...Residents rights. This Legal policy was made in 1995 and was updated in 2005. This aim of this act is to end the discrimination, it gives rights to people with disabilities. This act gives rights to disabled people in many areas such as employment, education, access to merchandise and many more. The legislation requires public representatives to promote equality of opportunity for people with disabilities. It also allows the government to set minimum standards so that people with disabilities can use public transport easily. The Residents rights define discrimination in a number of ways and outlines four specific types of discrimination: direct discrimination, failure to make reasonable adjustments, disability-related discrimination and victimisation. The Residents rights prevents anyone from the risk of harm or discrimination over them being disabled. For example, if there is a disabled elderly person in the care home then they would need to be given special treatment and should be tended to more than some of the other residents. The care home that they are staying in their staff should be checked on regularly because the staff could be violently assaulting residents and not be caught so regular checks should be done to prevent this. The Residents rights stops anyone from being mistreated or thought of as being different or lower in status etc. so they should be thought of as being able to things for themselves but only to an extent. For example, if someone receives...
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...PUBLIC LAW V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been...
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...In the early 1950's Rosa Parks, Martin Luther King Jr., and countless other African Americans as well as White Americans fought together for a cause that was against Segregation and the Jim Crow Laws. They were feeling the effects of racism from the Civil War back in the 1800's. African Americans were not being treated kindly, neither were the White Americans who befriended them. Those who fought against the Jim Crow Laws weren't just fighting to be rebellious against the nation, but they were fighting to be free of an unjust unconstitutional law that was established and enforced by our Government. When I say they were "fighting" that law I do not mean they were actually throwing riots and chaos everywhere they went. They were more so doing peace rally's. They had peaceful sit-ins, they drove a bus around the country, they had conferences and speeches. They were not doing what today's rebellions are trying to justify as "peaceful". They still stood for the Red, White, and Blue. They obeyed civil laws, they did not kill, nor did they light towns on fire. The MLK group only wanted others to feel love for them, to accept them into society, and to be treated as real Americans with real...
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...Employee Absenteeism Kmart Corporation Alvin Williams Professor Whatley LG415 Quality Control Park University INTRODUCTION The purpose of this research paper is to identify employee absenteeism and explain the process of how Kmart was able to successfully merge with Sears effectively without completely diminishing employee morale and loyalty. Let us first begin by going into detail to primarily explain what employee absenteeism is. In the workforce it is described as a failure to appear for work in a routine period of time. It also means the number of occurrences of missed work without valid reasoning. Picture the scenario that you are shopping in Kmart and you have finally completed your shopping to proceed to check out. The time just so happens to be three o’clock, which are the shift change hours for cashiers. There are three customers ahead of you and only two lanes open. You notice that there is a delay in check out times. You finally get to the counter to pay and over hear the cashier complaining that she will have to stay another two hours because her replacement has called out sick once again, without proper notice. At this point the cashier becomes a little irritated in her responses and appears to be in no way interested in pleasing the customer. What happened to the employee that was smiling just three customers before you? I can easily explain. The motivation the...
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...This is an image displaying the system of segregation created by the Jim Crow Laws in the late 1800's. On the left is a grown black man on duty, struggling to drink from a small, hot, metal water fountain. Behind him are many other people just like him, (colored and hard working) who are forbidden from using the glorious, available, white people’s fountain, waiting for their turns. A person who disobeys the Jim Crow laws, for example a black man using the white people's water fountain, will face severe punishment, and get arrested and serve long years of hard labor--that's if he or she was lucky. Needless to say, the laws did not protect colored people, like it was supposed to,rather, the laws oppressed them. On the right there is a beautiful water fountain, one that is made of rock, as rock is not a heat insulator, and it is not capable of burning anyone drinking from it. Due to the fact that...
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...the financial period to end in December 31. Failure to change legal entity is not advantageous to the buyer because he is limited to adhering to the current tax basis on Smithon's assets even if he had paid more for the assets. Issuing debt in Johnson Services Company to pay for the Smithon Company would raise debt equity ratio issues. Issuing debt would increase the amount of liabilities owed by the organization to compound the fact that it is already operating at a loss. Issuing debt would result in ratio that is over or close to unity indicating that the company's assets are being financed by debt. High debt equity ratio indicates that the organization is risky and is financially weak. b) Should Mr. Jones convert Smithon to an S corporation and change the fiscal year Mr....
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...Business Law II Research Paper The advantages, from a liability standpoint, of a business incorporating and that given a business is going to incorporate…the difference in tax treatment between a C-Corp, Subchapter S and an LLC When businesses are started, one consideration that must be made is what type of business it will be. Many decide to incorporate themselves and look to the advantages they may gain from this. Liability may be one of the biggest advantages to incorporating a business. Along with advantages of incorporating, the tax treatment for different types of businesses will differ whether it is a C-Corp, Subchapter S, or an LLC (limited liability corporation). All of these options will give businesses the best solution to take advantage of different types of tax treatment and the advantages of incorporating. From a liability standpoint, incorporating a business is going to protect the owners’ personal assets from business obligations, debts, and any other business activity. With out the liability protection of incorporating, the business owner is responsible for these obligations, debts, and business activity. Once an owner makes the decision to incorporate, they separate personal assets from the business (“Incorporating a business,”). It is important for owners to incorporate to help protect themselves and their families from taking on the burden of a failing business. How does incorporating protect business owners’ personal assets?...
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...partnership, may elect to be an S corporation, under section 1361(b)(1)(B), 1361(b)(1)(C) and 1361(b)(1)(D)? B. Whether all the shareholders must consent to the election of S status, under section 1362(a)(2)? C. Whether the election of S status is effective if a C corporation does not meet all the requirements in the election year, under Reg §1.1362-6(2)(ii)(B)? D. Whether an S corporation can keep its C corporation tax year, which ends in June 30, without documenting any business purpose, under the provision of section 1378(b)? E. Whether a newly elected S corporation has to recapture LIFO amount in inventory, according to section 1363(d), to the extent of how much? F. Whether a newly elected S corporation shall recognize the built-in gain from the sale of the appreciated land under section 1374(b)(2), to the extent of how much? G. Whether an S corporation is allowed to use net operating losses incurred from previous C corporation years to offset the net recognized built-in gain for the succeeding S corporation years, in compliance with section 1371(b)(1)? H. Whether the S corporation can deduct all the accident and health insurance, and defined contribution pension plan, under section Conclusion: A. To become a valid S corporation, a C corporation must file the election and meet the requirements for small business corporation, which includes having one class of stock and not having foreign shareholder or partnership shareholder. B. An elected S status is not effective...
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...Chapter 22 S Corporations SOLUTIONS MANUAL Discussion Questions: 1. [LO 1] In general terms, how are C corporations different from and similar to S corporations? S corporations are incorporated under state law and thus have the same legal protections as C corporations. They are governed by the same corporate tax rules that apply in the organization, liquidation, and reorganization of C corporations. However, unlike a C corporation, an S corporation is a flow-through entity and shares many tax similarities with partnerships. For example, basis calculations for S corporation shareholders and partners are similar, the income or loss of an S corporation flows through to its owners, and distributions are generally not taxed to the extent of the owner’s basis. 2. [LO 1] What are the limitations on the number and type of shareholders an S corporation may have? How are these limitations different from restrictions on the number and type of shareholders C corporations or partnerships may have? Only U.S. citizens or residents, certain trusts, and certain tax-exempt organizations may be shareholders, no corporations or partnerships. In addition, S corporations may have no more than 100 shareholders; family members and their estates count as one. C corporations and partnerships do not have a limit on the amount or type of shareholders or partners. 3. [LO 1] Why can’t large, publicly traded corporations be treated as S corporations? A publicly traded corporation...
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...CHAPTER-I INTRODUCTION The subject of matriarchal studies is the investigation and presentation of non-patriarchal societies of past and present. Even today there are enclaves of societies with matriarchal patterns in Asia, Africa, America and Oceania. None of these is a mere reversal of patriarchy where women rule -as it is often commonly believed -instead, they are all egalitarian societies, without exception. This means they do not know hierarchies, classes and the domination of one gender by the other. They are societies free of domination, but they still have their regulations. And this is the fact that makes them so attractive in any search for a new philosophy, to create a just society. Equality does not merely mean a levelling of differences. The natural differences between the genders and the generations are respected and honoured, but they never serve to create hierarchies, as is common in patriarchy. The different genders and generations have their own honour and through complimentary areas of activity, they are geared towards each other. This can be observed on all levels of society: the economic level, the social level, the political level and the areas of their worldviews and faiths. More precisely matriarchies are societies with complementary equality, where great care is taken to provide a balance. This applies to the balance between genders, among generations, and between humans and nature. The differentiated rules of matriarchal societies have been...
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...election is made on Form 8832 to be taxed as a corporation. An LLC with more than one owner is taxed as a partnership unless an election is made on Form 8832 to be taxed as corporation. Entities that are incorporated under state law or required to be taxed as corporations under Federal law (e.g., certain publicly traded partnerships) cannot make an election under the check-the-box Regulations. p. 2-8 11. A PSC is a corporation that has as its principal activity the performance of personal services, and such services are substantially performed by shareholder-employees. The performance of services must be in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. In general, a PSC must adopt a calendar year. However, a PSC can elect a fiscal year under any of the following conditions: • A business purpose for the year can be demonstrated. • A § 444 election is made that provides for a three month or less deferral period. The deduction limitations of § 280H will apply to the PSC. • An election was made under § 444 to retain its fiscal year ending 1987. p. 2-10 12. In general, a corporation is not allowed to use the cash method of accounting for Federal tax purposes. However, S corporations, qualified personal service corporations, and C corporations engaged in the trade or business of farming or timber are exceptions to this rule. Further, a C corporation with $5 million or less of average gross receipts...
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...employment is such that when away from home, during released time, it is reasonable for him to need and to obtain sleep or rest in order to meet the exigencies of his employment or the business demands of his employment, his expenditures (including incidental expenses, such as tips) for the purpose of obtaining sleep or rest are deductible traveling expenses under Section 162(a)(2). Analysis: The “Sleep or rest rule” clearly states that even if there is no provision for sleep or rest the time the individual uses to rest is considered necessary to perform their job. As per Williams V. Commissioner the time used by both individuals for sleep, rest, meals, etc. is deductable. The following is an excerpt from our book which references the tax law and clearly shows that both individuals have the right to claim there meals, lodging, and incidentals. Shortly after Williams was decided, the Commissioner issued Rev. Rul. 61-221, 1961-2 C.B. 34, which announced his concurrence with the sleep or rest rule as in terpreted in Williams. 9 The Supreme Court in United States v. Correll, 389 U.S. 299 (1967) [20 AFTR 2d 5845], observed that the rule contemplated a sleep or rest period of sufficient duration that would ordinarily be related to a significant increase in expenses. The Supreme Court acknowledged the rule provided a definite, fair, and ascertainable standard. Id. at 302-303. The Tax Court in Barry v. Commissioner, 54 T.C. 1210 (1970), affd. 435 F.2d 1290...
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...then you would inherit all assets and liabilities of Smithon. This would increase your personal tax liability. Issuing debt in Johnson Services Company to pay for the Smith Company would not be a good idea considering, Johnson services has incurred significant losses already. This would definitely raise debt to equity issues, since Johnson Company is operating with an existing loss and using debt equity to acquire additional assets. This would also produce a higher debt to equity ratio, meaning that most of Johnson Services’ assets are financed by debt. This may deter future investors. b. 1. Issue: Should Mr. Jones convert Smithon to an S corporation and change the fiscal year end to a calendar year end? 2. Applicable Law & Analysis: Would a convert of entity be beneficial to your tax situation? An S corporation is not subject to the corporate tax, except for a tax on built-in gains, a tax on excessive passive investment income, LIFO recapture tax, and a tax imposed on early disposition of property on which general business credit was claimed by the corporation when it was...
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...company and inheriting all tax liability it is not in your best interest to purchase the stock and leave Smithon intact and would just be more costly as you are responsible for the tax liability either way due to the purchase. The issuing of debt in the Johnson Services company would definitely raise debt to equity issues. Johnson Services Company is already having difficulty and has incurred significant losses and the issuance of more debt would only place more of a hardship on the company. Also, if a company has to high of a debt to equity ratio it will look unattractive to investor and may make it harder to obtain financing from a bank. b. Should Mr. Jones convert Smithon to an S corporation and change the fiscal year-end to a calendar year-end? IRC § 1378 states that a taxable year for S corporations shall be a permitted year or taxable year which is a year ending December 31, or is any other accounting period for which the...
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...proprietorship, partnership, and corporation. Each business structure is progressively turning around in ideas to make a profit. Entrepreneurs skim through the diverse models searching for successful companies with a unique system. The success of a business relies in identifying an appropriate business structure. Therefore, understanding how a business structure may or may not be advantageous is very important. Corporate business structures consist of general, subchapter, and limited corporations. General corporations are a separate legal entity owned by unlimited number of stakeholders protected from business creditors. A subchapter S corporation has the characteristics of general corporations with special internal revenue service; a tax status used mostly by small businesses that provides tax advantages. Limited Liability Company is not a corporation but similar to an S corporation with added flexibility and fewer restrictions. A disadvantage of a LLC structure is the hierarchy type of organization where only few personnel establish rules and policies. Moguls comprehend the necessity of a strong business structure and thrive in their industries. On the other hand, small businesses consist of location and need rather than knowledge or expertise. Furthermore, the most difficult business structure is a corporation because it consists of many individuals or shareholders who form a hierarchy type of structure. Every chief executive has to respond to a board of directors, as each subordinate...
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