alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I

103D CONGRESS

1ST SESSION H. R. 2439

To amend the Internal Revenue Code of 1986 to allow for an unlimited

number of shareholders in an S corporation if all of the shareholders

are members of the same family.

IN THE HOUSE OF REPRESENTATIVES

JUNE 16, 1993

Mr. SHAW introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to allow for

an unlimited number of shareholders in an S corporation

if all of the shareholders are members of the same

family.

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

3 (a) IN GENERAL.—Subsection (b) of section 1361

4 (relating to small business corporations) is amended by

5 adding at the end thereof the following new paragraph:

6 ‘‘(3) EXCEPTION FOR FAMILY-HELD CORPORA7 TION.—
2

•HR 2439 IH

1 ‘‘(A) IN GENERAL.—Subparagraph (A) of

2 paragraph (1) shall not apply to a corporation

3 all of the shareholders of which are members of

4 the same family.

5 ‘‘(B) MEMBERS OF THE SAME FAMILY.—

6 For purposes of this paragraph, the term

7 ‘‘members of the same family’’ means the lineal

8 descendants of a common ancestor and the

9 spouses (or former spouses) of such lineal de10 scendants or common ancestor.

11 ‘‘(C) COMMON ANCESTOR.—For purposes

12 of this paragraph, an individual shall not be

13 considered a common ancestor if, as of the later

14 of the effective date of this paragraph or the

15 time the election under section 1362(a) is

16 made, the individual is more than four genera17 tions removed from the youngest generation of

18 shareholders.

19 ‘‘(D) EFFECT OF ADOPTION.—Individuals

20 related by legal adoption or by half-blood shall

21 be treated as related by whole blood.

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

23 subsection (a) shall apply with respect to taxable years be24 ginning on or after the date of enactment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FORM 10QSB - CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1999 AND
CONSOLIDATED STATEMENT OF EARNINGS (LOSS) FOR THE THREE MONTH PERIOD
ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                                               <C>
<PERIOD-TYPE>                                      3-MOS
<FISCAL-YEAR-END>                                 DEC-31-1999
<PERIOD-START>                                    APR-01-1999
<PERIOD-END>                                      JUN-30-1999
<CASH>                                                 29,018
<SECURITIES>                                                0
<RECEIVABLES>                                          74,221
<ALLOWANCES>                                                0
<INVENTORY>                                                 0
<CURRENT-ASSETS>                                      144,739
<PP&E>                                                180,561
<DEPRECIATION>                                              0
<TOTAL-ASSETS>                                        658,967
<CURRENT-LIABILITIES>                                 375,538
<BONDS>                                                     0
<COMMON>                                                7,055
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<OTHER-SE>                                            283,429
<TOTAL-LIABILITY-AND-EQUITY>                          658,967
<SALES>                                               115,407
<TOTAL-REVENUES>                                      115,407
<CGS>                                                  10,100
<TOTAL-COSTS>                                          10,100
<OTHER-EXPENSES>                                      205,993
<LOSS-PROVISION>                                            0
<INTEREST-EXPENSE>                                         56
<INCOME-PRETAX>                                      (100,630)
<INCOME-TAX>                                                0
<INCOME-CONTINUING>                                  (100,630)
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                         (100,630)
<EPS-BASIC>                                            0.00
<EPS-DILUTED>                                            0.00


</TABLE>
Exhibit 31.2 

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER 

PURSUANT TO RULE 13a-14(a) UNDER 

THE SECURITIES EXCHANGE ACT OF 1934 

 

I, Jordan M. Copland, Chief Financial Officer of GSI Commerce, Inc., certify that: 

 

1. I have reviewed this report on Form 10-Q of GSI Commerce, Inc.;

 

2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) [Intentionally Omitted.] 

 

c) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

d) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function):

 

a) all significant deficiencies and material weaknesses inthe design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controls over financial reporting. 

 

November 7, 2003
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 Defense

###### Office of the Secretary

# AGENCY:

Department of Defense, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics).

# ACTION:

Notice of advisory committee meeting. 

# SUMMARY:

The Threat Reduction Advisory Committee will meet in closed session on Thursday April 5, 2001, at the Pentagon.

The mission of the Committee is to advise the Under Secretary of Defense (Acquisition, Technology, and Logistics) on technology security, counterproliferation, chemical and biological defense, sustainment of the nuclear weapons stockpile, and other matters related to the Defense Threat Reduction Agency's mission.

In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. Appendix II, (1994)), it has been determined that this Committee meeting concerns matters listed in 5 U.S.C. 552b(c)(1) (1994), and that accordingly the meeting will be closed to the public.

# DATE:

Thursday April 5, 2001, (8 a.m. to 6 p.m.).

# ADDRESS:

Room 3E869, The Pentagon, Washington, DC 20301.

# FOR FURTHER INFORMATION CONTACT: 

Colonel Rick Baker, Defense Threat Reduction Agency/AST, 8725 John J. Kingman Road MS 6201, Fort Belvoir, VA 22060-6201. Phone: (703) 767-4759.

Dated: February 13, 2001.

L.M. Bynum,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 01-4046  Filed 2-16-01; 8:45 am]

BILLING CODE 5001-10-M
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.                  

###### Overseas Private Investment Corporation

# Time and Date: 

2 p.m., Thursday, March 8, 2001.

# Place: 

                        Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue, NW., Washington, DC.                              ( print page 11189)    

# Status: 

Hearing open to the public at 2 p.m.

# Purpose: 

In conjunction with the quarterly meeting of OPIC's Board of Directors, to afford an opportunity for any person to present views regarding the activities of the Corporation.

# Procedure: 

Individuals wishing to address the hearing orally must provide advance notice to OPIC's Corporate Secretary no later than 5 p.m., March 7, 2001. The notice must include the individual's name, organization, address, and telephone number, and a concise summary of the subject matter to be presented.

Oral presentations may not exceed ten (10) minutes. The time for individual presentations may be reduced proportionately, if necessary, to afford all participants who have submitted a timely request to participate an opportunity to be heard.

Participants wishing to submit a written statement for the record must submit a copy of such statement to OPIC's Corporate Secretary no later than 5 p.m., March 7, 2001. Such statements must be typewritten, double-spaced and may not exceed twenty-five (25) pages.

Upon receipt of the required notice, OPIC will prepare an agenda for the hearing identifying speakers, setting forth the subject on which each participant will speak, and the time allotted for each presentation. The agenda will be available at the hearing.

A written summary of the hearing will be compiled, and such summary will be made available, upon written request to OPIC's Corporate Secretary, at the cost of reproduction.

# Contact Person for Information: 

Information on the hearing may be obtained from Connie M. Downs at (202) 336-8438, via facsimile at (202) 408-0297, or via email at cdown@opic.gov.

Dated: February 20, 2001.

Connie M. Downs,

OPIC Corporate Secretary.

[FR Doc. 01-4489 Filed 2-20-01; 11:48 am]

BILLING CODE 3210-01-M
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JP
REALTY, INC. FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          $5,603
<SECURITIES>                                         0
<RECEIVABLES>                                    6,329
<ALLOWANCES>                                     (570)
<INVENTORY>                                          0<F1>
<CURRENT-ASSETS>                                     0
<PP&E>                                               0<F2>
<DEPRECIATION>                                       0<F2>
<TOTAL-ASSETS>                                 545,684
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   545,684
<SALES>                                              0
<TOTAL-REVENUES>                                82,973
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                40,844<F3>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,066
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    133
<CHANGES>                                            0
<NET-INCOME>                                    27,321
<EPS-PRIMARY>                                    $1.56
<EPS-DILUTED>                                    $1.55
<FN>
<F1>The financial statements reflect an unclassified balance sheet due to the
nature of the Company's industry - Real Estate Investment Trust.
<F2>The Company utilizes a condensed balance sheet format for 10-k reporting.
Amounts are included in Other Assets.
<F3>Amount is comprised of $49,910 of expenses less interest expense of $9,066
reflected elsewhere in this Financial Data Schedule.
</FN>
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6808

LANDON FUNDERBURK,

Plaintiff - Appellant,

versus

JANET RENO; J. M. VANYUR, Warden; MARK HENRY;

ED CROSLEY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District

Judge. (CA-97-234-5-F)

Submitted: August 14, 1997 Decided: August 25, 1997

Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior

Circuit Judges.

Affirmed by unpublished per curiam opinion.

Landon Morris Funderburk, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971).

2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his Bivens* complaint. 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. Funderburk v. Reno,

No. CA-97-234-5-F (E.D.N.C. May 21, 1997). We dispense with 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
#### Ayalew MERGIA, Plaintiff-Appellant, v. Anne Marie ADAMS, Defendant-Appellee.

No. 09-16604.

United States Court of Appeals, Ninth Circuit.

Submitted July 15, 2010.*

Filed Dec. 1, 2010.

Ayalew Mergia, Alexandria, VA, pro se.

Christie Mitchell, Law Offices of Christie B. Mitchell, Orangeville, CA, for Defendant-Appellee.

Before: HUG, BEEZER and HALL, Circuit Judges.

*

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

MEMORANDUM **

Ayalew Mergia appeals from the district court’s grant of summary judgment in favor of his former wife, Anne Marie Adams. Mergia sued Adams, among other reasons, to enforce an Affidavit of Support (Form 1-864) that she filed pursuant to 8 U.S.C. § 1183a. The district court applied judicial estoppel and granted Adams’s motion because Mergia did not schedule the Affidavit of Support as an asset or list it as exempt in his Chapter 7 bankruptcy proceeding.1 We review a district court’s grant of summary judgment de novo. *Rockwell Int’l Corp. v. Hanford Atomic Metal Trades Council,*851 F.2d 1208, 1210 (9th Cir.1988). We review a district court’s application of judicial estoppel for *148an abuse of discretion. *Broussard v. Univ. of Cal.,*192 F.3d 1252, 1255 (9th Cir.1999). We have jurisdiction under 28 U.S.C. § 1291. We affirm.

The facts of this case are known to the parties. We do not repeat them.

When a party attempts to assert a cause of action “not raised in a reorganization plan or otherwise mentioned in the debt- or’s schedules or disclosure statements,” judicial estoppel prevents that party from asserting that claim. *Hamilton v. State Farm Fire & Casualty Co.,*270 F.3d 778, 783 (9th Cir.2001). Mergia did not disclose the Affidavit of Support (Form I-864) in his Chapter 7 bankruptcy proceeding, and so he is estopped from now seeking its enforcement.

Mergia raises no other colorable claims. He attempts to sue Adams, his ex-wife, under 42 U.S.C. § 1983, and the district court correctly concluded that she cannot be held liable as a state actor. *See Crowe v. County of San Diego,*608 F.3d 406, 440 (9th Cir.2010). Mergia also asks the court to issue orders reversing various decisions of the state courts. The district court correctly abstained from hearing these claims under the *Roolter-Feldman*doctrine. *See D.C. Court of Appeals v. Feldman,*460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); *Rooker v. Fidelity Trust Co.,*263 U.S. 413, 415, 44 S.Ct. 149, 68 L.Ed. 362 (1923).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. Mergia filed a motion to introduce new evidence on September 24, 2010. We deny Mergia's motion because we are bound by the record on appeal. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir.1990) (noting that ‘‘[djocuments or facts not presented to the district court are not part of the record on appeal”). We note, however, that even if Mergia were allowed to introduce additional evidence, it would not change the fact that Mergia failed to disclose the Affidavit of Support on his schedules.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>  1000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1996
<PERIOD-END>                               JUN-30-1997             JUN-30-1997
<CASH>                                           12317                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   242930                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                      12388                       0
<CURRENT-ASSETS>                                324868                       0
<PP&E>                                          174408                       0
<DEPRECIATION>                                   56337                       0
<TOTAL-ASSETS>                                  730259                       0
<CURRENT-LIABILITIES>                           172157                       0
<BONDS>                                         278978                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           249                       0
<OTHER-SE>                                      234156                       0
<TOTAL-LIABILITY-AND-EQUITY>                    744954                       0
<SALES>                                         610131                  312667
<TOTAL-REVENUES>                                610131                  312667
<CGS>                                           492839                  253196
<TOTAL-COSTS>                                   492839                  253196
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               13138                    6168
<INCOME-PRETAX>                                  38769                   19606
<INCOME-TAX>                                     17994                    9095
<INCOME-CONTINUING>                              20775                   10511
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                 (9985)                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     10790                   10511
<EPS-PRIMARY>                                      0.4                    0.39
<EPS-DILUTED>                                      0.4                    0.39