alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1.21-4 Payments to certain related individuals. ( a ) *In general.* A credit is not allowed under section 21 for any amount paid by the taxpayer to an individual— ( 1 ) For whom a deduction under section 151(c) (relating to deductions for personal exemptions for dependents) is allowable either to the taxpayer or the taxpayer's spouse for the taxable year;
( 2 ) Who is a child of the taxpayer (within the meaning of section 152(f)(1) for taxable years beginning after December 31, 2004, and section 151(c)(3) for taxable years beginning before January 1, 2005) and is under age 19 at the close of the taxable year;
( 3 ) Who is the spouse of the taxpayer at any time during the taxable year; or
( 4 ) Who is the parent of the taxpayer's child who is a qualifying individual described in § 1.21-1(b)(1)(i) or (b)(2)(i).
( b ) *Payments to partnerships or other entities.* In general, paragraph (a) of this section does not apply to services performed by partnerships or other entities. If, however, the partnership or other entity is established or maintained primarily to avoid the application of paragraph (a) of this section to permit the taxpayer to claim the credit, for purposes of section 21, the payments of employment-related expenses are treated as made directly to each partner or owner in proportion to that partner's or owner's ownership interest. Whether a partnership or other entity is established or maintained to avoid the application of paragraph (a) of this section is determined based on the facts and circumstances, including whether the partnership or other entity is established for the primary purpose of caring for the taxpayer's qualifying individual or providing household services to the taxpayer.
( c ) *Examples.* The provisions of this section are illustrated by the following examples:
Example 1. During 2007, X pays $5,000 to her mother for the care of X's 5-year old child who is a qualifying individual. The expenses otherwise qualify as employment-related expenses. X's mother is not her dependent. X may take into account under section 21 the amounts paid to her mother for the care of X's child.
Example 2. Y is divorced and has custody of his 5-year old child, who is a qualifying individual. Y pays $6,000 during 2007 to Z, who is his ex-wife and the child's mother, for the care of the child. The expenses otherwise qualify as employment-related expenses. Under paragraph (a)(4) of this section, Y may not take into account under section 21 the amounts paid to Z because Z is the child's mother.
Example 3. The facts are the same as in Example 2, except that Z is not the mother of Y's child. Y may take into account under section 21 the amounts paid to Z.
[T.D. 9354, 72 FR 45341, Aug. 14, 2007]
§ 884.4150 Bipolar endoscopic coagulator-cutter and accessories. ( a ) *Identification.* A bipolar endoscopic coagulator-cutter is a device used to perform female sterilization and other operative procedures under endoscopic observation. It destroys tissue with high temperatures by directing a high frequency electrical current through tissue between two electrical contacts of a probe. This generic type of device may include the following accessories: an electrical generator, probes, and electrical cables.
( b ) *Classification.* Class II. The special controls for this device are: ( 1 ) FDA's: ( i ) “Use of International Standard ISO 10993 ‘Biological Evaluation of Medical Devices—Part I: Evaluation and Testing,’ ”
( ii ) “510(k) Sterility Review Guidance 2/12/90 (K-90),” and
( iii ) “Guidance (‘Guidelines’) for Evaluation of Laproscopic Bipolar and Thermal Coagulators (and Accessories),”
( 2 ) International Electrotechnical Commission's IEC 60601-1-AM2 (1995-03), Amendment 2, “Medical Electrical Equipment—Part 1: General Requirements for Safety,”
( 3 ) American National Standards Institute/American Association for Medical Instrumentation's HF-18, 1993, “Electrosurgical Devices,”
( 4 ) Labeling: ( i ) Indication: For female tubal sterilization, and
( ii ) Instructions for use: ( A ) Destroy at least 2 centimeters of the fallopian tubes,
( B ) Use a cut or undampened sinusoidal waveform,
( C ) Use a minimum power of 25 watts, and
( D ) For devices with ammeters: continue electrode activation for 5 seconds after the visual endpoint (tissue blanching) is reached or current flow ceases indicating adequate tissue destruction.
[45 FR 12684, Feb. 26, 1980, as amended at 52 FR 17741, May 11, 1987; 65 FR 17146, Mar. 31, 2000]
EXHIBIT 99.1
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

           In connection with the Quarterly report of Fonix Corporation (the
"Company") on Form 10-Q for the period ending June 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), We, Thomas
A. Murdock and Roger D. Dudley, President and Chief Financial Officer,
respectively, of the Company, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the
best of our knowledge:

     (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


/S/ Thomas A. Murdock
-------------------------------------
Thomas A. Murdock
President
Date: August 9, 2002


/s/ Roger D. Dudley
-------------------------------------
Roger D. Dudley
Chief Financial Officer
Date: August 9, 2002
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1497
KENNETH SEATON; MARGARET SEATON, as individuals doing business as Hi-Tech Hygiene, Plaintiffs - Appellants, versus SCIENTIFIC HYGIENE, INCORPORATED, a Nevada Corporation; KENNETH KROLL, individually; ROBERT WARMINGTON, individually, Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Charles H. Haden II, Chief District Judge. (CA-95-127) Submitted: March 31, 1997 Decided: September 9, 1997 Before MURNAGHAN and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kenneth Seaton, Margaret Seaton, Appellants Pro Se. Hugo Nathan Gerstl, LAW OFFICE OF HUGO N. GERSTL, Monterey, California, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Kenneth and Margaret Seaton appeal the district court's order deferring to the judgment of the Superior Court of Monterey County, California, under 28 U.S.C. § 1738 (1994), and dismissing their civil action. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Seaton v. Scientific Hygiene, Inc. , No. CA-95-127 (S.D.W. Va. Mar. 27, 1996). We deny Appellants' motion to partially remand this case and to stay the appeal, and their motions to submit new evidence and to show an Infomercial. We also deny Appellants' motion to submit further evidence to show that the arbitrator acted fraudulently. We grant Appellees' motion requesting that we take judicial notice, but deny their motions to strike, to dismiss, and to impose sanctions. We deny Appellants' motion for oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 1.4-4 Short taxable year caused by death.

An individual making a return for a period of less than 12 months on account of a change in his accounting period may not elect to pay the optional tax under section 3. However, the fact that the taxable year is less than 12 months does not prevent the determination of the tax for the taxable year under section 3 if the short taxable year results from the death of the taxpayer.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                        National Institute on Aging Special Emphasis Panel, Nursing Home Research.                    

*Date:*                        May 7, 2010.                    

*Time:*                        8 a.m. to 12 p.m.                    

*Agenda:*                        To review and evaluate grant applications.                    

*Place:*                        National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892. (Telephone Conference Call.)                    

*Contact Person:*                        Jeannette L. Johnson, PhD, Scientific Review Officer, National Institutes on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892. 301-402-7705.                         *JOHNSONJ9@NIA.NIH.GOV.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)

Dated: March 4, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-5181 Filed 3-9-10; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         582,770
<SECURITIES>                                         0
<RECEIVABLES>                                8,392,423
<ALLOWANCES>                                 7,645,596
<INVENTORY>                                     77,250
<CURRENT-ASSETS>                             9,425,920
<PP&E>                                       1,644,831
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              11,532,249
<CURRENT-LIABILITIES>                        5,340,459
<BONDS>                                              0
<PREFERRED-MANDATORY>                            9,871
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                11,532,249
<SALES>                                      2,884,827
<TOTAL-REVENUES>                             1,917,962
<CGS>                                        2,659,395
<TOTAL-COSTS>                                2,659,395
<OTHER-EXPENSES>                               (6,933)
<LOSS-PROVISION>                               961,240
<INTEREST-EXPENSE>                              45,189
<INCOME-PRETAX>                              (734,500)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (734,500)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (734,500)
<EPS-PRIMARY>                                    (.09)
<EPS-DILUTED>                                    (.09)
        

</TABLE>
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T E A R L F E L T O N C R A G O , J r ., P la in tif

f - A p p e llan t, v. DO R A B . S C HR I R O, Di r e c t o ro f th e AD C a t A D C C e n tr a l O f

f ic e ; e t a l., D efen d an t s - A p p el l ees. N o. 10- 16531 D . C. N o . 4 : 0 8 - c v - 0 0 3 5 5 - FRZ ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona F r a nk R . Z apa t a , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d S e pt e m be r27, 2011 ** B e f o r e : H A W K I N S , S I L V E R M A N , a n dW . F L E T C H E R , C ir c u it Ju d g e s . E a r l F e l t on C r a go, J r . , a n A r i z onas t a t e pr i s one r , appe a l s pr o s e f r om the di stri ctcourt ’ s s um m ary j ud gm enti n h i s 42 U . S . C . § 1 98 3 act i on al l egi ng that d e f e n d a n ts v io la te dh is E ig h th A m e n d m e n t r ig h ts b ye x p o s in g h im to u n s a f e le v e ls 

# FI LED OC T 13 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 16531 2 o f e n v i r o n me n t a l t o b a c c o s mo k e ( “ ETS” ) . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1291. W e r e vi e w de novo, a nd m a ya f f i rm on a nyba s i s s upport e d bythe r e c or d. G ordo n v. V

i rtum un do , Inc. , 5 7 5 F. 3 d1 0 4 0 , 1 0 4 7 ( 9 th Ci r . 2 0 0 9 ) . W e a f f i rm. S um m a ryj udgm e ntw a s pr ope rbe c aus e C r a go f a i l e d t o r a i s e age nui ne d is p u te o f

m a te r ia l f

a c t a s to w h e th e rd e f

e n d a n ts d is r e g a r d e da n e x c e s s iv e r is kto h is h e a lth w h e n th e yin s titu te da n de n f o r c e das m o k in g p o lic yth a t a tte m p te dto l i mi ti n ma t e e x p o s u r e t o ETS. Se e Farm e rv . B r e nnan , 511 U . S . 825, 837 ( 1994) ( apr i s on of

f i c i a l c a nnotbe f

ound l i abl e unde rthe E i ghth A m e ndm e ntunl e s s the offi ci alkn ow s of and di sr egar ds an exces si ve ri sk t o i nm at e hea l th o r s af ety) . T he di s tr i c tc ourtdi d notabus e i t s di s c r e t i on byde ny i ng C r a go’ s m ot i on f or appo i ntm entof coun se l because C ra go fa i l ed t o d em on strat e e xcept i on al c ir c u m s tan c e s . See P alm erv. V aldez , 560 F . 3d 965, 970 ( 9th C i r . 2009) ( s e tt i ng f orth s t a nda r d of

r e vi e w a nd r e qui r e m e ntof “ e xc e pt i ona l c i r c um s t a nc e s ” f or appo i ntm entof coun se l ). C r a g o ’s r e m a in in g c o n te n tio n s a r e u n p e r s u a s iv e . AF F I RME D.
<PAGE>
                                                                   EXHIBIT 10.23


                AMENDMENT OF 1991 NONQUALIFIED STOCK OPTION PLAN




                               AMENDMENT NO. 9 TO
                     1991 NONQUALIFIED STOCK OPTION PLAN OF
                           AMERICAN HOMEPATIENT, INC.


         Amendment No. 9 to 1991 Nonqualified Stock Option Plan (the "Plan") of
American HomePatient, Inc. (the "Corporation") as approved by the Board of
Directors of the Corporation on November 9, 2000.

         The Plan shall be amended by deleting paragraph 3 thereof and replacing
it with a new number 3 so that, as amended, said paragraph 3 shall be and read
as follows:

         3. Stock Subject to the Plan. There will be reserved for issuance upon
         the exercise of Options 4,500,000 shares of Common Stock, which will be
         authorized and unissued Common Stock. If an Option expires or
         terminates for any reason without being exercised in full, the shares
         subject thereto which have not been purchased will again be available
         for purposes of the Plan. The number of shares as to which Options may
         be granted under the Plan will be proportionately adjusted, to the
         nearest whole share, in the event of any stock dividend, stock split,
         share combination or similar recapitalization involving the Common
         Stock or any spin-off, spin-out or other significant distribution of
         assets of stockholders for which the Corporation receives no
         consideration. In the event that there is an insufficient number of
         authorized shares of Common Stock available to allow exercise of the
         Options on the date of any grant hereunder, such Options will not be
         exercisable until there are sufficient shares of Common Stock
         authorized for issuance.

                                                              -End of Amendment-
Exhibit 32.2



                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection  with the  Annual  Report of  Programmer's  Paradise,  Inc.  (the
"Company")  on Form 10-K for the period  ending  December 31, 2005 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Kevin T. Scull, Chief Accounting Officer of the Company, certify, pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that:

(1)       The Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

(2)       The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.




/s/  Kevin T. Scull
-------------------------------------------
Kevin T. Scull
Vice President and Chief Accounting Officer
March 13, 2006

A signed  original of this  written  statement  required by Section 906 has been
provided to the Company  and will be  retained by Company and  furnished  to the
Securities and Exchange Commission or its staff upon request.
United States Court of Appeals 

For the First Circuit 

No. 18-1039 

UNITED STATES OF AMERICA, 

Appellee, 

v. 

DAVID WRIGHT, 

Defendant, Appellant. 

ERRATA SHEET

 The opinion of this Court, issued on August 28, 2019, is 

amended as follows: 

 Starting on page 7, line 1, replace: 

However, such information can be so used only 

"with the approval of the Attorney General if 

the information indicates a threat of death or 

serious bodily harm to any person." Id. 

with: 

However, "[i]n the event" that the 

government's after-the-fact application to 

the FISC "is denied, or in any other case where 

the electronic surveillance is terminated and 

no order is issued approving the 

surveillance," such information can be so used 

only "with the approval of the Attorney 

General if the information indicates a threat 

of death or serious bodily harm to any 

person." Id. 

On page 44, line 20-21, replace "reduced the government's 

burden to prove" with "relieved the government of its burden to 

prove"
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsAnalytical Round Robin for Elastic-Plastic Analysis of Surface Cracked Plates, Phase II ResultsThe second phase of an analytical round robin for the elastic-plastic analysis of surface cracks in flat plates was conducted under the auspices of ASTM Interlaboratory Study 732. The interlaboratory study (ILS) had 10 participants with a broad range of expertise and experience, and experimental results from a surface crack tension test in 4142 steel plate loaded well into the elastic-plastic regime provided the basis for the study. The participants were asked to evaluate a surface crack tension test according to the version of the surface crack initiation toughness testing standard published at the time of the ILS, E2899-13. Data were provided to each participant that represent the fundamental information that would be provided by a mechanical test laboratory prior to evaluating the test result. Overall, the participant’s test analysis results were in good agreement and constructive feedback was received that has resulted in an improved published version of the standard E2899-15.Document ID20170004487Acquisition SourceMarshall Space Flight CenterDocument TypeTechnical Memorandum (TM)AuthorsAllen, P. A.*(NASA Marshall Space Flight Center Huntsville, AL, United States)*Wells, D. N.*(NASA Marshall Space Flight Center Huntsville, AL, United States)*Date AcquiredMay 9, 2017Publication DateMarch 1, 2017Subject CategoryStructural MechanicsReport/Patent NumberM-1424NASA/TM-2017-218233Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType20170004487.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
# C_2015046EN.01005501.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/55 |
| --- | --- | --- | --- |

9.2.2015

EN

Official Journal of the European Union

C 46/55

---

Action brought on 24 November 2014 — Red Lemon v OHIM — Lidl Stiftung (ABTRONICX2)

(Case T-776/14)

(2015/C 046/71)

Language in which the application was lodged: German

Parties

Parties

Applicant: Red Lemon Inc. (Hong Kong, China) (represented by: T. Wieland and S. Müller, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Lidl Stiftung & Co. KG (Neckarsulm, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant for the trade mark at issue: the applicant

Applicant for the trade mark at issue:

Trade mark at issue: the Community figurative mark including the word element ‘ABTRONICX2’ — Application No 8 534 943

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the First Board of Appeal of OHIM of 4 September 2014 in Case R 2078/2013-1

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and reject the opposition; |
| --- | --- |

—

annul the contested decision and reject the opposition;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---