NY LAW

James Cochran asked:


Contracts can often be seen as burdensome entities that service and goods providers can do without. As long as a mutual agreement is arrived at in good faith, so the thinking goes, then a handshake or a verbal agreement should be good enough. Contracts take time, which take money, which is why some don’t want to have to deal with them. Yet, as will be explained, the effect of good IT contracts or a good consulting contract is the opposite. If done properly they will indeed save you time and money, and allow for an environment of good customer service, too.

For IT technicians in particular, the temptation to see contracts as burdensome might be considerable. As a technician, you’re hired to do a job, you show up and do it, and you get paid for your effort. This is how many technicians would like to see their job environment anyhow. If it were only that easy. The problem is that, without IT contracts — even something like an IT consulting contract — you might get lost in the maze otherwise known as the quagmire of IT contract law.

The world of information technology is particularly sensitive when concerning contract law because of the various legal issues involved with things like licensing of hardware and software, the hiring of subcontractors for particular projects, or the crossover that occurs between different fields, different projects, and even different jurisdictions. Without IT contracts that sort out the various legal issues involved, the IT technician might find themselves in a legal nightmare that simply could have been avoided.

What IT contacts do, including things like an IT consulting contract, is they detail ultimately who owns what, who is responsible for what, what jurisdictions apply with respect to licensing and ownership, and what dispute mechanisms will be used in the event of some disagreement somewhere down the line.

One of the best attributes of IT contracts is comprehensiveness and detail, without losing simplicity. In other words, something like an IT consulting contract will serve its function if it lays down as many terms as possible, while avoiding legal jargon that won’t be understood by either party of a contract.

As already mentioned, a good contract should be seen as a way of achieving customer service and satisfaction. By getting things out into the open with simple language and straightforward terms, all parties can proceed with a true sense of mutual benefit. After all, that’s what good business and service is supposed to be about, isn’t it?

On top of the customer service aspect, of course, good IT contracts should also be designed to resolve future conflicts and legal disputes. Bad intentions don’t even have to exist in order for a breach of contract to occur. Sometimes, people are of genuinely different opinions as to what their obligations are in something like an IT consulting contract. Sometimes unforeseen events occur that weren’t anticipated in the original contract — which, of course, is another reason to be as comprehensive as possible when first forming and signing IT contracts.

In the end a good contract should be the IT technician’s best friend in today’s global village. Without one, the modern quagmire of international legal rights can sap away precious time, resources, and energy from your business. No smart professional wants that to happen. It’s why they fall back on things like IT contracts that cover all the bases, and then some.



Gene

Vikram kuamr asked:


You have most probably heard about the wonderful benefits of having Xenon HID (High Intensity Discharge) headlamps in your car, and you might be thinking about obtaining a HID kit to convert the headlamps of your own car. While it is true that Xenon HID headlamps have a great many advantages over traditional headlamps, you should definitely be aware of some of the legal issues surrounding these excellent headlamps, and what you must do to avoid getting in trouble with the law. This way, you will be able to install a HID kit in your car while following the letter of the law, the better to enjoy your new and improved Xenon HID headlamps.

 

If you live in Europe, authorities have made it compulsory for any vehicle with Xenon HID headlamps to have lens cleaners on the headlamps. This is due to the glare that the high-powered HID headlamps can cause, which might endanger other road users. If you choose to outfit your car with a HID kit, you will need to ensure that your headlamps come equipped with lens cleaners, or you will have to install one yourself when you install the HID kit.

 

If you live in the United States, however, no such rules have been put in place concerning HID headlamps. You have to be very careful when you purchase a HID kit, however, as there are regulations concerning the color of headlights that is allowed on the roads. According to the road use laws in the United States, drivers are only allowed to have headlamps the emit light ranging from the white of HID and halogen lights to the yellow of conventional incandescent bulbs. Lights outside of this accepted spectrum are illegal on all roads throughout the country.

 

This is a problem because of the many fake products on sale today. While true Xenon HID headlamps give off pure white light with a bluish tint to it, many fake products are now being sold that attempt to mimic HID lights by covering a normal halogen light with a blue filter. This produces a bluish light that looks very similar to that produced by a true Xenon HID lamp. When viewed side-by-side, it is quite easy to tell the difference between the white light of a true HID kit and the blue light of a fake.

 

This may not be so easy without any source of comparison, however, so you need to extremely careful when you purchase a HID kit for your car. If you are ever pulled over by the police, a true HID kit will not land you in any trouble but a halogen lamp that has been colored blue is cause for the officer to give you a ticket for violating the law against having headlights outside of the accepted color spectrum.



Kenneth

Michael Killian asked:


In the field of debt collection and delinquencies, judgments and judgment risk factors are a very real concern. Will a creditor sue and seek legal judgment against me? If he does, what type judgment might it be? What exactly is a judgment and what can I do about it? These are just some of the questions answered in this judgment article. But please note. The content of this article is for consumer knowledge of judgments and legal lawsuits only and it is assume the reader will act responsibly towards his/her debt.

RISK FACTORS

Collectors must abide by the their state’s Statute of Limitations (SOL) for the amount of time to sue a debtor for payments. Therefore a consumer’s first step is determine if the SOL for collecting a debt has past.

If the SOL has not passed, the consumer must weigh the risk factor of a judgment against them when determining if they should pay a delinquent debt. A judgment could allow the creditor to garnish wages or hire an authority to come get your property. However, it is possible it may not be in the creditor’s best interest to do so. Sometimes it is simply too much time and expense for a creditor to take action against you. But the possibility does exist.

As stated at Credit Info Center: “The risks of judgments, garnishments, and property seizures must be properly balanced against the likelihood that such drastic collection measures will ever happen. The risk, and the decision to take that risk, are entirely yours if you’re in such a position.”

DEFINITIONS

JUDGEMENT – a decision issued by a court at the end of a lawsuit. If in the favor of the creditor it not only verifies the debt but can increase the debt by adding interest, court costs, collection fees, and attorney fees an may extend up to 20 years on a credit file. A decision in favor of the debtor makes the debt uncollectible and may include reimbursement of legal costs to the debtor.

JUDGEMENT PROOF – a debtor has little or no property that a creditor can legally take to collect in the foreseeable future.

PRE-JUDGEMENT ATTACHMENT – a legal procedure which lets an unsecured creditor tie up property before obtaining a court judgment.

DEFAULT JUDGEMENT – If a consumer is sued and does not file papers in response to the lawsuit in the prescribed time limit, the plaintiff can ask the court to enter a judgement against the debtor and is an automatic loss of the case. A default judgment can be set aside but this is unusual and circumstances must be notable to justify such a turn.

LIEN – a lien is a notice that a creditor has attached property. The consumer cannot sell the property without paying off the creditor because the lien makes the “title” cloudy.

SECURED DEBT Property that is purchased using the property itself as collateral on the loan is considered secured. Credit cards are considered unsecured but tax debt is considered secured.

What can a creditor do?

Creditors from secured debts may be able to obtain a judgement for repossessions. Mortgagors can depose and landlords can evict. Garnishment or taking of wages is an option of any creditor. The decision to sue a debtor is usually based on the amount owed (usually over $500), the cost of getting it back, and whether there is a reasonable expectation that something can be collected.

If the matter can be sorted out with the person making the claim before it goes to court, it will be cheaper. If you lose in court, you risk having to pay the other side’s costs. Even if you agree that you owe the money but don’t agree on the amount, you can try to negotiate the matter before it goes to court. If you reach an agreement, you will need to submit an agreement as to judgment form in the court, which tells the court that there is no need to have the matter heard.

Some judgments can be fought by challenging their validity. For example, default judgments at times can be reversed by claiming the debtor was never served or was ignorant of the facts. Before reversal, however, you must back up the claim with facts. Judgments which include selected stipulations, can be reversed if the debtor can prove coercion or misrepresentation. Of course winning an appeal in a higher court can reverse a decision as well.

Payment of Judgments

Once a judgment has been issued, settlement may still be an option if the debtor and creditor can come to terms. This is often the case when dealing with a temporary judgment-proof debtor who will have assets freeing in the future. The creditor may want the debt cleared sooner and might be willing to settle.

Contrary to popular belief, a judgment can be removed from a credit file by the creditor. This requires a fair amount of work and therefore the creditor would have to be motivated to do so in some way.

Readers will probably be interested to know Mike, the author of this article, also offers a free debt elimination mini-course via e-mail. You can enroll at Debt Free In 7.5 Years.



Andrew

Uchenna Ani-Okoye asked:


A prepaid legal plan is basically a scheme based on the payment of the plan in advance of a set fee to defray the cost of providing future legal services to the members enrolled in the scheme. They tend to vary in cost, the scope of legal coverage provided and how the actual legal services are provided. We will be taking a look at the different types of pre-paid legal plans available in the United States and how you should go about enrolling into them.

An individual pre-paid legal plan is readily accessible to the general public. There are basically two types of individual plans: access and comprehensive. An access pre-paid legal plan is the more basic of the two plans. It is designed to give easy access to lawyer and a set of simple legal services for a low cost. Basic services furnished include unlimited toll-free phone access to your attorney for consultation and advice, letters written by the lawyer on your behalf, brief office consultation and the drafting or review of simple legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate negotiable with your provider

The comprehensive plan goes beyond basic legal services, to offer more complex and comprehensive coverage for a premium in cost. Generally, all the benefits of an access plan are provided at no cost to you, plus a broader range of services like drafting complicated legal documents, negotiations with adverse parties, and legal representation in court cases such as divorce and child custody. They also cover all the costs involved in a legal litigation. Comprehensive plans typically start at $300 per year and are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe benefit to its members. The lawyer or law firm contracted provides free or low-cost legal coverage to all members of the sponsoring organization. Employers, labour unions and even universities are now increasingly offering group legal plans to enhance the value of their benefits package and reduce the cost of administrative burden. Law firms are contracted to provide participating members telephone and office consultation for their most frequently needed legal matters. These typically include: Preparation of wills and trusts, document preparation and review, debt and real estate matters and family law.

Additional legal coverage can be contracted according to a fee schedule negotiable between the plan sponsor and provider, and publicised to participating members.



Jonathan

Cherdkiat Taesookavat asked:


As we all know that tinted window has a lot of benefit, especially in terms of keep people in maximum private environment. However, the traditional objective of having tinted window is to protect you from the damaging ray and sunlight, and this seems to be the important objective of using tinted widow. The most common type of film that use with tinted windows is polyester and coated with a scratch resistant on one side and the other side applied by special agent to make the film become mounting adhesive. However, even though it is very easy to install this film to the windows and there are a lot of tinted films available today, there still some interesting point that you have to consider before you having tinted windows installed.

Back to the year around 1960s, the usage of flat film that tinted on window glass was first introduced and become popular very rapidly with a huge of demand during that time with a variety of colours and shade of window tinting film available. Today, there are many types of tinted windows available in the market but the most common types that widely used are metallic performance films and the traditional non-reflective film. Metallic performance film has reflective surface, which is very effective in terms of reducing rays and heat from the sunlight, meanwhile traditional non-reflective film has less quality of sunlight reflection. Both type of window tinting film come in many different colors to choose such as amber, gray, bronze, gold, and so on.

However, many people already know about the huge benefit of using tinted windows that they can reduce sun’s heat (many of good quality brands of window film claim that the film can reduce up to 65% of heat and 99.9% of damaging ultraviolet rays. Apart form that benefit in terms of protecting your interior property in the house; tinted windows are good for your health as the film can protect your skin and eye from sun damage. This is not only for home used but also including tinted windows that used with any kind of vehicles.

Even though there are plenty of benefit of using tinted windows, but before you decide whether you will use it, you must first gather information about legal aspect of using it. Because in the USA, there are rules and regulations applied to usage of tinted windows, especially for vehicles and different states or localities also has different scheme of rules apply to the usage, so it is necessary for you to check information about those rules before buy window tinted films. The most important reason for authorities that they have to legislate the law about window tinting is for public safety. Therefore choose buying tinted windows form professional company that familiar with the law so they can provide you effective advice as well as provide you a certificate of compliance for you just in case you need it.

The information about tinted windows presented here will do one of two things: either it will reinforce what you know about tinted windows or it will teach you something new. Both are good outcomes. Now might be a good time to write down the main points covered above. The act of putting it down on paper will help you remember what’s important about it.



Douglas

Jay Peters asked:


People with credit problems often ask me when it comes to improving their credit score whether they should hire a credit repair company or do it themselves? Unfortunately, there is no simple or universal answer to this question. However, I will shed some light on the subject if you’re in need of a little enlightenment.

According to the Federal Trade Commission (FTC) “Everything a credit repair clinic can do for you legally you can do for yourself at little or no cost”. While I agree with the FTC I also understand some consumers do not have the time, patience (or knowledge) to do the work themselves and the thought of “drive-thru-we-do-it-all-for-you-credit-repair” becomes very appealing. After all, everything a mobile oil change service can do for me I can also do myself at little or no cost (but you won’t find me changing the oil in my car this weekend!).

Although some things are better done yourself, only you can determine if doing your own credit restoration work will be one of them. This is why understanding both the advantages and limitations of a credit repair company and the structure from which it operates are VERY important.

REFERENCES: Any legitimate company or individual doing credit restoration work for consumers will be able to provide you with at least half a dozen references. If the company or person is local you should be able to call these references. This is without question the most important point of consideration when hiring a professional to do the work for you.

If possible, I suggest you ask friends, family, relatives and professional contacts if they know of someone who does credit restoration work as a side business. By far the highest percentage of successful stories I hear from consumers are those which come from those who found a credit consultant via personal referral. I cannot stress this enough. It’s the difference between going on a vacation with a close friend instead of a stranger.

CONTRACT: Unlike painting a house or putting in a driveway, credit restoration work (and results) are extremely broad. Therefore, the use of a contract is imperative. Most likely your credit challenges didn’t occur overnight and they won’t be improved overnight either. A good contract protects you as well as the service provider. The contract should be easy to understand without an Attorney and spell out the actual services which will be rendered as well as the service providers’ limitations (i.e. they cannot guarantee the removal of any one particular item but can guarantee an overall increase in score overtime).

MONTHLY FEE: One of the most critical elements which affects “how” a credit restoration company operates is determined by its’ payment structure. One of the most common payment structures of large companies or law firms doing credit restoration is that of the monthly “auto-debit” fee. In this structure the consumer usually pays $49 to $99 up front and then a monthly fee of $39 to $49 per month. While there is an advantage to this method (affordability) with it comes many disadvantages.

1.) The first disadvantage this structure creates is that it gives the company absolutely no incentive to work quickly or aggressively on behalf of the consumer. In fact, the opposite is true. The longer they take the longer they will continue to collect their monthly fee! In most cases this structure leads to slow results over a very long period of time. Looking at it logically, this shouldn’t come as a surprise.

2.) The other challenge within this structure is the actual amount of time, effort and resources which a company or law firm can reasonably allocate on a consumer’s behalf. Remember, any large business has a tremendous amount of overhead which quickly chews up most of that monthly fee. Out of that $39 to $49 there are monthly expenses including but not limited to: Advertising, Office Rent and Utilities, Employee Payroll and Taxes, Health Insurance, Phone Service, Office Supplies, Refunds, Computer Maintenance and Programming, Website Administration, Office Supplies and let’s not forget postage for mailing letters to creditors, collection agencies and credit bureaus. A much simpler way to think of this is by imagining if you had a client paying you $39 a month; how much work would you be willing to do?

3.) One of the biggest challenges credit repair companies charging low monthly fees run into is being forced to rely on the use of Automated “Boiler Plate” Dispute and Correspondence Letters. Boiler Plate Letters are simple form letters which are used for ALL consumers (one format fits all). Once set up in a computer program with the consumers’ information they are “shot out” automatically on behalf of the consumers needs (i.e. disputing a late pay, charge-off or judgment etc).

The problem here is that when a credit repair company has thousands of clients they are shooting these form letters out for, the creditors, collection agencies and credit bureaus can take notice of these letters being used over and over and discover your correspondence is coming from a third party (i.e. credit repair company or law firm) and in some cases ignore it or (worse yet) mark the dispute frivolous and flag your credit report. I spoke with a man recently who was on the inside of a large credit repair company who informed me they had an archive of over 10,000 boiler plate letters on file to avoid this problem. Of course, they charged customers by the month.

NON-DISCLOSURE OF METHODS: One of the most troubling issues with 95% of large credit repair firms (especially law firms) is their non-disclosure of dispute tactics and methods. As a consumer it is vital that you are made aware of the methods they are using in dealing with your creditors, collections and the credit bureaus. If the organization or law firm violates laws or makes errors (I have witnessed both) you could be held liable for their negligence. In addition, this can actually make your credit worse and create problems which are very difficult to clean up. Anyone doing credit restoration for you should disclose “what” they are doing since you are paying for a service. If they won’t, you better run the other way as they could be pouring gas on a blazing camp fire.

LOCATED IN HOME STATE: This is one of the most overlooked keys to successful third party credit restoration which consumers miss. It is absolutely vital when having someone else do your credit restoration work for you that they operate within your home state. Here’s why: if a credit repair company or law firm mails dispute letters or correspondence on your behalf from another state, that mail will be postmarked from that state. If the credit bureau catches this they can (and in many cases will) mark the dispute as frivolous and flag your credit file.

It is known that many Credit Repair Companies and Law Firms will resort to or create some kind of method to get around this in order to get disputes postmarked from the consumers’ home state (potentially more non-disclosure). For example. If they are in NY and you are in CA they will first have to mail your dispute letters inside an envelope from NY to CA. Once in CA someone opens the envelope and then mails your dispute letters from CA so they postmarked from your home state. I am not an expert on postal regulations but had a postal employee tell me the concept sounded extremely shady at best.

CUSTOMIZATION: It’s for this reason that some of the most advanced forms of credit restoration are done completely customized for the client and even (in many cases) by hand. The best credit restoration companies I’ve seen are usually run by one person or a small number of people and are extremely customized for each client. The is the most effective but with effectiveness comes cost. Every one of these services I have seen charges a very large upfront fee and works entirely off of referrals. This type of service is simply impossible to perform for $39 or even $49 a month.

Unfortunately, if you are unable to find someone in your area (preferably an individual) by way of referral through a friend, relative or professional contact, then I recommend you take matters into your own hands and do it yourself. I realize most consumers do not want to hear this but the good news is that it will almost always turn out to be the highest paid work you will ever do in your life. How high? How does $500 to $2500 an hour sound? I understand it’s a bold claim but not one I am unable to back up.

If you’re ever going to finance a first or second home (which everyone eventually should for the tax breaks) the difference between good credit and poor credit will affect your interest rate. If you secure a $200,000 mortgage on a 30 year term and your interest rate is only 2% lower because of a high credit score, that 2% will save you $96,934.11 over the course of the loan (just because you had better credit). Take that $96,934.11 and divide it by the 30 to 50 hours you may spend working on your credit situation and you’ll quickly realize credit restoration when done properly does not cost – it pays!



Jeffery

Rick Martin asked:


Have you had your legal rights violated? Have you been the victim of an unfortunate accident? Has your employer unfairly fired you? Have you suffered an important loss because of the negligence of medical staff? If your answer to any of these questions is affirmative, you should consider legal action. However, if you do not know your rights, there is a small chance that you will get the compensation that you are entitled to, even if justice is on your side.

You need the help of lawyer, somebody who has had plenty of experience within the legal system and cases similar to yours – one of the experienced Toronto personal injury lawyers. It is extremely important that you have an excellent lawyer, because a good lawyer can win a difficult case, whereas a bad lawyer can ruin a perfect case, particularly if you have decided to sue your employer, an insurance company or your local Municipality. It is obvious that the firms and insurance companies have the finest lawyers working for them. The only way you can win is to hire knowledgeable personal injury lawyers.

If you have been the victim of a motor vehicle accident or a motorcycle accident, personal injury lawyers are the persons who can advise you what to do next in order to receive compensation for your loss and can inform you about your rights. You may think this is not necessary because you are insured and your insurance company will take care of everything. Nevertheless, how can you be sure that the insurance company is doing everything they can to protect your interests? You must agree that the assistance of an experienced lawyer will help you maximize your benefits.

There may be stipulations in the legislation of which you are unaware. For example, did you know that the victim of a motor vehicle accident in Ontario has only 30 days to file an Application for Accidents Benefits? After the 30 days have passed, you may no longer have the right to sue the driver whose negligence caused your injuries. You can now see why you need a competent lawyer. If you have suffered an accident in the Province of Ontario, the first thing you have to do is contact one of the reliable Toronto personal injury lawyers. They will make sure that you will not lose the benefits you deserve because of a time limitation period that you ignored.

It might surprise you, but many victims of different accidents do not know that they are entitled to compensation for their loss and, consequently, have a lot to lose. If you have slipped and fallen on another’s property due to dangerous conditions (such as snow, ice or poor light), you have the right to claim damages for the pain you have suffered. This includes accidents that occurred on a municipally owned sidewalk or roadway. That is right; you can sue your Municipality for negligence. Of course, you must make sure that you have hired one of the skilled personal injury lawyers first, because the lawyers working for the Municipalities and Townships are among the most respected Toronto personal injury lawyers. This does not mean that the case is impossible to win. With a good lawyer on your side, you will get the compensation you deserve.

Our law firm has a rich experience of many years in personal injury matters. Whatever your problem is – motor vehicle accident, motorcycle accident, slip and fall accident, medical malpractice or wrongful dismissal – we will make sure that you will receive full compensation for your distress. Our staff consists of reputable Toronto personal injury lawyers. We are trying to help the victims of accidents to get the benefits that they deserve. Do not hesitate to contact us and tell us all about your problem, as we will offer you a free consultation. Moreover, if you are unable to reach our offices, we will come to you! Our professionalism and care for our clients is what makes us different from other personal injury lawyers.



ARAWN

W. E. Garrison asked:


 In 2004 I was taking a class in black and white photography at the downtown TCC campus.  The instructor was a former staff photographer with the Tulsa World & Tribune.  He wasn’t that much younger than I.  I really enjoyed the class and several of the other students were very serious as well as being very talented with unique perspectives.  It was a class of students filled with a variety of ages and experiences that made it interesting to us all.

My dad retired from the paper when they downsized and did away with the Tribune.  The paper settled for the one publication of the Tulsa World.  I think my dad and Mike had known of each other but I don’t think they worked closely together.  My dad died in July of 1999.

There were a series of objectives and the curriculum involved a wide list of subject matters to deal with for the gambit of possibilities.

In October we were given the assignment of using the subject of hands for our photograph. 

I immediately envisioned a series of shots I wanted using my friend, Rod, in Barnsdall, as my model.

Hands are so expressive and have so many stories to tell of a person.  I know that many believe the “eyes” are subjects for expressive model, but I’ve always had respect for what stories lay in viewing a person’s hands.

 I called Rod on the phone and set up a time when I could make the drive to Barnsdall as soon as I could leave campus.

It had been extremely difficult for me to leave Barnsdall back in 2001.  Part of what I was leaving behind me was much needed to be left.  But it wasn’t easy to leave behind the friendship, closeness, and respected concern between the two of us.  We had been a help to each other through the few years I lived in the community.  We both shared many of the same views on life and philosophy.

I remember spending relaxing hours in his garage, listening to music from our pasts, and learning how closely our lives has passed each other in the past without us actually meeting until we both ended up in the small community of Barnsdall.

I knew the area where he grew up near Buffalo, NY. 

After my dad died I convinced Rod to let me drive him back to NY to visit what was left of his family.  He had two sisters who were still living in the area.  One was a retired nun whom we visited just before a beautiful complex was to be constructed.  We toured the old residency that had become a landmark of the area. 

Rod refused to fly and I was more than glad to make the drive.  It was a real adventure for me as it had been several years since I had been in that part of the country.  I got to see an old friend of mine from my Air Force Days whom I hadn’t seen in over thirty years, so it was an exciting experience for me.  I guess it was the last traveling experience he made.  I was grateful that he got to see his sisters and extended family members. 

I had been in Amarillo Texas during the same time he was in Amarillo.

There were more things (details) about our lives that had a connection which caused us to feel very comfortable with each other and a feeling as though we had known each other a life time.

I still miss him terribly and think of him often.

It was a briskly chilled late October afternoon, even with the sun poking through the scattered clouds from time to time.  I was concerned that the light would not be strong enough for the shots I wanted to get of his hands.  I had a few ideas of how I wanted to capture those very expressive hands with characteristics of intrigued stories from past experiences that seemed to encase worlds of wisdom.

I felt like I was going home.  You know the feeling.  It had been a very long time since I felt like I was going “home” to anywhere.  After I left my home back in 1968, a year after graduating from High School and after attending some college, my home changed and I never really returned to what I had known as “home” for me, again.  It just happens that way for some of us.  It’s progress, and probably best that some of us don’t return to the way things once were, or we would never get away from them and be able to progress.

After crossing the bridge that is the entrance on State Highway 11 into Barnsdall, I made the right turn, northbound, heading toward the well known Meiler home.  It hadn’t been too many months earlier that a sign on the Mieler yard announced that it was the yard of the month.

Rod always took great pride in his yard, as he did in all aspects of his life.  It was always the highest example of neighborhood adornment with the flowers, plants, and manicured lawn.  He was talented in so many areas.  I always enjoyed the spring when we would trek off to Bartlesville and get blooming plants to locate in the yard around the porch and walkways.  He was always careful with his selections and picked out only the healthiest of plants.

If it was needed we would stop at Poindexter’s Liquor Store on the return route home and get a bottle of Carlos Rossi Rhine and/or Burgundy.

When I turned the last corner I saw Rod sitting on the porch waiting for me.

I parked my car at the curb in front of the house, picked up my cameras and walked up to the porch where Rod was waiting for me.

I had taken my favorite Canon SLR vintage quick load 35mm camera given to me by my brother in law years ago when I was advisor to the year book staff back in Chandler in the late 80’s.  I had also taken an even older camera that had belonged to my dad.  It was a medium format that was really great for getting some distinctive results.  I really wish I had my new Canon automatic back then because I would have more pictures of that day.

This was at a time when I had experienced some changes with my eyesight.  I was displaying some difficulties in my focus with the manual cameras.  I have not gone into retirement because I am able to continue with the new camera that has the automatic focus.

Our eyes met and it was as if none of the time we had been separated in the past couple of years had transpired at all.  I really felt like I was at home again.  Here was my pal, my best friend, the big brother I had searched my lifetime and finally found. 

He didn’t say it, but I know from his smile, that bit of a twinkle in his eye, and his engaging contact that he was glad to see me.  I am convinced that he had been as eager as I to spend time together again.

Between us were the things we had shared with each other, the times we had shared with each other.  The few times of holding differing opinions about something had only resulted in respect toward each other’s differences which somehow made us even more alike.

I will never be able to explain completely to those who have not had the experience of sharing and being so close with another human being, but there was such a relationship between us.

We knew very intimate details about each other that growing up brothers might share, and we had a closeness of knowing many psychological details between each other as well.  I think those things combined were what made the bond we shared even stronger than any other relationship we had ever experienced.  A “different” kind of relationship is what I’m identifying.  I’m not saying that we each didn’t have strong relationships otherwise in our lives.  We certainly did.  But it is the bond we had to which I refer, or attempt to shed some light onto it for you.

He inquired about my current activities and the new house I had moved into during Spring Break.  We exchanged small talk after he poured us both a glass of wine.

I took several pictures of his hands while he went about doing some menial tasks.  He held a cigarette in his hand, picked up his glass and sipped at the wine.  He took out some nail clippers and cut away at his fingernails.  There were many opportunities to snap a shot.

The clouds were scattered so the light on the front porch was not substantial, but I continued to take shots as we continued to visit.  He asked about the things I was doing in school, told me about the latest news in the neighborhood and updates on some of the former students I once had in class.

When the light was not strong enough for some good contrast, we got up and went inside the house and finished our visit.

Those hands continued to intrigue me.  They told so much about a man who had given so much in his lifetime and who was so caring, thoughtful, and truthful of others.  Those hands recorded it all.  They showed the hard work he had endured as a young boy growing up in a very strict German household.  Those hands held untold stories of experiences he endured after he left his home and went to the cold city of New York, New York, with all of the possibilities that befalls upon a young teenager becoming a young man of the world.  He endured and was successful.

There had been so many nights when we would visit and watch a program, or listen to the radio, sipping on a glass of wine, solving the worlds problems and our neighbors.  This would have been our reward for working in the yard during the summer heat, or helping a neighbor with their yard if they needed the help.  Rod was always like that.  If he knew that something needed to be done and someone wasn’t able to do it he was there getting it done.

He would bake cheese cakes and take to families in need or for a celebration, or just because he felt like doing something for someone.  It didn’t have to be a special reason.

The kids in the neighborhood knew that they could get a frozen treat from him by simply showing up in his yard.  There was an ice box and freezer in the garage that was often his sanctuary.  Many important decisions were reached in that area. 

Everyone knew that if the door was open Rod was ready for business.

Paintings, photographs and decorations were placed all around the garage as if it were a gallery.  It didn’t matter that there was a washing machine and dryer there, it was always overlooked when viewing the artworks.

Some of the work was done by clients he had counseled in PA.  Others were from places of his past or from artist friends he had made at previous places where he and Sue had lived.

One story after another could be found in those hands, of the struggles and times of elated fortune as well as happiness in his lifetime.  He felt very rich in the fact that he knew his family loved him very much and he returned the status.  He was so very proud of all in his family.  Sue, who had endured so much from his stubbornness, yet continued to love him, filled a very special part of his heart.  His pride and joy were found in his love he had for his two sons.  He was so very proud of all of their accomplishments.  And he was very happy to have experienced becoming a grandfather. 

He showed such pride on that October day in 2004. 

He showed that he was satisfied his life had been filled with experiences and his responses to life that he was not regretful in any way.  Whatever it might have been, he would have done everything the same way. 

I’m not convinced that most others come to that conclusion about their life’s experience.  But, then, how would I know?

What I do know is that it was not easy for me to leave him on that day.

I had no choice.

This is how it was supposed to be.

Perhaps it was written somewhere that it was to be such.

Whatever!

The time did come that I had to leave.  We both knew it.

I very well could have spent the rest of the night filling our glasses with the wine, visiting, and sharing, but I could tell those times had long past us.  He tried not to show it but I could tell that he was tired and he didn’t want me to see it.  It was too obvious.  But I wanted to respect his wishes so, thinking of what he needed instead of what I wanted. 

We were in the living room.  He showed signs of being in need of some strength.  He stretched out on the couch and I told him it was time for him to take a nap.  I thanked him for letting me intrude on his afternoon, and then I hugged him for the last time before I gathered up my cameras and found my way to the street where my car was parked.

I felt a presence with me as I put my things in the car and sat down.  One tear had already formed before I put the key into the ignition.

I knew I would never see my friend again.  But it was okay.  I knew he was happy with all in his life.

I believe that he too, knew it would be our last encounter.  I was just happy to have been a small part of his experience and one of many people who were recipients of his generous love.

I miss you, Rod.  We all do.

You taught us all much.

Although you were never knighted by any authority, there are many of us who feel you deserve the recognition of being Sir Rod, because you are to us.

I chose this frame to print because of the way the sun came through the trees onto his lap. I received outstanding critiques from those classmates and above perfect grade from the instructor.



Richard

Patrick C. OConnor asked:


Tax Deductions (Business Tax Deduction Tips)

Tax tips and tax help to assist taxpayers by describing options

for tax reduction and tax cuts through lawful tax deductions.

Tax deductions contribute to national prosperity by providing capital to business. Tax deductions reduce taxable income. A $100,000 tax deduction reduces federal income tax by $35,000 ($100,000 X 35%) assuming a 35% income rate. Options for increasing business tax deductions include revising depreciation schedules, reviewing fixed asset listings, casualty losses, bad debts, and charitable contributions.

Real estate depreciation offers substantial opportunity for increasing tax deductions. Most depreciation schedules are established by simply separating land and long-life improvements. This simple approach is lawful but sharply understates lawful depreciation. About 20-40% of improvements for most properties are short-life items. Short life items can be depreciated over 5, 7, or 15 years. There are about 130 short-life items that have been determined by legislation, tax court decisions and IRS rulings.

Real estate depreciation can typically be increased by 50-100% for the first 5-7 years of ownership by obtaining a cost segregation study. A cost segregation study precisely values up to 130 components of real estate that can be valued as short-life property.

By obtaining a cost segregation study, it is possible to obtain a windfall of tax deductions by “catching-up” previously under-reported depreciation. This one-time “catch-up” can occur in the first tax return filed after the cost segregation study is performed without filing any amended tax returns.

Reviewing fixed asset listings (of business personal property) can generate a meaningful amount of tax deductions. They often include items that should have been expensed, which have been sold or thrown away or which have an excessive depreciation life. Items that should have been expensed include operating expenses (sometimes included by error) and maintenance or repairs (which was necessary but did not increase the life of the assets or component.) Section 179 allows business to use up to $108,000 of 2006 capital expenditures as tax deductions. Confirm you are not capitalizing assets that could be claimed as a tax deduction.

Casualty losses also offer opportunity for tax deductions. For a casualty loss, you can deduct: 1) the market value immediately before the casualty less 2) the market value immediately after the casualty less the amount covered by insurance. The portion that is not intuitive is: the market value after the casualty is much less than the value before  plus the cost to renovate. Other factors which can and should be considered for tax deductions are: lost rent/usage, stigma (in some cases), construction management, construction risks, and entrepreneurial effort.

Bad debts are a subjective matter. Judgment is required to accurately estimate the amount that should be claimed as a tax deduction. If bad debts have not been examined carefully for several years, they may offer a meaningful tax deduction opportunity. (This applies to companies who utilize accrual accounting. Companies who use cash accounting can’t claim a tax deduction for bad debt since they never recognized the revenue.)

Do well by doing good. You reduce taxes in several ways when making charitable contributions. For example, you purchased land 10 years ago for $200,000, and it is now worth $1,000,000. However, you now realize you will never use the land for the intended purpose. You can donate the land to a qualified charitable organization and take a tax deduction for $1,000,000. However, you do not have to pay capital gains taxes on the appreciation.

Tax deductions sometimes seem arcane and complicated. However, a knowledgeable team of advisors from several fields can reduce your federal income taxes. The complexity of the tax code makes it difficult for any one personal to be knowledgeable in all areas. 

Cost segregation produces tax deductions and reduces federal income taxes across the country and in every size market. Below are just a few examples of cities where cost segregation generates meaningful tax deductions.

City:



New York, NY

Houston, TX

Hartford, CT

Las Vegas, NV

Memphis, TN

Philadelphia, PA

Orlando, FL

Phoenix, AZ

Atlanta, GA

Bridgeport, CT

Worcester, MA

Akron, OH

Harrisburg, PA

Salt Lake City, UT

St. Louis, MO

Portland, OR

Scranton, PA

Greenville, SC

Bakersfield, CA

Madison, WI

Chicago, IL

Fresno, CA

Riverside, CA

Albany, NY

Indianapolis, IN

Birmingham, AL

Ft. Lauderdale, FL

Baton Rouge, LA

Augusta, GA

Honolulu, HI



 

Cost segregation produces tax deductions for virtually all property types, including the following:

Property Type:



Medical facility

Shopping mall

Restaurant

Country club

Fast food restaurant

Power center

Hotel

Car wash facility

Convenience store

Health spa



 

Almost every industry, including the following, can generate cost-efficient tax deductions by using cost segregation.

Industry:



Golf courses and country clubs

Transportation equipment manufacturing

Electrical component manufacturing

Real estate lesser

Apparel manufacturing

Wood product manufacturing

Plastic and rubber products manufacturing

Furniture stores

Beverage and tobacco product manufacturing

Building supply dealers



 

O’Connor & Associates is a national provider of investment real estate consulting services including commercial real estate appraisals, business personal property valuations, business purchase price allocations, business valuations, cost segregation studies, due diligence, and insurance valuations. O’Connor & Associates is a national provider of income tax, tax deduction,property tax,real estate consulting, market research,condemnation appraisals,highest and best use,cost segregation,financial modeling,Galveston central appraisal district,Tips and Tricks for Appealing Your Property Taxes in Brazoria,Brazoria county appraisal, and Federal tax reduction. Appraisal services are provided for all commercial property types including nursing homes, discount stores, truck terminals, tennis clubs, supermarkets, country clubs, medical offices, mini-warehouses, restaurants, vacant lands, skating rinks, community shopping, centers, power centers, car wash facilities and service stations.



Phillip