Legal Advice Essay Example | Topics and Well Written Essays - 1250 words

Legal Advice - Essay Example Factual Information In summary, Mr. and Mrs. Elliot (‘the Elliots’) made an application to their Council, on behalf of their son, Billy, for a grant for their son to study at a residential ballot school. The application was made on the following grounds: there were no comparable schools available within a reasonable proximity of their home; they were unable to pay the fees of the available schools; and, under the heading â€Å"other exceptional circumstances†, they argued that their son had been the victim of bullying at his local school due to his interest in ballot dancing. The Council rejected the application without having considered oral representations from the Elliots. The Grants Application Officer informed Mrs. Elliot, by telephone, that the application had been rejected because ballot schools had been excluded from the range of courses which were being funded. Mrs. Elliot was further informed that the Council never considered issues falling under "other exceptional circumstances" due to the ‘lengthy disputes’ which often resulted. The Grants Application Officer stated that in any event the Council had no duty to award a grant as they could exercise their discretion as they deemed appropriate in the circumstances. ... Word limit: 1500 (+/-10%) Legal Advice Introduction Mr. and Mrs. Elliot are seeking advice on the prospects of successfully applying for judicial review against a decision by their local authority (‘the Council’) to refuse their son a grant to study at a residential ballot school. This advice has been divided into the following sections: Factual Information; The Remit of Judicial Review; The Requirements of Judicial Review; Legal Analysis of the Issues; and Conclusion. Factual Information In summary, Mr. and Mrs. Elliot (‘the Elliots’) made an application to their Council, on behalf of their son, Billy, for a grant for their son to study at a residential ballot school. The application was made on the following grounds: there were no comparable schools available within a reasonable proximity of their home; they were unable to pay the fees of the available schools; and, under the heading â€Å"other exceptional circumstances†, they argued that their son had been the victim of bullying at his local school due to his interest in ballot dancing. The Council rejected the application without having considered oral representations from the Elliots. The Grants Application Officer informed Mrs. Elliot, by telephone, that the application had been rejected because ballot schools had been excluded from the range of courses which were being funded. Mrs. Elliot was further informed that the Council never considered issues falling under "other exceptional circumstances" due to the ‘lengthy disputes’ which often resulted. The Grants Application Officer stated that in any event the Council had no duty to award a grant as they could exercise their discretion as they deemed appropriate in the circumstances. In light of the above, the Elliots seek advice on the

Pharmacological rationale for the use of beta blockers and nitrates in the treatment of patients with ischaemic heart disease Essay Example for Free

Pharmacological rationale for the use of beta blockers and nitrates in the treatment of patients with ischaemic heart disease Essay The goals of treatment in acute myocardial infection are the restoration of blood flow to the coronary arteries and salvaging as much as possible of a functional myocardium. Nitrates and betablockers are some of the main medications used in the management of acute myocardial infarction. Nitrates are beneficial due to their vasodilator effect. Nitrates are metabolized to nitric oxide in the endothelium of blood vessels (Rubenstein et al, 2006, pp261). The nitric oxide has the effect of relaxing vascular smooth muscle causing the blood vessel lumen to dilate. Vasodilation leads to a reduction in cardiac afterload and preload. This decreased the oxygen requirements of the myocardium. Vasodilation in the coronary arteries leads to an improvement in the flow of blood through the partially obstructed coronary vessels and also through the collateral vessels. Nitrates reverse the vasoconstriction that occurs during coronary occlusion (ACC/AHA, 2006). When administered intravenously or sublingually, nitroglycerin has a rapid onset of action. Evidence for the use of nitroglycerin has shown substantive benefit in the long term following therapy for MI. It is useful in such cases when there is no residual ischemia or a severe pump dysfunction (McInnes, 2008, pp255). The use of nitroglycerin is however limited by side effects such as headache, low blood pressure and tachyplaxis (Reid et al, 2006, pp62-63). The tolerance to nitrates can be overcome by providing a nitrate-free interval of eight to twelve hours or by increasing the dose of nitrates. Beta blocker therapy is usually initiated within twelve hours of the start of myocardial infarction symptoms and usually continues for an indefinite period of time. Betablockers are started intravenously and then continued orally with the dose being titrated upward until the maximal dose that can be tolerated (Mozayani and Raymond, 2004, pp220-221).Treatment using a beta blocker has the effect of decreasing the occurrence of ventricular arrhythmias, reinfarction, and recurrent ischaemia. When given early enough, the beta blockers also reduce the size of the infarct and have overall reduce short-term mortality associated with myocardial infarction (ACC/AHA, 1999, pp). Beta blockers act by decreasing the force and rate of myocardial contraction. This decreases overall myocardial oxygen demand and with reduced oxygen supply, there is minimized myocardial death and injury (Roach and Ford, 2006, pp 350). Betablockers inhibit the sympathetic actions mediated by epinephrine. In blocking the sympathetic nervous system, beta blockers lead to a release of renin that in turn causes a reduction in the aldosterone release which causes the blood pressure to fall. They reduce the effect of physical exertion or excitement on the heart rate and also reduce the force of contraction as well as dilation of blood vessels (Mozayani and Raymon, 2004, pp224). The antianginal effects of the betablockers result from inotropic and chronotropinc effects that reduce the workload of the heart and the oxygen demand of the cardiac tissue. The negative chronotropic properties of beta blockers are responsible for the lifesaving property of control of heart rate. Betablockers have a number of adverse effects. Heart failure is the most recognized amongst this and the most serious. Other side effects include bronchospasm and bradycardia. The benefits in reduction of the risk for reinfarction and mortality however outweigh the side effects thus there are no absolute contradiction to the use of beta blockers in myocardial infarction. In addition to beta blockers, statins are also given for the purpose of lipid management. High LDL cholesterol levels are likely to increase incidents of acute myocardial infarction (Bolooki, 2009). Other hypertensive drugs helpful in controlling blood pressure Other treatments that can be used in the management of acute myocardial infarction include angiotensin converting enzyme inhibitors class of drugs which have been shown to decrease the mortality rates of patients who have reduced left ventricular ejection fraction. ACEIs reduce myocardial afterload by causing vasodilation. ACE Inhibotros also reduce the size of myocardial infarction and improve the remodeling of the ventricles. These effects have a benefit in reducing the mortality and morbidity of patients post infarction (American Family Physician, 2001, p1). Patients who cannot tolerate the ACEIs there Angiotensin receptor blockers are used. The angiotensin receptor blockers act by causing vasodilation and reducing the secretion of vasopressin. The angiotensin II receptor blockers also Case Presentation: Management of the patient Initial treatment for acute myocardial infarction is directed toward restoring perfusion so that the as much of the jeopardized myocardium as is possible can be salvaged. One of the ways through which this can be achieved is through thrombolytic therapy. Thrombolytic therapy is administered within twelve hours of the beginning of the symptoms (McInnes, 2008, pp255). Prehospital thrombolysis is indicated when there time of call to arrival will probably be over thirty minutes (ACC/AHA, 2006, pp240-241). The aim of thrombolytic therapy is to restore circulation through a blood vessel that has been occluded by a pathological embolus or thrombus. There is however a risk for bleeding complications especially with aspirin administration (Antithrombotic Trialists (ATT) Collaboration, 2009, pp1851). The potential for haemorrhaging increases with age, thus careful consideration is important in Andrew’s case (he is 70years old). Andrew will also have aspirin administered to him. The aspirin can be chewed or dispersible.   Aspirin has antiplatelet activity which interferes with platelet cohesion and adhesion an effect which benefits all patients with coronary syndromes (Mozayani and Raymond, 2004, pp338-339). Clopidogrel can be combined with low dose aspirin in cases of myocardial infarction with ST-segment elevation (Reid et al, 2006, pp61).The patient should also be put on supplemental oxygen to ensure that the red blood cells are fully saturated to the maximum carrying capacity. This consideration is important because myocardial infarction impairs the function of the heart in circulation which could lead to decreased oxygen uptake. To determine what treatment is appropriate it is important to view MI as part of a wide spectrum of coronary syndromes (ACC/AHA, 2006, pp238). This spectrum includes ST elevated myocardial infarction; non ST elevated myocardial infarction and unstable angina. Those patients who persistently have an elevated ST are considered for reperfusion therapy (ACC/AHA, 2006. pp238-239). Andrew is one of these hence thrombolyis is a very significant factor in his treatment process. For those who there is no ST elevation, this indicates that there may be no myocardial injury. Thus such a patient may not require immediate thrombolysis but can receive anti-ischemic therapy. The initial focus of the ECG is to determine whether there is an ST elevation or not. Once identified, then thrombolysis should be started. Because the pain from MI is intense, it requires adequate and prompt analgesia. The agent of choice for pain management is morphine sulfate. The morphine sulfate will be given at five to fifteen minute intervals. Precaution should be taken administering morphine as it has the likelihood of making hypotension worse which Andrew has. Additionally it also has the side effect of nausea which can lead to an increase in nausea. Since morophine increases the incidence of nausea, it should be administered with an anti-emetic. When myocardial ischaemia is reduced, the patient’s pain is also reduced, thus nitrates, oxygen therapy and betablocker agents all serve to complement the effect of morphine. Nitroglycerin should also be administered as it helps to relax the smooth muscles of vessels causing their dilation. It can be administered intravenously or sublingually. These modes provide a rapid onset of action. Nitroglycerin has its serum concentrations increased by aspirin thus dose adjustment may be necessary when giving both nitroglycerin and aspirin. Specific prehospital care will thus include, obtaining intravenous access, providing supplemental oxygen and providing pulse oximetry to monitor oxygen saturation levels. Immediate administration of aspirin will then follow coupled with administration of nitroglycerin to reduce the chest pain. Additionally, telemetry and a prehospital ECG will be provided for monitoring of the patient’s cardiac activity. Blood will also be taken for renal function tests, electrolytes, clotting screen, cardiac enzymes, C reactive protein, glucose, lipids and full blood count. Precaution however needs to be taken in administering nitroglycerin as Andrew already has a low systolic blood pressure. The patient is in hypotension with a blood pressure of 90/60 mmHg. Questions to ask the wife and patient Some of the questions that Andrew or his wife may be asked relate to compliance with the treatment that has been prescribed for him. Other questions include any life style habits that he may have. There is a possibility for difficulty in compliance with treatment due to the long term nature of the medication such aspirin and the beta blockers. Andrew will thus be asked about his compliance to the medication to find out whether he has been taking the medication as prescribed. It is also important to find out what effects the medication have when the patient takes them; that is does he feel relieved, does he have symptoms of nausea, haemorrhaging and   unawareness of hypoglycaemia. These are important to identify as they are some of the side effects of the drugs that could have a negative impact on his adherence to treatment. It is important for Andrew to maintain his lipid levels at a low point so other questions will revolve around the patient’s lifestyle such as whether he has modified his diet to decrease the intake of foods high in cholesterol, whether he is taking the statins to reduce cholesterol levels and whether he smokes or not and whether he has been participating in exercise. References ACC/AHA, 1999, ACC/AHA Guidelines for the Management of Patients with Acute Myocardial Infarction, 1999, A report of the American College of Cardiology/American Heart Association Task Force on Practice Guidelines (Committee on Management of Acute Myocardial Infarction). J Am Coll Cardiol. 34: 1999; 890-911. American Family Physician, 2001, Use of ACE Inhibitors in Treating Acute MI, available at http://www.aafp.org/afp/20000501/tips/4.html ACC/AHA, 2006, ACC/AHA clinical performance measures for adults with ST-elevation and non-ST-elevation myocardial infarction: a report of the American College of Cardiology/American Heart Association Task Force on Performance Measures (Writing Committee to Develop Performance Measures on ST-Elevation and Non-ST-Elevation Myocardial Infarction). J Am Coll Cardiol. 47: 2006; 236-265 Antithrombotic Trialists (ATT) Collaboration, 2009, Aspirin in the primary and secondary prevention of vascular disease: collaborative meta-analysis of individual participant data from randomised trials, Lancet.  May 30  2009; 373(9678) pp1849-1860 McInnes G, 2008, Clinical Pharmacology and therapeutics of hypertension, Elsevier Health, ISBN-13: 978-0-444-51757-9 Mozayani A and Raymon LP, 2004, Handbook of drug interactions: a clinical and forensic guide, Humana Press Reid JL, Rubin PC and Walters RM, 2006, Lecture notes: clinical pharmacology and therapeutics, Wiley-Blackwell Roach SS and Ford SM, 2006, Introductory Clinical Pharmacology, Lippincott Williams and Wilkins Rubenstein D, Wayne D and Bradley, 2003, Lecture notes on clinical medicine, Wiley-Blackwell

Sterling Engines :: physics sterling engine

The Sterling heat engine was invented by Robert Stirling in 1816. He was a reverend in the Scotland who built heat engines in his home workshop. His Heat Economiser was patented in 1816. The engine incorporates ideas of reduced fuel consumption compared with the current steam engines. Further development to the engine happened when his younger brother suggested using pressurized gas as the working fluid. Additional patents in 1827 and 1840 were for improvement to the design. A closed cycle with external heating engine that has a power piston, a displacer to move the enclosed air between the hot and cold ends a regenerator in now called a Stirling Cycle Engine. Air in the engine is cyclically heated (by an alcohol burner) and expands to push the power piston (shown in blue) to the right. As the power piston moves to the right, the yellow linkage forces the loose-fitting, red "piston" (on the left half of the machine) to displace air to the cooler side of the engine. The air on the cool side loses heat to the outside world and contracts, pulling the blue piston to the left. The air is again displaced, sending it back to the hotter region of the engine, and the cycle repeats. Stirling Engines work on a temperature difference between the hot end and the cooling fins. Any source of heat could be used. Refrigerant on the cold end may be needed for long term use or if the barrier conducts too much heat. On a finely machined Stirling engine, the temperature difference can be as low a just a few degrees- the heat from your hand can be enough to power the flywheel. Stirling Engines are most commonly found in waste heat recovery systems. Power plants that generate hot water could be used to power several heat engines for no additional cost after setup. However, the power generated by these engines would be only a fraction of what the steam turbine is putting out. Set up costs are high enough that waste heat recovery systems are not too common. Interests in heat engines may increase because they minimize the cost per unit energy being produced. For large scale power production, Stirling Engines are too expense to make. Given current energy shortages and rising environmental concerns, heat engines may become more attractive. The most common application of Stirling Engines is water pumping. Even Robert Stirling modified his engine to pump water from a stone quarry.

Montessori’s Observations Essay

†¢ Children make a match with mom/parent. This is the reason that consistency is such a key issue in early childhood development. Children feel comfortable with routine because they know what to expect †¢ Children need order. As above, when the environment has inherent structure and order, children feel safe. Children need to feel safe to explore their environment. †¢ Children have an innate desire to learn. Our brains are hard-wired to learn. Children will learn spontaneously. Our role is to facilitate this as much as possible without interfering in the natural learning patterns of each individual child. †¢ Children have a drive for spontaneous activity. Any person who has been near a young child knows this is true. In a Montessori environment, children are free to move about the classroom within the guideline of being respectful to others. †¢ Children must be active to gain self-discipline. When a child chooses a work from a shelf, does the work to the best of their ability and returns the work to the place that they found it. This is a completed work cycle. Adults often marvel at the child’s ability to focus on a task with such deep concentration. This is because they chose the work. It called to something within the child. No adult, parent or teacher could ever coach this concentration. It is innate within the child. Through the choosing of works and full completion of tasks, the child becomes self-motivated, self-disciplined and self-directed. †¢ Children learn through imitation and trial and error. This was not a new concept even one hundred years ago. However, Montessori utilized the principle. In a Montessori environment, the teacher/guide shows the child how to do the work. She then invites the child to do the exercise. The child may repeat the exercise as many times as they like. The way in which the child does the exercise gives the guide clues abou t the child’s development. †¢ Children learn best in a multi-sensorial environment. There is a lot of discussion these days concerning what kind of learners we are: i.e. auditory, visual, or kinesthetic. Most of us learn in a variety of ways. Montessori set up a multi-sensorial environment where she utilized didactic materials to â€Å"educate the senses† that were originally designed to test the senses. Montessori children learn to not only look, but see, not only listen but hear. Since all learning comes to us from our senses, this multi-sensorial approach enables children to comprehend at a deeper level. †¢ Children learn best when they get to put their â€Å"hands on† the materials. Rather than have a child sit at a desk and be lectured, Montessori felt that children would learn best if they were able to touch and manipulate the materials. This of course combines with the other observations that she made about how children learn. †¢ Children learn best in multi-age group settin gs. â€Å"Gifted and Talented† classrooms are beginning to make use of this model. Montessori noticed that children imitate and learn more easily from older children. Montessori classroom are set up in three-year cycles so that a child will come into a classroom as the younger child and progress to being the older child. As the younger child, they will learn more quickly, trying to emulate and keep up with the older children. As the older child, they become strong leaders. They will learn how to assist the younger child. This not only boosts their self-esteem and self-worth, but also gives them an opportunity to repeat exercises that they have already done and in doing so, gain a deeper understanding. †¢ Children have â€Å"sensitive periods† for learning. Human brains are designed to learn specific things at specific ages. A three-year -old child can become trilingual (by absorbing the languages in their environment) without difficulty. They will be able to keep the languages separate. This is not possible for the adolescent, who must work hard to gain a second language. (Most language programs do not begin until junior high school.) Each Montessori classroom, Infant/Toddler, Primary, Elementary and Adolescent are prepared with developmentally appropriate works. Montessori’s observations concerning the â€Å"windows of opportunity† for the development specific areas of abilities in language, math, cultural, social, physical continue to be corroborated by brain research. Dr. Montessori recognized that children have specific needs, the need to experience order, independence, movement, language, discipline, love and security. With true cooperation of school and home and a clear understanding of how to meet the child’ s needs, a healthy child will emerge.

Taxation Law Essay

1. The assessability or otherwise to Jino and Anna of the annual bonuses paid by Darling Bank to them. Consideration of the proximity of services or employment relationship, the importance of the donor’s motive and the status of gratuitous payments are relevant in determining whether the bonuses received are assessable income. We can determine that the bonuses satisfactorily fulfil the requirement that for the bonuses to be assessable they must â€Å"come in†. (tenant v smith) Natural incidents of employment will be income, because they arise from a service relationship and because they are an expected incident of the occupations. Kelly v DCT) Ultimately, it is the character of the payment in the hands of the recipient that is determinative (Scott) of income. The bonuses received by Jino and Anna were not mere gifts. The amount in Scott v FCT was a gift; it was gratuitous, not made in discharge of an obligation and not taken by the recipient as discharging an obligation and not income by ordinary concepts. The payments in Scott v FCT and Moore v Griffiths were ‘one-off’. The payments were in addition to entitlements under service agreements; the donor’s motive was to make a personal tribute and the payment was unexpected.While income generally exhibits recurrence, regularity and periodicity, it would be wrong to conclude they were necessary elements and that a ‘one-off’ payment in the nature of a ‘gift’ cannot be income. (demonstrated by Squatting Investment Co) In Moore v Griffiths, the bonus received was a testimonial or personal gift rather than a reward for services rendered by the taxpayer in the course of his employment. The payment had no foreseeable element of recurrence, and there was no knowledge or expectation on the taxpayer’s part that the payment would be made as a reward for rendering his services.A bonus payment is ordinary income for the purposes of subsection 6-5(2) of the ITAA 1997, which provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources, whether in or out of Australia, during the income year. The initial presumption, prima facie, a payment from taxpayer to recipient is not income (Hayes v FCT) may be displaced if in substance and reality the payment was a product of services.Ordinary income is typically regarded as including salary and wages and fees connected with employment or provision of services; the critical element being the connection with an earning activity. Amounts derived from employment or the provision of services are income. In FCT v Dixon, the amount taxpayer received was assessable because the receipts were of an income character, and the amount was an expected periodical payment arising out of circumstances, and also because it formed part of the receipts upon which he depended for regular expenditure.Similarly, the bonuses Jino and Anna received fulfille d 3 critical elements in FCT v Dixon; the payment was periodical, incidental to employment and relied upon for regular expenditure. In FCT v Harris, payments were unrelated to the length or quality of service, and were periodic yet unpredictable. Hence, they were unassessable as the critical elements in Dixon’s case were absent in Harris. In FCT v Kelly, the prize money the footballer received was held to be payments as income. Kelly was aware that the prize would be offered,S15-2 sets out that allowances and other things provided in respect of employment or services can be included in your assessable income. S15-2(1) states that â€Å"assessable income includes the value to you of all allowances, gratuities, compensation, benefits, bonuses and premiums provided†¦ in respect of†¦ any employment of or services rendered†. Hence, if the bonuses are consequently not considered ordinary income, it will still be regarded assessable under s15-2 as the amount that is assessable as ordinary income under s6-5 is not included in assessable income under s15-2(3).The key issue to consider is the ‘connection with earning activity’. It was for ‘work throughout the year’. The $100,000 bonuses can therefore be included in assessable income under s. 15-2 as a reward for personal exertion, even though the bonuses were unexpected and not relied upon by Jino and Anna (Moore). The bonuses were recurring, incidental to employment, of an ordinary kind. (Scott) There is direct nexus with employment; FCT v Cooke & Sherden is irrelevant because the holidays received did not represent income.There was no entitlement to alternative compensation if the holidays were not taken, and it was also not convertible into money. 2. Whether Jino and Anna are entitled to deductions for interest paid on the amount they redraw from their loan on the Darling Point property to partly finance their investment in the King Street property. ITAA97 S8. 1 (1) p rovides that you can deduct from your assessable income any loss or outgoing to the extent that â€Å"it is incurred in gaining or producing your assessable income†.Hence, Jino and Anna will be entitled to deductions for interest paid on the amount they redraw from their loan â€Å"to the extent† they are using it to finance their investment in the King Street property. Interest is characterised by the use of the funds; the fact that the original loan was for the Darling Point property is irrelevant. Consideration must be given to the redraw facility, that any fund used from the redraw is used to produce assessable income or for the business, and the interest on the portion of the fund will be deductible to that extent.In FCT v Munro, the deduction for interests were not permitted under s. 8-1 ITAA97. It was held that the â€Å"deductibility of interest depends on the purpose for which the principal is borrowed, a deduction in interest is not permitted when the borrow ed money is used for a purpose whereby no income is produced, even if the money is borrowed on the security of rent producing property†. The commissioner disallowed the taxpayer’s claim for deductions, on the basis that the borrowed moneys had not been applied exclusively to produce assessable income.The borrowed money had been applied for the benefit of the sons and hence interest was not incurred in gaining assessable income. Conversely, the purpose for which the principal amount of $400,000 Jino and Anna borrowed was for an investment in property that would produce rent. The fact that the Darling Point property was used as security for the loan as it was withdrawn from the ‘repayment redraw’ facility for residential property is irrelevant. Hence, Jino and Anna should be entitled to deductions for the 6% interest paid on the $100,000 withdrawal from the redraw facility.Steele v FCT considers whether there is sufficient nexus of residence with income produ ction; interest incurred before assessable income is derived is deductible if there is. It was established that the meaning of ‘assessable income’ in the first limb of s51(1) is summarised in Fletcher & Ors v FCT (1991) 173 CLR. Assessable income is to be â€Å"construed as an abstract phrase which refers not only to assessable income derived in that or in some other tax year but also to assessable income which the relevant outgoing ‘would be expected to produce’†¦Ã¢â‚¬ .The 6% interest withdrawn from their loan is incurred before assessable income is derived hence is deductible. 3. Appropriate tax treatment of the lump sum payout to Thomas from both Jino and Anna’s perspective and from Thomas’s perspective From Jino and Anna’s Perspective TR 2005/6 1. This Ruling explains the circumstances where it is considered that: (a) a lease surrender receipt is assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997); and (b) a lease surrender payment is deductible under section 8-1 of the ITAA 1997. . This Ruling also addresses the application of the provisions of the ITAA 1997 covering capital gains and capital losses (CGT). The first issue to consider is first considering the general deduction provision s8-1. Although the lump sum payout passes the 1st positive limb, based on Sun Newspaper Ltd v FCT, we can establish that the payout is not of revenue but of a capital nature. There are 3 matters to consider in determining whether the payout is on revenue or capital account. Footnote: pg 446 of casebook) Parallel to the features of transactions of the expenditure in Sun Newspaper, [1] (a) the payout was of a large sum intended to remove competition for Tony, (b) the payout was recurrent in the sense that the risk of a competitor arising must always be theoretically present, (c) the chief object of the †¦Ã¢â‚¬ ¦ Considering the general deduction provision s8-1, if the payout was reve nue, it would be deductible. However, the capital nature of the payout fails the negative non-capital requirement under s8-1.As Jino and Anna are not â€Å"carrying on a business of gaining or producing assessable income† (s8-1(b)) in leasing out the shop, it is still a capital gains tax and we must consider further provisions for specific deductions for capital expenditure. Jino and Anna were not obliged to lease the shop to receive rent because Thomas was already willing and happy to pay fixed rental of $3,500 per month for 5 years. Therefore, the $5000 is not deductible because it is not a loss, but rather a result of voluntary action. If it were a loss incurred, then the amount would be deductible.Second, for the lump sum payment to be deductible, the expense has to be related to producing assessable income. Herald and Weekly Times Ltd v FCT derives the notion ‘incurred’, as â€Å"the expenditure (legal fees) incurred by the taxpayer was wholly and exclusive ly expended in gaining or producing its assessable income and was therefore deductible under s23(1)(a). † Since the $5000 payment was to terminate Thomas’s lease and provide an opportunity for Jino and Anna to obtain $500 more in monthly rent, it can be seen as being incurred to gain assessable income from the new lessee Tony.Consequently, the expense of $5,000 is deducted by straight line method over five years. Thomas’s Perspective The amount paid to Thomas can either be capital in nature where â€Å"the lease formed part of the profit-yielding-structure of the lessee’s business† or it could be income which â€Å"arises in the course of business activity†. If the compensation payment lead to the cancellation of business leaving the profit-making structure permanently impaired, then it constitutes as a capital gain. Considering Heavy Minerals (1966) Californian Oil ProductsIn Van den Bergs Ltd v Clark (1935), the House of Lords held that â⠂¬Å"the sum received by the taxpayer†¦ on the termination of the arbitration and in consideration of the taxpayer’s consent to termination†¦ was a capital receipt and shouldn’t be taken into account in computing the taxpayer’s liability to tax. † 4. Appropriate tax treatment of the waiver of Tony’s first month’s rental from both Jino and Anna’s perspective and from Tony’s perspective Jino and Anna’s perspective No money involved – agreement Not meant to pay each other money. Tony didn’t pay out any rent and anna didn’t receive.No money exchanged therefore first month no assessable income as no exchange. For tony didn’t pay out any rent therefore no deduction Tony’s perspective Orica Reduction in expenditure can not be income according to ordinary concepts assessable under s25(1). There was no profit or gain made as a result of the taxpayer entering into arrangements which was à ¢â‚¬Ëœa singular transaction, not part of the regular means whereby the taxpayer obtained returns’. Lees & Leech Even if it was assumed the payment received by taxpayer constituted a profit or gain, the payment was not received by it in the ordinary course of carrying on its business.TR 93/6 1. This Ruling is concerned with those arrangements which are used to reduce the interest payable on a customer's loan account. These are commonly referred to as ‘interest offset arrangements' but are called ‘loan account offset arrangements' in this Ruling. These products are generally structured so that no interest is derived by the customer and therefore the customer is not liable to pay income tax in respect of the benefit arising from the account. This Ruling: †¢ outlines the manner in which acceptable loan account offset arrangements usually operate; and †¢ xplains the limits on acceptable arrangements. 5. The appropriate tax treatment of the early repayment pe nalty from both Jino and Anna’s perspective and from Tony’s perspective TR 93/7 A penalty interest payment is generally deductible under subsection 51(1) if: (a) the loan moneys were borrowed for the purpose of gaining or producing assessable income or for use in a business carried on for that purpose; and (b) the payment is made in order to rid the taxpayer of a recurring obligation to pay interest on the loan, where such interest would itself have been deductible if incurred.Where the repayment of loan moneys borrowed for the purpose of producing assessable income is secured by mortgage, penalty interest payable on an early repayment which effects a discharge of the mortgage will generally be deductible under section 67A. 5. Penalty interest is not expenditure incurred in borrowing money so as to be deductible under section 67. 6. Where penalty interest is paid upon repayment of a loan incidental to the disposal of an asset, the payment is not taken into account unde r Part IIIA of the ITAA in calculating the amount of any capital gain or capital loss arising on the disposal.Subsection 51(1) provides that: â€Å"all losses and outgoings to the extent to which they are incurred in gaining or producing the assessable income, or are necessarily incurred in carrying on a business for the purpose of gaining or producing such income, shall be allowable deductions except to the extent to which they are losses or outgoings of capital, or are of a capital, private or domestic nature, or are incurred in relation to the gaining or production of exempt income. 9. Generally speaking, provided loan moneys were borrowed for the purpose of gaining or producing assessable income or for use in a business carried on for that purpose, penalty interest payable on early repayment of the loan will, unless it is of a capital nature, qualify for deductibility under subsection 51(1). This will commonly involve borrowings used to acquire an income-producing asset or to p rovide working capital to operate a business. 10.In the case of such borrowings, the central issue is whether penalty interest payments are â€Å"losses or outgoings of capital, or of a capital†¦ nature†. If so, then they will not be deductible under subsection 51(1), but may be deductible under sections 67 or 67A. 11. We do not consider that so-called penalty interest is, in fact, in the nature of interest. This is so even if the loan agreement uses the term â€Å"penalty interest†. The description of an item used in any relevant agreement is not conclusive of its character (refer FC of T v. Sth. Aust.Battery Makers Pty. Ltd. (1978) 140 CLR 645 at 655; 78 ATC 4412 at 4417; 8 ATR 879 at 884 per Gibbs ACJ and Cliffs International Inc. v. FC of T (1979) 142 CLR 140 at 148; 79 ATC 4059 at 4064; 9 ATR 507 at 512 per Barwick CJ). To call a payment â€Å"interest† does not conclusively determine that it in fact answers that description. Nor does it prevent the pa yment from being an outgoing of a capital nature. 12. Interest is considered to be â€Å"compensation to the lender for being kept out of the use and enjoyment of the principal sum†: see FC of T v.The Myer Emporium Ltd. (1987) 163 CLR 199 at 218; 87 ATC 4363 at 4371; 18 ATR 693 at 702). Penalty interest is not paid for the use of the lender's money. It is paid in respect of a period when the borrower has repaid the loan and does not have the use of the money (refer R. W. Parsons, Income Taxation in Australia at para. 6. 330) 13. The critical factor in determining the essential character of an outgoing is the character of the advantage sought by the making of the expenditure ( Sun Newspapers Ltd. v. FC of T (1938) 61 CLR 337 at 363 per Dixon J).Whether an outgoing is capital or revenue in nature â€Å"depends on what the expenditure is calculated to effect from a practical and business point of view† ( Hallstroms Pty. Ltd. v. FC of T (1946) 72 CLR 634 at 648 per Dixon J ). 14. As a penalty interest payment is a cost directly attributable to obtaining early repayment of a loan, the question to be answered is effectively: â€Å"what, from a practical and business point of view, is the advantage sought from an early repayment of the loan? † This is a question of fact to be answered on a case by case basis. 5. Where the advantage sought is the release from the contractual obligation to incur a recurrent liability to pay interest on the loan, and such interest would itself have been deductible, then the penalty interest payment is on revenue account ( FC of T v. Marbray Nominees Pty. Ltd. 85 ATC 4750; (1987) 17 ATR 93, Metals Exploration Ltd. v. FC of T 86 ATC 4505; (1987) 17 ATR 786). Such a payment does display certain capital indicia in terms of the tests enunciated by Dixon J. in the Sun Newspapers case (supra); i. e. t is a once-and-for-all type lump sum which eliminates a threatened disadvantage and thus produces a benefit of a lasting char acter for the taxpayer. Nevertheless, where the initiating cause for early repayment of the loan is a saving in future interest outlays, the payment is essentially revenue in character. 16. On the other hand, where the penalty interest payment is paid effectively as a price to rid the taxpayer of a burdensome capital asset or is otherwise incidental to the realisation of an asset, then it will generally be on capital account. 17.Where repayment of a loan is secured by mortgage, penalty interest payable on early repayment may be deductible under section 67A. Section 67A provides a deduction for expenditure (excluding principal or interest payments) incurred in connection with the discharge of a mortgage securing repayment of moneys borrowed for the purpose of producing assessable income. Unlike subsection 51(1), deductibility is not affected by whether the expenditure is capital or revenue in nature. As previously discussed, so-called penalty interest is not, in fact, in the nature o f interest, and is therefore not excluded on his basis from deductibility under section 67A. 18. Borrowing expenses which are on capital account and for that reason not deductible under subsection 51(1) may qualify for deduction under section 67. However, penalty interest is not â€Å"expenditure incurred†¦ in borrowing money† for section 67 purposes. These words, in the context of section 67(1), refer to a â€Å"cost† of borrowing; i. e. expenditure incurred in relation to the actual establishment of the relevant loan. The liability to pay penalty interest is first incurred after the money is borrowed, and is therefore not incurred in borrowing the money.The payment is not made pursuant to a contractual obligation which was incurred at the time of borrowing as an incident of establishing the loan (refer Ure v. FC of T 81 ATC 4100; (1981) 11 ATR 484). 19. Where penalty interest is paid upon repayment of a loan incidental to the disposal of an asset, the payment is not taken into account for Part IIIA purposes in calculating the amount of any capital gain or capital loss arising on the disposal. The payment would not be included in the cost base of the asset under section 160ZH.In particular, it is not within the categories of â€Å"incidental costs† of acquisition or disposal in subsections 160ZH(5) or 160ZH(7), and, as it is not in the nature of â€Å"interest† (see paragraphs 11 and 12 above), is not a â€Å"non-capital cost† under subsection 160ZH(6A). 22. Anne obtains a loan from a financial institution to purchase a rental property. Within the term of the loan Anne decides to sell the property. This requires her to repay the loan in order to discharge a mortgage over the property which secures the loan. In paying out the loan early Anne incurs a penalty interest payment. 3. The repayment of the loan, and the associated incurrence of the penalty payment, is a necessary incident of the sale of the property. A payment so connected to the realisation of a capital asset will be on capital account. The payment is therefore not deductible under subsection 51(1). The payment will, however, qualify for deductibility under section 67A as expenditure incurred in discharging a mortgage. 6. The CGT effects for Jino and Anna of the sales of the Darling Point apartment and of the King Street Property ———————–

Timeline of U.S. and Soviet Relations

Timeline of U.S. and Soviet Relations Through most the final half of the  20th century, two superpowers, the United States and the Soviet Union, were embroiled in a struggle- capitalism versus communism- and a race for global domination. Since the fall of communism in 1991, Russia has loosely adopted democratic and capitalist structures. Despite these changes, remnants of the countries frosty history remain and continues to stifle U.S. and Russian relations. Year Event Description 1922 USSR Born The Union of Soviet Socialist Republics (USSR) is established. Russia is by far the largest member. 1933 Formal Relations The United States formally recognizes the USSR, and the countries establish diplomatic relations. 1941 Lend-Lease U.S. President Franklin Roosevelt gives the USSR and other countries millions of dollars worth of weapons and other support for their fight against Nazi Germany. 1945 Victory The United States and Soviet Union end World War II as allies. As co-founders of the United Nations, both countries (along with France, China, and the United Kingdom) become permanent members of United Nations Security Council with full veto authority over the council's action. 1947 Cold War Begins The struggle between the United States and the Soviet Union for domination in certain sectors and parts of the world is dubbed the Cold War. It will last until 1991. Former British Prime Minister Winston Churchill calls the division of Europe between the West and those parts dominated by the Soviet Union an "Iron Curtain." American expert George Kennan advises the United States to follow a policy of "containment" toward the Soviet Union. 1957 Space Race The Soviets launch Sputnik, the first manmade object to orbit the Earth. Americans, who had confidently felt they were ahead of the Soviets in technology and science, redouble their efforts in science, engineering, and the overall space race. 1960 Spy Charges The Soviets shoot down an American spy plane gathering information over Russian territory. The pilot, Francis Gary Powers, was captured alive. He spent nearly two years in a Soviet prison before being exchanged for a Soviet intelligence officer captured in New York. 1960 Shoe Fits Soviet leader Nikita Khrushchev uses his shoe to bang on his desk at the United Nations while the American delegate is speaking. 1962 Missile Crisis The stationing of U.S. nuclear missiles in Turkey and Soviet nuclear missiles in Cuba leads to the most dramatic and potentially world-shattering confrontation of the Cold War. In the end, both sets of missiles were removed. 1970s Detente A series of summits and discussions, including the Strategic Arms Limitation Talks, between the United States and the Soviet Union led to a thawing of tensions, a "detente." 1975 Space Cooperation American and Soviet astronauts link the Apollo and Soyuz while in earth's orbit. 1980 Miracle on Ice At the Winter Olympics, the American men's hockey team scored a very surprising victory against the Soviet team. The U.S. team went on the win the gold medal. 1980 Olympic Politics The United States and 60 other countries boycott the Summer Olympics (held in Moscow) to protest the Soviet invasion of Afghanistan. 1982 War of Words U.S. President Ronald Reagan begins to refer to the Soviet Union as an "evil empire". 1984 More Olympic Politics The Soviet Union and a handful of countries boycott the Summer Olympics in Los Angeles. 1986 Disaster A nuclear power plant in the Soviet Union (Chernobyl, Ukraine) explodes spreading contamination over a huge area. 1986 Near Breakthrough At a summit in Reykjavik, Iceland, U.S. President Ronald Reagan and Soviet Premier Mikhail Gorbachev came close to agreeing to eliminate all nuclear weapons and share the so-called Star Wars defense technologies. Although the negotiations broke down, it set the stage for future arms control agreements. 1991 Coup A group of hard-liners stages a coup against Soviet Premier Mikhail Gorbachev. They take power for less than three days 1991 USSR's End In the final days of December, the Soviet Union dissolved itself and was replaced by 15 different independent states, including Russia. Russia honors all treaties signed by the former Soviet Union and assumes the United Nations Security Council seat formerly held by the Soviets. 1992 Loose Nukes The Nunn-Lugar Cooperative Threat Reduction program launches to help former Soviet states secure vulnerable nuclear material, referred to as "loose nukes." 1994 More Space Cooperation The first of 11 U.S. space shuttle missions docks with the Soviet MIR space station. 2000 Space Cooperation Continues Russians and Americans occupy the jointly built International Space Station for the first time. 2002 Treaty U.S. President George Bush unilaterally withdraws from the Anti-Ballistic Missile Treaty signed by the two countries in 1972. 2003 Iraq War Dispute Russia strongly opposes the American-led invasion of Iraq. 2007 Kosovo Confusion Russia says it will veto an American-backed plan to grant independence to Kosovo. 2007 Poland Controversy An American plan to build an anti-ballistic missile defense system in Poland draws strong Russian protests. 2008 Transfer of Power? In elections unmonitored by international observers, Dmitry Medvedev is elected president replacing Vladimir Putin. Putin is widely expected to become Russia's prime minister. 2008 Conflict in South Ossetia A violent military conflict between Russia and Georgia highlights a growing rift in U.S.-Russian relations. 2010 New START Agreement President Barack Obama and President Dmitry Medvedev sign a new Strategic Arms Reduction Treaty to cut the number of long-range nuclear weapons held by each side. 2012 Battle of Wills U.S. President Barack Obama signed the Magnitsky Act, which imposed U.S. travel and financial restrictions on human rights abusers in Russia. Russian President Vladimir Putin signed a bill, widely seen as retaliatory against the Magnitsky Act, that banned any United States citizen from adopting children from Russia. 2013 Russian Rearmament Russian President Vladimir Putin rearms the Tagil Rocket divisions with advanced RS-24 Yars intercontinental ballistic missiles in Kozelsk, Novosibirsk. 2013 Edward Snowden Asylum Edward Snowden, a former CIA employee and a contractor for the United States government, copied and released hundreds of thousands of pages of secret U.S. government documents. Wanted on criminal charges by the U.S., he fled and was granted asylum in Russia. 2014 Russian Missile Testing The U.S. government formally accused Russia of having violated the 1987 Intermediate-Range Nuclear Forces Treaty by testing a prohibited medium-range ground-launched cruise missile and threatened to retaliate accordingly. 2014 U.S. Imposes Sanctions on Russia After the collapse of the Ukraine government. Russia annexes the Crimea. The U.S. government imposed punitive sanctions for Russia's activity in Ukraine. The U.S. passed the Ukraine Freedom Support Act, aimed at depriving certain Russian state firms of Western financing and technology while also providing $350 million in arms and military equipment to Ukraine. 2016 Disagreement Over the Syrian Civil War Bilateral negotiations over Syria were unilaterally suspended by the U.S in October 2016, after a renewed offensive on Aleppo by Syrian and Russian troops. On the same day, Russian President Vladimir Putin signed a decree that suspended the 2000 Plutonium Management and Disposition Agreement with the U.S., citing the failure by the U.S. to comply with the provisions thereof as well as the U.S.' unfriendly actions that posed a "threat to strategic stability." 2016 Accusation of Russian Meddling in American Presidential Election In 2016, American intelligence and security officials accuse the Russian government of being behind massive cyber-hackings and leaks that aimed at influencing the 2016 U.S. presidential election and discrediting the U.S. political system. Russian President Vladimir Putin denied favoring the eventual winner of the political contest, Donald Trump. Former Secretary of State Hillary Clinton suggested that Putin and the Russian government meddled in the American election process, which led to her loss to Trump.

Free Essays on Restoration Review “The Last Supper“

Restoration Drama In my opinion the restoration of the â€Å"Last Supper† by Leonardo De Vinci was necessary to salvage at least part of Leonardo’s original work. I have always appreciated the character that years of patina add to furniture and probably would have appreciated the same in the â€Å"Last Supper†. If I were to have seen it prior to it’s restoration and was unaware of all the previous attempts I would have felt they should have left it alone and would have thought the restoration was too much. Keeping in mind that Barcilon did uncover some of Leonardo’s original work was worth the restoration. I do however believe that the retouching should have been done in the same mediums as the original works and a protective coating adhered for future preservation.... Free Essays on Restoration Review â€Å"The Last Supperâ€Å" Free Essays on Restoration Review â€Å"The Last Supperâ€Å" Restoration Drama In my opinion the restoration of the â€Å"Last Supper† by Leonardo De Vinci was necessary to salvage at least part of Leonardo’s original work. I have always appreciated the character that years of patina add to furniture and probably would have appreciated the same in the â€Å"Last Supper†. If I were to have seen it prior to it’s restoration and was unaware of all the previous attempts I would have felt they should have left it alone and would have thought the restoration was too much. Keeping in mind that Barcilon did uncover some of Leonardo’s original work was worth the restoration. I do however believe that the retouching should have been done in the same mediums as the original works and a protective coating adhered for future preservation....