi society, emerges in the area of criminal law. Criminal law, to us, may be the "most public" of all public law. Enforcement of the criminal punishments is the fundamental responsibility of the state. The state, as Max Weber would have it, is the only entity that can render legitimate violence. In Arabian society, long before Islam, custom had it, it seems, that the purpose of "retaliation" was settling disputes after crime. Retaliation (qiṣāṣ) applied in all attacks on the body leading to harm, from a slap on the face to murder. And the family, clan or tribe had the jurisdiction over this.
Ancient Roman legal texts describe a similar circumstance. Ulpian states:
8 ULPIAN, Edict, book 8: A son-in-power [i.e., the manager of family affairs, who is the son of the father in the household] can also appoint a procurator for any action which he has the right to bring himself, and not just a son with a military peculium, but also any son-in-power. For example, if he has suffered insult, he will appoint one for an action for insult if it so happens that his father is away and his father's procurator refuses to go to court; and this appointment of a procurator by a son-in-power himself will bein accordance with the law. Julian goes further than this and writes that if insult should be committed against a son-in-power, himself a father, by way of his own son, who is still in the same power and the grandfather is away, the father is able to appoint a procurator to exact retribution for the insult which the grandson of the absent man has suffered. A son-in-power will also be able to appoint a procurator to defend a case. Furthermore, a daughter-in-power will also be able to appoint a procurator for an action for insult. As regards her appointing, in conjunction with her father, a procurator to exact payment of her dowry, Valerius Severus writes that it is needless since it is enough for her father to appoint in accordance with her wishes. But in my opinion, if her father happens to be away or of doubtful character, in a case where an action on dowry is usually available to a daughter, she can appoint a procurator. A son can also himself be appointed procurator both for prosecution and defense. (emphasis added).[8]
For Shaybānī, the son of a murdered victim may assign another the task of gathering evidence of the culpability of the murderer, but the same wakīl (the one to which gathering evidence was assigned) cannot simultaneously be charged with exacting the punishment on behalf of the victim's son. The victim's son must attend the retaliation. The victim's agent retains the right to forgive the killer or to accept blood-money, which are two other options besides retaliation.[9]
Another, deceptively extraordinary instance of representation for legal purposes is slaves' representing their masters. This is what, I think, became the ideal type of a legal agent. These slaves' representation of their masters in the market spills over into a broad array of representation. Slave market-agents, as they manage large holdings, can appoint their own agents. (I will call these first and second agents.) This condition leads to many dilemmas: e.g., whether the second agent is automatically dismissed upon the dismissal of the first.
Old precedents may indicate that this institution started shyly, and clever masters attempted to have it both ways, using their savvy slaves as business-agents then trying to get out of court rulings that didn't suit them by claiming their slaves were not properly authorized. In the Chapter on "Slave Market Agents" (al-'abd al ma'dhūn lahu bi-l-tijāra,), Kufa's judge Shurayḥ b. al-Ḥārith affirmed a slave's representation of his master, despite the master's protestation that his slave lacked autonomous legal action (fa-qāla al-rajulu 'abdī mahjurun 'alayhi), after two upright witnesses testified that this master admitted his slave as his market manager in prior dealings.[10] Once a business manager, the slave could not be cancelled as the master's representative when the latter didn't like the results of the deal (or, if executed in a court, the decision in the case). Your representative may handle one case well and another case badly, but you can't come back and question your representative's authorization to represent you because you consider what they did as disadvantageous to you.
Where did Muslim jurists get the slave agent? Not clear to me. The Romans seemed to think of the slave as more or less a liability within the family, although one stunning discussion concerns whether a runaway slave who is elected prefect (governor, mayor) is duly elected, and the dominant view is that he is. [11] But in standard cases, slaves are 'weak members' of the family. They are either defeated enemies, criminals, or poor Romans who sold themselves into slavery with the hope of using their price in part or in full toward some kind of benefit. The status of slavery is then inherited by the slave's progeny, which raises further complications to which we need not attend here. Here is the Digest, again:
3. GAIUS, Institutes, book 1: Certainly, the great divide in the law of persons is this: all men are either free men or slaves.
4. FLORENTINUS Institutes, book 9: Freedom is one's natural power of doing what one pleases, save insofar as it is ruled out either by coercion or by law. 1. Slavery is an institution of the jus gentium, whereby someone is against nature made subject to the ownership of another .2. Slaves (semi) are so-called, because generals have a custom of selling their prisoners and thereby preserving rather than killing them: and indeed they are said to be mancipia, because they are captives in the hand (manus) of their enemies.
5. MARCIAN, Institutes, book 1: Of slaves, to be sure, there is but a single condition; of free men, on the other hand, some are freeborn (ingenui) and some are freed-men. 1. People are brought under our power as slaves either by the civil law or by the jus gentium. This happens by civil law if someone over twenty years of age allows himself to be sold with a view to sharing in the price. By the jus gentium, people become slaves on being captured by enemies or by birth to a female slave (emphasis added).[12]
The remaining two posts will take us, via cases and scenarios, toward an understanding of the task of the legal representative, whose ideal-type is the slave market-agent.
Notes to part 2:
[1] The Digest 3, 3, 1, 1-3. That is Book 3, Title (Chapter) 3, Section 3, Subsections 1-3. See notes 3, 4 and 5 in Post 1.
[2] Ernest Metzger, Litigation, in The Cambridge Companion to Roman Law272 (David Johnston ed., 2015) (footnote omitted).
[3] Id. (footnote omitted).
[4] M.b.H. Shaybānī, Al-Mabsut/Al-Asl vol. XI, at 376-382, 381(Qatar Religious Endowments Ministry/Ibn Hazm Publications ed. 2012) (c. 804-805).
[5] The authorized agent is a wakīl, the unauthorized or emergency representative, fuḍūlī; a slave representing his master in a market dealing is 'abd ma'dhūn; a relative representing a family member in a marital, inheritance or a criminal matter is walī al-nikāḥ, walī al-damm, and 'āqil,respectively.
[6] See Shaybānī, vol. III, supra note 4, at 5-131 (on Kitab al-Sarf, whose opening pages are found at the tail of vol. II).
[7] Shaybānī, vol. III, supra note 4, at 88-89.
[8] The Digest 3, 3, 8. That is Book 3, Title (Chapter) 3, Section 8.
[9] Shaybānī, vol. VII, supra note 4, at 5-6.
[10] Shaybānī, vol. VIII, supra note 4, at 495.
[11] The Digest, 1, 14, 1-3.
[12] The Digest,1, 5, 3-5.
Posted in Comparative law, Islamic legal historyTagged Guest editor expert commentary, Hanafi Law, Islamic law, Roman LawLeave a comment
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I am in love with grilled shish kabob recipes because they are so wonderful at the taste and so easy to cook. The loaded skewers turn the chicken amazingly so flavorful and tasty that it drives me crazy whenever I cook this in the kitchen.
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redpajama_set_name: RedPajamaGithub


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Кристофер Мемингер (; Фајхинген ан дер Енц, 9. јануар 1803 — Флат Рок 7. март 1888) био је амерички политичар и први министар финансија Конфедерације.

Биографија

Отац Кристофера Мемингера, Готфрид Мемингер, био војник који је погинуо у борби месец дана након рођења његовог сина. Његова мајка, Колер Еберхардина Мемингер, емигрирала је у Чарлстон, али је умрла од жуте грознице 1807. Кристофер је послат у сиротиште.

Од једанаесте године живи код угледног адвоката Томаса Бенета који му је омогућио школовање. Био је веома паметан и дипломирао је
у шеснаестој години као други у својој класи. Мемингер је постао успешан адвокат. Оженио се са Мари Вилкинсон 1832. Улази у политику и обавља послове везане за законодавство Јужне Каролине од 1836. до 1852. и 1854 до 1860. Мемингер је био велики заговорник образовања и помогао је на унапређењу школског система у Чарлстону.

Био је сматран као умерен по питању сецесије јужних држава. Али након избора Абрахама Линколна за председника САД, препознао је да би одвајање било неопходно. Мемингер је 1860. године написао Декларацију о непосредним узроцима који оправдавају сецесију Јужне Каролине из Федералне уније, наводећи разлоге за сецесију. Био је председник комисије која је израдила Устав Конфедерације, у само четири дана.

Када је Џеферсон Дејвис формирао свој први кабинет, Мемингера поставља за министра финансија 21. фебруара 1861. То је био тежак задатак, с обзиром на финансијске изазове. Мемингер је покушао да консолидује финансије Конфедерације и кроз екстремне мере подизања пореза, међутим обзиром на околности и слабо развијање привреде у земљи због ратног стања, није успео у тој намери.

Поднео је оставку 18. јула 1864. и замењује га Џорџ Треном. Вратио се у свој летњиковац у Флат Року. У послератним годинама, Мемингер се враћа у Чарлстон и добија помиловање 1866. Наставио је рад на развоју система јавног образовања у Јужној Каролини. Преминуо је 1888. и сахрањен је на гробљу Светог Јована Крститеља.

Његов лик се појављује на новчаници од 5 долара Конфедеративних Држава.

Референце

Литература

 Jon L. Wakelyn: Biographical Dictionary of the Confederacy. Louisiana State University Press. Baton Rouge.
 Ezra J. Warner und W. Buck Yearns: Biographical Register of the Confederate Congress. Greenwood Press. Westport, CT und London, GBR.
 The Civil War Almanac. World Almanac Publications, New York, NY.

Рођени 1803.
Умрли 1888.
Конфедеративне Америчке Државе
Личности Америчког грађанског рата
Немци

redpajama_set_name: RedPajamaWikipedia


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Places of the Velvet Revolution 3: Wenceslas Square and Letná plain
https://english.radio.cz/places-velvet-revolution-3-wenceslas-square-and-letna-plain-8115621#player=on
One of the demonstrations on Wenceslas Square during Velvet Revolution, photo: Josef Šrámek ml., CC BY 4.0
As the anniversary of the Velvet Revolution draws near, we take you to places that are closely associated with the events that led to the collapse of the Communist regime 30 years ago. In the third episode of our mini-series, we visit Wenceslas Square and Letná plain, the scene of spontaneous demonstrations, which followed the brutal police crackdown on an unarmed student demonstration on November 17, 1989.
Melantrich building on Wenceslas Square, photo: Martin Šanda, Wikimedia Commons, CC BY-SA 3.0
During the first revolutionary week of 1989, a number of spontaneous demonstrations took place in Prague as well as other towns and cities across Czechoslovakia. Every day, Wenceslas Square in the centre of Prague would fill with tens of thousands of people, as it became increasingly clear that the communists' grip on power was weakening.
Václav Malý, a dissident priest and Charter 77 spokesman, was involved in the events of November 1989 mainly as a spokesman for the Civic Forum and moderator of the demonstrations, first on Wenceslas Square and then on Letná plain.
"It was a sign that people wanted a change. It wasn't just a few thousand of the brave ones, it was a crowd. And naturally, when a large number of people gather and demand something that those who are in power oppose, they have to react in some way or another."
Mr Malý says that when he and his dissident friends first stood on the balcony of the Melantrich building on Wenceslas Square, facing the crowds, they had no idea where the events of the subsequent days and weeks would lead them.
"We were heading into the unknown. When we walked onto the balcony at Melantrich at the start of that November week, we had no idea how it would all end.
"The defence minister at the time, Mr Vacek, wanted to send the army against the demonstrators, and groups of People's Militia gathered outside Prague, so the situation was very unclear.
"At the same time we weren't certain if the crowd which gathered on Wenceslas Square would accept us. But surprisingly, people were very forthcoming and disciplined. And that encouraged us to keep going."
The first week of the revolution culminated with two large demonstrations on Prague's Letná plain, which took place on November 25 and 26. Despite the cold weather, accompanied by sleet and snow, the first demonstration was attended by nearly a million people.
Although the Communist Prime Minister Ladislav Adamec was also invited to take part, it became increasingly clear that people wanted a radical change. When he addressed the crowd on Letná plain, his words were drowned out by booing, whistling and calls for him and the government to resign.
Václav Malý, photo: Ondřej Tomšů
"By that time, people had sensed that the regime was collapsing and they started to show their restlessness and disapproval.
"But although some moments were very tense, there were no foul words or calls for violence. Still, I really struggled at times to keep the crowd calm."
Mr Malý says that although the events of November 1989 were quite explosive, the handing of power was completely non-violent. And, although it might seem as if the course of events was carefully planned, everything was a matter of improvisation.
"It became clear that there were no people in the Communist Party who could take over. At the same time, the public pressure was growing and people really expected to see new faces.
"So it was a passing of power, and in that sense I wouldn't hesitate to use the term 'velvet'. I would be careful about the term 'revolution'. For me, it is associated with pressure, power and, often, violence. In this case, thank God, nothing like that happened."
Video of Druhá obří demonstrace na Letné (26.11.1989)
Authors: Ruth Fraňková , Eva Turečková
31 years since Václav Havel was first elected Czechoslovak president
Apart but united: Festival of Freedom finds novel ways to celebrate Velvet Revolution anniversary
Streaming and remote candle lighting – very different November 17 planned
Czechs mark Velvet Revolution anniversary with spectacular celebrations

redpajama_set_name: RedPajamaCommonCrawl


text:
<?php

namespace PHPUnit\Framework\Constraint;

/**
 * Constraint that checks if the directory(name) that it is evaluated for exists.
 *
 * The file path to check is passed as $other in evaluate().
 */
class DirectoryExists extends Constraint
{
    /**
     * Evaluates the constraint for parameter $other. Returns true if the
     * constraint is met, false otherwise.
     *
     * @param mixed $other Value or object to evaluate.
     *
     * @return bool
     */
    protected function matches($other)
    {
        return \is_dir($other);
    }

    /**
     * Returns the description of the failure
     *
     * The beginning of failure messages is "Failed asserting that" in most
     * cases. This method should return the second part of that sentence.
     *
     * @param mixed $other Evaluated value or object.
     *
     * @return string
     */
    protected function failureDescription($other)
    {
        return \sprintf(
            'directory "%s" exists',
            $other
        );
    }

    /**
     * Returns a string representation of the constraint.
     *
     * @return string
     */
    public function toString()
    {
        return 'directory exists';
    }
}


text:
December 9, 2018 9:55PM EST
Indonesia: Papuan Militants Kill 17
Police Should Investigate Worksite Killings; Military Should Show Restraint
Cartoonist's depiction of Indonesian government restrictions on media freedom and rights monitoring in Papua. © 2015 Toni Malakian for Human Rights Watch
(Jakarta) – Indonesian police should investigate a Papuan armed group's killing of at least 17 people, including a soldier, at a construction area in Nduga in Papua's densely forested Central Highlands on December 2, 2018, Human Rights Watch said today.
The circumstances of the killings remain unclear. Papuan militants should cease unlawful killings, and the Indonesian government should ensure that its security forces act in accordance with international standards and not commit abuses in response to the attack.
"A Papua militant group's attack on a worksite raises grave concerns that require a full investigation," said Elaine Pearson of Human Rights Watch. "Militants and responding security forces should not inflict harm on ordinary Papuans."
The West Papua National Liberation Army (Tentara Pembebasan Nasional Papua Barat), the military wing of the Free Merdeka Movement (Organisasi Papua Merdeka), claimed responsibility for the killings, saying those killed were military personnel from the Indonesian Army Corps of Engineers. An army colonel said that three of the survivors of the attack were military personnel working as engineers. Sebby Sambom, a spokesman for the Papuan armed group, told the media that the attacks were organized by the militant's group's third Ndugama Command. He said they had monitored the workers for three months and concluded that they were engineering corps personnel wearing civilian clothes.
However, Indonesia's public works minister, Basuki Hadimuljono, said that those killed were workers from state-owned companies PT Istaka Karya and PT Brantas Abipraya, sent from Sulawesi to work on the 4,300-kilometer Trans Papua highway. He said that only the soldiers protecting the workers were armed, including the one killed in the attack.
Indonesian President Joko Widodo said in reaction to the attacks that, "I have ordered the Armed Forces commander and the Police Chief to pursue and capture all the perpetrators of such rude and violent acts."
In West Papua, December 1 is widely commemorated as the day West Papua declared nationhood. In 1961, under Dutch rule, an elected council consisting mostly of indigenous Papuans commissioned the creation of a national anthem and flag. On December 1, 1961, the West Papuan Morning Star flag was flown beside the Dutch tricolor for the first time. Indonesia took control over Papua with United Nations recognition in 1969.
Over the last five decades, some Papuans have resisted Indonesian rule. On December 1, 2018, more than 500 students were arrested in more than 10 Indonesian cities after peacefully raising the Morning Star flag and demanding a referendum on independence.
Indonesia's National Police initially announced that the killings in Nduga were in retribution for a worker taking photographs of Papuan militants organizing a flag-raising ceremony near a road and bridge construction.
More than 100 military and police officers were evacuating the dead and injured, and engaged in a military operation against the militants.
Human Rights Watch has long documented human rights abuses in Papua's Central Highlands, where the military and police have frequently engaged in deadly confrontation with armed groups. Indonesian security forces have often committed abuses against the Papuan population, including arbitrary detention and torture. A lack of internal accountability within the security forces and a poorly functioning justice system mean that impunity for rights violators is the norm in Papua.
The Indonesian security forces should exercise care when operating in Nduga, directing all security personnel to treat Papuans in accordance with international standards. They should transparently investigate and hold accountable anyone implicated in a criminal offense. Both the military and the police should allow journalists to operate independently in the area. Nduga is an extremely remote area where no journalists have had access since the attacks.
A decades-long official restriction on foreign media access to Papua and controls on Indonesian journalists there have fostered that lack of justice for serious abuses by Indonesian security forces and fueled resentment among Papuans.
"The situation in Nduga is muddled in large part because no journalists can independently go into the area to interview witnesses and verify what happened," Pearson said. "Having independent monitors on the ground will help deter abuses by both the militants and security forces, which would benefit all Papuans."
November 19, 2018 Commentary
For Refugees on Nauru, Little Joy on Children's Day
August 9, 2018 News Release
Papua New Guinea: Video Shows Police Brutality
March 2, 2017 Report
"License to Kill"
Philippine Police Killings in Duterte's "War on Drugs"
December 19, 2016 Report
"Bound by Brotherhood"
India's Failure to End Killings in Police Custody


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text:
Area: Communication
Program: Communication
Type of Writing: Proposal
Paper ID: C.C.P.1.N.2.1403
Utah State sales tax auditors need to be reigned in. Auditors are grossly misusing their power during sales tax audits, effectively turning routine audits into fishing expeditions by looking for any additional, unrelated, possible mistakes by business owners. These actions are unethical and entirely wrong. As chairman of the Utah State Tax Commission, you, [Chairman's Name], hold sway over the auditors within your organization. Your bio indicates that you hold degrees in accounting and economics as well as a doctorate degree from J. Reuben Clark Law School. These degrees combined with your previous work experience in tax law, and many years serving in Utah's Congress clearly make you an expert in your field (Office).
I submit there is a situation which requires your immediate, expert attention; auditors are hunting down Utah's tire companies and attempting to extort additional state sales tax from them by declaring that the Federal Excise Tax, or FET, is a taxable item, which it clearly is not. They are further stating that service fees for the waste disposal of unserviceable tires are also subject to state sales tax. Since the recycling company who collects these waste products is not required to charge sales tax for this service, it appears both assertions made by your auditors are in fact, utter fiction. Heavy-duty tires, according to federal guidelines, are taxed by different rules than Utah's sales tax auditors are playing by; however, these auditors are successfully bullying business owners into paying sales tax on both items although they are classified as non-taxable. This needs to be remedied immediately, by you, as these business owners lack the financial power to fight such absurd audits in court, due to the unseemly costs imposed by prolonged court cases.
According to the Code of Federal Regulations (Annual Edition), the rules regarding the taxation of heavy-duty tires differ dramatically from most other commodities in the marketplace (Code 779.262). Heavy-duty tires are defined as exceeding a 3,500-pound carry capacity (United States). These tires are primarily used on heavy-equipment vehicles in commercial enterprises which provide for a sizeable amount of goods to be transported across the nation. Heavy-duty tire taxation is federally categorized along with gasoline as items which, "in practical operation, are taxes (levied) at the retail level" (Code 779.262).
The wage and labor guidelines repeatedly define that FET are not includable when calculating annual gross volume sales (Code 779.258,259,261,262). Guidelines further specify that "Federal excise taxes on gasoline, tires, and inner tubes reflect that, although they are listed under the title of "Manufacturers Excise Taxes", they are in practical operation, taxes "at the retail level" (Code 779.262)."
It is impossible to read these codes and walk away confused. The law could not more clearly state that FET amounts are not includable as part of the annual gross volume of sales for an enterprise. The distinction in Code 779.262 clearly identifies that the FET gets paid by the end-user at the retail level. Although FET is itemized on every sales invoice from the manufacturer to the end user, it does not change the fact that the end-user, in practical terms, is the party intended to pay the FET. Our state sales tax law specifically declares that the "purchase price and sales price do not include a tax or fee legally imposed directly on the buyer when separately stated on an invoice, bill of sale or similar document given to the buyer" (Utah!). The FET on heavy-duty tires is a compulsory, legally imposed tax which is understood, according to federal guidelines, to be paid by the end-user at the retail level. Auditors and review boards at the tax commission need to take note of the ongoing, wrongful actions which are being made by members of your organization.
If the tax commission intends to employ ethical business practices, they must stop bullying companies to pay illegal sales tax on FET and begin working towards changing state sales tax laws that would allow for legal taxation of FET and service fees for waste disposal. Government responsibility includes providing public goods, protecting public health and welfare, assist in stabilizing the economy, protecting businesses, aid in conserving the environment, help to regulate working conditions (Regulate). Auditors are an extension of the government and should be held to the same standard of responsibility; instead, they are unfairly targeting a small, specific group of businesses.
An anonymous source, who has worked in the commercial tire industry for over 30 years, claims that every company he has worked for has ALWAYS separated out the FET as the non- taxable item it is. Suddenly, in 2018, sales tax auditors are tripping over themselves to dig through age-old files and taking it upon themselves to re-write and/or enforce non-existent tax laws. These shameful practices unduly burden tire companies, causing unnecessary interruption to their regular business operations so they can attempt to prove that they are properly invoicing, collecting, and paying sales tax. Yet, it is the tax agency who actually bears the burden of proof to provide irrefutable evidence to these businesses, showing that sales tax is due on both the FET for heavy-duty tires and the waste-disposal service fees.
Auditors are distorting the state sales tax law in their attempt to charge sales tax on FET because it is well-defined by federal and state guidelines as non-taxable. To support their fallacious argument, these auditors are attempting to apply the "special rule, manufacturer's retail stores" from publication 510 (United States), alleging that these businesses owe sales tax on the FET portion of the tire sale. The special rule which they are referring to states, "the excise tax on taxable tires is imposed at the time the taxable tires are delivered to the manufacturer-owned retail stores, not at the time of sale". While this rule may well apply to all manufacturer-owned retail stores it has no relevance to the retailers being targeted; who are wholesalers and/or distributors that are independently owned and operated.
Many excise taxes are not levied at the retail level. Payment of FET for alcohol and tobacco are strong examples where FET is paid by the manufacturer, essentially absorbed at the top of the distribution chain instead of being collected at the retail level. The Code of Federal Regulations clarifies that "in some cases the circumstances may reflect that despite the fact that such taxes may be levied upon the manufacturer or distributor, nevertheless they may be, in practical operation, taxes at the retail level and may be so regarded for the purpose of this provision" (Code 779.263).
This "practical operation" is illustrated by the purchase life-cycle of a heavy-duty tire.
For example, United Tire, a company currently under scrutiny by Utah sales tax auditors purchases and re-sells tires. The example invoices attached include one where United Tire purchased tires from a distributor, Pearson Tire (Pearson); another invoice shows tires sold to an end-user, Maxway Trucking (United Tire). Person Tire itemized FET on their invoice to United Tire; however, since United Tire, a wholesaler, is not the end-user of the products listed on this invoice, they pass along the FET to the true retail-level end-user; who in this example is Maxway Trucking, who was subsequently billed the FET.
Tires eventually become unserviceable and must be properly recycled. According to the Tire Safety Group, "tires significantly degrade around five years from date of manufacture" (Wetherington). Continuing with the earlier example; United Tire routinely pays a recycling company, Liberty Tire, a service fee to haul away unusable tires left by customers. This service fee is offered as both a "pick-up-service" and a "gate service" meaning Liberty will both pick used tires up, as well as allow on-site drop offs. Prices for disposal are based on the weight and type of tires and no sales tax is charged. When asked why they do not charge sales tax on this service, the general manager at Liberty Tire's Salt Lake office, Dave Jacobowski, said "it is not proper to tax a service".
If Liberty Tire is not required to charge sales tax to their clients for tire disposal then why are individual tire companies being targeted by the state? Why are your auditors demanding United Tire to pay sales tax on this exact service? United Tire is merely passing along the service fee which they are charged by Liberty Tire; in fact, any line items for waste disposal on United Tire invoices is essentially a placeholder for Liberty Tire's service fee for picking up useless tires.
In Utah new heavy-duty tires are subject to a waste tire recycling fee, paid by the retailer to the Utah State tax commission. According to Utah Administrative Code dated September 1, 2018, "the recycling fee is not considered part of the sales price of the tire and is not subject to sales or use tax" (Utah). The concept that the recycling fee is tax exempt logically carries over to explain why Liberty Tires is not required to charge sales tax for waste disposal of unserviceable tires.
One local business owner, Blake Maxfield, of Maxway Trucking, offers some unique industry specific insights regarding certain points made within this paper along with a few brand- new ideas:
"This issue (sales tax on the FET applied to heavy-duty tires) causes yet another burden by state and federal government by unfairly taxing heavy-duty vehicles. We already pay a 12% excise tax on the gross amount purchase price of these vehicles, which in 2007 cost approximately $65,000. Today with all of the EPA regulations and EPA mandated engine modifications that same truck costs over $130,000. Since FET is based on a percentage of sales it has effectively doubled in ten years.
Originally FET was used to fund the building of American's highway systems. Later it was used to compensate for the deterioration of the roadways which is well and good. However, these taxes are growing at shocking rates. On top of the outrageous FET we currently pay on diesel fuel and licensing, now it appears the state wants us to pay an additional sales tax on top of FET for tires purchased in Utah.
As an interstate carrier who is licensed in Idaho, I could instead purchase tires from a vendor in Idaho and avoid the entire issue of Utah's attempt to add sales tax to the FET. Would it not be detrimental to Utah's economy if transportation companies opt to purchase their tires from Idaho or any other nearby state?
When you drive down the road, look at the license plates of the semi-trailers you pass. Why do you think the majority of semi-trailers are licensed in Idaho, Indiana, and Oklahoma? It is because these states have favorable laws in regard to semi- trailer licensing that require companies to pay a one-time license fee rather than having to renew it annually.
If you don't believe Utah's laws have an impact on the state's revenue, then you need to take a hard look at this example because it illustrates how Utah's laws have already pushed one real revenue stream out of our state, and this ultimately harms Utah's economy.
Mr. [Chairman's Last Name], I urge you to make time right away for reviewing the actions of your auditors regarding these issues of attempting to force Utah tire companies to pay sales tax on the FET for heavy-duty tires and sales tax on waste disposal service fees. I believe you will find that their endeavors are unethical and illegal. The auditors are literally dragging these tire sales companies through a nightmare by scrutinizing every transaction, looking for opportunities to impose sales tax where none is owed. Thank you for your consideration.
"Re: United Tire Sales Tax Audit." Received by United Tire, Re: United Tire Sales Tax Audit. emails date from June 2018 – November 2018.
"Code of Federal Regulations (Annual Edition)." Code of Federal Regulations | Govinfo, Government Publishing Office, 1 July 2018, 779.258, 779.259, 779.260, 779.261,
779.262, 779.263, 779.264. www.govinfo.gov/app/details/CFR-2018- title29-vol3/CFR-2018-title29-vol3-sec779-262/context
"Office of the Commission." Utah State Tax Commission, tax.utah.gov/commission-office. "Pearson Tire Sales Invoice." 3422 South 700 West, Salt Lake City, UT 84119, 20 Nov. 2018. "Regulate and Protect Government and Business." www.Mark-ED.org, Marketing Education
Resource Center, 2009, www.pendleton.k12.ky.us/userfiles/116/Classes/5437/LAP-EC- 016 Government and Business.pdf.
United States, Congress, Internal Revenue Service." Excise Taxes (Including Fuel Tax Credits and Refunds), Publication 510, 2018. Cat. No. 15014I. https://www.irs.gov/pub/irs- pdf/p510.pdf.
"United Tire Sales Invoice." P.O. Box 26774, Salt Lake City, UT 84126, 8 Aug. 2017. Invoice to Maxway Trucking
"Utah Administrative Code." UT Admin Code R865-19S. Sales and Use Tax.September 1, 2018, Utah Office of Administrative Rules, 1 Sept. 2018, rules.utah.gov/publicat/code/r865/r865-19s.htm.
Utah! tax.utah.gov. Sales and Use Tax General Information, Tax.utah.gov, Oct. 2018. tax.utah.gov/forms/pubs/pub-25.pdf.
Wetherington, Matt. "Tires Expire in Six Years." Tire Safety Group, 13 May 2014, www.tiresafetygroup.com/tires-expire-in-six-years/.


text:
« Paying for Incompetance
Don't Know How I Ran Into This... »
Awesome Story of the Day
February 4, 2011, 10:16 pm
California Cap-and-trade plan may be put on hold because they failed to do an Environmental impact study. LOLOLOL
The California Air Resources Board violated state environmental law in 2008 when it adopted a comprehensive plan to reduce greenhouse gases and again last year when it passed cap-and-trade regulations, a San Francisco Superior Court judge has ruled in a tentative decision.
If the decision is made final, California would be barred from implementing its ambitious plan to combat global warming until it complies with portions of the California Environmental Quality Act, though it is not yet clear what the air board would have to do to be in compliance. The state's plan, which implements AB32, the Global Warming Solutions Act of 2006, would reduce carbon emissions to 1990 levels by 2020.
Tags: 2008, California Cap, carbon, global warming, LOLOLOL, Superior Court, trade, warming
Mesa Econoguy:
Flash crash II caused by regulators:
http://www.reuters.com/article/2011/02/04/us-flashcrash-idUSTRE7134PI20110204
(Reuters) - Experts trying to figure out how to avoid another "flash crash" are considering big changes to the U.S. stock marketplace, and one is recommending special rebates during times of stress and a crackdown on off-exchange "dark" trading.
Robert Engle, a Nobel Prize-winning finance professor at New York University, said in an interview that the regulator-appointed panel has not yet decided on its final recommendations, though he expects them to be made public at a February 18 meeting.
The focus, he said, should be that buyers all but vanished during the May 6 market plunge, abandoning investors when liquidity was most needed.
This could be fixed by allowing exchanges to boost the rebates it pays for standing buy and sell orders, and by squeezing more of the trading that takes place in anonymous "dark pools" into the public markets.
"Liquidity is the key issue we should be talking about and that the recommendations need to deal with," Engle, one of eight members of an advisory committee formed by the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission, said.
During the unprecedented flash crash, the Dow Jones industrial average plunged nearly 700 points before rebounding, briefly wiping out some $1 trillion in paper capital and exposing deep flaws in the high-speed electronic market.
Engle's comments -- including concerns over little communication among panel members in the last few months -- offer the first clear insight into what the high-profile committee could recommend.
SEC Chairman Mary Schapiro, having made a handful of adjustments since May to stabilize markets and quell investor anxiety, said on Friday the agency will unveil more changes this spring. The committee's recommendations could inform these.
Engle said he has pushed for rules that would come into effect when markets are under duress and in need of more liquidity, allowing exchanges to boost both the rebates they pay for orders as well as the fees they charge traders.
"You would have a peak-load pricing model, much like the way you use peak-load prices to adjust traffic across a bridge or freeway," Engle said in a telephone interview from NYU's Stern School of Business.
If there's 1 thing Nobel prize winning economists understand, it's panic-mode selling.
I don't know what the fuss about regulations in CA is all about. Their return to 1990 CO2 levels is all but guaranteed. Across the board their policies ensure a continued exodus out of CA. Eventually they will get back to 1990 population levels with cleaner technology.
astonerii:
Its just a temporary setback.
Matt:
This reminds me of that story in the last week or so about how the SEC's books weren't up to par according to the GAO. I don't have a link handy but a quick search could bring it up. Simply beyond parody.
John Moore:
Sadly, this goes to show how the environmental regulations and resulting bureaucracy have tied all of American in knots. Progress is impeded in all manner of activities, from building roads, to building power plants, to building refineries, to drilling for oil, to making worthless solar power plants. Environmentalists have devastated long existing farms in the central valley by protecting what Sarah Palin cleverly called "bait fish" in her address last night. They even blocked a refinery out in the desert by Mobile, AZ using "environmental racism" even though there is no minority population in the area!
For every on of those obstructions, there's an interest group willing to fight, and a bureaucracy with its own turf interests willing to help them.
To see them fighting amongst each other may be pleasant schadenfreude, but is a scary indicator of the terrible state we have reached - not just in CA, but the whole country.
Skunkboy:
What a horrible article over there at sfgate.com. These people are so invested with labeling carbon a toxic and repeating talking points, the big issue is lost because the reporters get so confused over their own rhetoric.
The lawsuit is over how cap-n-trade allows carbon emitting industries to purchase credits and sometimes emit more carbon and toxic air than before. The right-to-emit-carbon credits are purchased from out of town, out of state, or from Mexico.
Carbon NO2 does not cause health problems. Toxic air does. The point of California's AB32 is to reduce the world-wide amount of carbon in the atmosphere to solve Global Warming, not reduce harmful (to people) air pollution.


I have wanted to record this idea for a very long time. The arrangement was inspired by a band I used to play in. This song makes me think of a time when gang violence was in the news all the time. When Michael Jackson wrote this song he was trying to make a statement. There are alternatives. Choose to Beat It. I want to make that statement again. Now we barely see gang shootings in the news. Not because it doesn't happen anymore. But because there are more glamorous ways to scare us. I wish we could use the media to stop the violence, Not make it worse. I do not own any of the materials used to make this video, This is for entertainment purposes only. No copyrights intended.


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A luxurious and artistic adventure enjoying serenity and textile art!
There is nowhere on earth quite as special as Bali and no textile artist and teacher like Danny Amazonas. Join Danny, Deb and Christopher for an amazing week of pampering and craft in Ubud, the artist village of this amazing island. Not only will you have the opportunity to learn from this world renowned artist but you will also have opportunities to make your own batiks, shop for incredible fabrics, enjoy massages, incredible food and feel spoiled by the staff at our incredible Balinese Resort.
Join our luxury retreat in Christopher's homeland, Northumberland. Enjoy an amazing workshop with Anna Maria Horner while being pampered in our renowned and restored Georgian Mansion, Doxford Hall. In addition to the classes with Anna Maria, we will take time to enjoy the sights, tastes and sounds of this breathtaking part of England as well as revell in the rare quilts Christopher will share from his personal collection.


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Contractor attacked by mob over loan near Mumbai
The police said the contractor had lent Rs3.5 lakh to a man and had demanded the money back.
mumbai Updated: Jan 14, 2018 01:11 IST
Arvind Walmiki
The members of the mob were carrying a gun, hockey sticks, bamboos, iron rod and swords.(File pic for representation)
Around 25 people carrying a gun, hockey sticks, bamboos, iron rod and swords barged into the house of a building contractor and attacked him in Dombivli on Saturday.
One person has been detained.
The incident happened at 1am when the 33-year-old man (the police have not revealed his identity) was watching television in his house at Nandivli in Dombivli.
The group of people entered the house and started shouting at the contractor, saying why had he asked for the money.
The man, who had borrowed the money, was also the group. "They fired one round which hit the wall. The mob ransacked his house, beat him up and then fled," said a police officer from Manpada police station.
Seven months ago, the Dombivli-based contractor lent Rs3.5 lakh to an acquaintance after he asked him. Recently, the contractor had asked for his money back.
The police officer added, "The group attacked the contractor because he had asked the man to return the money. The contractor said he had given the man money for his business."
The accused have been booked for attempt to murder and rioting. A case against them has been registered under relevant sections of the IPC and Arms Act.
First Published: Jan 14, 2018 01:10 IST


The disaster occurred Saturday in Shenmu in Shaanxi province in the heart of the country's coal-mining belt.
BEIJING, China — Twenty-one coal miners were killed when a mine collapsed in northern China, state media reported Sunday.
The disaster occurred Saturday in Shenmu in Shaanxi province in the heart of the country's coal-mining belt, according to state TV and the Xinhua News Agency.
The number of fatalities reported in cave-ins, explosions and other disasters in Chinese coal mines has fallen sharply over the past decade, but the industry still is the world's deadliest.


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redpajama_set_name: RedPajamaStackExchange


Evening all So last night where do I start ........ So we arrived at the Blue Bell Hotel (Belford) around 21:10, the team decided to have a walk around the building we were immediately drawn towards the ball room, while we were in here we were getting taps and bangs, so we new when the customers arrived where our night had to start. So 10pm we start our event with an intro and equipment talk, we decide to start as 1 group in the ball room. While we were in here there reports of people seeing lights, shadow movement, cold spots, hearing taps and bangs as well, we decided to put kris's portal device on and we had a few things come through, names, dates, place names too, jobs they done at the Hotel. After this we decided too split into 2 groups. Myself (Ant) took 1 group with Kris helping me out and Carl took another group with Mark helping him out. Ants groups Night Room 1 So I decided to take my group into room 1, I had heard and read that this is where activity has happened, people being pinned down on the bed, feeling someone sat on the bed and people seeing an old woman standing over them. So soon as we enter the room I decide to lie on the bed, along with another guest and 2 more who are sat on the bottom, while the 4 of us are in there the bed is shaken and we can clearly see that none of us have shaken it. After it felt like there was someone under the bed, poking the mattress after inspection we could not work out what it could be. We then decided to leave 1 person on the bed (me, the human Guinea Pig) and put the SLS camera on the bed to see if anyone would get on, all of a sudden everyone gets off and something hops on the bed (I am not going to say what it was doing, but all I will say is it didn't look pleasant), during the time of lying on the bed I can still feel the prodding like someone under the bed, then it starts to shake, vibrate a bit, I ask for someone else to lie on the bed as well and as soon as she gets on, the vibration gets more and more, it's now like there's someone jumping up and down on the bed, this still can't be explained, then scratching from under the bed starts, I ask the group too form a circle around the bed and join hands, as I believed we could use it as a circle of energy, all of a sudden the bed started moving even more now it was like it was being rocked ...... people may laugh and joke about this with it being in a bed but it's one of the best paranormal experiences I have witnessed in my life, I can't explain it, there was 100% no1 moving the bed, the whole time the movement is happening the SLS camera is showing a figure on the bed standing which I believe was the spirit moving the bed. There was a lamp on the side table that had been put on its side when we catch it on video standing up, I put the light back up again turn round 5 seconds later after telling everyone I'm putting the light back up and it's on its side again something else I can't explain. So we move on from room 1 and have a short break. After the break we decide to go too another reported active room ...... Room 9. When we walked in there was a instantly smell of wet dog (there are no dogs in the property) this smell of wet dog kept bouncing around the room like a dog running around, anyways we carry on further a few people report seeing lights and little taps too, we do a Spirit Box session and start talking with a lady called Lizzie (Elizabeth) who said she was a former cook, we asked what her favourite dish was and heard apple pie come through, we then ask does she know the new cooks name got through the name (Mike) who is the head chef, we then ask if the dog is around would she be able to get him to bark as clear as day a dog bark comes through. We decide to do a EVP too see if we can talk too Lizzie on the whole nothing comes through we ask if the Dog can bark again and we all hear a dog bark. Bar So after room 9 we move into the bar while not a great deal happened at first, it was still great one of the customers had seen someone walk passed the door after further inspection there was no one there, then another person was seen walking passed the door heading out of the hotel had a look again and no1 there 2 different people saw these figures, after inspection I came back in the bar and there was a clear knock on the window too the bar, yet again no one there. We had a glass on the bar and it didn't move or nothing but we were asking for someone to pick it up, it was there a while at the end before we left we look at the camera again and it looks like there is someone holding the glass on the bar. Stable rooms 20/21 (Old Tavern) As soon as we walk in this room we all sit down and the bath room door is slightly open all of a sudden I start talking about a investigation i did a few weeks ago where the door tried to close on me. All of a sudden the door too the toilet starts too open, something else I can't explain at all everyone was seated when it open, no drafts or windows either, other things were taps and bangs, a metallic sound but this could of been something outside. All in all this was a fantastic investigation, I hope we are able to return, and trust me if we can book it again ...... you lot need to get booked on because our customers who were there last night are already thinking about booking it again with us. I want to thank everyone who attended last night and also Sam the Duty Manager who stayed back with us, got involved and helped out. Also thanks for the kind reviews we have had on the page already.


Hot on the heels of Christopher Kane's recent collaboration with Donatella Versace, rumour has it that British designer Marios Schwab could be lined up as the new designer for Halston. The label, of which Jimmy Choo president Tamara Mellon is a director, is looking for a new chief designer after losing Marco Zanini last year. (He's now at Rochas).
Halston and Marios are yet to confirm the news, if it's true it's another high five to London's design talent.
Jill Sander, who exited her eponymous label in 2004 might be set to make a return to design. Spotted at Parisian fabric fair Première Vision last month (where designers head to select fabrics for their new collections) industry insiders say she could be on her way back to fashion.
And finally Milla Jovovich (pictured) has revealed that she wants to design a childrenswear collection - inspired no doubt by her baby daughter. The actress' label Jovovich-Hawk closed last year but Milla says she is really keen to get back to design, if the right project comes along.