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Internet Download Manager 5.12 Build 7 انترنت داونلود مانجر

2009-02-07T15:05:00.000-08:00

انترنت داونلود مانجر برنامج غنى عن التعريف فى مجال تحميل الملفات من الانترنت البرنامج يقوم بتريع عملية الداونلود وامكانية استكمال تحميل الملفات فى حالة انقطاع الانترنت
البرنامج مجاني
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Sitemaps كيف تشهر موقعك في جوجل عن طريق

2009-01-22T14:02:00.000-08:00

تعلم كيفة اشهار المواقع في جوجل بالصور
1. ما هو Google Sitemaps ؟

Google Sitemaps هي اداة مجانية تدعم العربية تم تطويرها من طرف غوغل تساعدك على جعل منتداك يتصدر نتائج البحث في محركات البحث مما يجعل الأعضاء و الزوار يتقاطبون عليه من كل صوب
2. كيف يمكنني ان استعمله مع منتداي ؟
في البداية عليك الدخول على موقع: أدوات مشرفي المواقع الخاصة بغوغل. تم تسجل الدخول بفضل حسابك على ال Gmail (ان لم يكن لديك حساب يمكنك انشاؤه بسهولة بالضغط على
أنشئ حسابا الآن )

بعد تسجيل الدخول, قم بإضافة رابط منتداك في الحقل المحدد:

بعد الإضافة يجب عليك الضغط على زر التحقق من منتداك:

سيقول لك غوغل انه لم يتم التحقق...! لا تقلق فهذا طبيعي فالتحقق لنت من يجب اختيار طريقته
غوغل يقترح عليك طريقتين للتحقق:
1. ك تحميل ملف HTML: صعبة و معقدة. لن نستعملها هنا.
2. إضافة meta tag إلى ملف الفهرس الخاص بمنتداك: سهلة جداً و هي التي سنختار

اذاً اختر إضافة meta tag في لائحة الإختيارات:

ما ان تقوم بهذا الإختيار حتى يظهر لك الكود:

فقم بنسخ كود ال meta tag الموضحة ولصقها في لوحة ادارة منتداك >> مظهر المنتدى >> الصفحة الرئيسية >> تشكيلات عامة >> شفراة أخرى من نوع ميتا تم سجل.

بعد تسجيل الكود في منتداك و فقط بعد تسجيله ترجع الى صفحة غوغل و تضغط على زر التحقق من تشغيل الكود في منتداك:

ستحصل على الرسالة التالية كدليل على ان عملية التحقق تمت بنجاح

لم يبق لك سوى اختيار نوع ملف ال Sitemap الذي يتناسب و منتداك. في حالتنا هذه, يجب اختيار ملف: اضافة ملف Sitemap عام للويب.

آخر مرحلة تتمثل في اختيار رابط ال Sitemap الخاص بمنتداك. يكفيك اضافة sitemap.xml في الحقل المخصص تم تأكيد الإضافة بالضغط على زر "اضافة ملف Sitemap عام للويب":

ستحصل علي الرسالة التالية, دليل على انتهاء انشاء

Sitemap منتداك و تسجيله في قاعدة بيانات اقوى محرك بحث في العالم فهنيئاً لك

ما عليك الآن سوى الصبر قليلاً (بضع ساعات) الى ان يتم تفعيل تسجيل منتداك من طرف غوغل. طيلة مدة انتضار التفعيل, سيظهر لك ما يلي:

ما ان تتم عملية التفعيل من طرف غوغل حتى يظهر لك ما يلي:

ترتيب الصفحات أو مايعرف بـ “PageRank”

2009-01-22T13:51:00.000-08:00

ترتيب الصفحات أو مايعرف بـ “PageRank” هي نوع من خوارزميات تحليل الروابط التي تقيم و تنسب أوزان مرقمة إلى كل عنصر في مجموعة وصلات الويب الموجودة في الوثيقة أو الملف - كماهو موجود في صفحات الويب - وهي وسيلة لتقيم و قياس أهمية هذه الروابط لبعضها البعض. صمم هذا الخوارزم عن طريق مؤسسي شركة غوغل حينما كانوا طلبة في جامعة ستانفورد.
• كل قيمة أعلى في الـPageRank يكون الوصول لها أصعب من سابقتها فالوصول إلى PR6 أصعب بأربع مرات من الوصول إلى PR5 .
• اضافتك لصفحات جديدة لموقعك قد يقلل من قيمة صفحات أخرى ولكن هذا التقليل لاعطاء قيمة للصفحة الجديدة.
• الروابط الداخلية الفعالة في موقعك مهمة يجب أن تكون صفحات موقعك مترابطة لتسهل على عنكبوت الأرشفة أرشفة
جميع الصفحات.
• من الممكن أن يطرد موقعك من قوقل اذا قمت ببعض العمليات غير المسموح بها مثل النصوص المخفية أو ايهام محرك البحث بعرض محتويات مخصصة له فقط(cloaking) أو اي عملية تخالف أنظمة قوقل.
• قوقل لايحب الصفحات الممتلئة بالروابط الخارجية خصوصا تلك التي يوجد بها أكثر من 100 رابط.
• اذا كان هناك أكثر من رابط في نفس الصفحة يؤدون إلى صفحة واحدة فستعتبر هذه الروابط كلها كرابط واحد.
• الروابط ذات النصوص الجيدة والمرتبطة بمحتوى موقعك ستضمن لك الظهور في نتائج البحث المناسبة.
• ربما تخسر بعض من قيمة الـPageRank لموقعك اذا فقدت بعض الروابط المهمة التي تؤدي إلى موقعك أو اذا نقصت قيمة الـPageRank للصفحات المحتوية على هذه الروابط.
• الـ PageRank واحد من عوامل عديدة تستخدمها قوقل للتعرف على ترابط وأهمية الصفحات.
• الـmeta-tag لاتأثر على قيمة الـPageRank لكن قد يستخدمها قوقل لتوصيف موقعك في نتائج البحث وستكون
نافعة اذاكانت صفحات موقعك مليئة بالجرافيكس.
• الـPageRank لايتم حسابه للموقع كاملاً بل يتم لكل صفحة على حدة.
• اذا كانت هناك صفحة سيئة ذات PageRank منخفض بها روابط تشير إلى صفحة أخرى فان هذه الصفحة لا تتأثر بها ، لن يعاقبك قوقل لأن هناك صفحات سيئة تربط بك.
• اذا قمت باضافة اللاحقة “nofollow” إلى عنصر rel في الرابط فلن يدخل هذا الرابط في حساب الـPageRank .
• اذا كان هناك رابط من صفحة إلى نفسها فانه لايؤثر في قيمة الـPageRank .
• الـPageRank يعتمد على الروابط القادمة للصفحة ولكن ليس عليها فقط بل يعتمد على جودتها وترابطها.
• اذا كان لديك صفحة ولنقل أن قيمة الـPageRank لها 7 ولم يكن في هذه الصفحة سوى رابط واحد فسيستفيد هذا الرابط بشكل كبير أما ان كان في هذه الصفحة 10 روابط فسيتم توزيع قيمة الـPageRank بينهم.
• من الممكن أن يطرد موقعك من قوقل اذا كان يضع روابطا لمواقع مطرودة لذلك تأكد دائما من المواقع التي تريد اضافتها لموقعك.
•صداقة محركات البحث وبالأخص قوقل صاحب الشعبية الأكبر بين مستخدمي الانترنت حول العالم .
• محرك البحث قوقل يعتبر الرابط من صفحة[ أ ] إلى الصفحة [ ب ] على أنه تصويت لصالح[ ب ] .
• اضافة موقعك في دليل DMOZ لايعطيك أي أفضلية في حساب الـPageRank ماتحصل عليه من دليل DMOZ هو نفس مايمكن أن تحصل عليه من أي صفحة أخرى لها نفس القيمة لكن ميزة DMOZ هو أن بياناته تستخدم في الكثير من المواقع.
• محتويات الصفحة لايتم أخذها بالاعتبار عند حساب الـPageRank gov وغيرها من النطاقات الحكومية ليس لها أي ميزة خاصة في حساب الـPageRank ويرجع ارتفاع قيمتها غالبا لأن الروابط المؤدية اليها كثيرة والروابط الخارجة منها لمواقع أخرى قليلة.
• ارتفاع قيمة الـPageRank لايعني ارتفاع عرض موقعك في نتائج البحث
ويكيبيديا

Anti Cancer

2008-09-14T18:47:00.000-07:00

Research On Use of Gold in Anticancer Treatments
It is not widely known but radiactive gold was used in the treatment of cancer many years ago (see here for more details).Now a number of research groups around the world are using the unique properties of gold to develop new anticancer treatments.

Gold is used in the treatment of prostate cancer. Using small gains of gold (about the size of a grain of rice), doctors can accurately identify the position of the patient’s prostate during treatment. The improved accuracy allows for a more precise radiation dose and a more targeted area for the treatment of the tumour. Gold is the material of choice for the positioning grains because it is dense and opaque to X-rays.
In terms of drugs used for treating cancer, the use of platinum, in the form of the drug Cisplatin, is well documented. Now a new generation of technologies, potentially without the harsh side effects caused by chemotherapy drugs like Cisplatin, are under development.

In the last few decades the properties of gold compounds have been of interest as potential cancer treatments. Researchers at the National University of Singapore have patented novel gold complexes for use in pharmaceuticals for the treatment of cancer.

Associate Professor Leung Pak Hing and his team have discovered that phosphine supported gold complexes have excellent anti-tumour activity and clinical trials are likely to begin in the near future.

In some cases, new technologies rely on the ability of tiny gold nanoparticles to specifically collect in a cancerous tumour by passing through the inherently leaky blood vessels attached to a tumour. So, when injected into a patient, there is a means by which a potent anti-cancer compound attached to a gold nanoparticle, can be directly and accurately delivered to a tumour whilst avoiding healthy body tissue. Such an effective drug delivery mechanism with reduced toxicity is considered to be a major step-forward. Why use gold as the delivery mechanism? Well gold has a major advantage in being a very biocompatible metal. For example, colloidal gold has been safely used for over 70 years to treat rheumatoid arthritis, and many hundreds of years as a dental restoration.

Rice University chemists have used this principle to load dozens of molecules of the anti-cancer drug paclitaxel onto gold nanoparticles. Paclitaxel, which is sold under the brand name Taxol®, prevents cancer cells from dividing. One problem with using paclitaxel is that it works on all cells, including healthy cells. This is why patients undergoing chemotherapy sometimes suffer side effects like hair loss and suppressed immune function. The aim is to deliver more of the drug directly to the cancer cells and reduce the side effects of chemotherapy. The new delivery system is based on gold nanoparticles. The research is published in the Journal of the American Chemical Society (J. Am. Chem. Soc. 2007, vol. 129, pgs.11653-11661)

In 2000, a US-based company CytImmune discovered that gold nanoparticles could bind anti-cancer compounds onto their surface and carry these drugs safely through the blood stream, delivering them to tumours. The first first-in-man Phase I clinical trial of CytImmune’s gold-based drug began in 2006. This on-going trial will evaluate the safety of the drug and its tumour shrinking response.

An alternative approach is being pursued by another US company Nanospectra who are focused on the development of AuroLase™ Therapy to selectively destroy solid tumours. Nanospectra use gold nanoshells (tiny particles of gold wrapped around silica) rather than sold gold nanoparticles, but like the CytImmune approach these are injected into the body. After the particles accumulate in a tumour, the area is illuminated with a near-infrared laser at wavelengths chosen to allow the maximum penetration of light through tissue. Unlike solid gold nanoparticles, AuroShell™ particles are designed to specifically absorb this wavelength, converting the laser light into heat. This results in the rapid destruction of the tumour along its irregular boundaries. Preclinical studies have shown that the therapy is highly effective and the company are currently intending to seek FDA approval to ommence a human trial for the treatment of head and neck cancers.

Early detection of tumors is another key objective of cancer research because it would greatly improve cancer therapy and prognosis. At the University of Florida, Weihong Tan and colleagues are using gold nanoparticles linked to aptamers (short, synthetic molecules of DNA) for cancer detetection. Their work published in the journal Analytical Chemistry entitled "Gold nanoparticle-based colorimetric assay for the direct detection of cancerous cells", shows how the combination of these aptamers with gold nanoparticles produces a diagnostic optical signal when they cover targeted cancer cells. This could form the basis of a future cancer detection test.
from utilisegold.com

AIDS

2008-08-28T04:35:00.000-07:00

From Wikipedia, the free encyclopedia
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome (AIDS or Aids) is a set of symptoms and infections resulting from the damage to the human immune system caused by the human immunodeficiency virus (HIV).[1] This condition progressively reduces the effectiveness of the immune system and leaves individuals susceptible to opportunistic infections and tumors. HIV is transmitted through direct contact of a mucous membrane or the bloodstream with a bodily fluid containing HIV, such as blood, semen, vaginal fluid, preseminal fluid, and breast milk.[2][3] This transmission can involve anal, vaginal or oral sex, blood transfusion, contaminated hypodermic needles, exchange between mother and baby during pregnancy, childbirth, or breastfeeding, or other exposure to one of the above bodily fluids.
AIDS is now a pandemic.[4] In 2007, an estimated 33.2 million people lived with the disease worldwide, and it killed an estimated 2.1 million people, including 330,000 children.[5] Over three-quarters of these deaths occurred in sub-Saharan Africa,[5] retarding economic growth and destroying human capital.[6] Most researchers believe that HIV originated in sub-Saharan Africa during the twentieth century.[7] AIDS was first recognized by the U.S. Centers for Disease Control and Prevention in 1981 and its cause, HIV, identified by American and French scientists in the early 1980s.[8]
Although treatments for AIDS and HIV can slow the course of the disease, there is currently no vaccine or cure. Antiretroviral treatment reduces both the mortality and the morbidity of HIV infection, but these drugs are expensive and routine access to antiretroviral medication is not available in all countries.[9] Due to the difficulty in treating HIV infection, preventing infection is a key aim in controlling the AIDS epidemic, with health organizations promoting safe sex and needle-exchange programmes in attempts to slow the spread of the virus.

Each year, an estimated 40,000 Americans are newly infected with HIV - in part because 25 percent of the more than one million Americans who are believed to be living with HIV don't even know they are infected.

HIV testing is a key component in controlling the spread of HIV infection. For those who test positive for HIV, awareness can help them take steps to protect their own health and that of their partners - thus avoiding further transmission.

For those testing negative, the testing process is an opportunity to get informed and take action to avoid risks and stay uninfected.

WHAT DOES "AIDS" MEAN?

2008-08-28T04:29:00.000-07:00

WHAT DOES "AIDS" MEAN?
AIDS stands for Acquired Immune Deficiency Syndrome:
• Acquired means you can get infected with it;
• Immune Deficiency means a weakness in the body's system that fights diseases.
• Syndrome means a group of health problems that make up a disease.
AIDS is caused by a virus called HIV, the Human Immunodeficiency Virus. If you get infected with HIV, your body will try to fight the infection. It will make "antibodies," special molecules to fight HIV.
A blood test for HIV looks for these antibodies. If you have them in your blood, it means that you have HIV infection. People who have the HIV antibodies are called "HIV-Positive." Fact Sheet 102 has more information on HIV testing.
Being HIV-positive, or having HIV disease, is not the same as having AIDS. Many people are HIV-positive but don't get sick for many years. As HIV disease continues, it slowly wears down the immune system. Viruses, parasites, fungi and bacteria that usually don't cause any problems can make you very sick if your immune system is damaged. These are called "opportunistic infections." See Fact Sheet 500 for an overview of opportunistic infections.
________________________________________
HOW DO YOU GET AIDS?
You don't actually "get" AIDS. You might get infected with HIV, and later you might develop AIDS. You can get infected with HIV from anyone who's infected, even if they don't look sick and even if they haven't tested HIV-positive yet. The blood, vaginal fluid, semen, and breast milk of people infected with HIV has enough of the virus in it to infect other people. Most people get the HIV virus by:
• having sex with an infected person
• sharing a needle (shooting drugs) with someone who's infected
• being born when their mother is infected, or drinking the breast milk of an infected woman
Getting a transfusion of infected blood used to be a way people got AIDS, but now the blood supply is screened very carefully and the risk is extremely low.
There are no documented cases of HIV being transmitted by tears or saliva, but it is possible to be infected with HIV through oral sex or in rare cases through deep kissing, especially if you have open sores in your mouth or bleeding gums. For more information, see the following Fact Sheets:
• 150: Stopping the Spread of HIV
• 151: Safer Sex Guidelines
• 152: How Risky Is It?
The Centers for Disease Control and Prevention (CDC) estimates that 1 to 1.2 million U.S. residents are living with HIV infection or AIDS; about a quarter of them do not know they have it. About 75 percent of the 40,000 new infections each year are in men, and about 25 percent in women. About half of the new infections are in Blacks, even though they make up only 12 percent of the US population.
In the mid-1990s, AIDS was a leading cause of death. However, newer treatments have cut the AIDS death rate significantly. For more information, see the US Government fact sheet at http://www.niaid.nih.gov/factsheets/aidsstat.htm.
________________________________________
WHAT HAPPENS IF I'M HIV POSITIVE?
You might not know if you get infected by HIV. Some people get fever, headache, sore muscles and joints, stomach ache, swollen lymph glands, or a skin rash for one or two weeks. Most people think it's the flu. Some people have no symptoms. Fact Sheet 103 has more information on the early stage of HIV infection.
The virus will multiply in your body for a few weeks or even months before your immune system responds. During this time, you won't test positive for HIV, but you can infect other people.
When your immune system responds, it starts to make antibodies. When this happens, you will test positive for HIV.
After the first flu-like symptoms, some people with HIV stay healthy for ten years or longer. But during this time, HIV is damaging your immune system.
One way to measure the damage to your immune system is to count your CD4 cells you have. These cells, also called "T-helper" cells, are an important part of the immune system. Healthy people have between 500 and 1,500 CD4 cells in a milliliter of blood. Fact Sheet 124 has has more information on CD4 cells.
Without treatment, your CD4 cell count will most likely go down. You might start having signs of HIV disease like fevers, night sweats, diarrhea, or swollen lymph nodes. If you have HIV disease, these problems will last more than a few days, and probably continue for several weeks.
________________________________________
HOW DO I KNOW IF I HAVE AIDS?
HIV disease becomes AIDS when your immune system is seriously damaged. If you have less than 200 CD4 cells or if your CD4 percentage is less than 14%, you have AIDS. See Fact Sheet 124 for more information on CD4 cells. If you get an opportunistic infection, you have AIDS. There is an "official" list of these opportunistic infections put out by the Centers for Disease Control (CDC). The most common ones are:
• PCP (Pneumocystis pneumonia), a lung infection;
• KS (Kaposi's sarcoma), a skin cancer;
• CMV (Cytomegalovirus), an infection that usually affects the eyes
• Candida, a fungal infection that can cause thrush (a white film in your mouth) or infections in your throat or vagina
AIDS-related diseases also includes serious weight loss, brain tumors, and other health problems. Without treatment, these opportunistic infections can kill you.
The official (technical) CDC definition of AIDS is available at http://www.cdc.gov/mmwr/preview/mmwrhtml/00018871.htm
AIDS is different in every infected person. Some people die a few months after getting infected, while others live fairly normal lives for many years, even after they "officially" have AIDS. A few HIV-positive people stay healthy for many years even without taking antiretroviral medications (ARVs).
________________________________________
IS THERE A CURE FOR AIDS?
There is no cure for AIDS. There are drugs that can slow down the HIV virus, and slow down the damage to your immune system. There is no way to "clear" the HIV out of your body.
Other drugs can prevent or treat opportunistic infections (OIs). In most cases, these drugs work very well. The newer, stronger ARVs have also helped reduce the rates of most OIs. A few OIs, however, are still very difficult to treat. See Fact Sheet 500 for more information on opportunistic infections.
________________________________________

source: The AIDS Infonet

World AIDS Day

2008-08-28T03:48:00.000-07:00

From Wikipedia, the free encyclopedia
Jump to: navigation, search

The Red Ribbon is the global symbol for solidarity with HIV-positive people and those living with AIDS.
World AIDS Day, observed December 1 each year, is dedicated to raising awareness of the AIDS pandemic caused by the spread of HIV infection. AIDS has killed more than 25 million people[citation needed], with an estimated 38.6 million people living with HIV[citation needed], making it one of the most destructive epidemics in recorded history. Despite recent, improved access to antiretroviral treatment and care in many regions of the world, the AIDS epidemic claimed an estimated 3.1 million (between 2.8 and 3.6 million) lives in 2005, of which more than half a million (570,000) were children.
The concept of a World AIDS Day originated at the 1988 World Summit of Ministers of Health on Programmes for AIDS Prevention. Since then, it has been taken up by governments, international organizations and charities around the world.
From its inception until 2004, UNAIDS spearheaded the World AIDS Day campaign, choosing annual themes in consultation with other global health organizations. In 2005 this responsibility was turned over to World AIDS Campaign (WAC), who chose Stop AIDS: Keep the Promise as the main theme for World AIDS Day observances through 2010, with more specific sub-taglines chosen annually. This theme is not specific to World AIDS Day, but is used year-round in WAC's efforts to highlight HIV/AIDS awareness within the context of other major global events including the G8 Summit. World AIDS Campaign also conducts “in-country” campaigns throughout the world, like the Student Stop AIDS Campaign, an infection-awareness campaign targeting young people throughout the UK.

World AIDS Day banner, European Commission building, Brussels

A large red ribbon hangs between columns in the north portico of the White House for World AIDS Day, November 30, 2007
A 67 m long "condom" on the Obelisk of Buenos Aires, Argentina, part of an awareness campaign for the 2005 World AIDS Day
It is common to hold memorials to honor persons who have died from HIV/AIDS on this day. Government and health officials also observe, often with speeches or forums on the AIDS topics. Since 1995 the President of the United States has made an official proclamation on World AIDS Day. Governments of other nations have followed suit and issued similar announcements.

WHAT DOES "AIDS" MEAN

2008-08-28T03:40:00.000-07:00

WHAT DOES "AIDS" MEAN?
AIDS stands for Acquired Immune Deficiency Syndrome:
• Acquired means you can get infected with it;
• Immune Deficiency means a weakness in the body's system that fights diseases.
• Syndrome means a group of health problems that make up a disease.
AIDS is caused by a virus called HIV, the Human Immunodeficiency Virus. If you get infected with HIV, your body will try to fight the infection. It will make "antibodies," special molecules to fight HIV.
A blood test for HIV looks for these antibodies. If you have them in your blood, it means that you have HIV infection. People who have the HIV antibodies are called "HIV-Positive." Fact Sheet 102 has more information on HIV testing.
Being HIV-positive, or having HIV disease, is not the same as having AIDS. Many people are HIV-positive but don't get sick for many years. As HIV disease continues, it slowly wears down the immune system. Viruses, parasites, fungi and bacteria that usually don't cause any problems can make you very sick if your immune system is damaged. These are called "opportunistic infections." See Fact Sheet 500 for an overview of opportunistic infections.
________________________________________
HOW DO YOU GET AIDS?
You don't actually "get" AIDS. You might get infected with HIV, and later you might develop AIDS. You can get infected with HIV from anyone who's infected, even if they don't look sick and even if they haven't tested HIV-positive yet. The blood, vaginal fluid, semen, and breast milk of people infected with HIV has enough of the virus in it to infect other people. Most people get the HIV virus by:
• having sex with an infected person
• sharing a needle (shooting drugs) with someone who's infected
• being born when their mother is infected, or drinking the breast milk of an infected woman
Getting a transfusion of infected blood used to be a way people got AIDS, but now the blood supply is screened very carefully and the risk is extremely low.
There are no documented cases of HIV being transmitted by tears or saliva, but it is possible to be infected with HIV through oral sex or in rare cases through deep kissing, especially if you have open sores in your mouth or bleeding gums. For more information, see the following Fact Sheets:
• 150: Stopping the Spread of HIV
• 151: Safer Sex Guidelines
• 152: How Risky Is It?
The Centers for Disease Control and Prevention (CDC) estimates that 1 to 1.2 million U.S. residents are living with HIV infection or AIDS; about a quarter of them do not know they have it. About 75 percent of the 40,000 new infections each year are in men, and about 25 percent in women. About half of the new infections are in Blacks, even though they make up only 12 percent of the US population.
In the mid-1990s, AIDS was a leading cause of death. However, newer treatments have cut the AIDS death rate significantly. For more information, see the US Government fact sheet at http://www.niaid.nih.gov/factsheets/aidsstat.htm.
________________________________________
WHAT HAPPENS IF I'M HIV POSITIVE?
You might not know if you get infected by HIV. Some people get fever, headache, sore muscles and joints, stomach ache, swollen lymph glands, or a skin rash for one or two weeks. Most people think it's the flu. Some people have no symptoms. Fact Sheet 103 has more information on the early stage of HIV infection.
The virus will multiply in your body for a few weeks or even months before your immune system responds. During this time, you won't test positive for HIV, but you can infect other people.
When your immune system responds, it starts to make antibodies. When this happens, you will test positive for HIV.
After the first flu-like symptoms, some people with HIV stay healthy for ten years or longer. But during this time, HIV is damaging your immune system.
One way to measure the damage to your immune system is to count your CD4 cells you have. These cells, also called "T-helper" cells, are an important part of the immune system. Healthy people have between 500 and 1,500 CD4 cells in a milliliter of blood. Fact Sheet 124 has has more information on CD4 cells.
Without treatment, your CD4 cell count will most likely go down. You might start having signs of HIV disease like fevers, night sweats, diarrhea, or swollen lymph nodes. If you have HIV disease, these problems will last more than a few days, and probably continue for several weeks.
________________________________________
HOW DO I KNOW IF I HAVE AIDS?
HIV disease becomes AIDS when your immune system is seriously damaged. If you have less than 200 CD4 cells or if your CD4 percentage is less than 14%, you have AIDS. See Fact Sheet 124 for more information on CD4 cells. If you get an opportunistic infection, you have AIDS. There is an "official" list of these opportunistic infections put out by the Centers for Disease Control (CDC). The most common ones are:
• PCP (Pneumocystis pneumonia), a lung infection;
• KS (Kaposi's sarcoma), a skin cancer;
• CMV (Cytomegalovirus), an infection that usually affects the eyes
• Candida, a fungal infection that can cause thrush (a white film in your mouth) or infections in your throat or vagina
AIDS-related diseases also includes serious weight loss, brain tumors, and other health problems. Without treatment, these opportunistic infections can kill you.
The official (technical) CDC definition of AIDS is available at http://www.cdc.gov/mmwr/preview/mmwrhtml/00018871.htm
AIDS is different in every infected person. Some people die a few months after getting infected, while others live fairly normal lives for many years, even after they "officially" have AIDS. A few HIV-positive people stay healthy for many years even without taking antiretroviral medications (ARVs).
________________________________________
IS THERE A CURE FOR AIDS?
There is no cure for AIDS. There are drugs that can slow down the HIV virus, and slow down the damage to your immune system. There is no way to "clear" the HIV out of your body.
Other drugs can prevent or treat opportunistic infections (OIs). In most cases, these drugs work very well. The newer, stronger ARVs have also helped reduce the rates of most OIs. A few OIs, however, are still very difficult to treat. See Fact Sheet 500 for more information on opportunistic infections.
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source: The AIDS Infonet

Each year, an estimated 40,000 Americans are newly infected with HIV - in part because 25 percent of the more than one million Americans who are believed to be living with HIV don't even know they are infected.

HIV testing is a key component in controlling the spread of HIV infection. For those who test positive for HIV, awareness can help them take steps to protect their own health and that of their partners - thus avoiding further transmission.

For those testing negative, the testing process is an opportunity to get informed and take action to avoid risks and stay uninfected.

Mesothelioma

2008-07-10T07:10:00.000-07:00

Mesothelioma
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Mesothelioma
Classification and external resources

Large mesothelioma of the right lung (left side of image) on CT scan. See diagnosis for legend.
ICD-10 C45.
ICD-9 163
ICD-O: 9050-9055
OMIM 156240
DiseasesDB 8074
MedlinePlus 000115
eMedicine med/1457
MeSH D008654
Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and chest cavity), but it may also occur in the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos. Unlike lung cancer, there is no association between mesothelioma and smoking.[1] Compensation via asbestos funds or lawsuits is an important issue in mesothelioma (see asbestos and the law).

The symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis can be made with chest X-rays and a CT scan, and confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing.

Mesothelioma Data, Statistics, & Information

2008-07-10T07:09:00.000-07:00

Mesothelioma Data, Statistics, & Information
Mesothelioma is fairly rare. There are an estimated 2,000 to 3,000 new cases of mesothelioma each year in the United States. The incidence of mesotheliomas in the United States increased from 1970 to 1990 and then stabilized. It may now be decreasing. Most of the past increase in cases, as well as the recent decrease in cases, has been in men. The rate, although lower, has been fairly steady for women. In European countries and world wide, the rate of mesotheliomas is still increasing.

Mesothelioma is a serious disease. The only known cause of mesothelioma is asbestos. By the time the symptoms appear and cancer is diagnosed, the disease is often advanced. The average survival time is about 1 year. The 5-year relative survival rate is around 10%, but this rate has been slowly improving. Better treatments have resulted in a more favorable outlook for recently diagnosed patients.

Mesothelioma is rare in people under age 55. Its incidence increases with age. Three-fourths of people with mesothelioma are over 65 years old. The disease affects men 5 times more often than women. Mesothelioma is less common in African Americans than in white Americans. A Comprehensive Mesothelioma Patient Guide can be found here

Additional Mesothelioma Statistics:
• Each year 2,500 to 4,000 patients in the U.S.are diagnosed with mesothelioma and asbestos-related diseases.
• Mesothelioma has a long latency (inactive) period of anywhere between 15 – 50 years.
• Experts predict that mesothelioma diagnoses will continue to increase in the United States for at least another 10 to 20 years.
• While many countries have banned certain forms of asbestos, an estimated 5,000 asbestos-containing products exist today.
• As many as 8 million people in the U.S. have already been exposed to asbestos and it continues to pose a serious threat to workers in certain occupations.
• One study of asbestos insulation workers reported a mesothelioma death rate up to 344 times higher than the general population.
• Most mesothelioma victims die within 18 months of diagnosis. Mortality is swift not because the cancer is fast-growing but because it usually is far advanced by the time it is detected.
• Poor prognostic variables include: nonepithelial histology, older age (greater than 75 years), pleural primary, chest pain at presentation, poor performance status, and elevated platelet count (greater than 400,000/mcL).
• By the year 2030 there are estimates that asbestos will have caused 60,000 instances of mesothelioma and around 250,000 other cancers that result in death.
• Over half a million asbestos and mesothelioma injury claims have been filed to date. Over 50,000 were filed in 1998 alone.
• Every year, more than 10,000 people worldwide (3,000 in the U.S. alone) are diagnosed with mesothelioma or other asbestos-related conditions.
• More than 110,000 schools in the U.S. still contain some form of asbestos.
• 8 million Americans have been exposed to dangerous levels of asbestos.
• Asbestos insulation workers have a mesothelioma death rate 344 times higher than that of the general population.
• More than 7,500 Americans died from mesothelioma between 1999 and 2001.
• The industries with the highest mesothelioma mortality rates are ship building and ship repairing.
• People working around industrial chemicals had the second-highest rate, and those in the construction industry were third.
• 85% of mesothelioma deaths are male; this has more to do with asbestos exposure than with gender.
• There is also a high rate of mesothelioma deaths among schoolteachers, many of whom are female.
• The average age of people diagnosed with mesothelioma is between 50 and 70, but the number of people diagnosed with mesothelioma between the ages of 30 and 40 is increasing.
• Asbestos is used to make more than 5,000 products worldwide.
• Even when mesothelioma treatment is possible, it is very expensive, sometimes costing between $400,000 and $800,000 for oxygen, drugs, pain medicine and other forms of treatment
http://www.mesothelioma-data.com/

Mesothelioma News

2008-07-10T07:08:00.000-07:00

Mesothelioma News is dedicated to bringing you comprehensive information on a full range of topics
about mesothelioma, including treatment, support, and legal help.
On Mesothelioma News you’ll find a great deal of information including:
• The types and symptoms of mesothelioma and diagnosis of the disease
• Up-to-date information about treatment options for mesothelioma
• Support groups and resources for patients and their families
• The relationship between asbestos exposure and mesothelioma
• Protecting your legal rights
Mesothelioma News is your site for the up-to-date information you need if you or a loved one has been affected by this disease.
The law firm of Baron & Budd, P.C. has been fighting for the rights of mesothelioma victims for nearly three decades. One of the firm’s founders filed one of the first asbestos lawsuits in the country against asbestos manufacturers. With more than 50 attorneys, over 200 staff, and offices in Texas, California, Louisiana, Ohio, and New York, Baron & Budd is one of America’s largest law firms that fights for the rights of people and families affected by mesothelioma. Our firm has successfully represented asbestos victims from throughout the country. Here are just some examples of compensation we have achieved for our clients:
The cases described here reflect the net amounts of the judgments or settlements our clients received after the deduction of attorneys fees and expenses-in other words, what our clients actually received. The actual settlement or verdict would be higher. These cases were all handled by Baron & Budd attorneys serving as lead counsel.
Specific Results Depend on the Facts of Each Case.
$10,603,661.00 Received by Client after Attorney’s Fees and Expenses for a gentleman who developed malignant mesothelioma as a result of his exposure to joint compound as a construction worker. This case went to trial and resulted in a significant verdict in favor of the gentleman, his wife and children that was listed by a national legal publication as one of the top verdicts in the U.S. that year. The case subsequently settled.
$6,356,942.00 Received by Client after Attorney’s Fees and Expenses, for the widow of a man who died at the age of 50 after developing asbestos-related mesothelioma. He was exposed to asbestos while serving in the Navy aboard nuclear submarines during the 1960s. This case went to trial against the manufacturer of an asbestos-containing pipe covering product. The jury awarded a significant verdict, which was affirmed on appeal.
$4,380,755.00 Received by Client after Attorney’s Fees and Expenses, for an ironworker who worked at a number of industrial sites throughout his career and who was diagnosed with mesothelioma at the age of 79

What is Mesothelioma - Continued

2008-07-10T07:07:00.000-07:00

While most cases of mesothelioma occur around the lungs, it can also occur in the abdominal mesothelium, called the peritoneum, or the pericardium. While mesothelioma is most common in the lungs, it is important to differentiate between mesothelioma and lung cancer. They are two very different types of cancer and require different types of treatment.
How Does Asbestos Exposure Occur?
Asbestos is a naturally occurring mineral that has been used for centuries in various products. Asbestos has many attributes that make it valuable, including fire resistance. Asbestos was used in many products that were made for protection from heat and flame. This included actual clothing, such as gloves, to stuffing asbestos insulation into electrical conduit, to using asbestos to make fire proof cloth for use in power plants or petroleum refineries.
Asbestos also has excellent insulation and noise deadening qualities. This meant that asbestos was used in many construction products, including floor and ceiling tiles and wall board. Any home built before 1978 probably contains asbestos somewhere.
Asbestos exposure occurs when the asbestos that is in the products becomes damaged. Once damaged, the asbestos fibers are released into the air. The fibers are microscopic, smaller even than a grain of pollen, and invisible to the naked eye. The asbestos fibers, if inhaled or ingested, can become lodged into the body where it can create severe medical problems.
What is Asbestosis?
Asbestosis is a chronic inflammation of the lungs. The inflammation is a direct result of exposure to asbestos. Asbestosis is a progressive disease with no cure. The inflammation causes shortness of breath, which will get progressively worse as the disease progresses. Physicians can treat some of the symptoms of asbestosis with auxiliary oxygen, but it will not cure the disease. Death due to asbestosis occurs by respiratory failure.
Your Long Term Health
Asbestos related diseases, including asbestos cancer, do not show up until decades after exposure. Because of the long latency period between exposure and illness it can be hard to determine if you will suffer from asbestosis or mesothelioma. While asbestos exposure is the only way to develop these health problems, you may reduce or delay their development by taking care of your lungs today.
To protect your breathing:
• If you do smoke, stop. In addition to mesothelioma and asbestosis, there is research that indicates that those who suffer from asbestos exposure and smoke are at a greatly increased risk of developing lung cancer.
• Stay physically fit. Everyone’s definition of physical fitness is different, but up to thirty minutes of activity most days of the week will provide the most benefit. Physical fitness is important for healthy lungs.
• Eat well. While there is no direct correlation proven between diet and mesothelioma or asbestosis, filling your meals with leafy and fibrous vegetables as well as whole grains has been proven to reduce the risk of other types of cancer.
What to do if you Think You May be at Risk?
If you think that you may have been exposed to asbestos at any time, it is important to share your concern with a physician. While asbestosis has no cure, early intervention can slow the progression of the disease. Mesothelioma is a very aggressive form of cancer, and one of the reasons that it has such a low survival rate is because it is not typically diagnosed until the disease is fairly advanced.
If you worked in an industry that has a high rate of asbestos exposure, you should consider yourself at risk of developing an asbestos related disease. Some occupations that had high rates of exposure include ship builders, petroleum plant workers, power plant workers and construction workers.
If you are concerned about asbestos in your home you should research the best remediation methods or hire an experienced contractor to do it for you. Although the remediation is not difficult, you must be careful and follow specific guidelines to reduce the risk of suffering from accidental exposure.
Asbestosis and mesothelioma are both serious conditions that can be a death sentence. While you may not be able to undue previous exposure to asbestos, you can commit to reducing your risk of exposure in the future, and take care of your body so that it will have the best chance of battling any disease that you may develop.

http://www.freewebs.com/mesothelioma/

Adjuvant Therapy for Breast Cancer: Questions and Answers

2008-07-10T07:06:00.000-07:00

Researchers have been studying breast cancer for many years to learn how best to treat this disease. They have given special attention to ways to prevent breast cancer from recurring (returning) after primary treatment.
Scientists once thought that breast cancer metastasizes (spreads) first to nearby tissue and underarm lymph nodes before spreading to other parts of the body. They now believe that cancer cells may break away from the primary tumor in the breast and begin to metastasize even when the disease is in an early stage.
Adjuvant therapy is treatment given in addition to the primary therapy to kill any cancer cells that may have spread, even if the spread cannot be detected by radiologic or laboratory tests. Studies have shown that adjuvant therapy for breast cancer may increase the chance of long-term survival by preventing a recurrence.
1. What types of primary therapy are used for breast cancer?
Primary therapy for breast cancer generally involves lumpectomy and radiation therapy or modified radical mastectomy. A lumpectomy is the removal of the primary breast tumor and a small amount of surrounding tissue. Usually, most of the underarm lymph nodes are also removed. A lumpectomy is followed by radiation treatment to the breast. A modified radical mastectomy is the removal of the whole breast, most of the lymph nodes under the arm, and often the lining over the chest muscles. The smaller of the two chest muscles is sometimes taken out to help in removing the lymph nodes.
Doctors are evaluating a new procedure, called sentinel lymph node biopsy or sentinel node biopsy, in which only a single lymph node is removed and tested to determine if the breast cancer has spread to lymph nodes under the arm. Clinical trials (research studies with humans) are in progress to determine the role of this procedure in the treatment of breast cancer.
2. What types of adjuvant therapy are used for breast cancer?
Because the principal purpose of adjuvant therapy is to kill any cancer cells that may have spread, treatment is usually systemic (uses substances that travel through the bloodstream, reaching and affecting cancer cells all over the body). Adjuvant therapy for breast cancer involves chemotherapy or hormone therapy, either alone or in combination:
• Adjuvant chemotherapy is the use of drugs to kill cancer cells. Research has shown that using chemotherapy as adjuvant therapy for early stage breast cancer helps to prevent the original cancer from returning. Adjuvant chemotherapy is usually a combination of anticancer drugs, which has been shown to be more effective than a single anticancer drug.
• Adjuvant hormone therapy deprives cancer cells of the female hormone estrogen, which some breast cancer cells need to grow. Most often, adjuvant hormone therapy is treatment with the drug tamoxifen. Research has shown that when tamoxifen is used as adjuvant therapy for early stage breast cancer, it helps to prevent the original cancer from returning and also helps to prevent the development of new cancers in the other breast.
The ovaries are the main source of estrogen prior to menopause. For premenopausal women with breast cancer, adjuvant hormone therapy may involve tamoxifen to deprive the cancer cells of estrogen. Drugs to suppress the production of estrogen by the ovaries are under investigation. Alternatively, surgery may be performed to remove the ovaries.
(Although this fact sheet focuses on systemic adjuvant therapy, radiation therapy is sometimes used as a local adjuvant treatment. Radiation therapy is considered adjuvant treatment when it is given before or after a mastectomy. Such treatment is intended to destroy breast cancer cells that have spread to nearby parts of the body, such as the chest wall or lymph nodes. Radiation therapy is part of primary therapy, not adjuvant therapy, when it follows breast-sparing surgery.)
3. What are prognostic factors, and what do they have to do with adjuvant therapy? Prognostic factors are characteristics of breast tumors that help predict whether the disease is likely to recur. Doctors consider these factors when they are deciding which patients might benefit from adjuvant therapy.
Several prognostic factors are commonly used to plan breast cancer treatment:
• Tumor size. Prognosis (probable outcome of the disease) is closely linked to tumor size. In general, patients with small tumors (2 centimeters [a little more than three-quarters of an inch] or less in diameter) have a better prognosis than do patients with larger tumors (especially those that are more than 5 centimeters [2 inches] in diameter).
• Lymph node involvement. Lymph nodes in the underarm are a common site of breast cancer spread. Doctors usually remove some of the underarm lymph nodes to determine whether they contain cancer cells. If cancer is found, the nodes are said to be “positive.” If the lymph nodes are free of cancer, the nodes are said to be “negative.” Breast cancer that is node-positive is more likely to recur than cancer that is node-negative because, if cancer cells have spread to the lymph nodes, it is more likely that they have also spread elsewhere in the body.
• Hormone receptor status. Cells in the breast contain receptors for the female hormones estrogen and progesterone. These receptors allow the breast tissue to grow or change in response to changing hormone levels.
Research has shown that about two-thirds of all breast cancers contain significant levels of estrogen receptors. These tumors are said to be estrogen receptor positive (ER+). About 40 percent to 50 percent of all breast cancers have progesterone receptors. These tumors are said to be progesterone receptor positive (PR+).
ER+ tumors tend to grow less aggressively than ER- tumors. The result is a better prognosis for patients with ER+ tumors.
• Histologic grade. This term refers to how much the tumor cells resemble normal cells when viewed under the microscope. Tumors composed of cells that closely resemble normal breast cells and structures are called well-differentiated. Tumors with cells that bear little or no resemblance to normal breast cells are called poorly differentiated. Tumors that have “in between” cells are called moderately differentiated. For most types of invasive breast cancer, patients who have tumors with cells that are well-differentiated tend to have a better prognosis.
• Proliferative capacity of a tumor. This factor refers to the rate at which the cancer cells divide to form more cells. Cells that have a high proliferative capacity divide more often and are more aggressive (fast growing) than those with a low proliferative capacity. Patients who have tumors with cells that have a low proliferative capacity (i.e., divide less often and grow more slowly) tend to have a better prognosis.
Scientists estimate the proliferative capacity of the tumor using such tests as flow cytometry, which includes the S-phase fraction measurement. The S-phase fraction is the percentage of tumor cells that are dividing. Tumors with a high S-phase fraction tend to have an increased risk of recurrence.
• Oncogene activation. The activation of an oncogene (a gene that causes or promotes unrestrained cell growth) can make normal cells become abnormal or convert a normal cell into a tumor cell. Patients whose tumor cells contain an oncogene called HER-2/neu, also called erb B-2, may be more likely to have a recurrence. Some research studies suggest that HER-2/neu may be associated with resistance to certain anticancer drugs; however, more research is needed.
4. Who is given adjuvant therapy? Although prognostic factors provide important information about the risk of recurrence, they do not enable doctors to predict exactly who will be cured by primary therapy and who may benefit from adjuvant therapy. Decisions about adjuvant therapy for breast cancer must be made on an individual basis, taking into account the prognostic factors described above, the woman’s menopausal status (whether she has gone through menopause), her general health, and her personal preference. This complicated decision-making process is best carried out by consulting an oncologist, a doctor who specializes in cancer treatment.
Clinical trials are in progress to learn how to identify women most likely to benefit from adjuvant therapy and those who do not require this treatment (see question 8).
5. When is adjuvant therapy started?
Adjuvant therapy usually begins within 6 weeks after surgery, based on the results of clinical trials in which the therapy was started within that time period. Doctors do not know how effective adjuvant therapy is in reducing the chance of recurrence when treatment is started at a later time.
6. How is adjuvant therapy given, and how long does it last?
Chemotherapy is given by mouth or by injection into a blood vessel. Either way, the drugs enter the bloodstream and travel throughout the body. Chemotherapy is given in cycles: a treatment period followed by a recovery period, then another treatment period, and so on. Most patients receive treatment in an outpatient part of the hospital or at the doctor’s office. Adjuvant chemotherapy usually lasts for 3 to 6 months.
In adjuvant hormone therapy, tamoxifen is taken orally. Tamoxifen enters the bloodstream and travels throughout the body. Most women take tamoxifen every day for 5 years. Studies have indicated that taking tamoxifen for longer than 5 years is not any more effective than taking it for 5 years. Premenopausal women may receive hormones by injection to suppress ovarian function. Alternatively, surgery can be performed to remove the ovaries.
7. What are some of the side effects of adjuvant therapy, and what can be done to help manage them? The side effects of chemotherapy depend mainly on the drugs the patient receives. As with other types of treatment, side effects vary from person to person. In general, anticancer drugs affect rapidly dividing cells. These include blood cells, which fight infection, cause the blood to clot, and carry oxygen to all parts of the body. When blood cells are affected by anticancer drugs, patients are more likely to get infections, bruise or bleed easily, and may have less energy during treatment and for some time afterward. Cells in hair follicles and cells that line the digestive tract also divide rapidly. As a result of chemotherapy, patients may lose their hair and may have other side effects, such as loss of appetite, nausea, vomiting, diarrhea, or mouth sores.
Doctors can prescribe medications to help control nausea and vomiting caused by chemotherapy. They also monitor patients for any signs of other problems and may adjust the dose or schedule of treatment if problems arise. In addition, doctors advise women who have a lowered resistance to infection because of low blood cell counts to avoid crowds and people who are sick or have colds. The side effects of chemotherapy are generally short-term problems. They gradually go away during the recovery part of the chemotherapy cycle or after the treatment is over.
In general, the side effects of tamoxifen are similar to some of the symptoms of menopause. The most common side effects are hot flashes, vaginal discharge, and nausea. As is the case with menopause, not all women who take tamoxifen have these symptoms. Most of these side effects do not require medical attention.
Doctors carefully monitor women taking tamoxifen for any signs of more serious side effects. Women taking tamoxifen, particularly those who are receiving chemotherapy along with tamoxifen, have a greater risk of developing a blood clot. The risk of having a blood clot due to tamoxifen is similar to the risk of a blood clot when taking estrogen replacement therapy. Women taking tamoxifen also have an increased risk of stroke.
Among women who have not had a hysterectomy (surgery to remove the uterus), the risk of developing endometrial cancer (cancer of the lining of the uterus) and uterine sarcoma (cancer of the muscular wall of the uterus) is increased in those taking tamoxifen. Women who take tamoxifen should talk with their doctor about having regular pelvic exams, and should be examined promptly if they have pelvic pain or any abnormal vaginal bleeding.
Careful studies have shown that the risks of adjuvant therapy for breast cancer are outweighed by the benefit of the treatment-increasing the chance of survival. Still, it is important for women to share any concerns they may have about their treatment or side effects with their doctor or other health care provider.
More information and printed materials about the side effects of chemotherapy and tamoxifen can be obtained from the Cancer Information Service or the other resources listed below.
8. How are doctors and scientists trying to answer questions about adjuvant therapy for breast cancer?
Doctors and scientists are conducting research studies called clinical trials to learn how to treat breast cancer more effectively. In these studies, researchers compare two or more groups of patients who receive different treatments. Such studies can show whether new treatments are more or less effective than standard ones and how the side effects compare. People who participate in clinical trials have the first opportunity to benefit from new treatments while helping to increase medical knowledge.
Women with breast cancer who are interested in taking part in a clinical trial can ask their doctor whether this would be appropriate for them. Information about current clinical trials can be obtained from the National Cancer Institute (NCI)-supported Cancer Information Service (see below) or the clinical trials page of the NCI’s Web site at http://www.cancer.gov/clinical_trials/ on the Internet.
http://www.cancer.gov/

Mesothelioma: Questions and Answers

2008-07-10T07:03:00.000-07:00

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.
1. What is the mesothelium?
The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures.
The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. The pericardium covers and protects the heart. The mesothelial tissue surrounding the male internal reproductive organs is called the tunica vaginalis testis. The tunica serosa uteri covers the internal reproductive organs in women.
2. What is mesothelioma?
Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.
3. How common is mesothelioma?
Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.
4. What are the risk factors for mesothelioma?
Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos.
Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed, and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.
Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person's risk of developing cancer of the air passageways in the lung.
5. Who is at increased risk for developing mesothelioma?
Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure.
The risk of asbestos-related disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestos-related diseases.
There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.
6. What are the symptoms of mesothelioma?
Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.
These symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis.
7. How is mesothelioma diagnosed?
Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient's medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful. A CT scan is a series of detailed pictures of areas inside the body created by a computer linked to an x-ray machine. In an MRI, a powerful magnet linked to a computer is used to make detailed pictures of areas inside the body. These pictures are viewed on a monitor and can also be printed.
A biopsy is needed to confirm a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer) removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.
If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.
Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.
8. How is mesothelioma treated?
Treatment for mesothelioma depends on the location of the cancer, the stage of the disease, and the patient's age and general health. Standard treatment options include surgery, radiation therapy, and chemotherapy. Sometimes, these treatments are combined.
• Surgery is a common treatment for mesothelioma. The doctor may remove part of the lining of the chest or abdomen and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Sometimes part of the diaphragm, the muscle below the lungs that helps with breathing, is also removed.
• Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. The radiation may come from a machine (external radiation) or from putting materials that produce radiation through thin plastic tubes into the area where the cancer cells are found (internal radiation therapy).
• Chemotherapy is the use of anticancer drugs to kill cancer cells throughout the body. Most drugs used to treat mesothelioma are given by injection into a vein (intravenous, or IV). Doctors are also studying the effectiveness of putting chemotherapy directly into the chest or abdomen (intracavitary chemotherapy).
To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. Radiation therapy and surgery may also be helpful in relieving symptoms.
9. Are new treatments for mesothelioma being studied?
Yes. Because mesothelioma is very hard to control, the National Cancer Institute (NCI) is sponsoring clinical trials (research studies with people) that are designed to find new treatments and better ways to use current treatments. Before any new treatment can be recommended for general use, doctors conduct clinical trials to find out whether the treatment is safe for patients and effective against the disease. Participation in clinical trials is an important treatment option for many patients with mesothelioma.
People interested in taking part in a clinical trial should talk with their doctor. Information about clinical trials is available from the Cancer Information Service (CIS) (see below) at 1–800–4–CANCER. Information specialists at the CIS use PDQ®, NCI's cancer information database, to identify and provide detailed information about specific ongoing clinical trials. Patients also have the option of searching for clinical trials on their own. The clinical trials page on the NCI's Cancer.gov Web site, located at http://www.cancer.gov/clinicaltrials on the Internet, provides general information about clinical trials and links to PDQ.
People considering clinical trials may be interested in the NCI booklet Taking Part in Cancer Treatment Research Studies. This booklet describes how research studies are carried out and explains their possible benefits and risks. The booklet is available by calling the CIS, or from the NCI Publications Locator Web site at http://www.cancer.gov/publications on the Internet.

Residence and domicile

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A pie chart showing the projected constituents of UK taxation receipts for the tax year 2008-2009, according to the 2008 Budget.
UK source income is generally subject to UK taxation no matter the citizenship nor the place of residence of the individual nor the place of registration of the company.
For individuals this means the UK income tax liability of one who is neither resident nor ordinarily resident in the UK is limited to any tax deducted at source on UK income, together with tax on income from a trade or profession carried on through a permanent establishment in the UK and tax on rental income from UK real estate.
Individuals who are both resident and domiciled in the UK are additionally liable to taxation on their worldwide income and gains. For individuals resident but not domiciled in the UK, foreign income and gains are taxed on the remittance basis, that is to say, only income and gains remitted to the UK are taxed (for such people the UK is sometimes called a tax haven).
Domicile here is a term with a technical meaning. Very roughly (and this is a considerable simplification) an individual is domiciled in the UK if it is his or her permanent home.
A company is resident in the UK if it is UK-incorporated or if its central management and control are in the UK (although in the former case a company could be resident in another jurisdiction in certain circumstances where a tax treaty applies).
Double taxation of non-UK income and gains is avoided by a number of bilateral tax treaties.
See IR20 - Residents and non-residents.
Income tax

UK income tax and National Insurance charges (2008–2009), prior to changes on 13 May 2008

UK income tax and National Insurance as a percentage of taxable pay (2008-2009), prior to changes on 13 May 2008
Income tax forms the bulk of revenues collected by the government. Each person has an income tax allowance, and income up to this amount in each tax year is free of tax for everyone. For 2008-09 the tax allowance for under 65s is £5,435.[1], however on 13th May 2008 Alistair Darling, announced plans to raise this personal allowance by £600 to £6,035. In the case of people receiving the full £120 benefit of this change, it will be accounted for beginning in September 2008 with a £60 tax reduction that month and then £10 per through March 2008. [2]
Above this amount there are a number of tax bands — each taxed at a different rate:
Rate (08-09) Dividend Income Savings Income Other Income (inc employment) Band (above any personal allowance)
Basic rate 10% 20% 20% (£0 - £36,000) £2,320 - £36,000
Higher rate 32.5% 40% 40% over £36,000
This table reflects the removal of the 10% Starting Rate as at April 2008, which also saw the 22% income tax rate drop to 20%.
The taxpayer's income is assessed for tax according to a prescribed order, with income from employment using up the personal allowance and being taxed first, followed by savings income (from interest or otherwise unearned) and then dividends, with capital gains always being taxed as the top "slice".
Figures for 2008-09.[1]
Note that these rates only apply to income within that tax band.
To work out how much someone with a dividend income of £7,665 would pay in 2008/09:
Deduct their allowance of £5,435 from their income of £7,665. This gives £2230. 10% of this is £223. So they are only liable to pay £223 in tax.
Dividends from UK companies are received with a notional 10% tax credit (£766.50 in this example), which would more than cover this liability. The excess of tax credit above the liability is, however, not refundable.
Savings income (for instance, interest received from investments, and/or capital gains) is taxed at a rate of 20% within the basic rate band, and at 40% above it (over £36,000 in 2008-09).
Income from share dividends is taxed at 10% up to the basic rate limit (£36,000) and at 32.5% above that.
Exemptions on Investment

UK central government expenditure projection for tax year 2008-2009, according to the 2008 Budget.
Certain investments carry a tax favoured status including:
• UK Government Bonds (Gilts)
While all income is taxable, gains are exempt for income tax purposes.
• National Savings and Investments
Certain investments via the state owned National Savings scheme are not subject to tax including Index linked Certificates (up to £15,000 per issue) and Premium Bonds a scheme that issues monthly prizes in place of interest on indivdual holdings up to £30,000.
• Individual Savings Accounts.
These permit up to £7,200 (Maximum of £3,600 in cash funds, and the balance being allocated either to mutual funds (Units Trusts and OEICs) or individual self-selected shares. No tax is deducted, although the 10% tax witheld on UK dividends cannot be reclaimed.
• Pension Funds
These have the same tax treatment as ISAs in terms of growth. Full tax relief is also given at the individual's marginal rate on contributions or, in the case of an employer contributions, it is treated as an expense and is not taxed on the employee as a benefit in kind. Aside from a tax free lump sum of 25% of the fund, benefits taken from pension funds are taxable.
• Venture Capital Trusts
These are investments in smaller companies or funds of holdings in such companies over a minimum term of five years. These are not taxable and qualify for 30% tax relief against an individual's income.
• Enterprise Investment Schemes
A non taxable investment into smaller company shares over three years that qualifies for 20% tax relief. The facility also allows an indiviudal to defer capital gains liabilities (these gains can be stripped out in future years using the annual CGT allowance.)
• Insurance bonds
These include offshore and onshore investment Bonds issued by insurance companies. The main difference between the two is that corporation tax onshore means that gains are treated as if basic rate tax has been paid (this cannot be reclaimed by zero or starting rate tax payers). With both versions up to 5% for each complete year of investment can be taken without an immediate tax liability (subject to a maximum total of 100% of the original investment. On this basis, investors can plan an income stream while deferring any chargeable withdrawals until they are on a lower rate of tax, are no longer a UK resident, or their death.
Capital gains tax
Capital gains are subject to tax at the marginal rate of income tax (for individuals) or of corporation tax (for companies).
Capital gains for individuals are taxed slightly differently from those for companies:
• The basic calculation for individuals (in very broad terms) is proceeds less cost; the gain is then subjected to an indexation allowance for periods of ownership from March 1982 to April 1998 (items acquired before March 1982 are generally revalued at their market value at that point) thereafter taper relief is applied (a percentage reduction which varies depending on how long the asset was held prior to its disposal with a years ownership being credited for an asset held before the introduction of taper relief, and whether the asset was a "business" asset or a "non-business" asset in the hands of the owner). Individuals also have a capital gains tax free amount or "annual exemption" (in 2006/07 this was £8,800, and in 2007/08 it is £9,200).[3]
• For companies, the chargeable gain is calculated (again, in very broad terms) as proceeds less cost; however, instead of taper relief, companies are entitled to indexation allowance, which is calculated with reference to movements in the retail prices index (individuals are also entitled to indexation allowance prior to April 1998). Companies are not entitled to any annual exemption.
The tax year
The Tax Year in the UK, which applies to income tax and other personal taxes, runs from 6 April in one year to 5 April the next (for income tax purposes). Hence the 2005-06 tax year runs from 6 April 2005 to 5 April 2006.
The odd dates are due to events in the mid-18th century. The English quarter days are traditionally used as the dates for collecting rents (on, for example, agricultural properties). The tax system was also based on a tax year ending on Lady Day (March 25). When the Gregorian calendar was adopted in the UK in September 1752 in place of the Julian calendar, the two were out of step by 11 days. However, it was felt unacceptable for the tax authorities to lose out on 11 days' tax revenues, so the start of the tax year was moved, firstly to 5 April and then, in 1800, to 6 April.
The tax year is sometimes also called the Fiscal Year. The Financial Year, used mainly for corporation tax purposes, runs from 1 April to 31 March (hence Financial Year 2005 runs from 1 April 2005 to 31 March 2006).
History
The income tax was first implemented in Britain by William Pitt the Younger in his budget of December 1798 to pay for weapons and equipment in preparation for the Napoleonic Wars. Pitt's new graduated (progressive) income tax began at a levy of 2d in the pound (0.8333%) on incomes over £60 and increased up to a maximum of 2s (10%) on incomes of over £200. Pitt hoped that the new income tax would raise £10 million, but actual receipts for 1799 totalled just over £6 million.[4]
Income tax was levied under five schedules—income not falling within those schedules was not taxed. The schedules were:
• Schedule A (tax on income from UK land)
• Schedule B (tax on commercial occupation of land)
• Schedule C (tax on income from public securities)
• Schedule D (tax on trading income, income from professions and vocations, interest, overseas income and casual income)
• Schedule E (tax on employment income)
Later a sixth Schedule, Schedule F (tax on UK dividend income) was added.
Pitt's income tax was levied from 1799 to 1802, when it was abolished by Henry Addington during the Peace of Amiens. Addington had taken over as prime minister in 1801, after Pitt's resignation over Catholic Emancipation. The income tax was reintroduced by Addington in 1803 when hostilities recommenced, but it was again abolished in 1816, one year after the Battle of Waterloo. The UK income tax was reintroduced by Sir Robert Peel in the Income Tax Act 1842. Peel, as a Conservative, had opposed income tax in the 1841 general election, but a growing budget deficit required a new source of funds. The new income tax, based on Addington's model, was imposed on incomes above £150.
UK income tax has changed over the years. Originally it taxed a person's income regardless of who was beneficially entitled to that income, but now a person only owes tax on income to which he or she is beneficially entitled. Most companies were taken out of the income tax net in 1965 when corporation tax was introduced. Also the Schedules under which tax is levied have changed. Schedule B was abolished in 1988, Schedule C in 1996 and Schedule E in 2003. For income tax purposes, the remaining schedules were superseded by the Income Tax (Trading and Other Income) Act 2005, which also repealed Schedule F completely. The Schedular system and Schedules A and D still remain in force for corporation tax. The highest rate peaked in the Second World War at 99.25% and remained at about 95% till the late 1970s.[citation needed]
In 1974 the top-rate of income tax increased to its highest rate since the war, 83%. This applied to incomes over £20,000, and combined with a 15% surcharge on 'un-earned' income (investments and dividends) could add to a 98% marginal rate of personal income tax. In 1974, just 750,000 people were eligible to pay the top-rate of income tax. [5] Margaret Thatcher, who favoured indirect taxation reduced personal income tax rates during the 1980s. [6]
The Finance Act 2004 introduced an income tax regime known as "pre-owned asset tax" which aims to reduce the use of common methods of inheritance tax avoidance.[7]
National Insurance contributions
Main article: National Insurance
The second largest source of government revenues is National Insurance contributions (NIC), payable by employees, employers and the self-employed. Unlike income tax, Class 1 (non self-employed persons) NIC is paid between lower and upper thresholds, or between £82 and £630 per week for 2005-06.[8] A zero rate of NIC applies to earnings between the lower earnings limit of £82 per week and the earnings threshold of £94 per week (in 2005-06) to protect employees' contributory benefit entitlements. National Insurance is levied at 11% (that is, 11p in the £), but can be contracted-out for persons with a qualifying pension scheme with a reduction of 1.6%. There has also been the addition of a 1% rate on income above the upper threshold in recent years. Employers pay an additional 12.8% on earnings over the lower earnings threshold (£94 per week), but without the upper threshold, so total earnings are taxed at 12.8% per employee.
Employers are additionally liable to Class 1A NIC at 12.8% on most benefits-in-kind provided to employees which are subject to income tax in the hands of the employee, and to Class 1B NIC (also at 12.8%) on the value of the tax and on certain benefits paid via a "PAYE Settlement Agreement".
There are also separate arrangements for self-employed persons (who are normally liable to Class 2 flat rate NIC and Class 4 earnings-related NIC), married women, and voluntary sector workers.
Value added tax
The third largest source of government revenues is value added tax (VAT), charged at the standard rate of 17.5% on supplies of goods and services. It is therefore a tax on consumer expenditure. Certain goods and services are exempt from VAT, and others are subject to VAT at a lower rate of 5% (the reduced rate) or 0% ("zero-rated").[9]
Corporation tax
Main article: United Kingdom corporation tax
The fourth largest source of government revenues is corporation tax, charged on the profits and chargeable gains of companies. The main rate is 30%, which is levied on taxable income above £1.5m. In 2005-06, income below this level was taxed at 0% and 19%,[10] but with marginal reliefs in between the bands. The 0% starting rate has been abolished with effect from 1 April 2006.
There is also a Supplementary charge to Corporation Tax for companies involved in petroleum exploration (for example in the North Sea) which is levied at a rate of 20% for profits arising from 1 January 2006 (previously the rate was 10%).
Excise duties
Excise duties are charged on, amongst other things, motor fuel, alcohol, tobacco, betting and vehicles.
Stamp duty
Stamp duty is charged on the transfer of shares and certain securities at a rate of 0.5%. Modernised versions of stamp duty, stamp duty land tax and stamp duty reserve tax, are charged respectively on the transfer of real estate and shares and securities, at rates of up to 4% and 0.5% respectively.[11]
Inheritance tax
Main article: Inheritance Tax (United Kingdom)
Inheritance tax is levied on "transfers of value", meaning:
1. the estates of deceased persons;
2. gifts made within seven years of death (known as Potentially Exempt Transfers or "PETs");
3. "lifetime chargeable transfers", meaning transfers into certain types of trust. See Taxation of trusts (United Kingdom). Legislation announced in the 2006 budget but not yet enacted will extend this category to many more trusts than previously.
The first slice of cumulative transfers of value (known as the "nil rate band") is free of tax. This threshold is currently set at £300,000 (tax year 2007-08)[12] and, although it is raised annually, it has recently failed to keep up with house price inflation with the result that some 6 million households currently fall within the scope of inheritance tax. Over this threshold the rate is 40% on death. Any inheritance tax must be paid by the executors or administrators of the estate (the burden falling upon the beneficiaries) before probate is granted.
Transfers of value between UK-domiciled spouses are exempt from tax. Recent changes to the tax mean that nil-rate bands will be transferable between spouses to reduce this burden - something which previously could only be done by setting up complex trusts.
Gifts made more than seven years prior to death are not taxed; if they are made between three and seven years before death a tapered inheritance tax rate applies. There are some important exceptions to this treatment: the most important is the "reservation of benefit rule", which says that a gift is ineffective for inheritance tax purposes if the giver benefits from the asset in any way after the gift (for example, by gifting a house but continuing to live in it).
Motoring taxation
Main article: Motoring taxation in the United Kingdom
Motoring taxes include: fuel duty (which itself also attracts VAT), and vehicle excise duty. Other fees and charges include the London congestion charge, various statutory fees including that for the compulsory vehicle test and that for vehicle registration, and in some areas on-street parking (as well as associated charges for violations).
Business rates
Main article: Business rates
Business rates is the commonly used name of non-domestic rates, a United Kingdom rate or tax charged to occupiers of non-domestic property. Business rates were introduced in England and Wales in 1990, and are a modernised version of a system of rating that dates back to the Elizabethan Poor Law of 1601. As such, business rates retain many previous features from, and follow some case law of, older forms of rating.
Business rates form part of the funding for local authorities, and are collected by them, but rather than receipts being retained directly they are pooled centrally and then redistributed. In 2005/06, £19.9 billion was collected in business rates, representing 4.35% of the total UK tax income.[13]
Business rates are a property tax, where each non-domestic property is assessed with a rateable value, expressed in pounds. The rateable value broadly represents the annual rent the property could have been let for on a particular valuation date according to a set of assumptions. The actual bill payable is then calculated using a multiplier set by central government, and applying any reliefs.[14]

Contract

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For other uses, see Contract (disambiguation).

A contract is an exchange of promises between two or more people
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept).[1] Breach of contract is recognised by the law and remedies can be provided. Almost everyone makes contracts every day. Sometimes written contracts are required, such as when buying a house.[2] However, most contracts can be and are made orally, like buying a law textbook, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution).
According to legal scholar Sir John William Salmond, a contract is "an agreement creating and defining the obligations between two or more parties".
Contractual formation

The Carbolic Smoke Ball offer
In common law, there are five key requirements for the creation of a contract. These are offer and acceptance (agreement), consideration, an intention to create legal relations, capacity and Formalities. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds.
One of the most famous cases on forming a contract is Carlill v. Carbolic Smoke Ball Company,[3] decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, or mere puff, a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here is a distinct promise expressed in language which is perfectly unmistakable". Where a product in large quantities is advertised for in a newspaper or on a poster it is generally regarded as an offer, however if the person who is to buy the advertised product is of importance, i.e. his personality etc, when buying e.g. land, it is merely an invitation to treat. In Carbolic Smoke Ball the major difference was that a reward was included into the advertisement which is a general exception to the rule and is then treated as an offer.
Offer and acceptance
Main article: Offer and acceptance
The most important feature of a contract is that one party makes an offer for a bargain that another accepts. This can be called a 'concurrence of wills' or a 'meeting of the minds' of two or more parties. There must be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement.[4] An objective perspective means that it is only necessary that somebody gives the impression of offering or accepting contractual terms in the eyes of a reasonable person, not that they actually did want to contract.
The case of Carlill v. Carbolic Smoke Ball Co. (above) is an example of a 'unilateral contract', obligations are only imposed upon one party upon acceptance by performance of a condition. In the U.S., the general rule is that in "case of doubt, an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses."[5]
Offer and acceptance does not always need to be expressed orally or in writing. An implied contract is one in which some of the terms are not expressed in words. This can take two forms. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a checkup, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact. A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. For example, say a plumber accidentally installs a sprinkler system in the lawn of the wrong house. The owner of the house had learned the previous day that his neighbor was getting new sprinklers. That morning, he sees the plumber installing them in his own lawn. Pleased at the mistake, he says nothing, and then refuses to pay when the plumber hands him the bill. Will the man be held liable for payment? Yes, if it could be proven that the man knew that the sprinklers were being installed mistakenly, the court would make him pay because of a quasi-contract. If that knowledge could not be proven, he would not be liable. Such a claim is also referred to as "quantum meruit".[6]
See also: Invitation to treat
Consideration and estoppel
Main articles: Consideration and estoppel
Consideration is a controversial requirement for contracts under common law (for example money). It is not necessary in civil law systems,[7] and for that reason has come under increasing criticism. The idea is that both parties to a contract must bring something to the bargain. This can be either conferring an advantage on the other party, or incurring some kind of detriment or inconvenience. Three rules govern consideration.
• Consideration must be sufficient, but need not be adequate. For instance, agreeing to buy a car for a penny may constitute a binding contract.[8] While consideration need not be adequate, contracts in which the consideration of one party greatly exceeds that of another may nevertheless be held invalid for lack of sufficient consideration. In such cases, the fact that the consideration is exceedingly unequal can be evidence that there was no consideration at all. Such contracts may also be held invalid for other reasons such as fraud, duress, unequal bargaining power, or being contrary to public policy. In some situations, a collateral contract may exist, whereby the existence of one contract provides consideration for another. Critics say consideration can be so small as to make the requirement of any consideration meaningless.
• Consideration must not be from the past. For instance, in Eastwood v. Kenyon,[9] the guardian of a young girl raised a loan to educate the girl and to improve her marriage prospects. After her marriage, her husband promised to pay off the loan. It was held that the guardian could not enforce the promise as taking out the loan to raise and educate the girl was past consideration, because it was completed before the husband promised to repay it.
• Consideration must move from the promisee. For instance, it is good consideration for person A to pay person C in return for services rendered by person B. If there are joint promisees, then consideration need only to move from one of the promisees.
Civil law systems take the approach that an exchange of promises, or a concurrence of wills alone, rather than an exchange in valuable rights is the correct basis. So if you promised to give me a book, and I accepted your offer without giving anything in return, I would have a legal right to the book and you could not change your mind about giving me it as a gift. However, in common law systems the concept of culpa in contrahendo, a form of 'estoppel', is increasingly used to create obligations during pre-contractual negotiations.[10] Estoppel is an equitable doctrine that provides for the creation of legal obligations if a party has given another an assurance and the other has relied on the assurance to his detriment. A number of commentators have suggested that consideration be abandoned, and estoppel be used to replace it as a basis for contracts.[11] However, legislation, rather than judicial development, has been touted as the only way to remove this entrenched common law doctrine. Lord Justice Denning famously stated "The doctrine of consideration is too firmly fixed to be overthrown by a side-wind."[12]
See also: Consideration under English law and Consideration under American law
Intention to be legally bound
There is a presumption for commercial agreements that parties intend to be legally bound (unless the parties expressly state that they do not want to be bound like in heads of agreement. On the other hand, many kinds of domestic and social agreements are unenforceable on the basis of public policy, for instance between children and parents. One early example is found in Balfour v. Balfour.[13] Using contract-like terms, Mr Balfour had agreed to give his wife £30 a month as maintenance while he was living in Ceylon (Sri Lanka). Once he left, they separated and Mr Balfour stopped payments. Mrs Balfour brought an action to enforce the payments. At the Court of Appeal, the Court held that there was no enforceable agreement as there was not enough evidence to suggest that they were intending to be legally bound by the promise.
The case is often cited in conjunction with Merritt v. Merritt.[14] Here the court distinguished the case from Balfour v. Balfour because Mr and Mrs Merritt, although married again, were estranged at the time the agreement was made. Therefore any agreement between them was made with the intention to create legal relations.
The abstraction principle
Main article: Abstraction principle
Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (Abstraktionsprinzip) means that the personal obligation of contract forms separately to the title of property being conferred. When contracts are invalidated for some reason, e.g. a car buyer was so drunk that he lacked legal capacity to contract,[15] the contractual obligation to pay can be invalidated separate from proprietary title of the car. Unjust enrichment law, rather than the law of contract, is then used to restore title to the rightful owner.
Formalities and writing
Main article: Statute of frauds
Contrary to common wisdom, an informal exchange of promises can still be binding and legally as valid as a written contract. A spoken contract should be called an oral contract, which might be considered a subset of verbal contracts. Any contract that uses words, spoken or written, is a verbal contract. Thus, all oral contracts and written contracts are verbal contracts. This is in contrast to a "non-verbal, non-oral contract," also known as "a contract implied by the acts of the parties", which can be either implied in fact or implied in law.
Most jurisdictions have rules of law or statutes which may render otherwise valid oral contracts unenforceable. This is especially true regarding oral contracts involving large amounts of money or real estate. For example, in the U.S., generally speaking, a contract is unenforceable if it violates the common law statute of frauds or equivalent state statutes, which require certain contracts to be in writing. An example of the above is an oral contract for the sale of a motorcycle for US$5,000 in a jurisdiction which requires a contract for the sale of goods over US$500 to be in writing to be enforceable. The point of the Statute of Frauds is to prevent false allegations of the existence of contracts that were never made, by requiring formal (i.e. written) evidence of the contract, however, a common remark is that more frauds have been committed through the application of the Statute of Frauds than have ever been prevented. Contracts that do not meet the requirements of common law or statutory Statutes of Frauds are unenforceable, but are not necessarily thereby void. However, a party unjustly enriched by an unenforceable contract may be subject to restitution for unjust enrichment. Statutes of Frauds are typically codified in state statutes covering specific types of contracts, such as contracts for the sale of real estate.
In Australia and many, if not all, jurisdictions which have adopted the common law of England, for contracts subject to legislation equivalent to the Statute of Frauds, there is no requirement for the entire contract to be in writing, although there must be a note or memorandum evidencing the contract, which may come into existence after the contract has been formed. The note or memorandum must be signed in some way, and a series of documents may be used in place of a single note or memorandum. It must contain all material terms of the contract, the subject matter and the parties to the contract. In England and Wales, the common law Statute of Frauds is still in force, but only for guarantees, which must be evidenced in writing, although the agreement may be made orally. Certain other kinds of contract must be in writing or they are void, for instance, for sale of land under s. 52, Law of Property Act 1925.
If a contract is in a written form, and somebody signs the contract, then the person is bound by its terms regardless of whether they have read it or not,[16] provided the document is contractual in nature.[17] Furthermore, if a party wishes to use a document as the basis of a contract, reasonable notice of its terms must be given to the other party prior to their entry into the contract.[18] This includes such things as tickets issued at parking stations.

UK competition law

2008-06-20T19:13:00.001-07:00

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"Making markets work well for consumers" is the purpose of UK competition law
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However if the effect of a business' conduct would reach across borders, the European Union has competence to deal with the problems, and exclusively EU law would apply. Even so, the section 59 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks.
• prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
• banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others.
• supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue competing.
The Office of Fair Trading (OFT) and the Competition Commission are the two primary regulatory bodies for competition law enforcement. The OFT's slogan is that it "makes markets work well for consumers". Consumer welfare is usually thought of as the dominant objective of competition law, though it may connect with a number of difficult questions relating to industrial policy, regional development, protection of the environment and the running of public services. Competition law is closely connected with law on deregulation of access to markets, state aids and subsidies, the privatisation of state owned assets and the establishment of independent sector regulators. Specific "watchdog" agencies such as Ofgem, Ofcom and Ofwat are charged with seeing how the operation of those specific markets work. The OFT and the Competition Commission's work is generally confined to the rest.
Contents
[hide]
• 1 Competition law history
o 1.1 Classical trade theory
o 1.2 Restraint of trade
o 1.3 Twentieth century change
• 2 European Union law
• 3 Competition Act 1998
• 4 Enterprise Act 2002
• 5 Office of Fair Trading
• 6 Competition Commission
• 7 See also
• 8 Notes
• 9 References
• 10 Further reading
• 11 External links

[edit] Competition law history
See also: Lex Mercatoria, Guilds, and Renaissance

Edward III during the Black Death enacted the Statute of Labourers to cap wages, and provide double damages against infringers
Legislation in England to control monopolies and restrictive practices were in force well before the Norman Conquest.[1] The Domesday Book recorded that "foresteel" (i.e. forestalling, the practice of buying up goods before they reach market and then inflating the prices) was one of three forfeitures that King Edward the Confessor could carry out through England.[2] But concern for fair prices also led to attempts to directly regulate the market. Under Henry III an act was passed in 1266[3] to fix bread and ale prices in correspondence with corn prices laid down by the assizes. Penalties for breach included amercements, pillory and tumbrel.[4] A fourteenth century statute labelled forestallers as "oppressors of the poor and the community at large and enemies of the whole country."[5] Under King Edward III the Statute of Labourers of 1349[6] fixed wages of artificers and workmen and decreed that foodstuffs should be sold at reasonable prices. On top of existing penalties, the statute stated that overcharging merchants must pay the injured party double the sum he received, an idea that has been replicated in punitive treble damages under US antitrust law. Also under Edward III, the following statutory provision in the poetic language of the time outlawed trade combinations.[7]
"...we have ordained and established, that no merchant or other shall make Confederacy, Conspiracy, Coin, Imagination, or Murmur, or Evil Device in any point that may turn to the Impeachment, Disturbance, Defeating or Decay of the said Staples, or of anything that to them pertaineth, or may pertain."
In 1553 King Henry VIII reintroduced tariffs for foodstuffs, designed to stabilise prices, in the face of fluctuations in supply from overseas. So the legislation read here that whereas,
"it is very hard and difficult to put certain prices to any such things... [it is necessary because] prices of such victuals be many times enhanced and raised by the Greedy Covetousness and Appetites of the Owners of such Victuals, by occasion of ingrossing and regrating the same, more than upon any reasonable or just ground or cause, to the great damage and impoverishing of the King's subjects."[8]

Elizabeth I assured monopolies would not be abused in the early era of globalisation
Around this time organisations representing various tradesmen and handicraftspeople, known as guilds had been developing, and enjoyed many concessions and exemptions from the laws against monopolies. The privileges conferred were not abolished until the Municipal Corporations Act 1835. In 1561 a system of Industrial Monopoly Licences, similar to modern patents had been introduced into England. But by the reign of Queen Elizabeth I, the system was reputedly much abused and used merely to preserve privileges, encouraging nothing new in the way of innovation or manufacture.[9] When a protest was made in the House of Commons and a Bill was introduced, the Queen convinced the protesters to challenge the case in the courts. This was the catalyst for the Case of Monopolies or Darcy v. Allin.[10] The plaintiff, an officer of the Queen's household, had been granted the sole right of making playing cards and claimed damages for the defendant's infringement of this right. The court found the grant void and that three characteristics of monopoly were (1) price increases (2) quality decrease (3) the tendency to reduce artificers to idleness and beggary.
This put a temporary end to complaints about monopoly, until King James I began to grant them again. In 1623 Parliament passed the Statute of Monopolies, which for the most part excluded patent rights from its prohibitions, as well as guilds. From King Charles I, through the civil war and to King Charles II, monopolies continued, especially useful for raising revenue.[11] Then in 1684, in East India Company v. Sandys[12] it was decided that exclusive rights to trade only outside the realm were legitimate, on the grounds that only large and powerful concerns could trade in the conditions prevailing overseas. In 1710 to deal with high coal prices caused by a Newcastle Coal Monopoly the New Law was passed.[13] Its provisions stated that "all and every contract or contracts, Covenants and Agreements, whether the same be in writing or not in writing... are hereby declared to be illegal." When Adam Smith wrote the Wealth of Nations in 1776[14] he was somewhat cynical of the possibility for change.
"To expect indeed that freedom of trade should ever be entirely restored in Great Britain is as absurd as to expect that Oceana or Utopia should ever be established in it. Not only the prejudices of the public, but what is more unconquerable, the private interests of many individuals irresistibly oppose it. The Member of Parliament who supports any proposal for strengthening this Monopoly is seen to acquire not only the reputation for understanding trade, but great popularity and influence with an order of men whose members and wealth render them of great importance."
[edit] Classical trade theory
See also: Competition law theory and Classical economics

John Stuart Mill believed the restraint of trade doctrine was justified to preserve liberty and competition
The classical British perspective on competition was that certain agreements and business practice could be an unreasonable restraint on the individual liberty of tradespeople to carry on their livelihoods. Restraints were judged as permissible or not by courts as new cases appeared and in the light of changing business circumstances. Hence the courts found specific categories of agreement, specific clauses, to fall foul of their doctrine on economic fairness, and they did not contrive an overarching conception of market power. Adam Smith rejected any monopoly power on this basis.
"A monopoly granted either to an individual or to a trading company has the same effect as a secret in trade or manufactures. The monopolists, by keeping the market constantly under-stocked, by never fully supplying the effectual demand, sell their commodities much above the natural price, and raise their emoluments, whether they consist in wages or profit, greatly above their natural rate."[15]
In The Wealth of Nations (1776) Adam Smith also pointed out the cartel problem, but did not advocate legal measures to combat them.
"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to facilitate such assemblies; much less to render them necessary."[16]
Smith also rejected the very existence of, not just dominant and abusive corporations, but corporations at all.[17]
By the latter half of the nineteenth century it had become clear that large firms had become a fact of the market economy. John Stuart Mill's approach was laid down in his treatise On Liberty (1859).
"Again, trade is a social act. Whoever undertakes to sell any description of goods to the public, does what affects the interest of other persons, and of society in general; and thus his conduct, in principle, comes within the jurisdiction of society... both the cheapness and the good quality of commodities are most effectually provided for by leaving the producers and sellers perfectly free, under the sole check of equal freedom to the buyers for supplying themselves elsewhere. This is the so-called doctrine of Free Trade, which rests on grounds different from, though equally solid with, the principle of individual liberty asserted in this Essay. Restrictions on trade, or on production for purposes of trade, are indeed restraints; and all restraint, qua restraint, is an evil..."[18]
[edit] Restraint of trade
Main article: Restraint of trade

Judge Coke in the 17th century thought that general restraints on trade were unreasonable
The English law of restraint of trade is the direct predecessor to modern competition law.[19] Its current use is small, given modern and economically oriented statutes in most common law countries. Its approach was based on the two concepts of prohibiting agreements that ran counter to public policy, unless the reasonableness of an agreement could be shown. A restraint of trade is simply some kind of agreed provision that is designed to restrain another's trade. For example, in Nordenfelt v. Maxim, Nordenfelt Gun Co.[20] a Swedish arm inventor promised on sale of his business to an American gun maker that he "would not make guns or ammunition anywhere in the world, and would not compete with Maxim in any way."
To be consider whether or not there is a restraint of trade in the first place, both parties must have provided valuable consideration for their agreement. In Dyer's case[21] a dyer had given a bond not to exercise his trade in the same town as the plaintiff for six months but the plaintiff had promised nothing in return. On hearing the plaintiff's attempt to enforce this restraint, Hull J exclaimed,
"per Dieu, if the plaintiff were here, he should go to prison until he had paid a fine to the King."
The common law has evolved to reflect changing business conditions. So in the 1613 case of Rogers v. Parry[22] a court held that a joiner who promised not to trade from his house for 21 years could have this bond enforced against him since the time and place was certain. It was also held that a man cannot bind himself to not use his trade generally by Chief Justice Coke. This was followed in Broad v. Jolyffe[23] and Mitchell v. Reynolds[24] where Lord Macclesfield asked, "What does it signify to a tradesman in London what another does in Newcastle?" In times of such slow communications, commerce around the country it seemed axiomatic that a general restraint served no legitimate purpose for one's business and ought to be void. But already in 1880 in Roussillon v. Roussillon[25] Lord Justice Fry stated that a restraint unlimited in space need not be void, since the real question was whether it went further than necessary for the promisee's protection. So in the Nordenfelt[26] case Lord McNaughton ruled that while one could validly promise to "not make guns or ammunition anywhere in the world" it was an unreasonable restraint to "not compete with Maxim in any way." This approach in England was confirmed by the House of Lords in Mason v. The Provident Supply and Clothing Co.[27]
[edit] Twentieth century change

Labour Minister Sir Stafford Cripps was Chancellor of the Exchequer responsible for Britain's first Act resembling modern competition law in 1948
Modern competition law is heavily influenced by the American experience. The so called Sherman Act of 1890 and the Clayton Act of 1914 (in the US they often name legislation after the people who propose it) were passed by Presidents concerned about the threat of big business to the power of the government. It was originally used to break up the "trust" arrangements, big company groups with intricate power sharing schemes. This is where their word "antitrust" comes from. The legislation was modelled on the restraint of trade doctrine they had inherited from English law. After the Second World War the American version of competition policy was imposed on Germany and Japan. It was thought that one of the ways Hitler and the Emperor had been able to assume such absolute power was simply by bribing or coercing the relatively small numbers of big cartel and zaibatsu chiefs into submission. Economic control meant political supremacy, and competition policy was necessary to destroy it. Under the Treaty of Rome, which founded the European Economic Community, competition laws were inserted. The American jurisprudence was naturally influential, as the European Court of Justice interpreted the relevant provisions (now Article 81 and Article 82) through its own developing body of case law.
In the mean time, Britain's own approach moved slowly, and saw no urgency for a similar competition law regime. The common law continued to serve its purpose, and debate about economic policy had become radically different after the First World War. A number of key industries had been nationalised, and the new Labour Party was committed to a socialist economic agenda: progressive democratic ownership of the means of production. In other words, the debate about economic policy was being had on a totally different level. Controlling private industry from arms length regulatory mechanisma was neither here nor there. After the second world war, this case was strengthened, yet Clement Atlee's Labour government did introduce the Monopolies and Restrictive Practices (Inquiry and Control) Act 1948. Far more limited than the Americanesque versions, this was updated in 1953 and added to with the Monopolies and Mergers Act 1965.
[edit] European Union law
Main article: European Community competition law

The signatories to the Treaty of Rome which covers EU competition laws
The United Kingdom joined the European Community with the European Community Act 1972, and through that became subject to EC competition law. Since the Maastricht Treaty of 1992, the EC was renamed as the European Union. Competition law falls under the social and economic pillar of the treaties. So where a British company is carrying out unfair business practices, is involved in a cartel or is attempting to merge in a way which would disrupt competition across UK borders, the Commission of the European Union will have enforcement powers and exclusively EU law will apply. The first provision is Article 81 EC, which deals with cartels and restrictive vertical agreements. Prohibited are...
"(1) ...all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market..."
Article 81(1) EC then gives examples of "hard core" restrictive practices such as price fixing or market sharing and 81(2) EC confirms that any agreements are automatically void. However, just like the Statute of Monopolies 1623, Article 81(3) EC creates exemptions, if the collusion is for distributional or technological innovation, gives consumers a "fair share" of the benefit and does not include unreasonable restraints (or disproportionate, in ECJ terminology) that risk eliminating competition anywhere. Article 82 EC deals with monopolies, or more precisely firms who have a dominant market share and abuse that position. Unlike U.S. Antitrust, EC law has never been used to punish the existence of dominant firms, but merely imposes a special responsibility to conduct oneself appropriately. Specific categories of abuse listed in Article 82 EC include price discrimination and exclusive dealing, much the same as sections 2 and 3 of the U.S. Clayton Act. Also under Article 82 EC, the European Council was empowered to enact a regulation to control mergers between firms, currently the latest known by the abbreviation of ECMR "Reg. 139/2004". The general test is whether a concentration (i.e. merger or acquisition) with a community dimension (i.e. affects a number of EU member states) might significantly impede effective competition. Again, the similarity to the Clayton Act's substantial lessening of competition. Finally, Articles 86 and 87 EC regulate the state's role in the market. Article 86(2) EC states clearly that nothing in the rules cannot be used to obstruct a member state's right to deliver public services, but that otherwise public enterprises must play by the same rules on collusion and abuse of dominance as everyone else. Article 87 EC, similar to Article 81 EC, lays down a general rule that the state may not aid or subsidise private parties in distortion of free competition, but then grants exceptions for things like charities, natural disasters or regional development.

Administration

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Administration
Federal taxes are collected by the Canada Revenue Agency (CRA), formerly known as "Revenue Canada" or the "Canada Customs and Revenue Agency".
Under "Tax Collection Agreements", CRA collects and remits to the provinces:
• Provincial personal income taxes on behalf of all provinces except Quebec, so that individuals outside of Quebec file only one set of tax forms each year for their federal and provincial income taxes.
• Corporate taxes on behalf of all provinces except Quebec and Alberta.
• Provincial sales taxes in New Brunswick, Nova Scotia and Newfoundland and Labrador.
The Ministère du revenu du Québec collects the GST in Quebec on behalf of the federal government, and remits it to Ottawa.
History
When the Canadian federation was formed in 1867, the British North America Act attempted to create a federal government with unlimited revenue gathering abilities. The federal government was entrusted with the high cost programs of the time, most notably defence and the building of railways. The provinces were given limited taxation power as they could only impose direct taxes such as sales taxes, property taxes, and income taxes (although they also maintained control over most resource revenues as well). At the time, it was believed that the provinces had adequate revenue sources as major areas of provincial government spending today were generally not funded by the government (such as social assistance and medical care).
For the early part of Canadian history most federal government revenue came from tariffs on trade with excise taxes making up the rest of the government's funding. The largest source of provincial funding was licenses, permits, and transfers of funds from the federal government. The first corporate taxes were introduced at the end of the nineteenth century.
A crisis developed during the Great Depression because the provinces were responsible for skyrocketing welfare costs, but could not raise enough revenue since the taxes permitted to the provinces were so dependent on the health of the economy. The federal government still had considerable revenues however, which resulted in a system of transfer payments between the two levels of government. The transfer payments are still in place today.
The First World War had mostly been financed by traditional means, but in 1917, a tax on income was introduced as a temporary measure to fund the war. The income tax has since become a permanent feature of the Canadian tax system. The Second World War led to dramatic change in the tax system. The percentage of Canadian government revenue from indirect taxes fell from 90% in 1913 to less than 40% by 1946. Instead, Canadians began to pay income taxes and direct taxes has since provided the greatest bulk of government funding.
Personal income taxes
Both the federal and provincial governments have imposed income taxes on individuals, and these are the most significant sources of revenue for those levels of government accounting for over 40% of tax revenue. The federal government charges the bulk of income taxes with the provinces charging a somewhat lower percentage. Income taxes throughout Canada are progressive with the high income residents paying a higher percentage than the low income residents.
Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.
Federal and provincial income tax rates are shown at Canada Revenue Agency's website.
Personal income tax can be deferred in a Registered Retirement Savings Plan (RRSP), a tax sheltered savings account or mutual fund that is intended to help individuals save for their retirement.
Corporate taxes
Companies and corporations pay tax on profit income and on capital. These make up a relatively small portion of total tax revenue. Tax is paid on corporate income at the corporate level before it is distributed to individual shareholders as dividends. A tax credit is provided to individuals who receive dividend to reflect the tax paid at the corporate level. This credit does not eliminate double taxation of this income completely, however, resulting in a higher level of tax on dividend income than other types of income. (Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.) Corporations may deduct the cost of capital following capital cost allowance regulations.
Starting in 2002, several large companies converted into "income trusts" in order to reduce or eliminate their income tax payments, making the trust sector the fastest-growing in Canada as of 2005. Conversions were largely halted on October 31, 2006, when Finance Minister Jim Flaherty announced that new income trusts would be subject to a tax system similar to that of corporations, and that these rules would apply to existing income trusts after 2011.

Sales taxes

The federal government levies a multi-stage sales tax of 5% (6% prior to January 1, 2008), that is called the Goods and Services Tax (GST), and, in some provinces, the Harmonized Sales Tax (HST). The GST/HST is similar to a value-added tax.
All provincial governments except Alberta levy sales taxes as well. The provincial sales taxes of Nova Scotia, New Brunswick and Newfoundland and Labrador are harmonized with the GST. That is, a rate of 13% HST is charged instead of separate PST and GST. Both Quebec and Prince Edward Island apply provincial sales tax to the sum of price and GST. The territories of Nunavut, Yukon and Northwest Territories do not charge provincial sales tax.
Provincial and federal sales tax rates at the retail level on goods and some services are as follows:
• Alberta:......................0 + 5% = 5%
• British Columbia:..........7% + 5% = 12%
• Manitoba:....................7% + 5% = 12%
• Ontario:.......................8% + 5% = 13%
• Prince Edward Island:..10% + 5% = 15.5% (PST applied to price + GST)
• Quebec:..................... 7.5% + 5% = 12.875% (PST applied to price + GST)
• Saskatchewan:............5% + 5% = 10%
Property taxes
The municipal level of government is funded largely by property taxes on residential, industrial and commercial properties. These account for about ten percent of total taxation in Canada.
Excise taxes
Both the federal and provincial governments impose excise taxes on inelastic goods such as cigarettes, gasoline, alcohol, and for vehicle air conditioners. A great bulk of the retail price of cigarettes and alcohol are excise taxes. The vehicle air conditioner tax is currently set at $150 per air conditioning unit. Canada has some of the highest rates of taxes on cigarettes and alcohol in the world. These are sometimes referred to by Canadians as "sin taxes".
Payroll taxes
Ontario levies a payroll tax on employers, the "Employer Health Tax", of 1.95% of payroll. Eligible employers are exempt on the first $400,000 of payroll. This tax was designed to replace revenues lost when health insurance premiums, which were often paid by employers for their employees, were eliminated in 1989.
Quebec levies a similar tax called the "Health Services Fund". For those who are employees, the amount is paid by employers as part of payroll. For those who are not employees such as pensioners and self-employed individuals, the amount is paid by the taxpayer.
Premiums for the Employment Insurance system and the Canada Pension Plan are paid by employees and employers. Premiums for Workers' Compensation are paid by employers. These premiums account for 12% of government revenues. These premiums are not considered to be taxes because they create entitlements for employees to receive payments from the programs, unlike taxes, which are used to fund government activities. The funds collected by the Canada Pension Plan and by the Employment Insurance are in theory separated from the general fund. It should be noted that Unemployment Insurance was renamed to Employment Insurance to reflect the increased scope of the plan from its original intended purpose.
Employment Insurance is unlike private insurance because the individual's yearly income impacts the received benefit. Unlike private insurance, the benefits are treated as taxable earnings and if the individual had a mid to high income for the year, they could have to repay up to the full benefit received.
] Health and Prescription Insurance Tax
Ontario charges a tax on income for the health system. These amounts are collected through the income tax system, and do not determine eligiblity for public health care. The Ontario Health Premium is an additional amount charged on an individual's income tax that ranges from $300 for people with $20,000 of taxable income to $900 for high income earners. Individuals with less than $20,000 in taxable income are exempt.
Quebec also requires residents to obtain prescription insurance. When an individual does not have insurance, they must pay an income-derived premium. As these are income related, they are considered to be a tax on income under the law in Canada.
Other provinces, such as British Columbia and Alberta, charge premiums collected outside of the tax system for the provincial medicare systems. These are usually reduced or eliminated for low-income people.
Inheritance tax
Since the government of Brian Mulroney in the 1980s, Canada has had no inheritance taxes. Instead, inheritance is treated as a disposal subject to the same capital gains taxation as, for example, the sale of the asset.
International taxation
Canadian individuals and corporations pay income taxes based on their world-wide income. They are protected against double taxation through the foreign tax credit, which allows taxpayers to deduct from their Canadian income tax otherwise payable the income tax paid in other countries. A citizen who is currently not a resident of Canada may petition the CRA to change his status so that income from outside Canada is not taxed.
International comparison (personal income tax)
Comparison of taxes paid by a household earning the country's average wage (as of 2005)
________________________________________
Country Single
no children Married
2 children Country Single
no children Married
2 children
________________________________________
Australia 28.3% 16.0% Korea 17.3% 16.2%
Austria 47.4% 35.5% Luxembourg 35.3% 12.2%
Belgium 55.4% 40.3% Mexico 18.2% 18.2%
Canada 31.6% 21.5% Netherlands 38.6% 29.1%
Czech Republic 43.8% 27.1% New Zealand 20.5% 14.5%
Denmark 41.4% 29.6% Norway 37.3% 29.6%
Finland 44.6% 38.4% Poland 43.6% 42.1%
France 50.1% 41.7% Portugal 36.2% 26.6%
Germany 51.8% 35.7% Slovak Republic 38.3% 23.2%
Greece 38.8% 39.2% Spain 39.0% 33.4%
Hungary 50.5% 39.9% Sweden 47.9% 42.4%
Iceland 29.0% 11.0% Switzerland 29.5% 18.6%
Ireland 25.7% 8.1% Turkey 42.7% 42.7%
Italy 45.4% 35.2% United Kingdom 33.5% 27.1%
Japan 27.7% 24.9% United States 29.1% 11.9%
________________________________________
From Wikipedia, the free encyclopedia

Corporate law

2008-06-20T19:12:00.001-07:00

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc.).
In the U.K., corporate law is a subset of companies law, and in the U.S., it is often viewed (at least for teaching purposes) as part of the law of business associations. In each case, corporations are distinguished from a wider spectrum of organizational forms, such as partnerships, trusts, unincorporated associations, guilds or sole proprietorships.
Technically, a company (in the U.S., a corporation) is a juristic person or legal entity which has a separate legal identity from its shareholding members, and is ordinarily incorporated to undertake commercial business. Although some jurisdictions refer to unincorporated entities as companies, in most jurisdictions the term refers only to incorporated entities. It has been judicially remarked that "the word company has no strictly legal meaning",[1] but is taken to mean a specific form of entity created under the laws of the relevant jurisdiction. Because of the limited liability of the members of the company (in the U.S., the shareholders of the corporation) for the company's debts and the separate personality and tax treatment of the company, it has become the most popular form of business vehicle in most countries in the world.
However, companies have a number of other uses. They are not normally subject to rules against mortmain or perpetuity as are trusts, and may have perpetual existence. Companies are often used in tax structuring. Companies, being commercial entities, are often easier to utilise in financing arrangements than partnerships and individuals.[2] Companies have an inherent flexibility which can let them grow; there is no legal reason why a company initially formed by a sole proprietor cannot eventually grow to be a publicly listed company, but a partnership will generally always be limited as to the maximum number of partners.[3]
Etymology
In the United States, a company may or may not be a separate legal entity, and is often used synonymously with "firm" or "business." A corporation may accurately be called a company; however, a company should not necessarily be called a corporation, which has distinct characteristics. According to Black's Law Dictionary, in the U.S. a company means "a corporation — or, less commonly, an association, partnership or union — that carries on industrial enterprise."[4]
History

Hogarthian image of the South Sea Bubble, by Edward Matthew Ward, Tate Gallery
Although some forms of companies are thought to have existed during Ancient Rome and Ancient Greece, the closest recognizable ancestors of the modern company did not appear until the second millennium. The first recognizable commercial associations were medieval guilds, where guild members agreed to abide by guild rules, but did not participate in ventures for common profit. The earliest forms of joint commercial enterprise under the lex mercatoria were in fact partnerships.
But with the expansion of international trade, Royal charters were increasingly granted in Europe (notably in England and Holland) to merchant adventurers. The Royal charters usually conferred special privileges on the trading company (including, usually, some form of monopoly). Originally, traders in these entities traded stock on their own account, but later the members came to operate on joint account and with joint stock, and the new Joint stock company was born.[5]
Early companies were purely economic ventures; it was only belatedly realized that an incidental benefit of holding joint stock was that the company's stock could not be seized for the debts of any individual member.[6] The development of company law in Europe was hampered by two notorious "bubbles" (the South Sea Bubble in England and the Tulip Bulb Bubble in Holland) in the 17th century, which set the development of companies in the two leading jurisdictions back by over a century in popular estimation.
But companies, almost inevitably, returned to the forefront of commerce, although in England to circumvent the Bubble Act 1720 investors had reverted to trading the stock of unincorporated associations, until it was repealed in 1825. However, the cumbersome process of obtaining Royal charters was simply insufficient to keep up with demand. In England there was a lively trade in the charters of defunct companies. However, prevarication amongst the legislation meant that in England it was not until the Joint Stock Companies Act 1844 that the first equivalent of modern companies, formed by registration, appeared. Soon after came the Limited Liability Act 1855, which in the event of a company's bankruptcy limited the liability of all shareholders to the amount of capital they had invested. The beginning of modern company law came when the two pieces of legislation were codified under the Joint Stock Companies Act 1856 at the behest of the then Vice President of the Board of Trade, Mr Robert Lowe. That legislation shortly gave way to the railway boom, and from there the numbers of companies formed soared. In the later nineteenth century depression took hold, and just as company numbers had boomed, many began to implode and fall into insolvency. Much strong academic, legislative and judicial opinion was opposed to the notion that businessmen could escape accountability for their role in the failing businesses. The last significant development in the history of companies was the decision of the House of Lords in Salomon v. Salomon & Co. where the House of Lords confirmed the separate legal personality of the company, and that the liabilities of the company were separate and distinct from those of its owners.
In a December 2006 article, The Economist identified the development of the joint stock company as one of the key reasons why Western commerce moved ahead of its rivals in the Middle East in post-renaissance era.[7] Of course one should not underestimate the effects of early industrialisation either.
Further information: Corporation: Origins
Types
Main article: Company
There are various types of company that can be formed in different jurisdictions, but the most common forms of company are:
• a company limited by shares. The most common form of company used for business ventures.
• a company limited by guarantee. Commonly used where companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the payment of certain (usually nominal) amounts if the company goes into insolvent liquidation, but otherwise they have no economic rights in relation to the company .
• a company limited by guarantee with a share capital. A hybrid entity, usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return.
• an unlimited liability company. A company where the liability of members for the debts of the company are unlimited. Today these are only seen in rare and unusual circumstances.
In legal parlance, the owners of a company are normally referred to as the "members". In a company limited by shares, this will be the shareholders. In a company limited by guarantee, this will be the guarantors.
Companies are also sometimes distinguished for legal and regulatory purposes between public companies and private companies. Public companies are companies whose shares can be publicly traded, often (although not always) on a regulated stock exchange. Private companies do not have publicly traded shares, and often contain restrictions on transfers of shares. In some jurisdictions, private companies have maximum numbers of shareholders.
There are, however, many specific categories of corporations and other business organizations which may be formed in various countries and jurisdictions throughout the world. For a partial list of these, see Types of business entity.
Corporate constitution
In almost every jurisdiction in the world, a company must have a corporate constitution, which defines the existence of the company and regulates the structure and control of the company.
By convention, most common law jurisdictions divide the corporate constitution into two separate documents:
• the Memorandum of Association (in some countries referred to as the Articles of Incorporation or the Certificate of Incorporation) is the primary document, and will generally regulate the company's activities with the outside world, such as the company's objects and powers and specify the authorised share capital of the company.
• the Articles of Association (in some countries referred to as the by-laws) is the secondary document, and will generally regulate the company's internal affairs and management, such as procedures for board meetings, dividend entitlements etc.[8]
In many countries, only the primary document is filed, and the secondary document remains private. In other countries, both documents are filed. Some countries provide statutory forms of basic corporate constitution which a company may adopt (for example, Table A in the United Kingdom, or Replaceable Rules in Australia).
In civil law jurisdictions, the company's constitution is normally consolidated into a single document, often called the charter.
It is quite common for members of a company to supplement the corporate constitution with additional arrangements, such as shareholders' agreements, whereby they agree to exercise their membership rights in a certain way. Conceptually a shareholders' agreement fulfills many of the same functions as the corporate constitution, but because it is a contract, it will not normally bind new members of the company unless they accede to it somehow.[9] One benefit of shareholders' agreement is that they will usually be confidential, as most jurisdictions do not require shareholders' agreements to be publicly filed.
Another common method of supplementing the corporate constitution is by means of voting trusts, although these are relatively uncommon outside of the United States and certain offshore jurisdictions.
Some jurisdictions consider the company seal to be a party of the "constitution" (in the loose sense of the word) of the company, but the requirement for a seal has been abrogated by legislation in most countries.
Shares and share capital
Main article: Stock
Companies generally raise capital for their business ventures either by debt or equity. Capital raised by way of equity is usually raised by issued shares (sometimes called "stock" (not to be confused with stock-in-trade)) or warrants.
A share is an item of property, and can be sold or transferred. Holding a share makes the holder a member of the company, and entitles them to enforce the provisions of the company's constitution against the company and against other members. Shares also normally have a nominal or par value, which is the limit of the shareholder's liability to contribute to the debts of the company on an insolvent liquidation.
Shares usually confer a number of rights on the holder. These will normally include:
• voting rights
• rights to dividends declared by the company
• rights to any return of capital either upon redemption of the share, or upon the liquidation of the company
• in some countries, shareholders have preemption rights, whereby they have a preferential right to participate in future share issues by the company
Many companies have different classes of shares, offering different rights to the shareholders. For example, a company might issue both ordinary shares and preference shares, with the two types having different voting and/or economic rights. For example, a company might provide that preference shareholders shall each receive a cumulative preferred dividend of a certain amount per annum, but the ordinary shareholders shall receive everything else.
The total number of issued shares in a company is said to represent its capital. Many jurisdictions regulate the minimum amount of capital which a company may have, although some countries only prescribe minimum amounts of capital for companies engaging in certain types of business (e.g. banking, insurance etc.).
Similarly, most jurisdictions regulate the maintenance of capital, and prevent companies returning funds to shareholders by way of distribution when this might leave the company financially exposed. In some jurisdictions this extends to prohibiting a company from providing financial assistance for the purchase of its own shares.
Corporate personality
Main article: Piercing the corporate veil
One of the key legal features of corporations are their separate legal personality, also known as "personhood" or being "artificial persons". However, the separate legal personality was not confirmed under English law until 1895 by the House of Lords in Salomon v. Salomon & Co. [1897] AC 22. However, it is now largely accepted throughout the world that companies are legally separate and distinct entities.
Separate legal personality often has unintended consequences, particularly in relation to smaller, family companies.
• In B v B [1978] Fam 181 it was held that a discovery order obtained by a wife against her husband was not effective against the husband's company as it was not named in the order and was separate and distinct from him.[10]
• In Macaura v Northern Assurance Co Ltd [1925] AC 619 a claim under an insurance policy failed where the insured had transferred timber from his name into the name of a company wholly owned by him, and it was subsequently destroyed in a fire; as the property now belonged to the company and not to him, he no longer had an "insurable interest" in it and his claim failed.
However, separate legal personality does allow corporate groups a great deal of flexibility in relation to tax planning, and also enables multinational companies to manage the liability of their overseas operations (see Adams v Cape Industries plc [1990] Ch 433).
There are certain specific situations where courts are generally prepared to "pierce the corporate veil": to look directly at, and impose liability directly on the individuals behind the company. The most commonly cited examples are:
• where the company is a mere façade
• where the company is effectively just the agent of its members or controllers
• where a representative of the company has taken some personal responsibility for a statement or action[11]
• where the company is engaged in fraud or other criminal wrongdoing
• where the natural interpretation of a contract or statute is as a reference to the corporate group and not the individual company
• where permitted by statute (for example, many jurisdictions provide for shareholder liability where a company breaches environmental protection laws)
• in many jurisdictions, where a company continues to trade despite inevitable bankruptcy, the directors can be forced to account for trading losses personally
Capacity and powers
Historically, because companies are artificial persons created by operation of law, the law prescribed what the company could and could not do. Usually this was an expression of the commercial purpose which the company was formed for, and came to referred to as the company's objects, and the extent of the objects are referred to as the company's capacity. If an activity fell outside of the company's capacity it was said to be ultra vires and void.
By way of distinction, the organs of the company were expressed to have various corporate powers. If the objects were the things that the company was able to do, then the powers were the means by which it could do them. Usually expressions of powers were limited to methods of raising capital, although from earlier times distinctions between objects and powers have caused lawyers difficulty.[12]
Most jurisdictions have now modified the position by statute, and companies generally have capacity to do all the things that a natural person could do, and power to do it in any way that a natural person could do it.
However, references to corporate capacity and powers have not quite been consigned to the dustbin of legal history. In many jurisdictions, directors can still be liable to their shareholders if they cause the company to engage in businesses outside of its objects, even if the transactions are still valid as between the company and the third party. And many jurisdictions also still permit transactions to be challenged for lack of "corporate benefit", where the relevant transaction has no prospect of being for the commercial benefit of the company or its shareholders.
Further information: Corporate benefit
Officers and agents
As artificial persons, companies can only act through human agents. As was once memorably remarked, "It has no body to kick and no soul to damn."[13]
The main agent who deals with the company's management and business is the board of directors, but in many jurisdictions other officers can be appointed too. The board of directors is normally elected by the members, and the other officers are normally appointed by the board. These agents enter into contracts on behalf of the company with third parties.
Although the company's agents owe duties to the company (and, indirectly, to the shareholders) to exercise those powers for a proper purpose, generally speaking third parties' rights are not impugned if it transpires that the officers were acting improperly. Third parties are entitled to rely on the ostensible authority of agents held out by the company to act on its behalf. A line of common law cases reaching back to Royal British Bank v Turquand established in common law that third parties were entitled to assume that the internal management of the company was being conducted properly, and the rule has now been codified into statute in most countries.
Accordingly, companies will normally be liable for all the act and omissions of their officers and agents. This will include almost all torts, but the law relating to crimes committed by companies is complex, and varies significantly between countries.
Further information: Vicarious liability of companies and Corporate liability
Members' rights and majority rule
Members of a company generally have rights against each other and against the company, as framed under the company's constitution. In relation to the exercise of their rights, minority shareholders usually have to accept that, because of the limits of their voting rights, they cannot direct the overall control of the company and must accept the will of the majority (often expressed as majority rule). However, majority rule can be iniquitous, particularly where there is one controlling shareholder.
Accordingly, a number of exceptions have developed in law in relation to the general principle of majority rule.
• Where the majority shareholder(s) are exercising their votes to perpetrate a fraud on the minority, the courts may permit the minority to sue[14]
• members always retain the right to sue if the majority acts to invade their personal rights, e.g. where the company's affairs are not conducted in accordance with the company's constitution (this position has been debated because the extent of a personal right is not set in law). Macdougall v Gardiner and Pender v Lushington present irreconcilable differences in this area.
• in many jurisdictions it is possible for minority shareholders to take a representative or derivative action in the name of the company, where the company is controlled by the alleged wrongdoers
Further information: Shareholder and Derivative suit
Director's duties
Main article: Board of directors
In most jurisdictions, directors owe strict duties of good faith, as well as duties of care and skill, to safeguard the interests of the company and the members.
The standard of skill and care that a director owes is usually described as acquiring and maintaining sufficient knowledge and understanding of the company's business to enable him to properly discharge his duties.
Directors are also strictly charged to exercise their powers only for a proper purpose. For instance, were a director to issue a large number of new shares, not for the purposes of raising capital but in order to defeat a potential takeover bid, that would be an improper purpose.[15]
Directors also owe strict duties not to permit any conflict of interest or conflict with their duty to act in the best interests of the company. This rule is so strictly enforced that, even where the conflict of interest or conflict of duty is purely hypothetical, the directors can be forced to disgorge all personal gains arising from it. In Aberdeen Ry v Blaikie (1854) 1 Macq HL 461 Lord Cranworth stated in his judgment that:
"A corporate body can only act by agents, and it is, of course, the duty of those agents so to act as best to promote the interests of the corporation whose affairs they are conducting. Such agents have duties to discharge of a fiduciary nature towards their principal. And it is a rule of universal application that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting or which possibly may conflict, with the interests of those whom he is bound to protect... So strictly is this principle adhered to that no question is allowed to be raised as to the fairness or unfairness of the contract entered into..." (emphasis added)
However, in many jurisdictions the members of the company are permitted to ratify transactions which would otherwise fall foul of this principle. It is also largely accepted in most jurisdictions that this principle should be capable of being abrogated in the company's constitution.
Further information: Corporate governance and Conflict of interest
Liquidations
Main article: Liquidation
Liquidation is the normal means by which a company's existence is brought to an end. It is also referred to (either alternatively or concurrently) in some jurisdictions as winding up and/or dissolution.
Liquidations generally come in two forms, either compulsory liquidations (sometimes called creditors' liquidations) and voluntary liquidations (sometimes called members' liquidations, although a voluntary liquidation where the company is insolvent will also be controlled by the creditors, and is properly referred to as a creditors' voluntary liquidation).
As its names imply, applications for compulsory liquidation are normally made by creditors of the company when the company is unable to pay its debts. However, in some jurisdictions, regulators have the power to apply for the liquidation of the company on the grounds of public good, i.e. where the company is believed to have engaged in unlawful conduct, or conduct which is otherwise harmful to the public at large.
Voluntary liquidations occur when the company's members decide voluntarily to wind up the affairs of the company. This may be because they believe that the company will soon become insolvent, or it may be on economic grounds if they believe that the purpose for which the company was formed is now at an end, or that the company is not providing an adequate return on assets and should be broken up and sold off.
Some jurisdictions also permit companies to be wound up on "just and equitable" grounds.[16] Generally, applications for just and equitable winding-up are brought by a member of the company who alleges that the affairs of the company are being conducted in a prejudicial manner, and asking the court to bring an end to the company's existence. For obvious reasons, in most countries, the courts have been reluctant to wind up a company solely on the basis of the disappointment of one member, regardless of how well-founded that member's complaints are. Accordingly, most jurisdictions which permit just and equitable winding up also permit the court to impose other remedies, such as requiring the majority shareholder(s) to buy out the disappointed minority shareholder at a fair value.
Where a company goes into liquidation, normally a liquidator is appointed to gather in all the company's assets and settle all claims against the company. If there is any surplus after paying off all the creditors of the company, this surplus is then distributed to the members.
See also
• Business organizations
• Corporation
• Corporate liability
• Limited Liability Company (LLC)
• Limited Liability Partnership (LLP)
• Limited Partnership (LP)
• List of company name etymologies
• List of companies named after people
• North American Industry Classification System (NAICS formerly SIC)
• Offshore company
• Organization
• Private limited company
• Public limited company (PLC)
• Quasi corporation
• Types of companies
• Securities regulation in the United States
• Companies House
• Companies Registry
Notes
1. ^ Re Stanley [1906] 1 Ch 131 at 134
2. ^ In England, companies can grant a "floating charge" over all their assets, a popular form of security with banks, but individuals and partnerships cannot because of the prohibition against "general assignments" in bankruptcy law
3. ^ Although some exceptions exist for large law firms and accountancy firms
4. ^ 8th edition (2004), ISBN 0 314 15199 0
5. ^ In England the first joint stock company was the East India Company, which received its charter in 1600. The Dutch East India Company received its charter in 1602, but is generally recognized as the first company in the world to issue joint stock. Not coincidentally, the two companies were competitors.
6. ^ In England, see Edmunds v Brown Tillard (1668) 1 Lev 237 and Salmon v The Hamborough Co (1671) 1 Ch Cas 204
7. ^ "Long ago, the region's failure to develop joint-stock companies was one reason why it fell behind the West." [1] The Economist
8. ^ In the event of any inconsistency, the Memorandum usually prevails, see Ashbury v Watson (1885) 30 Ch D 376
9. ^ Shalfoon v Cheddar Valley [1924] NZLR 561
10. ^ Although it did attach to documents within the husband's custody or control.
11. ^ Williams v Natural Life [1998] 1 WLR 830
12. ^ See the frustration expressed by the House of Lords in Cotman v Brougham [1918] AC 514
13. ^ Attributed to Lord Thurlow LC, although it does not appear in any of his reported decisions. It has been suggested that he actually said "Corporations have neither bodies to be punished, nor souls to be condemned, they therefore do as they like."[2]
14. ^ Foss v Harbottle (1843) 2 Hare 461
15. ^ Harlowe's Nominees Pty v Woodside (1968) 121 CLR 483 (Aust HC)
16. ^ In England, see Ebrahimi v Westbourne Galleries [1973] AC 360
From Wikipedia, the free encyclopedia

Tax History

2008-06-20T19:11:00.002-07:00

The first federal statutes imposing the legal obligation to pay a federal income tax were adopted by Congress in 1861 and 1862 to pay for the Civil War. The 1862 law levied a 3% tax on incomes above $800, rising to 5% for incomes above $10,000. Rates were raised in 1864. This income tax was repealed in 1872, but a new income tax statute was enacted as part of the Wilson-Gorman Tariff Act in 1894.[4]
The United States Constitution specified Congress could impose a "direct" tax only if it was apportioned among the states according to each state's census population.[5] In its 1895 decision the Supreme Court held in the case of Pollock v. Farmers' Loan & Trust Co. that a tax on income from property (a tax on interest, dividends or rent) was a direct tax under the Constitution, and so had to be apportioned.
The apportionment requirement made income taxes on property practically impossible, and Congress did not want to limit the income tax solely to a tax on wages. Therefore, in 1909 Congress proposed the Sixteenth Amendment, which became part of the Constitution in 1913 when it was ratified by the required number of states. The Amendment modified the requirement for apportionment of direct taxes by exempting all income taxes—whether considered direct or indirect—from the apportionment requirement. Congress re-adopted the income tax that same year, levying a 1% tax on net personal incomes above $3,000, with a 6% surtax on incomes above $500,000. By 1918, the top rate of the income tax was increased to 77% (on income over $1,000,000) to finance World War I. The top marginal tax rate was reduced to 58% in 1922, to 25% in 1925, and finally to 24% in 1929. In 1932 the top marginal tax rate was increased to 63% during the Great Depression and steadily increased, reaching 94% (on all income over $200,000) in 1945. During World War II, Congress introduced payroll withholding and quarterly tax payments. Top marginal tax rates stayed near or above 90% until 1964 when the top marginal tax rate was lowered to 70%. The top marginal tax rate was lowered to 50% in 1982 and eventually to 28% in 1988.
At first the income tax was incrementally expanded by the Congress of the United States, and then inflation automatically raised most persons into tax brackets formerly reserved for the wealthy until income tax brackets were adjusted for inflation. Income tax now applies to almost two-thirds of the population.[6] The lowest earning workers, especially those with dependents, pay no income taxes as a group and actually get a small subsidy from the federal government because of child credits and the Earned Income Tax Credit.
Some lower income individuals pay a proportionately higher share of payroll taxes for Social Security and Medicare than do some higher income individuals in terms of the effective tax rate. All income earned up to a point, adjusted annually for inflation ($94,200 for the year 2006 and $97,500 for the year 2007) is taxed at 7.65% (consisting of the 6.2% Social Security tax and the 1.45% Medicare tax) on the employee with an addition 7.65% in tax incurred by the employer. The annual limitation amount is sometimes called the "Social Security tax wage base amount" or "Contribution and Benefit Base." Above the annual limit amount, only the 1.45% Medicare tax is imposed. In terms of the effective rate, this means that a worker earning $20,000 for 2006 pays at a 7.65% effective rate ($1,530) while a worker earning $200,000 pays at an effective rate of about 4.37% ($8,740).
When an individual's Social Security benefit is calculated, income in excess of each year's Social Security Tax wage base amount (e.g., $97,500 for 2007) is disregarded for purposes of the calculation of future benefits. Although some lower income individuals pay a proportionately higher share of payroll taxes than do higher income individuals in terms of the "effective tax rate", the lower income individuals also receive a proportionately higher share of Social Security benefits than do some higher income individuals, since the lower income individuals will receive a much higher income replacement percentage in retirement than higher income individuals affected by the Social Security tax wage base cap. If the higher income individuals want to receive an income replacement percentage in retirement that is similar to the income replacement percentage that lower income individuals receive from Social Security, higher income individuals must achieve this through other means such as 401(k)s, IRAs, defined benefit pension plans, personal savings, etc. As a percentage of income, some higher income individuals receive less from Social Security than do lower income individuals.
Self employed people pay the entire 15.3%, but are allowed to deduct one-half of this amount in computing taxable income for purposes of the Federal income tax.[7]
The federal government is now financed primarily by personal and corporate income taxes. While it was originally funded via tariffs upon imported goods, tariffs now represent only a minor portion of federal revenues. There are also non-tax fees to recompense agencies for services or to fill specific trust funds such as the fee placed upon airline tickets for airport expansion and air traffic control. Often the receipts intended to be placed in "trust" funds are used for other purposes, with the government posting an IOU ('I owe you') in the form of a federal bond or other accounting instrument, then spending the money on unrelated current expenditures.
The federal government collects several specific taxes in addition to the general income tax. Social Security and Medicare are large social support programs which are funded by taxes on personal earned income. Estate taxes are levied on inheritance. Net long-term capital gains as well as certain types of qualified dividend income are taxed preferentially.
Federal excise taxes are applied to specific items such as motor fuels, tires, telephone usage, tobacco products, and alcoholic beverages. Excise taxes are often, but not always, allocated to special funds related to the object or activity taxed.
Federal tax code
The Federal tax law is administered primarily by the Internal Revenue Service, a bureau of the Treasury. The U.S. tax code is known as the Internal Revenue Code of 1986 (title 26 of the United States Code). The Code's complexity generally arises from two factors: the use of the tax code for purposes other than raising revenue, and the feedback process of amending the code.
While the main intent of the law is to provide revenue for the federal government, the tax code is frequently used for public policy reasons i.e., to achieve social, economic, and political goals. For example, to encourage home ownership, the tax law provides a deduction for mortgage interest expense on debt secured by primary residences. In addition, the law does not allow a deduction for renters for rent paid to offset the advantage of nonrecognition of exclusion of imputed owner occupied rent. An income tax system that favors neither renting nor owning homes would not allow the mortgage interest deduction and would tax the imputed rent for owners who live in their own homes.
Because the government uses the tax code as an instrument of social policy, the code as a whole appears to some critics[citation needed] to lack a coherent organizing principle. The purported lack of a coherent organizing principle arguably has become magnified over time, due to the interplay between successive legislative amendments and regulatory changes to the law and the private sector responses to those amendments and changes. For instance, suppose that Congress enacts a tax credit to encourage a particular type of activity. In response, a group of taxpayers who are not the intended beneficiaries of the credit re-order their affairs, or the superficial aspects of their affairs, to qualify for the credit. Congress responds by amending the code to add restrictions and target the credit more effectively. Certain taxpayers manage to use this change to claim additional benefits, so Congress acts again, and so on. The result is a feedback loop of enactment and response, which, over an extended period of time, produces significant complexity.
Tax distribution

Tax concentration coefficient (a variant of the Gini coefficient) is a measure of tax inequality. The higher the number, the more progressive the tax.
There are about 117 million taxpayers in the United States.[8] The Treasury Department in 2006 reported, based on Internal Revenue Service (IRS) data, the share of federal income taxes paid by taxpayers of various income levels. The data shows the progressive tax structure of the U.S. federal income tax system on individuals that reduces the tax incidence of people with smaller incomes, as they shift the incidence disproportionately to those with higher incomes - the top 0.1% of taxpayers by income pay 17.4% of federal income taxes (earning 9.1% of the income), the top 1% with gross income of $328,049 or more pay 36.9% (earning 19%), the top 5% with gross income of $137,056 or more pay 57.1% (earning 33.4%), and the bottom 50% with gross income of $30,122 or less pay 3.3% (earning 13.4%).[9][10] If the federal taxation rate is compared with the wealth distribution rate, the net wealth (not only income but also including real estate, cars, house, stocks, etc) distribution of the United States does almost coincide with the share of income tax - the top 1% pay 36.9% of federal tax (wealth 32.7%), the top 5% pay 57.1% (wealth 57.2%), top 10% pay 68% (wealth 69.8%), and the bottom 50% pay 3.3% (wealth 2.8%).[11]
Other taxes in the United States with a less progressive structure or a regressive structure, and legal tax avoidance loopholes change the overall tax burden distribution. For example, the payroll tax system (FICA), a 12.4% Social Security tax on wages up to $97,500 and a 2.9% Medicare tax (a 15.3% total tax that is often split between employee and employer) is a regressive tax on income with no standard deduction or personal exemptions. The Center on Budget and Policy Priorities states that three-fourths of U.S. taxpayers pay more in payroll taxes than they do in income taxes.[12] The Tax Foundation has stated that the burden of the corporate income tax (a 15-39% tax) falls on customers and workers of the corporations, who are often not rich.[13]
Inflation and tax brackets
Most tax laws are not accurately indexed to inflation. Either they ignore inflation completely, or they are indexed to the Consumer Price Index (CPI), which tends to understate real inflation.[14] In a progressive tax system, failure to index the brackets to inflation will eventually result in effective tax increases (if inflation is sustained), as inflation in wages will increase individual income and move individuals into higher tax brackets with higher percentage rate. One example is the Alternative Minimum Tax; since it is not indexed to inflation,[15][16] an increasing number of upper-middle-income taxpayers have been finding themselves subject to this tax.
Tax withholding
Federal payroll taxes in the United States are primarily collected by employers on behalf of the Internal Revenue Service (IRS). The Federal income tax uses a system of direct withholding. Employers deduct part of a taxpayer's income directly from their payroll checks. Self-employed individuals make similar payments to the government. The amount of withholding is calculated based on an employee's expected annual salary and the employee's living situation (married or unmarried, number of dependents, other factors). Withholding does not perfectly calculate an individual's tax each year. The difference between the amount withheld and the actual tax is either paid to the government after the end of the year, or refunded by the government. Withholding is done on an honor system with penalties imposed on individuals who do not have enough withheld (or make enough estimated tax payments) during the year. The amounts deducted can be found in IRS Publication 15, also referred to as Circular E. For farmers, the rules are outlined in Publication 51 (Circular A). The IRS's Publication 505 can also be used to estimate the amount of tax withheld.
Some individuals choose to withhold more of their estimated tax burden than necessary, using the withholding and the refund check at the end of the year as a way of "forced savings" (at zero percent interest). Conversely, other individuals withhold as little as possible, using the rule that withholding need only be 100% of the previous year's tax liability, and thus pay a large amount on April 15. Most individuals fall somewhere in the middle.
Federal income tax
As of June 2001, the income tax forms the bulk of taxes collected by the U.S. government.[citation needed] Depending on individual income, the tax ranges from zero to 35% of one's taxable income.
The income tax is considered a progressive tax because the tax rate is higher as a percentage of the income for higher-income individuals. For an example showing the tax rates imposed by Congress in 1954 on the taxable income of unmarried individuals—with rates as high as 91%—see the chart at Internal Revenue Code of 1954.
Income tax is also imposed on the taxable income of most corporations and again on dividends paid to stockholders, although individuals usually pay a preferential tax rate on dividends; this is sometimes referred to as double taxation.
One fairly unique aspect of federal income tax in the United States, is that the U.S. uses citizenship in addition to residency in determining whether a person's income is subject to U.S. taxation. All U.S. citizens, including those who do not live in the United States, are subject to U.S. income tax on their worldwide income. There are provisions that exist to reduce double-taxation. Most other countries do not impose tax on their citizens who are not resident within their borders, unless they have income which is sourced in that country (and even then they only tax that specific income).[citation needed]
Tax deductions/credits
The U.S. government rewards certain behavior with tax deductions or tax credits. For example, amounts used to pay mortgage interest on a personal home may be deductible, if the taxpayer elects to itemize. Taxpayers who do not participate in an employer-sponsored pension plan may contribute up to $4,000 ($5,000 if age 50 or above) into an individual retirement account, and deduct that contribution from their gross income if they fall within certain income limits. The Earned Income Tax Credit benefits low- to moderate-income working families. It is also possible to receive a child and dependent care credit for amounts spent on daycare.
Methods of calculation

Chart showing how the United States Congress spends the federal tax revenue.[17] –31 January 2008
There are two required ways to calculate the U.S. income tax. The "regular tax" is based on the gross income minus any applicable deductions and then a marginal tax percentage is applied according to the taxpayer's income bracket. From this result, any applicable tax credits are subtracted and the result is the income tax owed. If the result is a negative number due to refundable tax credits and/or if the Federal Withholding Tax was greater than the income tax that was actually owed, the taxpayer is entitled to a tax refund. A taxpayer eligible for a refundable credit (such as the earned income tax credit) may receive a refund even without paying any federal income tax.
The second way, the "Alternative Minimum Tax" (AMT) is based on the gross income, computed without regard to certain tax preference items (such as tax-exempt interest on certain private activity bonds) and with a reduced number of exemptions and deductions. This higher income base is taxed in two rate brackets, 26% and 28%, depending on taxpayer income. The taxpayer pays the higher of the two computed tax liabilities.
In the tax year 2000, many taxpayers in Silicon Valley were caught unprepared by the AMT due to the sudden decline in technology stock prices. Under AMT rules, unrealized gains on incentive stock options (ISOs) are taxed at the date the options are exercised. In contrast, under the regular tax rules capital gains taxes are not paid until the actual shares of stock are sold. For example, if someone exercised a 10,000 share Nortel stock option at $7 when the stock price was at $87, the bargain element was $80 per share or $800,000. Without selling the stock, the stock price dropped to $7. Although the real gain is $0, the $800,000 bargain element still becomes an AMT adjustment, and the taxpayer owes thousands of dollars in AMT.
The AMT was designed to prevent people from using loopholes in the tax law to avoid tax. However, the inclusion of unrealized gain on incentive stock options imposes difficulties for people who cannot come up with cash to pay tax on gains that they have not realized yet. As a result, Congress has taken action to modify the AMT regarding incentive stock options. In 2000 and 2001, people exercised incentive stock options and held onto the shares, hoping to pay long-term capital gains taxes instead of short-term capital gains taxes.[18] Many of these people were forced to pay the AMT on this income, and by the end of the year, the stock was no longer worth the amount of AMT tax owed, forcing some individuals into bankruptcy. In the Nortel example given above, the individual would receive a credit for the AMT paid when the individual did eventually sell the Nortel shares.
Another perceived flaw in the AMT is that it hasn't been changed at the same rate as regular income taxes. The tax cut passed in 2001 lowered regular tax rates, but did not lower AMT tax rates. As a result, certain middle-class people are affected by the AMT, even though that was not the original intent of the law. People with large deductions, particularly mortgage interest and state income tax deductions, are affected the most. The AMT also has the potential to tax families with large numbers of dependents (usually children), although in recent years, Congress has acted to keep deductions for dependents, especially children, from triggering the AMT.
A further criticism is that the AMT does not even affect its intended target. Congress introduced the AMT after it was discovered that 21 millionaires did not pay any US income tax in 1969 as a result of various deductions taken on their income tax return. Since the marginal rate of persons with one million dollars of income is 35% and the AMT uses a 26% rate on all income, it is unlikely that millionaires would get tripped by the AMT as their effective tax rates are already higher. Those that do get caught by the AMT are typically upper-middle class persons making approximately $200k-$500k.
Statistics from the U.S. Internal Revenue Service (IRS) for 2000 show that returns showing less than $15,000 in adjusted gross income amounted to 30% of total returns filed but accounted for less than 1% of tax paid. By contrast, although they made up only 2% of all taxpayers that year, taxpayers reporting $200,000 or more in adjusted gross income paid 45% of all federal income taxes. (See: Lucky duckies)
Progressive nature
In general, the U.S. income tax is progressive, at least with respect to individuals that earn wage income.
"Progressivity" as it pertains to tax is usually defined as meaning that the higher a person's level of income, the higher a tax rate that person pays. In the mid-twentieth century, tax rates in the United States and United Kingdom exceeded 90%. As recently as the late 1970s, the top tax rate in the U.S. was 70%. Despite the dramatic fall in the marginal tax-rate of the top-income brackets from the 1960s to the 2000s, taxes on wages, interest, and dividends have become more progressive over the past fifty years.[19]
Progressivity in income tax is accomplished mainly by establishing tax "brackets" - tranches of income that are taxed at progressively higher rates. For example, for tax year 2006 an unmarried person with no dependents will pay 10% tax on the first $7,550 of taxable income. The next $23,100 (i.e. taxable income over $7,550, up to $30,650) is taxed at 15%. The next $43,550 of income is taxed at 25%. Additional brackets of 28%, 33%, and 35% apply to higher levels of income. So, if a person has $50,000 of taxable income, his next dollar of income earned will be taxed at 25% - this is referred to as "being in the 25% tax bracket," or more formally as having a marginal rate of 25%. However, the tax on $50,000 of taxable income figures to $9,058. This being 18% of $50,000, the taxpayer is referred to as having an effective tax rate of 18%.
In recent years, a reduction in the tax rates applicable to capital gains and received dividends payments, has significantly reduced the tax burden on income generated from savings and investing. An argument is often made that these types of income are not generally received by low-income taxpayers, and so this sort of "tax break" is anti-progressive. Further clouding the issue of progressivity is that far more deductions and tax credits are available to higher-income taxpayers. A taxpayer with $40,000 of wage income may only have the "standard" deductions available to him, whereas a taxpayer with $200,000 of wage income might easily have $50,000 or more of "itemized" deductions. Allowable itemized deductions include payments to doctors, premiums for medical insurance, prescription drugs and insulin expenses, state taxes paid, property taxes, and charitable contributions. In those two scenarios, assuming no other income, the tax calculations would be as follows for a single taxpayer with no dependents in 2006:
Wage income $40,000 $200,000
Allowable deductions 8,450 51,430
Taxable income 31,550 148,570
Income tax 4,445 46,725
Effective rate 14% 31%
This would appear to be highly progressive - the person with the higher taxable income pays tax at twice the rate. But this does not give the complete picture. If you divide the tax by the amount of gross income (i.e. before deductions), the effective rates are 11% and 23%: the higher income person's rate is still twice as high, but his deductions drive down the effective rate to a much greater degree. In addition, most discussions of income tax progressivity do not take into account the social security tax, which has a "ceiling". To expand the above example:
Social security tax $3,060 $8,740
Total tax 7,505 55,465
Rate paid on gross income 19% 28%
Progressivity, then is a complex topic which does not lend itself to simple analyses. Given the "flattening" of tax burden that occurred in the early 1980s, many commentators note that the general structure of the U.S. tax system has begun to resemble a partial consumption tax regime.[20]
In 2001 the top 1% earned 14.8% of all income and paid 22.7% of all federal taxes. The next 4% earned 12.7% and paid 15.8%. The next 5% earned 10.1% and paid 11.5%. The next 10% earned 14.8% and paid 15.3%, completing the highest quintile. The fourth quintile earned 20.7% of all income and paid 18.5%. The third quintile earned 14.2% and paid 10%. The second quintile earned 9.2% and paid 4.9%. The lowest quintile earned 4.2% and paid 1% of all federal taxes.[21] Whether this breakdown is "fair" is a matter of some debate.
Payroll taxes
The next largest tax is Social Security tax formally known as the Federal Insurance and Contributions Act (FICA). This contribution or tax is 6.2% of an employees' income paid by the employer, and 6.2% paid by the employee. This tax is paid only on earned income and, as noted above, only up a threshold income for calendar year 2006 of $94,200 called the "Social Security Wage Base" (SSWB). The SSWB increases every year *[22] table of SSWB by year] according to the national index average of wages *[23] which also indexes the bend points in the Primary Insurance Amount (PIA) computations. (As of 2008 the SSWB was set at $102,000.) Unearned income like interest from bonds, money market and bank accounts, dividends from REITs and common stocks, rents, and royalties are not subject to the Social Security tax. Wages are defined in the United States Code 42 USC Section 409.[24] Thus, by simple arithmetic higher earners pay a lower average tax rate than those with earned income at the upper end. Self-employed people must pay both halves of the Social Security tax because they are their own employers.
Medicare tax
The Medicare tax funds the Medicare program, a health insurance program for the elderly and disabled. 1.45% of the employee's income is paid by the employer as Medicare tax, and 1.45% is paid by the employee. Unlike Social Security, there is no cap on the Medicare tax.
For Self-Employeed people, Medicare taxes are fixed at 2.9% on all earnings (can be offset by income tax provisions.)
As in FICA, unearned income is not subject to the Medicare contribution.
Together, Social Security and Medicare taxes compose the payroll tax. These taxes are based on income, but unlike the Federal income tax, they are set aside for their specific purposes. That is, there is a statutory requirement that expenditures on these programs Medicare and Social Security come out of current taxes or accumulated trust funds, so if they go broke, the Social Security Administration and Medicare would be without the authority to pay benefits. Unlike Congress, they cannot borrow on the federal government's creditworthiness to fund operations from the credit markets.
Other payroll taxes
The U.S. has a payroll tax to support unemployment insurance. This is 1.2% of the first $7,000, but coordinated with state unemployment agencies and taxes in such a way that most employees are not double taxed in states that have unemployment insurance. The U.S. also has a tax to pay for retraining of displaced workers, but it is only 0.1% of the first $7,000 of income, and it is assessed only on employers. The government tracks tax payment by an account number and payment date. For the IRS, the account number is a Social Security Number, Individual Taxpayer Identification Number, or Employer Identification Number.
Corporate income tax
In the United States, the federal corporate income rate for the year 2006 varies between 15 and 39% depending on taxable income. But since 1999, when Treasury announced the "check the box" system many corporations can elect to be treated as a pass-through entity, thereby skipping the entity level 35% tax and having all income pass through to the shareholders. This is the tax treatment that the much discussed "S" corporations receive; but now many more types of state-law corporations may avoid double taxation by "checking the box". Dividends are also subject to a lower rate of income tax in the United States. The U.S. corporate tax rate is ranked as the second highest statutory rate among the OECD countries (the U.S. average rate of 39.3 ranks just behind Japan's 39.5 and well above the OECD average of 28.7).[25] However, the U.S also has the greatest number of corporate tax loopholes of any OECD member,[26] allowing many corporations to achieve a lower effective tax rate than the published rates.
Transfer taxes
The transfer tax is targeted at wealthy individuals and families and generates less than 2% ($30 billion) of the federal government's annual revenue ($2 trillion). It consists of the gift tax, the estate tax and the generation-skipping transfer tax ("GSTT"). Opponents of the transfer tax label these taxes "death taxes". The term "death tax" was popularized by Frank Luntz, a Republican political consultant, but its use goes back to at least the 19th century.[27]
The gift tax is a tax levied on wealth transfers during the transferor's life while the estate tax is levied on transfers made after the transferor's death. The GSTT is a tax in addition to the gift and estate tax and is levied (in rough terms) on transfers made during life or after death to individuals removed by more than one generation from the transferor, for example, from a grandmother to a grandson. Usually transfer tax liabilities are paid by the transferor or the transferor's estate. Payment of transfer taxes by the transferor when the liability is due from the recipient is also a taxable gift.
As of December 2002, tax rates for gift and estate taxes begin at 18% and rise to 50% for gifts or taxable estates over $2.5 million under the Unified Transfer Tax Rate Schedule. The GSTT is a flat 50%. Each individual is granted a Unified Credit (currently $345,800) the effect of which exempts estates under $1 million. Each individual is also granted an annual exclusion amount the effect of which exempts total gifts to any one individual during the year up to the annual exclusion amount (currently $11,000). If the transferor does not elect to pay the gift tax on the value of gifts totaling more than the annual exclusion amount, the individual is deemed to have used a portion of his Unified Credit. An exemption (currently $1.1 million) for transfers subject to the GSTT is also granted to each individual during his lifetime. The Unlimited Marital Deduction allows (non-foreign) spouses to transfer any amount of wealth with no transfer tax consequences.
Excise taxes
The U.S. also maintains federal excise taxes on gasoline and other fuels used by vehicles. At this time (2005) they are 18.4¢ per gallon (4.9¢/l) for gasoline and 24.4¢ per gallon (6.4¢/l) for diesel (for highway use). Higher profile excise taxes exist on distilled spirits, tobacco products, and some firearms.
State and local government taxation
U.S. states are recognized as having a plenary power to assess taxes on their citizens and on activities that occur within their borders, so long as those taxes do not infringe on a power reserved for the federal government. The Supreme Court has found, in various cases, that states cannot impose taxes designed to impede interstate commerce or influence international relations. States are also prohibited from assessing taxes in ways that discriminate on the basis of race, gender, religion, alienage, or nationality. Finally, states may not condition the right to vote on payment of taxes. The Twenty-fourth Amendment to the United States Constitution, ratified in 1964, specifically prohibits such a condition in Federal elections; the Supreme Court ruled in Harper v. Virginia Board of Elections that the Equal Protection Clause of the Fourteenth Amendment does the same in state elections.
Local government is now typically financed by value-based property taxes, mainly on real estate. Additional taxes may be in the form of fixed sales taxes and use taxes. Local government fees such as building permit fees may reflect the added capital cost and operating costs of services such as schools and parks. Local governments may also collect fines (parking and traffic tickets), income tax, gross receipts or gross payroll tax, or a portion of sales taxes (such as meal taxes) collected by the state. In California, seeds, bulbs, starter plants and trees obtained from a garden center are taxed if adjudged for decorative purposes while plants for food production are untaxed, as is food in California.
Almost every state imposes "sin taxes" on products frowned upon by the community, including cigarettes and liquor. Many states also impose a gas tax. The power of the state to tax encompasses the ability to empower jurisdictions within the state such as counties, cities and school districts to impose taxes on their residents. These jurisdictions may impose any of the kinds of taxes that the state may, within the boundaries established by state law.
Income, sales, and property

Each state also has its own tax system.
Typically there is a tax on real estate, usually called "property taxes". Real estate taxes are often imposed on the value of real estate by reason of its ownership. For example, in Texas the real estate tax is imposed on the real estate and in particular on the owner of the real estate as of January 1 of each tax year. The tax is computed by applying a tax rate to the appraised value of the real estate as of the tax date. Some states like New York also have a real estate transfer tax.
There may be additional income taxes, sales taxes, and excise taxes (including use taxes). Taxable income for state purposes is usually based on federal taxable income with certain state specific adjustments. For example, some states tax municipal bond interest derived from other states that are otherwise exempt from federal income tax. Thus, this income must be added to the federal taxable income to compute the income amount for state income tax purposes. Oil and mineral producing states often impose a severance tax, similar to an excise tax in that tax is paid on the production of products, rather than on sales. Similarly, most New England states have yield taxes on timber/firewood cutting, payable as a percentage of the value cut, not the profit. Taxes on hotel rooms are common, and politically popular because the citizens will often approve such a tax while the taxpayers will come from other areas.
Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming do not levy an individual income tax. New Hampshire and Tennessee only tax interest and dividend income. Delaware, Oregon, Montana and New Hampshire have no state or local sales tax. Alaska has no state sales tax, but allows localities to collect their own sales taxes up to a state-specified maximum.
Many states also levy personal property taxes, which are annual taxes on the privilege of owning or possessing items of personal property within the boundaries of the state. Automobile and boat registration fees are a subset of this tax; however, most people are unaware that practically all personal property is also subject to personal property tax. Usually, household goods are exempt; but virtually all objects of value (including art) are covered, especially when regularly used or stored outside of the taxpayer's household.
States permit the creation of special assessment districts (typically for provision of water or removal of sewage, or for parks, public transit, emergency services or schools) whose boundaries may be independent of other boundaries and whose income may be from one or more of service assessments, property taxes, parcel taxes, a portion of road or bridge tolls, or an additional increment upon sales taxes in addition to the non-tax fees for services provided (such as metered water). State government is financed mainly by a mix of sales and/or income taxes and to a lesser extent by corporate registration fees, certain excise taxes, and automobile license fees.
[edit] City and county tax
Cities and counties in the individual states may levy additional taxes, for instance to improve parks or schools, or pay for police, fire departments, local roads, and other services. As in the case of the IRS, they generally require a tax payment account number. Other local governmental agencies may also have the power to tax, notably independent school districts.
Local government taxes are usually property taxes but may also include sales taxes and income taxes. Some cities collect income tax on not only residents but non-residents employed in the city. This tax can even be incurred when a non-resident works temporarily in the city. For example, in 1992 the city of Philadelphia began enforcing the collection of city wage taxes on visiting baseball players who played games in Philadelphia.[28] At least some counties levy an Occupational Privilege Tax (OPT), usually for a small amount, in some cases less than $100/yr.
[edit] Federal tax reform

"'Revenue Reform' Train Stopped by 'Vested Interests,' 'Local Issues,' 'Trusts,' and other poles" — Political cartoon from 1880–1900 commenting on tax reform.
For more details on this topic, see Tax reform.
The President's Advisory Panel for Federal Tax Reform criticized the tax system as being extremely complex, requiring detailed record-keeping, lengthy instructions, and complicated schedules, worksheets, and forms. They stated that it penalizes work, discourages saving and investment, and hinders the competitiveness of American business. The tax code is commonly riddled with provisions that treat similarly situated taxpayers differently and create perceptions of unfairness.[29] The panel's major reform push was for the removal of the Alternative Minimum Tax, which is not indexed for inflation. Several organizations and individuals are working for tax reform in the United States including Americans for Tax Reform, Citizens for an Alternative Tax System, Americans For Fair Taxation, and Libertarian Party (United States). Various proposals have been put forth for tax simplification in Congress including the FairTax and various Flat tax plans. Proposals have also been put forth to completely abolish the Federal Income Tax for individuals.
[edit] Tax protester arguments
Main article: Tax protester arguments
Various individuals and groups have questioned the legitimacy of United States federal income tax. One such group argues that the 16th Amendment to the United States Constitution was not approved by the requisite number of States,[30] and therefore never came into effect. The argument that the Sixteenth Amendment was "never ratified" has been rejected by the Internal Revenue Service and by the courts and ruled to be a frivolous argument.[31][32][33] Many other arguments have been raised by taxpayers and uniformly rejected by the courts.
[edit] List of taxes
Taxes and fees imposed by federal, state or local laws.
• Alternative Minimum Tax (AMT)
• U.S. capital gains tax
• Corporate income tax
• U.S. estate tax
• U.S. excise tax (includes taxes on cigarettes and alcoholic beverages)
• U.S. federal income tax

• Federal unemployment tax (FUTA)
• FICA tax (includes Social Security tax and related programs)
• Gasoline tax
• Generation Skipping Tax
• Gift tax
• IRS penalties

• Local income tax
• Luxury taxes
• Property tax
• Real estate tax
• Recreational vehicle tax
• Road usage taxes (Commercial Vehicle Operators)
• Sales tax and equivalent use tax

Administration

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Administration
Federal taxes are collected by the Canada Revenue Agency (CRA), formerly known as "Revenue Canada" or the "Canada Customs and Revenue Agency".
Under "Tax Collection Agreements", CRA collects and remits to the provinces:
• Provincial personal income taxes on behalf of all provinces except Quebec, so that individuals outside of Quebec file only one set of tax forms each year for their federal and provincial income taxes.
• Corporate taxes on behalf of all provinces except Quebec and Alberta.
• Provincial sales taxes in New Brunswick, Nova Scotia and Newfoundland and Labrador.
The Ministère du revenu du Québec collects the GST in Quebec on behalf of the federal government, and remits it to Ottawa.
[edit] History
When the Canadian federation was formed in 1867, the British North America Act attempted to create a federal government with unlimited revenue gathering abilities. The federal government was entrusted with the high cost programs of the time, most notably defence and the building of railways. The provinces were given limited taxation power as they could only impose direct taxes such as sales taxes, property taxes, and income taxes (although they also maintained control over most resource revenues as well). At the time, it was believed that the provinces had adequate revenue sources as major areas of provincial government spending today were generally not funded by the government (such as social assistance and medical care).
For the early part of Canadian history most federal government revenue came from tariffs on trade with excise taxes making up the rest of the government's funding. The largest source of provincial funding was licenses, permits, and transfers of funds from the federal government. The first corporate taxes were introduced at the end of the nineteenth century.
A crisis developed during the Great Depression because the provinces were responsible for skyrocketing welfare costs, but could not raise enough revenue since the taxes permitted to the provinces were so dependent on the health of the economy. The federal government still had considerable revenues however, which resulted in a system of transfer payments between the two levels of government. The transfer payments are still in place today.
The First World War had mostly been financed by traditional means, but in 1917, a tax on income was introduced as a temporary measure to fund the war. The income tax has since become a permanent feature of the Canadian tax system. The Second World War led to dramatic change in the tax system. The percentage of Canadian government revenue from indirect taxes fell from 90% in 1913 to less than 40% by 1946. Instead, Canadians began to pay income taxes and direct taxes has since provided the greatest bulk of government funding.
Personal income taxes
Both the federal and provincial governments have imposed income taxes on individuals, and these are the most significant sources of revenue for those levels of government accounting for over 40% of tax revenue. The federal government charges the bulk of income taxes with the provinces charging a somewhat lower percentage. Income taxes throughout Canada are progressive with the high income residents paying a higher percentage than the low income residents.
Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.
Federal and provincial income tax rates are shown at Canada Revenue Agency's website.
Personal income tax can be deferred in a Registered Retirement Savings Plan (RRSP), a tax sheltered savings account or mutual fund that is intended to help individuals save for their retirement.
Corporate taxes
Companies and corporations pay tax on profit income and on capital. These make up a relatively small portion of total tax revenue. Tax is paid on corporate income at the corporate level before it is distributed to individual shareholders as dividends. A tax credit is provided to individuals who receive dividend to reflect the tax paid at the corporate level. This credit does not eliminate double taxation of this income completely, however, resulting in a higher level of tax on dividend income than other types of income. (Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.) Corporations may deduct the cost of capital following capital cost allowance regulations.
Starting in 2002, several large companies converted into "income trusts" in order to reduce or eliminate their income tax payments, making the trust sector the fastest-growing in Canada as of 2005. Conversions were largely halted on October 31, 2006, when Finance Minister Jim Flaherty announced that new income trusts would be subject to a tax system similar to that of corporations, and that these rules would apply to existing income trusts after 2011.

Sales taxes

The federal government levies a multi-stage sales tax of 5% (6% prior to January 1, 2008), that is called the Goods and Services Tax (GST), and, in some provinces, the Harmonized Sales Tax (HST). The GST/HST is similar to a value-added tax.
All provincial governments except Alberta levy sales taxes as well. The provincial sales taxes of Nova Scotia, New Brunswick and Newfoundland and Labrador are harmonized with the GST. That is, a rate of 13% HST is charged instead of separate PST and GST. Both Quebec and Prince Edward Island apply provincial sales tax to the sum of price and GST. The territories of Nunavut, Yukon and Northwest Territories do not charge provincial sales tax.
Provincial and federal sales tax rates at the retail level on goods and some services are as follows:
• Alberta:......................0 + 5% = 5%
• British Columbia:..........7% + 5% = 12%
• Manitoba:....................7% + 5% = 12%
• Ontario:.......................8% + 5% = 13%
• Prince Edward Island:..10% + 5% = 15.5% (PST applied to price + GST)
• Quebec:..................... 7.5% + 5% = 12.875% (PST applied to price + GST)
• Saskatchewan:............5% + 5% = 10%
Property taxes
The municipal level of government is funded largely by property taxes on residential, industrial and commercial properties. These account for about ten percent of total taxation in Canada.
Excise taxes
Both the federal and provincial governments impose excise taxes on inelastic goods such as cigarettes, gasoline, alcohol, and for vehicle air conditioners. A great bulk of the retail price of cigarettes and alcohol are excise taxes. The vehicle air conditioner tax is currently set at $150 per air conditioning unit. Canada has some of the highest rates of taxes on cigarettes and alcohol in the world. These are sometimes referred to by Canadians as "sin taxes".
Payroll taxes
Ontario levies a payroll tax on employers, the "Employer Health Tax", of 1.95% of payroll. Eligible employers are exempt on the first $400,000 of payroll. This tax was designed to replace revenues lost when health insurance premiums, which were often paid by employers for their employees, were eliminated in 1989.
Quebec levies a similar tax called the "Health Services Fund". For those who are employees, the amount is paid by employers as part of payroll. For those who are not employees such as pensioners and self-employed individuals, the amount is paid by the taxpayer.
Premiums for the Employment Insurance system and the Canada Pension Plan are paid by employees and employers. Premiums for Workers' Compensation are paid by employers. These premiums account for 12% of government revenues. These premiums are not considered to be taxes because they create entitlements for employees to receive payments from the programs, unlike taxes, which are used to fund government activities. The funds collected by the Canada Pension Plan and by the Employment Insurance are in theory separated from the general fund. It should be noted that Unemployment Insurance was renamed to Employment Insurance to reflect the increased scope of the plan from its original intended purpose.
Employment Insurance is unlike private insurance because the individual's yearly income impacts the received benefit. Unlike private insurance, the benefits are treated as taxable earnings and if the individual had a mid to high income for the year, they could have to repay up to the full benefit received.
] Health and Prescription Insurance Tax
Ontario charges a tax on income for the health system. These amounts are collected through the income tax system, and do not determine eligiblity for public health care. The Ontario Health Premium is an additional amount charged on an individual's income tax that ranges from $300 for people with $20,000 of taxable income to $900 for high income earners. Individuals with less than $20,000 in taxable income are exempt.
Quebec also requires residents to obtain prescription insurance. When an individual does not have insurance, they must pay an income-derived premium. As these are income related, they are considered to be a tax on income under the law in Canada.
Other provinces, such as British Columbia and Alberta, charge premiums collected outside of the tax system for the provincial medicare systems. These are usually reduced or eliminated for low-income people.
Inheritance tax
Since the government of Brian Mulroney in the 1980s, Canada has had no inheritance taxes. Instead, inheritance is treated as a disposal subject to the same capital gains taxation as, for example, the sale of the asset.
International taxation
Canadian individuals and corporations pay income taxes based on their world-wide income. They are protected against double taxation through the foreign tax credit, which allows taxpayers to deduct from their Canadian income tax otherwise payable the income tax paid in other countries. A citizen who is currently not a resident of Canada may petition the CRA to change his status so that income from outside Canada is not taxed.
International comparison (personal income tax)
Comparison of taxes paid by a household earning the country's average wage (as of 2005)
________________________________________
Country Single
no children Married
2 children Country Single
no children Married
2 children
________________________________________
Australia 28.3% 16.0% Korea 17.3% 16.2%
Austria 47.4% 35.5% Luxembourg 35.3% 12.2%
Belgium 55.4% 40.3% Mexico 18.2% 18.2%
Canada 31.6% 21.5% Netherlands 38.6% 29.1%
Czech Republic 43.8% 27.1% New Zealand 20.5% 14.5%
Denmark 41.4% 29.6% Norway 37.3% 29.6%
Finland 44.6% 38.4% Poland 43.6% 42.1%
France 50.1% 41.7% Portugal 36.2% 26.6%
Germany 51.8% 35.7% Slovak Republic 38.3% 23.2%
Greece 38.8% 39.2% Spain 39.0% 33.4%
Hungary 50.5% 39.9% Sweden 47.9% 42.4%
Iceland 29.0% 11.0% Switzerland 29.5% 18.6%
Ireland 25.7% 8.1% Turkey 42.7% 42.7%
Italy 45.4% 35.2% United Kingdom 33.5% 27.1%
Japan 27.7% 24.9% United States 29.1% 11.9%
________________________________________
From Wikipedia, the free encyclopedia

Tax education from law schools

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Tax education from law schools
In law schools, "tax law" is a sub-discipline and area of specialist study. Tax law specialists are often employed in consultative roles, and may also be involved in litigation. Many U.S. law schools require about 30 semester credit hours of required courses and approximately 60 hours or more of electives. Law students pick and choose available courses on which to focus before graduation with the J.D. degree in the United States. This freedom allows law students to take many tax courses such as federal taxation, estate and gift tax, and estates and successions before completing the Juris Doctor and taking the bar exam in a particular U.S. state.
There are many fine LLM or Masters in Laws Graduate programs currently being offered in the United States, United Kingdom, Australia, Netherlands etc. Many of these programs offer the opportunity to focus on domestic and international taxation. In the United States most LLM programs require that the candidate be a graduate of an American Bar Association-accredited law school while a mere graduate law degree is a sufficient eligibility criterion in other countries for admission to LLM in Taxation law programmes.
[edit] Tax education from business school programs
There are hundreds of accredited business schools in the USA. Many are accredited by the AACSB or ACBSP or recognized by AAFM. These undergraduate or graduate programs may allow the student to major or graduate with a tax related degree such as a Masters in Taxation. Also, the undergraduate focus on accounting would allow a student to go the Certified Public Accountant (CPA) track. After a student completes the individual state or jurisdictional requirements for accounting, the applicant may sit for the Uniform Certified Public Accountant Examination.
From Wikipedia, the free encyclopedia

the baby doll night

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The Egyptian press on a date rarely be repeated, since amassed a newspaper almost every movie heroes in the lives of the Grand Hotel to meet with journalists, and before the complete details stop with the names that will participate in the "night Aviv States."
Stars, Mahmoud Abdel Aziz, Nour El-Sherif, Mahmoud Hemeida, Creative's salary, Jamal Suleiman, Ahmed Makki, Ezzat Abu Auf, Mahmoud soldier.

Najm, Leila Alwi, Slav Vokrgi, Nicole Saba, Ghada Abdel Razek, Ola Ghanem, Dora Tunisia.
This is in addition to singer Robbie that will appear in real personality, and a myriad of new faces, with a large group of Arab representatives from Saudi Arabia, Iraq and other countries.

The story of the film revolves around the tour guide suffered a deficit in the marital life, traveled abroad for a period, searching for a cure, and return with an American regiment to his wife that I'll miss them, and attend with him "Bibi States" for serving with Good night, but the regiment was at risk of terrorist events is turning on its head Following, the film goes public in various parts of the world monitor the impact of the policy of globalization on human beings everywhere, starting from the tourist guide who was deprived from his wife, so that ordinary people in Iraq and Afghanistan.

While the company announced that the budget for the film transcends the forty million pounds, to be more cost films in the history of Egyptian cinema, Adel Adeeb said during the press conference that "the night Aviv States" will see more facilities provided by the company for the previous films, he first displayed in the Cannes Festival 2008, As evidenced by the participation of 60 representative and representative, and the new is the combination of a working group of Egyptian and another foreigner to exit the film in better shape, is the most prominent participants behind the camera, director of photography past Hong Manley, and producer Daniel Almnfd Cambanion, Doblerat company from South Africa, the company "Beckler" French Of tricks and graphics, and Studio "in August Road" in London to record the music that make up the graphic Yasser Abdel-Rahman, an expert makeup World "for Didier FAVERGES."

The story of the film revolves around the tour guide suffered a deficit in the marital life, traveled abroad for a period, searching for a cure, and return with an American regiment to his wife that I'll miss them, and attend with him; Bibi States serving with Good night, but the regiment was at risk of terrorist events is turning upside down , The movie goes public in various parts of the world monitor the impact of the policy of globalization on human beings everywhere, starting from the tourist guide who was deprived from his wife, so that ordinary people in Iraq and Afghanistan.
It stressed the company producing the heroes not to mention their roles, but the press has succeeded in reaching the keys to the main characters, shows where Mahmoud Abdul Aziz said in a personal guide, has two wives and two Slav Nicole, and leading role of Nur al-Sharif correspondent shock irregularities U.S. military in Iraq would turn into a violent person, either Jamal Sulaiman appears in the personality of a taxi driver.

While the company announced that the budget for the film transcends the forty million pounds, to be more cost films in the history of Egyptian cinema, Adel Adeeb said during the press conference that; night Aviv States; will see more facilities provided by the company for the previous films, he first displayed in the Cannes Festival 2008, As evidenced by the participation of 60 representative and representative, and the new is the combination of a working group of Egyptian and another foreigner to exit the film in better shape, is the most prominent participants behind the camera, director of photography past Hong Manley, and producer Daniel Almnfd Cambanion, Doblerat company from South Africa, and the company; Beckler; French Of tricks and graphics, and Studio; August Road in London to record the music that make up the graphic Yasser Abdel-Rahman, an expert makeup World; Didier for FAVERGES;. Adel Adeeb said he hopes to make a film lifted shares of Arab cinema abroad, and the message in honor of his father late.
During the ceremony gave the artist Abdel Aziz speech in which he confirmed that he was ready for another seven-year absence to find a good text, as it moved away from the cinema to respect them, pointing out that he was interested in this movie three years ago, and wished to add; night Aviv States; movie for its score, Nur al-Sharif also said that the market was in need of the Egyptian movie producers to reconsider his balance after the tyranny of commercial cinema, which does not reject but he refuses to be found alone on the ground and limited reflect on the ancient Egyptian cinema.
After a meeting stars journalists in the gallery, everyone moved to the ceremony during which it descends, a huge allowed to conduct interviews with media stars. The director begins just Adib film photography studio next Tuesday Ahram, to be announced later dates for travel abroad, where the image of the film in Lebanon and Syria, Yugoslavia, Canada and some states of America.

Earn money with Widget Bucks

2008-06-20T19:04:00.001-07:00

Widget Bucks fea pay-per-click shopping widgets that help our customers make money fast. They instantly display the most popular products based on buying trends of 100 million shoppers. Thus they are
highly engaging, which means instant dollars for our customers. Our widgets see $3-$6 CPM — pretty good compared to traditional ad networks that deliver less than $2 CPM
started withWidgetBucksaround 2 month ago.
On my first 2 weeks with the program I didn't get any clicks, I was pretty disappointed and I was thinking about taking the ads off my blogs but then I changed my mind because I had them only for 2 weeks and I think that to be successful you have to keep trying so I changed the ads placement and on the 3rd week I got 3 clicks and with just 3 clicks I made $1.50 which I think is pretty good. With google adsense most of the time with 3 click I make like 0.15 cents.
So since then I have been getting more clicks every week and each click make me between 0.45 and 0.55 cents.
I think that WidgetBucks
is a very good way to make money online if you have a blog or website.
Remember that to make money online you have to be consistent, is not easy but if you put some work on it you will start seen good results.

WidgetBucks is based on pay-per-click, just like Google Adsense. You are paid for each click made on an ad by a legitimate website visitor.
There are also 2 other ways to make money with WidgetBucks
one is by CPM, or Cost-Per-Thousand and also you can make money by refering other people to this Free service.

Remember that like any other Pay per click service you can not click on your own ads, if you do it your account will be suspended.

There are three ways to make money from WidgetBucks
:PPC, or Pay-Per-Click ads. Each time a user from the U.S. or Canada clicks on a WidgetBucks ad widget on your site, you get paid.
CPM, or Cost-Per-Thousand Impressions. When a user from outside the U.S. and Canada views one of your pages that contains a CPM ad from one of WidgetBucks' ad partners, you earn revenue.
Referrals. When you refer a newWidgetBucks
user, you will receive a 5 percent referral fee based on the commissions earned by the people you refer. You'll receive this 5 percent for the full 12 months after the new member joins.

WidgetBucks
is a very easy publisher programs. To make a New Widget just go to The "New Widget" screen, and on that page you have all the simple steps you have to follow to make your ads. Name and identify where the widget will be seen. Next, select a widget size, and a product rotation interval, one of the best sizes to use is the 300 x 250 ads or the 100x600 ads but the best way to find out which are best for you is to experiment with them try different sizes and placements and check out which ones works best for you.

Select a color scheme to apply to your ads - make it match your site's color scheme as much as possible so the blend with your content and they look like a part of your website or blog!

The last step is where you can select the broad and sub-categories of products you'd like to see featured in your ad, while you are making all these changes you have right there the preview area (not seen in the screenshot above) that dynamically updates and lets you see the exact ad you'll get. Finally, save and add the code to your site - and you're done it can get any easier!

How do I get started?
Getting started with WidgetBucks
is a simple 1-2-3 process. First, sign-up. Second, configure your WidgetBucks
with our easy publishing system. Third, paste the code into your blog or Web page, or use our integration with popular blog platforms such as TypePad, Blogger and WordPress. If you want to change or update your WidgetBucks
in the future, simply sign in and go to My Widgets. As of November 28, 2007, WidgetBucks
requires approval of new accounts in order to maintain network quality and a competitive revenue-per-click for publishers.

Can I post a widget to my blog or publishing platform?

In many cases, a blogging/publishing platform will not allow the user to directly edit/enter HTML directly and/or there are restrictions on including javascript within a post. In these cases, you will not be able to place a widget in a post, but you may be able to add the widget to the sidebar. Sidebars are provided by nearly all blogging/publishing platforms, and they typically support HTML/Javascript. For example, WordPress does not allow certain types of accounts to add Javascript. Blogspot and Typepad are examples of platforms that allow you to place the widget code directly in a blog post and/or in the sidebar. WidgetBucks
currently has direct integration with Blogger and Typepad to add the widget directly to a sidebar. You can also copy/paste the HTML code directly into a blog post on these platforms. Wordpress is also a very popular blogging platform, but has some specific WordPress steps that must be followed to support Javascript within your post. As a rule, if your platform allows you to directly edit HTML, you should be able to post a widget.

Can I put WidgetBucks
on my site if I'm not based in the US?

Yes, as long as the site meets the terms of service. Please be aware that our terms of service does not allow non-english sites, ad-only sites, sites containing pornography or violent images, sites with invalid domains, and of course, click fraud. WidgetBucks
can be placed on any site that has traffic; however, our mostly U.S.-based merchants/advertisers have indicated that they see an extremely low conversion to sale from international clicks, that is, those users from outside the U.S. and Canada. As a result, WidgetBucks
offers the CPM (cost-per-thousand impressions) ads for publishers' international traffic, and the PPC (pay-per-click) model for U.S. and Canada traffic.

What do I have to do to make the PPC or CPM ads work at the right time?
Nothing. WidgetBucks
handles this automatically. At the time a user visits a page containing the widget, we will sense the geographic location of the visitor. If they are in the U.S. and/or Canada, the user will see the normal WidgetBucks
WidgetBucks
. If the user is outside those two countries, then our system will determine a country-specific CPM ad to display. We are currently working with advertisers covering 100 countries and offering thousands of creatives to ensure that most site visitors will be monetized for your benefit. All ads are restricted against adult or other suggestive themes.

If you are an existing publishers running widgets, you will need to replace existing code with new WidgetBucks
ad code on their sites in order to begin earning international CPM revenue. To update your widget(s), simply click "Copy HTML" within the "Customize Your Widget" page for that widget and re-paste/replace the code block into your site. The updated code can also be replaced directly into the Blogger, TypePad or WordPress blogging platforms.

Will WidgetBucks
ever offer PPC widgets for global merchants?
We are looking into additional solutions, including pay-per-click links to global merchants. Most of these longer-term solutions will require additional time to implement so we appreciate your patience as we work toward those.

What can I do about click fraud on my site?
To guard against outside people committing click fraud on a site and widget ads, several of our large publishers have installed scripts that sense when someone at a particular IP address is clicking too fast and too often. The script then blocks that IP address and prevents them from clicking. Thus, their widgets do not show a high number of invalid clicks, and their accounts are not suspended. Publishers who don't have this protection may want to consider installing such a script on their sites.

Does it matter what type of site I have to use WidgetBucks
?
As long as the site meets the terms of service, you can use ads on any kind of site or pages you are looking to monetize. We've seen our shopping widgets be effective on specific product blogs, entertainment sites, or even local search engines. Try out a few different widgets and see what works best for your customers, but regardless, you'll be making money! We have noticed that well-placed, contextual WidgetBucks
ads can yield over very high eCPM, in many cases over $6 eCPM. Location of the ad is important for U.S. and Canada traffic as they are PPC ads, so it needs to be "above the fold" and if you are selecting a specific content category, be sure it applies to your site content. Otherwise, use the MerchSense option and it will snap content to your page automatically based on page content and demographics. Sites that are pornographic in nature, non-english sites, and/or ad-only sites are examples of sites that are not allowed by the Terms of Service.

willsmith

2008-06-20T19:02:00.000-07:00

Very few performers have had as much success transitioning from the music scene to the film realm as Will Smith has. Being in the entertainment scene since the late 80s, today, Smith is one of the most recognized and esteemed performers and producers in the industry.

Will Smith was born Willard Christopher Smith Jr on September 25th, 1968 in Philadelphia, Pennsylvania. He attended Overbrook High School in Winfield Pennsylvania, which is where he soon became known to his friends as “The Prince,” for his charming antics. Little did he know that this nickname would still have meaning over 30 years later.

At the early age of 12, Smith began rapping and developing his own style under the influence of hip-hop legend, Grandmaster Flash. Four years later, at only 16, he met Jeff Townes, also known as DJ Jazzy Jeff, who he eventually collaborated with under the title, Fresh Prince. The two produced a number of songs including the worldwide hit, Girls Ain’t Nothin But Trouble, and in 1989, the duo won their first Grammy for Best Rap Performance for Parents Just Don’t Understand. Shortly thereafter, they won another Grammy in 1991 for Summertime. DJ Jazzy Jeff and the Fresh Prince continued to make music together until their final album, Code Red, which was released in 1993. Even though this was the end for the rap duo, Smith re-emerged as a solo artist in 1997 with his debut LP, Big Willie Style and continues to make and produce music today.

Prior to his debut as a solo artist, Will Smith had already made a name for himself in the acting realm. In 1990, Will Smith was cast in the NBC sitcom, The Fresh Prince of Bel-Air, which starred Smith as the “Fresh Prince,” a young street-smart kid from Philly living in one of LA’s wealthiest areas, Bel-Air. The family comedy proved to be a great success running for six years and giving Smith a name in the industry.

It wasn’t long before the movie offers came rolling in. One of his first roles was in the film starring Whoopi Goldberg and Ted Danson, Made In America, in which Smith played the best friend of Goldberg’s onscreen daughter. His next role in the Oscar-nominated film, Six Degrees of Separation, garnered him international respect after proving to the world that he could play more than the comical Fresh Prince. This eventually led to the 1995 box-office hit, Bad Boys, which was one of the first-ever action films to feature two black lead actors.

After Bad Boys, things only got better for Will Smith. He starred in over a dozen films including Independence Day (1996), Men in Black (1997), Enemy of the State (1998), Ali (2001), I, Robot (2004), Hitch (2005) and the Pursuit of Happyness (2006) to name a few. Over the span of his acting career, he’s won 28 awards and has been nominated for 49 others including two Oscar nominations for Best Performance by an Actor in a Leading Role for his role in Ali and in The Pursuit of Happyness.

After successfully conquering the music and film industries, Will Smith has taken on the new role as producer. With the help of partner James Lassiter, Smith recently launched Overbrook Entertainment, a film and television production company that also does artist management. Since its birth, Overbrook has produced several box office hits including I, Robot, Hitch, and the most recent, The Pursuit of Happyness.

the pregnant man

2008-06-20T19:01:00.000-07:00

Apostle television program, offered by the American announcer famous opera and Winfrey hosted a man he kept genital mutilation despite its transformation from female to mention, now holder of fame in the fifth.
The man said pregnant, and named Thomas Valletta, in extracts from the programme, which aired the day before yesterday «I'm gone right person to be me my child Diversity».

According to excerpts of which were broadcast Lolita tells how his wife were not capable of pregnancy after she underwent surgery in the past to eradicate the womb. He said: «if Nancy can carry you to do this». And Roy Keita (34 years), its conflicts with different doctors and with his family and friends in a letter published last week magazine «a Advukit», a magazine on sexually abnormal, and wrote that he had surgery to change the structure of al-Sadr appeared to take the hormone testosterone

When taken to his decision to have a child stopped hormone doses that were received by injection once every two months and resumed menstruation and subjected to the process of enrichment for use Sperm donor is not known from animal sperm bank. The failed first attempt failed. But the second attempt proved successful and is expected to put her baby in about three of the next July

jokes

2008-06-20T19:00:00.000-07:00

Two cows are standing in a field.
One says to the other "Are you worried about Mad Cow Disease?"
The other one says "No, It doesn't worry me, I'm a horse!"

A man receives a phone call from his doctor.
The doctor says, "I have some good news and some bad news."
The man says, "OK, give me the good news first."
The doctor says, "The good news is, you have 24 hours to live."
The man replies, "Oh no! If that's the good news, then what's the bad news?"
The doctor says, "The bad news is, I forgot to call you yesterday."

A: Do you want to hear a dirty joke?
B: Ok
A: A white horse fell in the mud.

Teacher: Did you father help your with your homework
Student: No, he did it all by himself.

Patient: Doctor! You've got to help me! Nobody ever listens to me. No one ever pays any attention to what I have to say.
Doctor: Next please!

A: Why are all those people running
B: They are running a race to get a cup.
A: Who will get the cup
B: The person who wins.
A: Then why are all the others running

Customer in a restaurant: I would like to have a plate of rice and a piece of fried chicken and a cup of coffee
Waitress : Is it enough Sir?
Customer : What? Do you think I can't buy more?

Teacher: Why are you late?
Student: There was a man who lost a hundred dollar bill.
Teacher: That's nice. Were you helping him look for it?
Student: No. I was standing on it.
A teacher asked a student to write 55.
Student asked: How?
Teacher: Write 5 and beside it another 5!
The student wrote 5 and stopped.
teacher: What are you waiting for?
student: I don't know which side to write the other 5!
A teenage girl had been talking on the phone for about half an hour, and then she hung up.
"Wow!," said her father, "That was short. You usually talk for two hours. What happened?"
"Wrong number," replied the girl.

If you see an elephant sitting on the chair, what time is it
Time to buy a new chair!

0??What's black and white and red over
A newspaper! Because it's read all over.

What would you do if you broke your arme in tow places?? 0
Stay away from those tow places.

How does an animal doctor look inside a tiger's mouth??0
Very carefully.

How to deal with post-picked flowers

2008-06-20T18:57:00.000-07:00

How to deal with post-picked flowers:
Whether the person who carried out the cut or the purchase of flowers from one of the assignee attention given to them at home or place of a single coordinated and carried out the following manner:
-- Go down leg certainly ads shears and a length of about 6 cm pieces, the pieces italics prevent parking based on his leg, all in the bottom of the pot, so less water is not absorbed by the leg as well as increased absorbent surface exceeds the amount of water absorbed by the lump.

-- If the flowers of the species that have a somewhat wooden legs are crushing the bottom leg (about 2.5 cm) which facilitates the entry into force of the water to the highest legs, like these flowers: "Alheidrangjia."

Here's caring ways and flowers: --

If purchased lay flowers are not normal cleaning devices pots and clean water almost one-third Submit
Add nutrients to the flowers into the water and good move
Removed the papers found in the lower leg of the flower to prevent bacteria
Then cut the party's lower leg to a distance of 2 cm flower and tilted angle
This allows for better absorption of flower water, which helps to keep a longer period
Also make sure when you put this process of party basement of a flower under water so as not to seep into the air leg
Prefer to change the water and making sure money receptacle containing flowers to prevent the growth of harmful bacteria flowers.
It is important to put flowers in a cool 20 -25 degree Celsius degrees away from sunlight and sources of heat and away from the holes conditioners and preferably put flowers in natural lighting
Avoid excessive irrigation because it leads to negative results

diving and the Red Sea

2008-06-20T18:56:00.000-07:00

Find beauty here depths, colors and beauty, and creatures that live under more beaches drier, and least explored. "
In the Red Sea usually 450 species of fish, as have a number of marine species (such as green turtles and turtle's beak punishment) has prepared abundant.
The sea brides living in small family groups, a large mammal animal, also called sea cow. It is believed that this animal is shy marine built upon myth Nymph.
As hesitate on the Red Sea as well as several strains of whales and dolphins.
This is the warm waters filled with fish safe and wonderful place for swimming, diving, diving tube, sailing and fishing throughout the year.
The dive from the beach is relatively easy to Jeddah, where the coral reef a few steps from the beach, and a depth of up to 25 m will find a wall the length of 40 m atolls.
The intervention here Ajeeb and exciting world of fish, Alchwenin, sharks, turtles, the most vital emperor fish, fish Angelic, Ray dotted punishment, and fish in vitro, and the comet long Flipper.
The easiest places to dive so concentrated in Jeddah and Sharm el-sailing, providing a number of hotels and beaches for ways to reach direct single.
The rate of vision beyond the coral on the coast about 30 m, but are allowed to dive in the quiet days (approximately 70% of the time). And reduced vision in the nearby coral to about 10 p.m., but they are excellent sites for diving and discovery.
It may be dangerous to dive, so it requires a trained coach Maher authorized, provided the companies listed below diving services to various levels (novice, average and professional).