In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: evidence suggesting that each of the hotel stays involved the same individual, (e.g., the perpetrator gave the same fictitious address and/or fictitious telephone number; tips on credit card vouchers were in such amounts that the totals rounded off to even dollar amounts, the perpetrator departed prior to the scheduled end of his stay without checking out). "Evidence of this kind may be sufficient alone to establish a perpetrator's identity. See United States v. Milhollan, 599 F.2d 518, 524-25 (3d Cir.1979) (finding similar modus operandi evidence probative of identity); 2 Jack B. Wein-stein & Margaret A. Berger, Weinstein's Evidence 404[16] (1992) (discussing "signature" evidence in context of Fed.R.Evid. 404(b))." See also Featherstone v. Estelle, 948 F.2d 1497 (9th Cir.1991) (<HOLDING>). Evidence of individual modus operandi may be
Holding statements: (A) holding that admission of testimony which denominated appellants modus operandi in previously uncharged and charged crimes was not clearly erroneous (B) holding that rule 404b evidence is probative of intent only when the prior acts were part of the same scheme or involved a similar modus operandi as the present offense (C) holding that prior con victions are not related simply because the crimes used the same modus operandi were part of a crime spree or shared the same motive (D) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (E) holding other crimes evidence was properly admitted to establish modus operandi when the defendant attacked older women as they exited their garages in the same area of chicago
[EX A]: (A)

[EX Q]: See Lorber 675 F.2d at 1067. The court noted that the classification of the surcharge as a non-tax fee was "a close question," but concluded that because the surcharge was triggered by "voluntary" choice, the surcharge was possessed more of the character of a service fee than that of a tax. See id. The Lorber court also held that extending priority status to the surcharge was contrary to the trend of then-recent amendments to 64 of the old Bankruptcy Act, which tended toward the erosion of the preferred status of taxes. See id., 675 F.2d at 1067-68. The court explained that, following the grant by Congress of priority status to claims for taxes, the federal government and its state and local counterparts began to increase the types and levels of taxation. See id. (citing S. REP. NO. (<HOLDING>). Even courts in the Ninth Circuit, purporting
Holding statements: (A) holding that reimbursement claims were excise taxes under lorber (B) holding that ohios reimbursement claims met the lorber criteria but were not excise taxes because they were not universally applicable to similarly situated entities and in addition disadvantaged private creditors with like claims (C) holding west virginias reimbursement claims were excise taxes under lorber suburban ii and the chateaugay district court decision (D) holding reimbursement claims were excise taxes under the lorber test without addressing the bankruptcy codes central policy of equal distribution (E) holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii
[EX A]: (E)

[EX Q]: (Fed.Cir.1985). "Further, as an additional precaution against denying a party its chance to prove a worthy case, any doubt as to the presence or absence of disputed issues of material fact must be resolved in favor of the presence of disputed issues, or in other words in favor of the party opposing summary judgment." Lemelson, 760 F.2d at 1261. The onus placed upon a movant for summary judgment on a claim of inequitable conduct is especially heavy, as the claim necessarily involves determinations as to the intent of the party accused of practicing the fraud and the materiality of his alleged misrepresentations or omissionsissues which are typically not appropriate for resolution in a summary fashion. Kangaroos U.S.A., Inc. v. Caldor, Inc., 778 F.2d 1571, 1573-74, 1577 (Fed.Cir.1985) (<HOLDING>). B. Unenforceability Because of Inequitable
Holding statements: (A) holding that intent is a separate element and evidence relating to intent is irrelevant to determining whether an object is a criminal instrument (B) holding the connection is an element (C) holding that by including a knowledge element in two sections of a statute the legislature demonstrated that it knew how to express its intent to require a knowledge element rendering the absence of the element in another statute supportive of the inference that the legislature did not intend for there to be a knowledge element (D) holding that specific intent is an element of attempted illegal reentry (E) holding that evaluation of the intent element of inequitable conduct is rarely enabled in summary proceedings
[EX A]:
(E)