Wednesday, March 25, 2009

Structured settlement

A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant accepts to resolve a personal injury tort claim or to compromise a statutory periodic payment obligation. Structured settlements were first utilized in Canada and the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, rules and standards for structured settlements. Structured settlements may include income tax and spendthrift requirements as well as benefits. Structured settlement payments are sometimes called “periodic payments.” A structured settlement incorporated into a trial judgment is called a “periodic payment judgment."

Internal Revenue Code

The Internal Revenue Code (or IRC; more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic statutory tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, gift taxes, estate taxes and statutory excise taxes. The Internal Revenue Code is published as Title 26 of the United States Code (USC), and is also known as the internal revenue title.

Genesis of tax codes in the United States

Prior to 1874, U.S. statutes were not codified. That is, they were not set forth in one comprehensive subject matter title, but were instead contained in the various acts passed by Congress. Codifications of statutes (including tax statutes) undertaken in 1873 resulted in the Revised Statutes of the United States, approved June 22, 1874, effective for the laws in force as of December 1, 1873 (title 35 of which was the internal revenue title). Another codification was undertaken in 1878.

In 1919, a committee of the U.S. House of Representatives began a project to recodify U.S. statutes which eventually resulted in a new code in 1926 (including tax statutes).

Internal Revenue Code of 1939

The tax statutes were re-codified by an Act of Congress on February 10, 1939 as the "Internal Revenue Code" (later known as the "Internal Revenue Code of 1939"). The 1939 Code was published as volume 53, Part I, of the United States Statutes at Large and as title 26 of the United States Code. Subsequent permanent tax laws enacted by the United States Congress updated and amended the 1939 Code.

U.S. Code collection

Section 1, act May 24, 1924, ch. 182, § 8, formerly § 1, 43 Stat. 140; renumbered § 8 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207, related to establishment of Foreign Service.
Section 1a, act May 3, 1945, ch. 105, § 1, 59 Stat. 102, related to Congressional declaration of purpose.
Section 2, act May 24, 1924, ch. 182, § 9, formerly § 2, 43 Stat. 140; renumbered § 9 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207, related to definition of a Foreign Service officer and assignment to duty generally.
Section 3, act May 24, 1924, ch. 182, § 10, formerly § 3, 43 Stat. 140; renumbered § 10 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1207; Apr. 24, 1939, ch. 84, § 2, 53 Stat. 583; May 3, 1945, ch. 105, §§ 4, 5, 59 Stat. 102, 103, related to grading, classification, and compensation of officers.
Section 3a, act May 24, 1924, ch. 182, § 33, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1215; amended Apr. 24, 1939, ch. 84, § 4, 53 Stat. 588, related to salary increases.
Section 4, act May 24, 1924, ch. 182, § 11, formerly § 4, 43 Stat. 140; renumbered § 11 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1215; June 29, 1935, ch. 337, 49 Stat. 436, related to appointment and commission of officers.
Section 5, act May 24, 1924, ch. 182, § 12, formerly § 5, 43 Stat. 141; renumbered § 12 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1208, related to examination and appointment on probation of officers.
Section 6, act May 24, 1924, ch. 182, § 12, formerly § 5, 43 Stat. 141; renumbered § 12 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1208, related to appointment to a class and not to a particular post.
Section 7, act May 24, 1924, ch. 182, § 14, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1208; amended May 3, 1945, ch. 105, § 6, 59 Stat. 103, related to reports and recommendations for promotions.

United States Court for China

The United States Court for China was a United States District Court that had jurisdiction over U.S. citizens in China. It existed from 1906 and 1943 and had jurisdiction in civil and criminal matters, with appeals taken to the U.S. Court of Appeals for the Ninth Circuit in San Francisco.

The District had only one judge, and those on trial sometimes had to wait months for proceedings. The District also grew to incorporate the Philippines and Guam in its jurisdiction.

Because the court was based outside of the United States, the United States Constitution did not apply; there was no right to a jury trial nor to constitutional due process.

Medicaid

Medicaid is the United States health program for eligible individuals and families with low incomes and resources. It is a means-tested program that is jointly funded by the states and federal government, and is managed by the states.[1] Among the groups of people served by Medicaid are eligible low-income parents, children, seniors, and people with disabilities. Being poor, or even very poor, does not necessarily qualify an individual for Medicaid.[2] It is estimated that approximately 60 percent of poor Americans are not covered by Medicaid.[3] Medicaid is the largest source of funding for medical and health-related services for people with limited income in the US. Because of the aging population, the fastest growing aspect of Medicaid is nursing home coverage

HIV

Medicaid is also the program that provides the largest portion of federal money spent on health care for people living with HIV. Typically, poor people who are HIV positive must progress to AIDS (T-cell count of 200 or under) before they can qualify under the "disabled" category. More than half of people living with AIDS are estimated to receive Medicaid payments. Two other programs that provide financial assistance to people living with HIV/AIDS are the Social Security Disability Insurance (SSDI) and the Supplemental Security Income. However, Medicaid eligibility policy contrasts with the Journal of the American Medical Association (JAMA) guidelines which recommend therapy for all patients at 350 or certain patients higher, and according to a new recent large scale study, asymptomatic HIV positive patients who started on medication with T-cell counts 350 to 500 had a 70 percent higher survival rate than those who waited. This study's results show that waiting even until the cell count reaches 350 (current JAMA recommendation) increases the risk of death.[13] As many patients cannot afford expensive medicines without Medicaid help, HIV annual death counts have failed to decline significantly since 2002.