alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Page 40170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19153]



[[Page 40170]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ89


Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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SUMMARY: The Pacific Fishery Management Council's (Council) Model 
Evaluation Workgroup (MEW) will hold a work session to review work 
products individual members have been developing prior to submission to 
the 2009 salmon methodology review process. The meeting is open to the 
public.

DATES: The work session will be held Thursday, August 27, 2009, from 9 
a.m. to 12:30 p.m.

ADDRESSES: The work session will be held at the Northwest Indian 
Fisheries Commission Conference Room, 6730 Martin Way East, Olympia, WA 
98516; telephone: (360) 438-1180.
    Council address: Pacific Fishery Management Council, 7700 NE 
Ambassador Place, Suite 101, Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Mr. Chuck Tracy, Salmon Management 
Staff Officer, Pacific Fishery Management Council; telephone: (503) 
820-2280.

SUPPLEMENTARY INFORMATION: The purpose of the work session is to review 
work products, including possible bias in the Fishery Regulation 
Assessment Model (FRAM) associated with multiple encounters during mark 
selective fisheries, and new methodology for estimating Columbia River 
Chinook ocean abundance. The results of the analyses will be submitted 
for review during the Council's 2009 salmon methodology review process.
    Although non-emergency issues not contained in the meeting agendas 
may come before the MEW for discussion, those issues may not be the 
subject of formal action during this meeting. Action will be restricted 
to those issues specifically listed in this notice and any issues 
arising after publication of this notice that require emergency action 
under Section 305(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act, provided the public has been notified of the intent to 
take final action to address the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Ms. Carolyn Porter at (503) 820-2280 at least 5 
days prior to the meeting date.

    Dated: August 6, 2009.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-19153 Filed 8-10-09; 8:45 am]
BILLING CODE 3510-22-S
#### UNITED STATES of America, Plaintiff-Appellee, v. Joel JIMENEZ-GUTIERREZ, aka Angel Lopez-Sanchez, Defendant-Appellant.

No. 01-10060.

D.C. No. CR-00-00310-ROS.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2002.*

Decided June 13, 2002.

Before RYMER, T.G. NELSON and THOMAS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Joel Jimenez-Gutierrez appeals his jury-trial conviction and eighty-four month sen*306tence imposed for attempted re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *United States v. Aguilar,*756 F.2d 1418, 1421 (9th Cir.1985), and we reverse and remand.

Jimenez-Gutierrez contends that the district court erred by permitting the jury to consider and return a guilty verdict for attempted re-entry, an offense that had been stricken from the indictment during a pretrial proceeding.

The government concedes that the district court erred in light of *Aguilar,*756 F.2d at 1424-25 (reversing where defendant was convicted of an offense that had been effectively dismissed from the indictment), and *United States v. Pazsint,*703 F.2d 420, 423-24 (9th Cir.1983) (reversing conviction where jury was instructed on an offense not charged in the indictment). Accordingly, the judgment of conviction is reversed. *Pazsint,*703 F.2d at 425.1

REVERSED and REMANDED.

**

 This disposition is not appropriate for publication and may not be cited to or by the *306courts of this circuit except as may be provided by 9th Cir. R. 36-3.

1

. In light of our disposition, we do not reach the additional contentions raised in Jimenez-Gutierrez’s opening brief.
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Page 39071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18633]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ09-4-000]


Bonneville Power Administration; Notice of Filing

July 29, 2009.

    Take notice that on July 10, 2009, Bonneville Power Administration 
(Bonneville) submitted an errata to correct editorial or typographical 
errors in their Precedent Transmission Service Agreement (Agreement). 
Bonneville states that the corrections do not change the Agreement in 
any substantive way.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#94d2d1c6d7dbfaf8fdfaf1c7e1e4e4fbe6e0d4f2f1e6f7baf3fbe2"><span class="__cf_email__" data-cfemail="793f3c2b3a36171510171c2a0c0909160b0d391f1c0b1a571e160f">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on August 5, 2009.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-18633 Filed 8-4-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
§ 20.2013-1 Credit for tax on prior transfers. ( a ) *In general.* A credit is allowed under section 2013 against the Federal estate tax imposed on the present decedent's estate for Federal estate tax paid on the transfer of property to the present decedent from a transferor who died within ten years before, or within two years after, the present decedent's death. See § 20.2013-5 for definition of the terms “property” and “transfer”. There is no requirement that the transferred property be identified in the estate of the present decedent or that the property be in existence at the time of the decedent's death. It is sufficient that the transfer of the property was subjected to Federal estate tax in the estate of the transferor and that the transferor died within the prescribed period of time. The executor must submit such proof as may be requested by the district director in order to establish the right of the estate to the credit.
( b ) *Limitations on credit.* The credit for tax on prior transfers is limited to the smaller of the following amounts: ( 1 ) The amount of the Federal estate tax attributable to the transferred property in the transferor's estate, computed as set forth in § 20.2013-2; or
( 2 ) The amount of the Federal estate tax attributable to the transferred property in the decedent's estate, computed as set forth in § 20.2013-3. Rules for valuing property for purposes of the credit are contained in § 20.2013-4.
( c ) *Percentage reduction.* If the transferor died within the two years before, or within the two years after, the present decedent's death, the credit is the smaller of the two limitations described in paragraph (b) of this section. If the transferor predeceased the present decedent by more than two years, the credit is a certain percentage of the smaller of the two limitations described in paragraph (b) of this section, determined as follows: ( 1 ) 80 percent, if the transferor died within the third or fourth years preceding the present decedent's death;
( 2 ) 40 percent, if the transferor died within the fifth or sixth years preceding the present decedent's death;
( 3 ) 40 percent, if the transferor died within the seventh or eighth years preceding the present decedent's death; and
( 4 ) 20 percent, if the transferor died within the ninth or tenth years preceding the present decedent's death. The word “within” as used in this paragraph means “during”. Therefore, if a death occurs on the second anniversary of another death, the first death is considered to have occurred within the two years before the second death. If the credit for tax on prior transfers relates to property received from two or more transferors, the provisions of this paragraph are to be applied separately with respect to the property received from each transferor. See paragraph (d) of example (2) in § 20.2013-6.
( d ) *Examples.* For illustrations of the application of this section, see examples (1) and (2) set forth in § 20.2013-6.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
The schedule contains summary financial information extracted from the balance
sheet and statement of income and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<CIK>                         0000857264
<NAME>                        KRUPP GOVERNMENT INCOME TRUST

<S>                           <C>
<PERIOD-TYPE>                 9-MOS
<FISCAL-YEAR-END>             DEC-31-1999
<PERIOD-END>                  SEP-30-1999
<CASH>                          6,603,696
<SECURITIES>                  134,389,793<F1>
<RECEIVABLES>                     868,179
<ALLOWANCES>                            0
<INVENTORY>                             0
<CURRENT-ASSETS>                3,473,815<F2>
<PP&E>                                  0
<DEPRECIATION>                          0
<TOTAL-ASSETS>                145,335,483
<CURRENT-LIABILITIES>           4,100,200<F3>
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                      140,731,258
<OTHER-SE>                        504,025<F4>
<TOTAL-LIABILITY-AND-EQUITY>  145,335,483
<SALES>                                 0
<TOTAL-REVENUES>               12,902,624<F5>
<CGS>                                   0
<TOTAL-COSTS>                           0
<OTHER-EXPENSES>                2,667,485<F6>
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      0
<INCOME-PRETAX>                10,235,139
<INCOME-TAX>                            0
<INCOME-CONTINUING>            10,235,139
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                   10,235,139
<EPS-BASIC>                           0
<EPS-DILUTED>                           0
<FN>
<F1> Includes  Participating  Insured Mortgage  Investments  ("PIMIs") (insured
     mortgages of $60,219,084  and  Additional  Loans of  $8,399,262),
     Participating Insured Mortgages ("PIMs") of $47,436,190 and
     Mortgage-backed  Securities (MBS)of $18,335,257.

<F2> Includes  prepaid  acquisition  fees and  expenses  of  $9,570,796  net of
     accumulated amortization of $7,139,099 and prepaid participation servicing
     fees of $3,190,184 net of accumulated amortization of $2,148,066.

<F3>     Includes deferred income on Additional Loans of $4,025,450.

<F4>     Unrealized gain on MBS.

<F5>     Represents interest income on investments in mortgages and cash.

<F6>     Includes $1,385,349 of amortization of prepaid fees and expenses.
</FN>


</TABLE>
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 American Tax Credit Properties III
L.P. (the "Registrant") on Form 10-Q for the period ending June 29, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, David Salzman, Chief Executive Officer of Richman Housing Credits
Inc., general partner of Richman Tax Credit Properties III L.P., general partner
of the Registrant, certify, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant
to (S) 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 Registrant.



/s/ David Salzman
----------------------------
David Salzman
Chief Executive Officer of Richman
Housing Credits Inc., general partner of
Richman Tax Credit Properties III L.P.,
general partner of the Registrant
August 13, 2003
<TABLE> <S> <C>

<ARTICLE>                                       5
       
<S>                                               <C>
<PERIOD-TYPE>                                   6-MOS
<FISCAL-YEAR-END>                               DEC-31-1998
<PERIOD-END>                                    DEC-31-1998
<CASH>                                                8,614,937
<SECURITIES>                                                  0
<RECEIVABLES>                                           182,041
<ALLOWANCES>                                                  0
<INVENTORY>                                                   0
<CURRENT-ASSETS>                                              0
<PP&E>                                                        0
<DEPRECIATION>                                                0
<TOTAL-ASSETS>                                       17,240,781
<CURRENT-LIABILITIES>                                         0
<BONDS>                                                       0
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                      0
<OTHER-SE>                                           15,591,919
<TOTAL-LIABILITY-AND-EQUITY>                         17,240,781
<SALES>                                                       0
<TOTAL-REVENUES>                                      2,571,068
<CGS>                                                         0
<TOTAL-COSTS>                                                 0
<OTHER-EXPENSES>                                      1,757,906
<LOSS-PROVISION>                                         17,173
<INTEREST-EXPENSE>                                       77,378
<INCOME-PRETAX>                                         718,611
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                     718,611
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                            718,611
<EPS-PRIMARY>                                                 0
<EPS-DILUTED>                                                 0
        


</TABLE>
39646.

#### BURDETTE v. THE STATE.

Decided September 18, 1962.

*Atkins •& Atkins, Ben S. Atkins, Dorothy D. Atkins,*for plaintiff in error.

*Paul Webb, Solicitor General, Charles A. Williams, Eugene L. Tiller,*contra.

Nichols, Presiding Judge.

The defendant was tried and convicted of possessing burglary tools. His motion for new trial was overruled and he now excepts to such adverse judgment. *Held-.*

1. The purported brief of the evidence, a stenographic report of the trial, contains 31 pages and with the exception of 7 pages of the 31 pages every page includes either motions to rule out evidence, objections to evidence, rulings of the court on various objections and motions, colloquies between counsel and between counsel and the court, and various other irrelevant matter. While under the act of 1953 (Ga. L. 1953, Nov. Sess. pp. 440, 446 (b); *Code Ann*§ 70-305), a stenographic report of a trial with immaterial questions and answers and parts stricken may be used in lieu of a brief of evidence, yet it has been repeatedly held by this court and the Supreme Court that where a stenographic report of the trial of the case contains immaterial parts no question which requires a consideration of the evidence will be considered. See *Anderson v.*State, 211 Ga. 768 (88 SE2d 149), and citations.

2. Since the usual general grounds of the motion for new trial and each of the special grounds complain of errors which require a reference to the evidence no question is presented for determination by this court.

*Judgment affirmed.*

*Frankum and Jordan, JJ., concur.*
(logo) Rialto CAPITAL

 

 

**2016 Annual Statement ofServicer Compliance (Item 1123)**

 

 

Pooling and ServicingAgreement (the “Pooling and Servicing Agreement”) dated as ofAugust 1, 2016 by and among Wells Fargo Commercial Mortgage Securities, Inc.,as Depositor, Wells Fargo Bank, National Association as Master Servicer, RialtoCapital Advisors, LLC as Special Servicer, Park Bridge Lender Services LLC asOperating Advisor and Asset Representations Reviewer, Wells Fargo Bank,National Association as Certificate Administrator, and Wilmington Trust,National Association as Trustee relating to the Wells Fargo Commercial MortgageTrust 2016-BNK1, Commercial Mortgage Pass-Through Certificates, Series2016-BNK1 **(WFCM 2016-BNK1)**

 

 

The undersigned, a dulyauthorized officer of Rialto Capital Advisors, LLC, as special servicer (the“Special Servicer”) herein certifies to the following:

 

1. All servicing activitiesand performance of such servicing activities under the Pooling and ServicingAgreement are performed on behalf of the Special Servicer.

 

2. A review of the servicingactivities and performance by the Special Servicer for the period of August 18,2016 to December 31, 2016 (the “Reporting Period”) in accordancewith the Pooling and Servicing Agreement has been conducted under mysupervision.

 

3. To the best of myknowledge, based on such review, the Special Servicer has fulfilled all of itsobligations under the terms of the Pooling and Servicing Agreement, in allmaterial respects for the Reporting Period and if there has been a failure tofulfill any such obligations in any material respect, each failure and thenature and status thereof has been specifically identified herein.

 

 

Certified by: /s/ Adam Singer

Adam Singer, Managing Director

 

 

Date: March 1, 2017
§ 31.3401(a)-3 Amounts deemed wages under voluntary withholding agreements. ( a ) *In general.* Notwithstanding the exceptions to the definition of wages specified in section 3401(a) and the regulations thereunder, the term “wages” includes the amounts described in paragraph (b)(1) of this section with respect to which there is a voluntary withholding agreement in effect under section 3402(p). References in this chapter to the definition of wages contained in section 3401(a) shall be deemed to refer also to this section (§ 31.3401(a)-3).
( b ) *Remuneration for services.* ( 1 ) Except as provided in subparagraph (2) of this paragraph, the amounts referred to in paragraph (a) of this section include any remuneration for services performed by an employee for an employer which, without regard to this section, does not constitute wages under section 3401(a). For example, remuneration for services performed by an agricultural worker or a domestic worker in a private home (amounts which are specifically excluded from the definition of wages by section 3401(a) (2) and (3), respectively) are amounts with respect to which a voluntary withholding agreement may be entered into under section 3402(p). See §§ 31.3401(c)-1 and 31.3401(d)-1 for the definitions of “employee” and “employer”.
( 2 ) For purposes of this paragraph, remuneration for services shall not include amounts not subject to withholding under § 31.3401(a)-1(b)(12) (relating to remuneration for services performed by a permanent resident of the Virgin Islands), § 31.3401(a)-2(b) (relating to fees paid to a public official), section 3401(a)(5) (relating to remuneration for services for foreign government or international organization), section 3401(a)(8)(B) (relating to remuneration for services performed in a possession of the United States (other than Puerto Rico) by citizens of the United States), section 3401(a)(8)(C) (relating to remuneration for services performed in Puerto Rico by citizens of the United States), section 3401(a)(11) (relating to remuneration other than in cash for service not in the course of employer's trade or business), section 3401(a)(12) (relating to payments from or to certain tax-exempt trusts, or under or to certain annuity plans or bond purchase plans), section 3401(a)(14) (relating to group-term life insurance), section 3401(a)(15) (relating to moving expenses), or section 3401(a)(16)(A) (relating to tips paid in any medium other than cash).
[T.D. 7096, 36 FR 5216, Mar. 18, 1971]
§ 1.707-8 Disclosure of certain information. ( a ) *In general.* The disclosure referred to in § 1.707-3(c)(2) (regarding certain transfers made within two years of each other), § 1.707-5(a)(7)(ii) (regarding a liability incurred within two years prior to a transfer of property), and § 1.707-6(c) (relating to transfers of property from a partnership to a partner in situations analogous to those listed above) is to be made in accordance with paragraph (b) of this section.
( b ) *Method of providing disclosure.* Disclosure is to be made on a completed Form 8275 or on a statement attached to the return of the transferor of property for the taxable year of the transfer that includes the following: ( 1 ) A caption identifying the statement as disclosure under section 707;
( 2 ) An identification of the item (or group of items) with respect to which disclosure is made;
( 3 ) The amount of each item; and
( 4 ) The facts affecting the potential tax treatment of the item (or items) under section 707.
( c ) *Disclosure by certain partnerships.* If more than one partner transfers property to a partnership pursuant to a plan, the disclosure required by this section may be made by the partnership on behalf of all the transferors rather than by each transferor separately.
[T.D. 8439, 57 FR 44988, Sept. 30, 1992]