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" ... Settlement tax wording is always helpful, but it does not bind the IRS. The settlement agreement between NCA and Commonfund was quite clear, stating that NCA received all $23 million in exchange for its interests in the joint ventures. The Tax Court relied heavily on the express allocation in the settlement agreement, and was inclined to agree with the taxpayer that these were sale proceeds and capital gain. However, the IRS had plenty of other arguments why the settlement was ordinary income. For example, the IRS claimed that the settlement did not comport with economic reality, noting that the stream of payments NCA would have collected if the deals had survived would all have been ordinary. The IRS also took aim at the punitive damages award at trial, since punitive damages are always ordinary income. ... "
" ... The criteria used by FIRE comport with those used in American courtrooms. Does the school notify students allegedly guilty of an offense promptly in writing of the charge? Are students allowed to have a representative, including an attorney, present and able to ask questions, interrogate witnesses and introduce their own evidence? Is there a presumption that the student is innocent until proven guilty?Is the role of prosecuting the case against the student completely separated from the role of deciding whether a student was guilty of misconduct? Where a student faces possible expulsion from school, must their be “clear and convincing evidence” (as opposed to a lower standard of proof such as “a preponderance of evidence”) used in order to expel the student? ... "
" ... This is an issue because the proxy advisory firm can have an agenda that does not comport with the investment management firm—or its investors, who typically want to have the greatest return possible. Instead, proxy advisory firms tend to favor proxy votes that align with their largest public pension fund clients, who often support efforts to make firms consider environmental, social, and governance issues that can be orthogonal to the interests of investors seeking the highest return. ... "
" ... This narrative is emotionally appealing, but does not comport with the economic facts of how the airline industry is directly linked to the overall economy. Here are five arguments used against giving aid to airlines and why these arguments should not drive the policy decision: ... "
" ... U.S. textiles are already more expensive than China’s, India’s, Korea’s or other non-TPP countries’ textiles that Vietnamese apparel producers might otherwise purchase. Conditioning duty-free access on the use of U.S. textiles would essentially eliminate the competition, enabling U.S. textile exporters to raise prices further. It would also limit the apparel offerings of Vietnamese producers, who – in the absence of alternative suppliers – would have less leverage to demand and expect the types and colors of fabrics, according to their production schedules, that best comport with the design of the final product. Or, alternatively, the Vietnamese could just forego the duty-free access, purchase textile inputs from China, and pay the higher duty. ... "