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25. Lords Hansard text for 20 Feb 2001 (210220-17)
- www.publications.parliament.uk
- "(4A) In making an assessment under this section, the local education authority shall take account of the ascertainable wishes of the child. ...
- Of course local education authorities and responsible teachers will take account of the ascertainable wishes of the child, but what goes into the Bill is important. ...
- It is right that the wishes of the child should be taken into account if they are ascertainable--an important condition. ...
- On some occasions, they are not ascertainable, but if they are, the wishes of the person about whom we are taking a decision should be considered. ...
- If the wishes of the child are ascertainable in those circumstances, they should certainly be taken into account. ...
- I re-emphasise the key points already mentioned--that the wishes of the child should be ascertainable and that they should simply be taken into account. ...
26. Litigation Professional Information Center: Tenth Circuit Affirms Compensatory Liability, But Throws Out Smoker's Punitive Award
- litigationcenter.bna.com
- The appropriate limitations period for personal injury actions is two years from the time that the injury becomes "reasonably ascertainable" to the injured party. Determining when an injury is "reasonably ascertainable" requires the application of an objective standard to determine when a plaintiff obtains knowledge of an injury.
- In this case, the jury was asked first to determine the applicable scope of the term "addiction," and then when this "addiction" was "reasonably ascertainable. " On appeal, Reynolds asserted that Burton's addiction claims were reasonably ascertainable before May 25, 1992, two years before he filed his claim.
- But the Tenth Circuit said there was sufficient evidence for the jury to determine that Burton's addiction-based injuries were not reasonably ascertainable before May 25, 1992. ... "Based on this evidence, the jury certainly could have determined that Burton's addiction injury was not reasonably ascertainable because he had never attempted to quit smoking and thus lacked cravings to smoke against his will or other indicia of addiction that would have put him on notice to investigate a potential injury," the opinion said.
- This testimony, as well as evidence of Reynolds' long-standing practice of obfuscating the addictive nature of cigarettes, provided a relevant contrast for a jury to consider when deciding whether Burton's 'addiction' was reasonably ascertainable merely because of the publication of a government report," the court said.
27. ascertainable (HyperDic hyper-dictionary)
- www.hyperdic.net
- > ascertainable.
- Shopping See all the ASCERTAINABLE products at Amazon! Earth's largest selection of books, dvd, magazines, photo, computer hardware, software, and more. ...
- ascertainable > adjectiveMeaningCapable of being ascertained or found out.
- Examples"ascertainable facts".
28. Employee Stock Options - Copyright Tax & Business Professionals, Inc.
- www.tax-business.com
- § 83(e)(3) and the Regulations, the grant of a stock option can never be a taxable event (even if the other requirements of § 83(a) would be applicable) unless the option has a “readily ascertainable fair market value. ” If the option does have a readily ascertainable fair market value, then, as the Regulations state, “the person who performed such services realizes compensation upon such grant at the time and in the amount determined under section 83(a). ...
- On the other hand, if the option has no readily ascertainable fair market value, the grant of the option is not a taxable event, and the determination of the tax consequences is postponed at least until the option is exercised or otherwise disposed of, even if “the fair market value of such option may have become readily ascertainable before such time. ...
- Obviously, the critical factor in applying § 83 to stock options is the concept of “readily ascertainable fair market value. ... Whether an option has a readily ascertainable fair market value is determined under Regs. ... In basic terms, unless the option itself (as distinguished from the stock) is traded on an established market, an option will not usually be treated as having a readily ascertainable fair market value. ... 83-7(b)(2), that certain options not traded on an exchange might be treated as having a readily ascertainable fair market value, but that rule would not likely be applicable except in relatively unusual circumstances.
29. Seattle Washington Estate Planning, Probate and Living Trusts Attorneys Stanley R. Byrd, Inc., P.S.
- www.stanbyrd.com
- No Ascertainable Standard.
- Because the distributions are not based upon what is termed an "ascertainable standard," the power will be treated as a "General Power of Appointment" which causes the trust to be taxed in the child's estate as if he or she owned it. ...
- A simple way of avoiding this dilemma is to limit the child-Trustee's discretion in the trust agreement by an ascertainable standard. Traditional ascertainable standards include distributions of income and principal for a beneficiary's health, education, maintenance and support ("HEMS"). ...
- Regardless of whether the trust document contains an ascertainable standard, estate inclusion also can occur when a Trustee has the ability to use trust assets to discharge his or her own legal obligations. ...
- To prevent gift tax treatment, the law has provided an exception for those transfers subject to an ascertainable standard as discussed above.
30. 65 Wn. App. 319, 828 P.2d 73, MACHEN, INC. v. AIRCRAFT DESIGN, INC.
- mrsc-web.mrsc.org
- (a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and .
- 3 In support of their summary judgment motion, Aircraft Design and Conrad submitted evidence to support the following contentions: (a) no trade secrets existed because Conrad independently conceived the information before his employment at Machen; (b) the information was generally known, readily ascertainable, and had no independent economic value; and (c) reasonable efforts had not been taken to maintain the secrecy of the information. ...
- This information was generally known or readily ascertainable by Piper Aerostar pilots, mechanics, and airplane parts manufacturers. ...
- Using the Beechcraft Duke brake as the subject for modification was also information readily ascertainable. ... To be a trade secret, information must not be readily ascertainable by proper means from another source, including the product itself. ...
- Machen failed to present evidence which would establish that the information derived "independent economic value, actual or potential", even if the information were not generally known or readily ascertainable. ...
- As to the marketing strategy and use of Cleveland Brake's technical expertise, the evidence established that such information was readily ascertainable, if not generally known in the industry. This brings us to Machen's final contention that even if portions of the information were generally known or readily ascertainable, the "whole concept" is protectable as a trade secret. ...
31. Tax Planning for Stock Options
- www.fwlaw.com
- While incentive stock options are normally taxed only upon the occurrence of the third event, nonstatutory stock options will be first taxed either upon the first, second or fourth event, depending upon whether the option has a "readily ascertainable fair market value" at the time of grant and whether the underlying stock will be subject to a substantial risk of forfeiture when issued. If the option does have a "readily ascertainable fair market value" at the time of grant, the employee will be taxed on the difference between the option's exercise price and the fair market value of the underlying stock as of the date of the option is granted, multiplied by the number of optioned shares. If the option does not have a readily ascertainable fair market value as of its grant date, the employee will not be taxed on the date of the grant subject to the possible application of the doctrine of constructive receipt as discussed below. ...
- When a nonstatutory stock option does not have a readily ascertainable fair market value as of its grant date it is taxed at the time of the option's exercise in an amount equal to the Bargain Element, i. ...
- Obviously, the key question which arises in connection with nonstatutory stock options is whether a particular option will be seen to have a readily ascertainable fair market value at the time it is granted. ... Options granted by closely-held corporations normally will not be treated as having a readily ascertainable fair market value unless: (i) the option is transferable by the optionee; (ii) the option is exercisable immediately in full by the optionee; (iii) the option or the optioned stock, is not subject to restrictions that have a significant effect upon the value of such optioned stock; and (iv) the fair market value of the "option privilege" is ascertainable. ...
- The fair market value of the shares is not readily ascertainable as of the date the option is granted. ...
- Since it is usually impossible to compute this value with any degree of accuracy, non-traded options will seldom, if ever, be seen as having a readily ascertainable fair market value. ...
32. US Attorneys' Bulletin: The Economic Espionage Act of 1996
- www.usdoj.gov
- (B) the information derives independent economic value, actual or potential, from not being generally known to, or not being readily ascertainable through proper means by, the public.
- Moreover, while the civil definition requires that the trade secret is not known by business people or competitors, the EEA's definition requires only that the information not be known or ascertainable by the general public. ...
- In addition, the information cannot be readily ascertainable through observation or reverse engineering. ...
- However, refinements and enhancements of the technology set out in a patent may qualify as trade secrets if they are not reasonably ascertainable from the published patent. ... The EEA's definition of a trade secret is not unconstitutionally vague, although a district court has expressed concerns about determining what is "generally known" and "reasonably ascertainable. ...
- what is 'generally known' and 'reasonably ascertainable' about ideas, concepts, and technology is constantly evolving in the modern age. With the proliferation of the media of communication on technological subjects, and (still) in so many languages, what is 'generally known' or 'reasonably ascertainable' to the public at any given time is necessarily never sure.
- The district court questioned whether information on the Internet or discussed at scientific conferences is readily ascertainable or generally known. ...
33. The Limitation (Amendment) (Northern Ireland) Order 1987
- www.legislation.hmso.gov.uk
- (9) For the purposes of this section a person's knowledge includes knowledge which he might reasonably have been expected to acquire(a) from facts observable or ascertainable by him; or.
- (b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek; but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice. ...
- (6) For the purposes of this Article a person's knowledge includes knowledge which he might reasonably have been expected to acquire (a) from facts observable or ascertainable by him; or.
- (b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek; but a person shall not be taken by virtue of this paragraph to have knowledge of a fact ascertainable by him only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.
34. Health Legislation Amendment Bill (No.1) 2003 (Bills Digests 138, 2002-03)
- www.aph.gov.au
- In a recent Federal Court decision (Rowell v Health Insurance Commission 2002 FCA 693), the court held that the Commonwealth could not recover such payments under the HOSC Act if the compensation was not 'fixed or ascertainable' at the time of a judgment or settlement. ...
- The amendments are based on the premise that the HOSC Act will apply to judgments or settlement in compensation cases regardless of whether the amount of money is fixed at the time of the judgment or settlement or ascertainable at a later date. ...
- Item 1 amends section 3 (definitions) to provide that 'an amount of compensation is fixed' under a court order or agreement if it is 'ascertainable, at some time after the order or agreement is made. ...
- New subsection 3(4A) moves the time for judging whether compensation is 'ascertainable' to when it is actually ascertained. ...
35. Michigan Academician: Statistically Ascertainable Differences in Creative Styles in Relation to Religious Variables. (Religious Studies).(Brief Article)
- www.findarticles.com
- ) Statistically Ascertainable Differences in Creative Styles in Relation to Religious Variables. ...
- Statistically Ascertainable Differences in Creative Styles in Relation to Religious Variables. ...
36. Capital Gains Tax : Practise Notes - Practice Note 3: "Chose in Action" – (unascertainable deferred consideration)
- www.voa.gov.uk
- 1) Transactions where the consideration due after the time of the disposal is ascertained or ascertainable (albeit possibly only contingently payable) at the time of disposal;.
- Ascertainable and Unascertainable Consideration.
- An example of an ascertainable amount might be if an agreement for the sale of land provided that the consideration would be £300,000 of which £100,000 is payable on completion of the sale and £200,000 will be payable two years after completion depending on whether a specified event (eg the grant of planning permission or the provision of a sewer etc) has or has not occurred by that date.
- Consideration which is not ascertainable at the date of disposal is the area in which DVs are most likely to be asked to provide valuation advice.
- In general terms the agreement for sale of the subject land (and/or buildings) will enable the vendor to receive an ascertainable sum of money at the date of sale, plus a conditional and unascertainable amount at an unascertained future date. ...
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