alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §53306. Recognition of gain for tax purposes

(a) Definitions.—In this section, the terms "net proceeds" and "net indemnity" mean the sum of—

(1) the adjusted basis of the vessel; and

(2) the amount of gain the taxpayer would recognize without regard to this section.

(b) Recognition of Gain.—In computing net income under the income or excess profits tax laws of the United States, a taxpayer does not recognize a gain on the sale or the actual or constructive total loss of a vessel if the taxpayer—

(1) deposits an amount equal to the net proceeds of the sale or the net indemnity for the loss in a construction reserve fund within 60 days after receiving the payment of proceeds or indemnity; and

(2) elects under this section not to recognize the gain.

(c) When Election Must Be Made.—

(1) In general.—Except as provided in paragraph (2), the taxpayer must make the election referred to in subsection (b) in the taxpayer's income tax return for the taxable year in which the gain was realized.

(2) Receipt after taxable year.—If the vessel is bought or requisitioned by the United States Government, or is lost, and the taxpayer receives payment for the vessel or indemnity for the loss from the Government after the end of the taxable year in which it was bought, requisitioned, or lost, the taxpayer must make the election referred to in subsection (b) within 60 days after receiving the payment or indemnity, on a form prescribed by the Secretary of the Treasury.

(d) Effect of Statute of Limitation.—If the taxpayer makes an election under subsection (c)(2), and computation or recomputation under this section is otherwise allowable but is prevented by a statute of limitation on the date the election is made or within 6 months thereafter, the computation or recomputation nevertheless shall be made notwithstanding the statute if the taxpayer files a claim for the computation or recomputation within 6 months after the date of making the election.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1588.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 53306 | 46 App.:1161(c). | June 29, 1936, ch. 858, title V, §511(c), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (b), 57 Stat. 157; Dec. 23, 1944, ch. 714, §1, 58 Stat. 920; July 17, 1952, ch. 939, §10, 66 Stat. 762. |

Section

In subsection (c)(2), the words "in any taxable year beginning after December 31, 1939" are omitted as obsolete. The words "prescribed by the Secretary of the Treasury" are substituted for "prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury" for consistency in the revised title and with other titles of the United States Code. See 26 U.S.C. 7805.
§ 3.415 Access to course offerings. ( a ) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses.
( b ) ( 1 ) With respect to classes and activities in physical education at the elementary school level, the recipient shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. With respect to physical education classes and activities at the secondary and post-secondary levels, the recipient shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
( 2 ) This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.
( 3 ) This section does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( 4 ) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the recipient shall use appropriate standards that do not have such effect.
( 5 ) Portions of classes in elementary and secondary schools, or portions of education programs or activities, that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.
( 6 ) Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.
I 

109TH CONGRESS 

1ST SESSION H. R. 2849 

To extend the suspension of duty on preparations based on ethanediamide, 

N-(2-ethoxyphenyl)-N′-(4-isodecylphenyl)-. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2005 

Mrs. MYRICK introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To extend the suspension of duty on preparations based 

on ethanediamide, N-(2-ethoxyphenyl)-N′-(4- 

isodecylphenyl)-. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PREPARATIONS BASED ON ETHANEDIAMIDE, N4 (2-ETHOXYPHENYL)-N′-(4-ISODECYLPHENYL)-. 

5 (a) IN GENERAL.—Heading 9902.04.05 of the Har6 monized Tariff Schedule of the United States (relating to 

7 preparations based on ethanediamide, N-(2-ethoxyphenyl)- 

8 N′-(4-isodecylphenyl)-) is amended by striking ‘‘12/31/ 

9 2006’’ and inserting ‘‘12/31/2008’’. 
2 

•HR 2849 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ
### **CHAPTER 107—EFFECTS OF DECEASED SEAMEN**

Sec.
10701.
Application.
10702.
Duties of masters.
10703.
Procedures of masters.
10704.
Duties of consular officers.
10705.
Disposition of money, property, and wages by consular officers.
10706.
Seamen dying in the United States.
[10707.
Repealed.]
10708.
Sale of property.
10709.
Distribution.
10710.
Unclaimed money, property, and wages.
10711.
Penalties.

#### **Editorial Notes**

#### Amendments

**1993**—Pub. L. 103–206, title IV, §420(b), Dec. 20, 1993, 107 Stat. 2438, struck out item 10707 "Delivery to district court".
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-2336

___________

Nakia Davis, *

*

Appellant, *

*

v. *

*

Bradberry, Assistant Warden; M. D. * Appeal from the United States

Reed, Warden, Arkansas Department of * District Court for the Eastern

Correction; David Guntharp, Assistant * District of Arkansas.

Director, Arkansas Department of *

Correction; Larry Norris, Director, * [UNPUBLISHED]

Arkansas Department of Correction; *

Turks, CO-I, Cummins Unit, Arkansas *

Department of Correction, *

*

Appellees. *

___________

Submitted: April 7, 2000

Filed: April 21, 2000

___________

Before LOKEN, FAGG, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Nakia Davis, an Arkansas inmate, appeals the district court's dismissal of Davis's

42 U.S.C. § 1983 action following an evidentiary hearing before a magistrate judge.

Having carefully reviewed the record and the briefs, we conclude the district court
-2-

correctly dismissed Davis's complaint. We thus affirm for the reasons stated by the

district court. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
isig_ex102.htm

EXHIBIT 10.2
         , 2022
  
 [Name]
 [Address]
  
 Dear          ,
  
 This letter memorializes the terms and conditions of your annual cash incentive compensation as an employee of Insignia Systems, Inc. (the “Company”) for the fiscal year ending December 31, 2022 (“fiscal 2022”). The Company’s Board of Directors (the “Board”), through its Governance, Compensation and Nominating Committee (the “Committee”) has, after consideration of the fiscal 2022 performance targets proposed by the Company’s management, adopted the fiscal 2022 performance goals and resulting payout scales identified in the table below. 
  
 You will not earn or receive any annual cash incentive bonus payment for fiscal 2022 unless: (1) the Company has an unrestricted cash balance in excess of $          as of December 31, 2022 (after taking into account          , and appropriate adjustments to normalize accounts payable consistent with historical practices, each of which will be determined in the Committee’s sole discretion), and (2) you remain employed by the Company as of the date any annual cash incentive compensation awarded for fiscal 2022 is paid, which will be no later than March 15, 2023. 
  
 Your target annual cash incentive compensation payout for fiscal 2022 is $          (“Target”), which represents         % of your annual base salary for fiscal 2022.
  
 	 Pre-Bonus 
 Operating Income (Loss)
	 GAAP
 Operating Income (Loss)
	 Adjusted
 Operating Income (Loss)1
	 Payout
 (% of Target)2


  
 Please confirm your understanding and acceptance of the provisions in this letter by countersigning below.
  
 Sincerely,
  
 [Name]
  
 Acknowledgment and Acceptance:
  
 By signing below, I accept and agree to the terms and conditions of this letter concerning my annual cash incentive compensation opportunity for fiscal 2022 as set forth above. 
  
 Employee Signature:          __________________________      Date: _______________
  
 Print Name: __________________________
  
                                                                          
 1 Inclusive of all compensation expenses, but excluding expenses specific to , and other appropriate adjustments as identified by the Committee.
 2 Actual payout will be determined by linear extrapolation to the extent not represented in the table, subject to a minimum of 0% and maximum of 150% of Target.
#### In the Matter of Frank J. Brasco, an Attorney and Counselor at Law, Admitted to Practice under the Name Frank James Brasco.

Motion by the Joint Bar Association Grievance Committee for the Second and Eleventh Judicial Districts, to strike the name of Frank James Brasco from the roll of attorneys and counselors at law on the ground that he has been disbarred by virtue of a felony conviction. Cross motion to stay all proceedings in this matter pending determination of the postconviction proceedings in the United States District Court for the Southern District of New York to vacate the conviction and for a new trial on the grounds of newly discovered evidence. Motion granted and cross motion denied. Frank J. Brasco, admitted to practice by this court on March 26, 1958 under the name Frank James Brasco, was convicted of a felony (violation of US Code, tit 18, § 371) unlawfully, willfully and knowingly conspired, confederated and agreed with others to obtain and retain from the Post Office Department truck leases and moneys payable by unlawful and fraudulent means in violation of statute in the United States District Court for the Southern District of New York on October 21, 1974. The clerk of this court is directed to strike the name of Frank James Brasco from the roll of attorneys and counselors at law forthwith by reason of said conviction *(Matter of Chu,*42 NY2d 490). Hopkins, J. P., Latham, Suozzi, Rabin and Shapiro, JJ., concur.
#### § 964.11 HUD policy on tenant participation.

HUD promotes resident participation and the active involvement of residents in all aspects of a HA's overall mission and operation. Residents have a right to organize and elect a resident council to represent their interests. As long as proper procedures are followed, the HA shall recognize the duly elected resident council to participate fully through a working relationship with the HA. HUD encourages HAs and residents to work together to determine the most appropriate ways to foster constructive relationships, particularly through duly-elected resident councils.
COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Petty and Seni or Judge Bumgardner

JAMES MELVIN ASHBY MEMORANDUM OPINION * v. Record No. 0731-07-3 PER CURIAM JULY 31, 2007 RAMAR COAL COMP ANY, INC. AND LIBERTY MUTUAL INSURANCE COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Steven R. Minor; Elliott Lawson & Minor, on brief), for appellant. (Brian J. Rife; Penn, Stuart & Eskridge, on brief), for appellees.

James Melvin Ashby (claimant) appeals a decision of the Workers’ Compensation Commission finding that it had no ju risdiction to consider his cl aim for benefits alleging an injury by accident arising out of and in the cour se of his employment on April 2, 1994. Claimant argues the commission erred in finding that he failed to establish grounds for applying the doctrine of imposition to toll the statute of limitations cont ained in Code § 65.2-601. We have

reviewed the record and the commis sion’s opinion and find that this appeal is without merit. See

Cibula v. Allied Fibers & Plastics , 14 Va. App. 319, 324, 416 S.E.2d 708, 711 (1992) (“An employer’s voluntary payment of an injured em ployee’s medical bills does not estop the employer from invoking the statute of limitations of Code § 65.1-87 (now Code § 65.2-601).”),

aff’d , 245 Va. 337, 428 S.E.2d 905 (1993) (per curiam); Tuck v. Goodyear Tire & Rubber Co. , 47 Va. App. 276, 285, 623 S.E.2d 433, 437 (2005) (“The application of the [imposition] doctrine, however, requires a threshold showing of unfairness: ‘The doctrine focuses on an

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.- 2 - employer’s or the commission’s use of superior knowledge of or experi ence with the Workers’ Compensation Act or use of economic leverage, wh ich results in an unjust deprivation to the employee of benefits warranted under the Act.’” (c itation omitted)). Accordingly, we affirm for the reasons stated by the commi ssion in its final opinion. See Ashby v. Ramar Coal Co., Inc. , VWC File No. 168-33-22 (Mar. 1, 2007). We di spense with oral argument and summarily affirm because the facts and legal contentions ar e adequately presented in the materials before the Court and argument would not ai d the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.
#### § 880.105 Applicability to proposals and projects under 24 CFR part 811.

Where proposals and projects are financed with tax-exempt obligations under 24 CFR part 811, the provisions of part 811 will be complied with in addition to all requirements of this part. In the event of any conflict between this part and part 811, part 811 will control.
#### LANE et al. v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES et al.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Action by Lillie Lane and others against the Equitable Life Assurance Society of the United States and W. Morton Garden, individually and as executor, etc.

PER CURIAM.

Motion to dismiss appeal denied, on condition that the appellant serve the appeal papers forthwith and stipulate to argue the appeal on the next motion day, if the respondent so desires. If this condition is not complied with, the" motion is granted, with $10 costs.
###### Editorial Note on Part 3282

#### Editorial Note:

Nomenclature changes to part 3282 appear at 78 FR 60199, Oct. 1, 2013.

#### § 3282.305 State plan approval.

The Secretary's approval or conditional approval of a State plan Application shall qualify that State to perform the functions for which it has been approved.
Editorial Note on Part 5
Editorial Note: Nomenclature changes to part 5 appear at 65 FR 16715, Mar. 29, 2000.

§ 5.628 Total tenant payment. ( a ) *Determining total tenant payment (TTP).* Total tenant payment is the highest of the following amounts, rounded to the nearest dollar: ( 1 ) 30 percent of the family's monthly adjusted income;
( 2 ) 10 percent of the family's monthly income;
( 3 ) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of those payments which is so designated;
( 4 ) The minimum rent, as determined in accordance with § 5.630; or
( 5 ) For public housing only, the alternative non-public housing rent, as determined in accordance with § 960.102 of this title.
( b ) *Determining TTP if family's welfare assistance is ratably reduced.* If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under paragraph (a)(3) of this section is the amount resulting from one application of the percentage.
[65 FR 16718, Mar. 29, 2000, as amended at 88 FR 9661, Feb. 14, 2023]
### §51303. Non-competitive appointments

(a) In General.—The Secretary of Transportation may appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 50 qualified individuals with qualities the Secretary considers to be of special value to the Academy. In making these appointments, the Secretary shall try to achieve a national demographic balance at the Academy.

(b) Appointment of Candidates Selected for Preparatory School Sponsorship.—The Secretary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend preparatory school during the academic year prior to entrance in the Academy, and who have successfully met the terms and conditions of sponsorship set by the Academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, §3516(a), Dec. 23, 2016, 130 Stat. 2789; Pub. L. 116–92, div. C, title XXXV, §3504, Dec. 20, 2019, 133 Stat. 1970.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 51303 | 46 App.:1295b(b) (3)(D). | June 29, 1936, ch. 858, title XIII, §1303(b)(3)(D), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999. |

Section

#### **Editorial Notes**

#### Amendments

2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2016—Pub. L. 114–328 substituted "50" for "40".
```

[106th Congress Public Law 304]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ304.106]

[[Page 114 STAT. 1071]]

Public Law 106-304
106th Congress

                                 An Act

 
  To designate the Federal building located at 1710 Alabama Avenue in 
Jasper, Alabama, as the ``Carl Elliott Federal Building''. <<NOTE: Oct. 
                       13, 2000 -  [H.R. 4806]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The Federal building located at 1710 Alabama Avenue in Jasper, 
Alabama, shall be known and designated as the ``Carl Elliott Federal 
Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Carl Elliott 
Federal Building''.

    Approved October 13, 2000.

LEGISLATIVE HISTORY--H.R. 4806:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            July 25, considered and passed House.
            Oct. 4, considered and passed Senate.

                                  <all>
```
Exhibit 23.2

INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMS CONSENT

We consent to the incorporation by reference in the
Registration Statement of SendTec, Inc. on Form S-8 (File No. 333-137883) of our report dated March 16, 2007, with respect to our audit of the consolidated financial statements of SendTec, Inc. for the year ended December 31, 2006, which
report is included in this Annual Report on Form 10-KSB of SendTec, Inc. for the year ended December 31, 2007.

Our report on the consolidated
financial statements includes the following explanatory paragraph: As more fully described in Notes 2 and 8 to the consolidated financial statements, the Companys Senior Secured Convertible Debentures in the principal amount of $34,580,000, as
of December 31, 2006, are due on March 31, 2008. The Company currently lacks sufficient capital resources to repay this obligation upon its maturity. Accordingly, the Company must either restructure this obligation or secure alternative
financing to repay this obligation on March 31, 2008.



|                         
|-------------------------
|/s/ MARCUM & KLIEGMAN LLP
|                         
|Marcum & Kliegman LLP    

April 7, 2008
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00038-CV

In re Jesse Howard Williams

ORIGINAL PROCEEDING FROM HAYS COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Henson and Goodwin

Filed: February 2, 2011
### §51104. General authority of Secretary of the Navy

The Secretary of the Navy, in cooperation with the Maritime Administrator and the head of each State maritime academy, shall ensure that—

(1) the training of future merchant marine officers at the United States Merchant Marine Academy and at State maritime academies includes programs for naval science training in the operation of merchant vessels as a naval and military auxiliary; and

(2) naval officer training programs for future officers, insofar as possible, are maintained at designated maritime academies consistent with Navy standards and needs.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1570.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 51104 | 46 App.:1126–1(a) (last sentence), (b). | Pub. L. 94–361, title VI, §603(a) (last sentence), (b), July 14, 1976, 90 Stat. 929; Pub. L. 97–31, §12(76), Aug. 6, 1981, 95 Stat. 160. |
| | 46 App.:1295 (last sentence cl. (2)). | June 29, 1936, ch. 858, title XIII, §1301 (last sentence cl. (2)), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, §12(142)(B), Aug. 6, 1981, 95 Stat. 166. |

Section