News On The Tax Front--The latest tax news.
IRS Warns of Scheme to Steal Identity and Financial Data
IRS and State Partnership Moves Forward to Improve Compliance and Service
IRS Changes Procedure for U.S. Residency Certification
In Brief:--Tax, business, and personal finance tips.
Previously Reported In Daily Update
In Paul J. Hudson (2004-1 USTC 50,241; U.S. District Court, No. Dist. N.Y.) the Court found that the taxpayer could contest at a Collection Due Process hearing the interest and penalties on a trust fund tax liability that had been agreed to with the IRS. The Court reasoned that the additional obligations were not previously assessed.
If you do business as a regular (C) corporation and have multiple corporations linking through a common parent, losses of one subsidiary can be used to offset profits in another. In The Falconwood Corporation (2004-1 USTC 50,242; U.S. Court of Federal Claims) the taxpayer restructured the corporation so that it could take advantage of S corporation status because of changes in the tax law. The IRS argued that the restructuring should be treated as a single transaction that terminated the consolidated group and its taxable year. The taxpayer argued the group survived the "downstream merger" allowing it to file a consolidated tax return for the full taxable year and allowing a carryback of losses to earlier years. The Court sided with the IRS, finding the taxpayer was not entitled to the exception in Reg. Sec. 1.1502-75(d)(2)(ii).
Different types of property fall into different depreciation classes and are depreciated over different lives. For example, office furniture is in the 7-year class; computers are in the 5-year class. Tangible assets are frequently broken down into two classes--personal property (e.g., furniture, computers, etc.) and real property (e.g., buildings, bridges, etc.). One way the IRS uses to distinguish the two types is whether the property is easily movable. One classic example is the movable partition in the average office. They're personal property since they're easily movable and were designed to be moved. They would generally be depreciable over 7 years. On the other hand, a steel stud and drywall wall would be part of the building or leasehold improvement and generally depreciable over 39 years. In PDV America, Inc. and Subsidiaries (T.C. Memo. 2004-118) the IRS argued that the company's large storage tanks were "land improvements" and had to be depreciated over 15 years. The company contended that the tanks fell into the category of assets under "distributive trades and services" and were entitled to a 5-year life. The company noted the tanks were movable, by one of several methods, and had indeed been moved. The Tax Court looked at the 6 factors used in prior cases:
Rev. Proc. 2004-37 (IRB 2004-26) provides a method for determining the source of a pension payment to a nonresident alien individual from a defined benefit plan where the trust forming part of the plan is a trust created or organized in the U.S. that constitutes a qualified trust under Section 401(a) of the Code.
In Oren L. Benton (122 TC--, No. 20) the taxpayer sought to use NOLs that arose before and during his bankruptcy proceeding. Under Section 1398(i), petitioner would succeed to such tax attributes upon the "termination of an estate". The taxpayer contended that, in the context of his chapter 11 bankruptcy reorganization, the estate terminated at the time of the confirmation of the plan of reorganization and discharge of the debtor. The IRS contended that the bankruptcy estate does not terminate until the bankruptcy proceeding is formally closed. The Court held that the bankruptcy estate terminated on the confirmation of the plan of reorganization and discharge and that the losses succeeded to from the estate could be used, to the extent permitted in Section 172, in the debtor's taxable years beginning with the year in which the bankruptcy commenced.
You can't treat the same issue differently. That's basically what the "duty of consistency" says. In Conrad Janis and Maria G. Janis (T.C. Memo. 2004-117) the taxpayers inherited an art gallery. On the estate tax return they took various discounts (e.g., for the large number of works, etc.) for the art works. The IRS agreed to the discounts. After the assessment period was over, the taxpayers later the undiscounted value for the works in computing the cost of goods sold for the income of the gallery. The Court sided with the IRS in holding that the taxpayers had the duty of consistency to value the works at the same amount as reported on the estate tax return.
While the IRS and courts can often provide some leeway when it comes to substantiating your deductions, that's not true for some expenses. In Victor Woods (T.C. Memo. 2004-114) the Tax Court sided with the IRS in disallowing deductions related to travel expenses, autos, computers and cell phones. The Court noted that autos, computers and cell phones are generally listed property and require more stringent recordkeeping requirements. The taxpayer failed to produce records or documents to substantiate the mileage and the amount, time, and business purpose of the expenses paid or incurred for the car. The taxpayer also failed to produce records or documents to substantiate any business travel, computer or peripheral equipment, or a cellular telephone. The Court also disallowed deductions related to a home office because the taxpayer produced no evidence to show that any part of his home was used exclusively and regularly for business or otherwise qualifies for an exception from the general rule of Section 280A disallowing expenses of a dwelling unit used by the taxpayer as a personal residence.
In Rev. Rul. 2004-60 (IRB 2004-24) the IRS ruled that the transfer of interests in nonstatutory stock options and in nonqualified deferred compensation from the employee spouse to the nonemployee spouse incident to a divorce does not result in a payment of wages for FICA and FUTA tax purposes. The nonstatutory stock options are subject to FICA and FUTA taxes at the time of exercise by the nonemployee spouse to the same extent as if the options had been retained by the employee spouse and exercised by the employee spouse. The nonqualified deferred compensation also remains subject to FICA and FUTA taxes to the same extent as if the rights to the compensation had been retained by the employee spouse. To the extent FICA and FUTA taxation apply, the wages are the wages of the employee spouse. The employee portion of the FICA taxes is deducted from the wages as and when the wages are taken into account for FICA tax purposes. The employee portion of the FICA taxes is deducted from the payment to the nonemployee spouse.
Amounts received in a lawsuit are generally fully taxable. There's an exception for amounts received on account of physical injury. In Paul S. Lindsey, Jr., and Kristen L. Lindsey (T.C. Memo. 2004-113) the Court noted that the taxpayer was awarded $2 million "in settlement of his claims for tortious interference with contracts, for personal injury including injury to [petitioner's] personal and professional reputation and emotional distress, [and] humiliation and embarrassment". The taxpayers argued that the settlement clearly indicated the amounts were paid for personal injury. The Court disagreed, noting the requirement is personal physical injury or physical sickness. Congress explicitly excluded from the definition of physical injuries or physical sickness emotional distress and related injuries and injury to reputation, humiliation, and embarrassment are akin to emotional distress. The taxpayers argued that the stress of the buyout could lead to hypertension (high blood pressure) and if untreated, that can lead to strokes, heart attacks, and kidney disease. The Court said what petitioner might have suffered had his hypertension gone untreated, however, is not any injury for which he made claim or for which he was compensated. Thus, the amounts were fully taxable. In addition, the Court found the taxpayer liable for the accuracy-related penalty.
In Mary A. Robert (2004-1 USTC 50,233; U.S. Court of Appeals, 8th Circuit) the Court upheld a District Court ruling allowing the IRS to enforce third-party summonses issued in connection with a gift tax examination. The Court found the summons was issued for a legitimate purpose. The fact that the IRS conducted improper ex parte communications did not affect the summons.
You may be able to recover your attorney fees if you prevail with the IRS and can show that the Service's position was not substantially justified. In Vincent A. Tifer (2004-1 USTC 50,234; U.S. District Court, Mid. Dist. Fla.; Tampa Div.) the Court awarded an individual who was a responsible party for payroll taxes an allocable portion of his attorney's fees. The Court found the IRS was substantially justified in its action for certain periods with respect to payroll taxes, but not for others.
You don't have to take a distribution from a qualified retirement plan or annuity in order for a taxable event to occur. Under Sec. 72, assignments or pledges of an interest in a plan will be treated the same as a taxable distribution from that plan. In Larry Armstrong, Coleen Armstrong (2004-1 USTC 50,238; U.S. Court of Appeals, 8th Circuit) the taxpayers argued that a life insurance policy and not the annuity should have been assigned as security for a loan. The Court noted that when the taxpayers defaulted on the loan, they allowed the annuity to be used to satisfy the loan. The Court found the assignment was a taxable event.
Because the taxpayer had an opportunity to challenge a proposed assessment of a trust fund recovery penalty for 60 days before the assessment the Court found that the taxpayer could not challenge his liability for the penalty at a Collection Due Process hearing. Bernard N. Muller III (2004-1 USTC 50,239; U.S. District Court, Mid. Dist. Tenn., Nashville Div.)
The House has passed, by a 418-0 vote, the Simple Tax for Seniors bill (H.R. 4109). By adding an extra line for pension and Social Security income to the Form 1040EZ. It's estimated some 15 million seniors would be eligible to use the new Form 1040S. Another bill would raise the income limitation for the 1040EZ to $100,000 and add lines for capital gains and dividend income.
In Rev. Rul. 2004-62 (IRB 2004-25) the IRS ruled that costs incurred by a timber grower for the post-establishment fertilization of an established timber stand are ordinary and necessary business expenses deductible under Sec. 162 and do not have to be capitalized. (Certain costs incurred by timber growers for silvicultural practices performed in established timber stands are ordinary and necessary business expenses deductible under Sec. 162. These costs include amounts incurred for labor and materials for fire, disease, insect, and brush control. These costs are incurred for the management, maintenance, and protection of the timber stand and are not incurred to materially add value to the timber stand, substantially prolong its useful life, or adapt the timber stand to a new or different use. Accordingly, these costs are not required to be capitalized under Sec. 263.) The revenue ruling also provides guidance for taxpayers who want to change their method of accounting to comply with the ruling. While Form 3115 must be filed, the change is automatic.
The IRS has announced (IR-2004-76) that interest rates on under- and overpayments for the calendar quarter beginning July 1, 2004 will drop by one percentage point, returning to the levels held from last October through March of this year. The new rates will be:
Distributions from qualified retirement plans before you reach age 59-1/2 are generally subject to a 10% penalty. There are several exceptions, including disability, equal distributions after retirement, etc. In James J. Milner and Marilyn R. Milner (T.C. Memo. 2004-111) the taxpayer tried to avoid the penalty by claiming Congress did not intend the penalty to apply to those who were forced into early retirment. But the Tax Court examined the Congressional intent and arrived at jus the opposite conclusion. It upheld the IRS imposition of the penalty.
Costs incurred to secure a lease or similar agreement can't be deducted immediately but must be capitalized and amortized over the life of the lease. In Basin Electric Power Cooperative (T.C. Memo. 2004-109) the taxpayer negotiated a modification of a lease to substantially reduce the annual cost. The taxpayer argued that the costs incurred to do so should be deductible. The Court did not agree. It said the modified agreement was for the same property and thus must be capitalized. (If the costs were incurred to simply cancel the agreement without replacing the property or replacing it with a different property, the costs would be deductible.) The taxpayer then argued that the costs, if they must be amortized, should be written off over the period of time over which the savings would flow. The Court again disagreed. It held the costs had to be amortized over the life of the new lease.
There are a number of tax bills in Congress that would result in significant cuts or extend cuts that would expire shortly. But there is now disagreement amongst some Republicans as to the wisdom of tax cuts without corresponding revenue offsets. That could put a damper on passage of these cuts.
In Rev. Proc. 2004-26 (IRB 2004-19) the IRS provided guidance for representatives of certain military or civilian employees of the U.S. who die as a result of injuries incurred in a terrorist or military action. It provides guidance for having tax forgiven or for claiming refunds of tax under Sec. 692(c) as amended by the Victims of Terrorism Tax Relief Act of 2001. It also provides procedures by which the IRS will determine whether a terrorist or military action has occurred.
Start-up costs are not deductible, but must be capitalized and, if an election is made, can be amortized over no less than 60 months. Start-up costs are those incurred in connection with investigating the creation or acquisition of an active trade or business, creating an active trade or business, or any activity engaged in for profit and for the production of income before the day on which the active trade or business begins, in anticipation of such activity becoming an active trade or business. In Paul D. and Gudrun G. Weaver (T.C. Memo. 2004-108) the Court found the taxpayers failed to show that their Schedule C efforts ever reached a point where there existed a commercial product to sell and/or that they were focused on selling, marketing, or distributing a specific product or products. Rather, the business, as of 1998, remained in an exploratory stage. The Court held the taxpayers were not engaged in a trade or business and, thus, the expenses were not deductible.
IRS Warns of Scheme to Steal Identity and Financial Data
The IRS is warning of a fraudulent scheme targeting non-resident aliens who have income from a United States source. The scheme uses fictitious IRS correspondence and an altered IRS form in an attempt to trick the foreign persons into disclosing their personal and financial data. The information fraudulently obtained is then used to steal the taxpayer's identity and financial assets.
This scheme has surfaced in South America, Europe and the Caribbean so far. "This is an international variation of an old scheme where scam artists try to get valuable information by pretending to be from the IRS," said IRS Commissioner Mark W. Everson. "Taxpayers should be wary of strangers trying to obtain sensitive personal information, whether it's in person, over the phone, through the mail or over the Internet."
Generally, identity thieves use someone's personal data to steal his or her financial accounts, run up charges on the victim's existing credit cards, apply for new loans, credit cards, services or benefits in the victim's name and even file fraudulent tax returns. In this particular scam, an altered IRS Form W-8BEN, "Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding," is sent with correspondence purportedly from the IRS to non-resident aliens who have invested in U.S. property, such as securities or bonds, and therefore have U.S.-sourced income. The correspondence claims that the recipient will be taxed at the maximum rate unless the requested personal and financial data is entered onto the form and the form is faxed to the phone number contained in the correspondence.
The correspondence's threat is baseless. In reality, the rate at which a non-resident alien pays tax to the U.S. depends on the terms of the tax treaty the U.S. has with the foreign person's country. There are about 2.5 million non-resident aliens who receive U.S.-sourced income, based on the number of Forms 1042-S that were issued last year. The 1042-S is used to report the amount of U.S. income a non-resident alien earned in that year and the taxes that were withheld.
The phony W-8BEN form asks the recipient for detailed personal and financial information, such as:
There is a legitimate IRS Form W-8BEN, which is used to establish the non-resident alien's foreign status and to determine whether the foreign person is subject to withholding of taxes. However, the genuine IRS Form W-8BEN does not ask for any of the personal information above, except, in some cases, for a Social Security or IRS-generated Taxpayer Identification Number.
In addition, genuine Forms W-8BEN are sent to the recipients by their financial institution, not by the IRS. The financial institution--whether bank, brokerage firm, insurance company or other--acts as the non-resident alien's withholding agent for any income subject to U.S. income tax that the foreign person received from a U.S. source. The W-8BEN is used by the financial institution to establish the appropriate tax withholding or to determine whether their customers meet the criteria for remaining exempt from tax reporting requirements. The real Form W-8BEN can be found on the IRS's Web site at www.irs.gov in the "Forms and Publications" section.
The IRS has already advised financial institutions to alert their overseas branches to warn their customers about this scam. The Treasury Inspector General for Tax Administration investigates a wide variety of offenses, including identity theft related to tax administration. Non-resident aliens who have received a fraudulent letter and form should report this to TIGTA by calling the toll-free fraud referral hotline at 1-800-366-4484, faxing a complaint to 202-927-7018 or writing to the TIGTA Hotline, P.O. Box 589, Ben Franklin Station, Washington, D.C. 20044-0589. TIGTA's Web site is located at www.ustreas.gov/tigta.
The information detailed above is all an identity thief needs to get a credit card or other financing in your name. While this scheme uses an IRS form, other approaches use an official sounding e-mail or similar correspondence to get you to send your personal data. Be suspicious. A bank, the IRS, or any other reputable financial institution or agency won't penalize you for being cautious and calling them back or visiting them.
IRS and State Partnership Moves Forward to Improve Compliance and Service
The IRS has announced (IR-2004-77) it has seen promising early results from a partnership with the states to target abusive tax avoidance schemes. So far, the IRS and states have uncovered tens of millions of dollars in previously unidentified abusive transactions during the early stages of the program. "We are pleased with the initial progress on this partnership," said IRS Commissioner Mark W. Everson. "We've already shared 28,000 leads with the states. We're going to build on this effort to pursue cheaters and expand the program to attack money laundering." Starting in September, the IRS, 48 states and the City of New York and the District of Columbia launched the Abusive Tax Avoidance Transaction (ATAT) partnership. Since then, more than 28,000 leads of those participating in such transactions have been shared between the state and federal government. In the months ahead, the IRS will work to assess and collect tax liabilities associated with the project.
Everson said the IRS and states are exploring new ways to extend cooperation with state tax administrators to reduce duplication, improve taxpayer service and intensify the fight against non-compliance with the state and federal tax systems. Tax administrators are looking into joint efforts to identify non-filers, detect the abusive use of offshore payment cards, uncover money laundering and provide one-stop Internet service to businesses and individuals seeking both state and federal employee identification numbers (EIN) for their enterprises. "When we began this partnership last year, both the IRS and state tax administrators recognized that coordinating our casework and working in tandem could improve compliance and assure the public that everyone is paying their fair share," Everson said.
There are a variety of joint initiatives with the states underway or under consideration, including:
In devising these initiatives, IRS and state officials have been careful to ensure that procedures governing communication on more routine taxpayer compliance efforts are unchanged. This maintains the important separation of federal and state tax authority and the protection of taxpayer privacy.
IRS Changes Procedure for U.S. Residency Certification
A new IRS tax form, Form 8802, Application for United States Residency Certification, will make it easier for U.S. individuals and businesses to establish that they are entitled to lower foreign tax rates provided by U.S. income tax treaties.
The U.S. has tax treaties with many countries, which generally will reduce the statutory tax rate for income paid to U.S. citizens and businesses investing or operating in those countries. Upon receiving proof of U.S. residency, some countries will allow withholding of that country's tax at the treaty-reduced rate, some even as low as zero. Beginning July 5, taxpayers who need proof of U.S. residence to qualify for lower treaty rates while working or investing overseas must use Form 8802. As in the past, IRS will then issue a letter that confirms the tax status of the taxpayer for purposes of claiming treaty benefits.
The new Form 8802 replaces the current procedure, which requires the requestor to write a letter to the IRS. The IRS issued more than 1.5 million residency certifications in 2003 and is expecting to issue nearly 3 million for 2004, largely because of the increase in investment overseas. Although the mandatory use of the form does not become effective until July, the IRS will accept and process the new Form 8802 immediately. The form can be either:
Faxed to the IRS at 215-516-1035 or 215-516-2485 (not toll-free numbers), or mailed to the following address:
Internal Revenue Service
Philadelphia Service Center
U.S. Residency Certification Request
P.O. Box 16347
Philadelphia, PA 19114-0447
U.S.A.
Generally, processing of the form and issuing the certification takes less than 30 days. The IRS anticipates that this will reduce both the amount of time it takes to process certification and reduce the number of errors. Once received, the certificate of U.S. residency should be included with the application materials required by the country where the individual or business is seeking the reduced tax rate.
Specific information on obtaining certification for reduced tax rates in tax treaty countries is available on the IRS Web site, IRS.gov. Click on "Businesses," then "International Businesses," then "News and Events." Or go to www.irs.gov/business/small/international. Form 8802 is available on the IRS Web site or by calling (toll-free) 1-800-TAX-FORM (1-800-829-3676).
Previously Reported In Daily Update
Is landscaping depreciable? . . . It's no longer an insignificant question. The cost of ornamental trees, shrubbery, perennials, etc. can add up to many thousands of dollars for rental and business properties. The IRS answered this question some years ago in Rev. Rul. 74-265. The Service held that landscaping, including clearing and grading, seeding, planting of perennial shrubbery and ornamental trees that would be destroyed should the buildings surrounded by the landscaping be replaced, would be depreciable as land improvements. However, landscaping on the perimeter of the tract of land would be considered a general land improvement and not depreciable. Those costs would have to be added to the cost of the land.
Read the fine print . . . While it may not be very ethical, you may find that when you pay for a product or service you're committing to future updates and orders. On one invoice for a technical manual the terms and conditions read "your order shall automatically renew and future supplements and revisions will be sent to you automatically, unless you give us notice of termination". It's a nice way of saying, if you pay this bill and don't tell us otherwise, you're agreeing to renew. You or your accounts payable department may assume that you've renewed and pay the invoice without question. You should have a procedure for checking on these automatically renewable expenditures. They can add up to substantial dollars.
Get energy conservation help . . . Many local electric companies will provide technical assistance in designing an energy conservation plan for your business. One will cover the first $10,000 of cost and then share in the cost up to $50,000. Help varies from just saving energy on existing facilities to input on the design of new plants or buildings. If your electric/gas company doesn't offer such a service, contact the appropriate department in your state.
Free checking account? . . . There's no doubt about it. Some ads for such accounts are come ons. How worthwhile is a free account where you have to keep a $10,000 balance without interest? Or where there's a heavy per transaction charge if you go over a limited number? But some banks offers are for real. You'll still pay fees on special services (such as bounced checks), but otherwise you'll get a good deal. Why? Some banks are realizing that checking accounts are "sticky". That is, if a customer has a checking account at the bank, they're much more likely to do their other banking there and are unlikely to move to a new bank for minor changes. If you can find them, there's no reason not to take them up on the offer.
Think 35% is too high a tax rate? . . . It's been worse. Much worse in fact. In 1944 and 1945 the top rate was 94% on taxable income over $200,000. From 1951 through 1964 the top rate was 91% on income over $200,000. As late as 1981 the top rate on unearned income (dividends, interest, etc.) was 70% on income over $215,000. It wasn't until 1987 that rates fell to more reasonable levels.
If you're going to do it, do it quickly . . . That's often sound advice for many business decisions, but it can be vitally important when it comes to information technology projects. While it might seem that delaying would result in lower costs (since the price of hardware almost always declines over time), just the opposite is often the case. Shifts in hardware and software can force changes to the project design and that can add to costs. And, if the project will result in cost savings, the sooner it's implemented, the larger the savings.
Caution on 529 plans . . . 529 plans are education savings vehicles. Earnings in the plans are free from federal taxes if the funds are used for qualified educational expenses. Most states provide the same income tax treatment. And some 26 states allow a deduction on your state tax return for at least some of the amounts contributed to such plans. The plans would almost be a no-brainer were it not for the fact that plans in some states are saddled with high fees, few investment choices (or a choice among poorly managed funds), and complicated options. Unless you anticipated your total investment to be small, you should spend the time to carefully evaluate your options. High fees and/or a poorly managed fund can cut by a third your overall return. That's enough to wipe out the tax savings in many cases. Picking the best approach can require relatively complicated financial analysis and can involve many options. Consider getting professional advice from an independent source before committing.
Can't choose year of deduction . . . Tax law generally specifies when you can take a deduction. For example, during 2004 you discover an employee has embezzled some $100,000 from the business. Your insurance policy has a $20,000 limit and, since despite a substantial effort on your part, the employee can't be located, you've got a loss of $80,000 ($100,000 less $20,000 insurance reimbursement) that has to be taken in 2004. On the other hand, if you expect to recover the full amount from the insurance company, but they're simply stalling, you can't take a deduction until the final loss is known. You might be able to delay some deductions, but the facts have to be on your side. For example, you're pretty sure that Madison Inc. won't be able to pay the $20,000 it owes you for services. But the company is still operating from one location and the receivable is only 5 months old. The IRS will generally disallow a deduction. However, if you make serious collection attempts before the end of the year, you lawyer threatens suit, etc. and you still haven't been paid, you may be able to take at least a partial bad debt deduction. In most cases you don't have much leeway and, if you fail to take a deduction in the correct year, you may not be able to do so at all. For example, you had a $2,500 loss on the sale of some stock in 2004. If you want to get the tax benefit, you'll have to claim it on your 2004 return. (It may have to be carried forward, but that's another issue.) Fail to report the loss in 2004 and you'll never be able to claim it. Forget to report a loss on a prior return? File an amended return.
Need to do a promotion on the cheap? . . . Use your imagination. Come up with an idea that creates interest that will spread on its own. A unique slogan, a button or bumper sticker that can't be bought, etc. can work. Creating interest in the promotion or premium can multiply your ad dollars.
Transfers to non-spouse partners subject to gift tax . . . There are a number of tax advantages to being married. One is that transfers from one spouse to another aren't subject to the gift tax rules. On the other hand, if you transfer more than $11,000 (2004 amount) to anyone, you have to file a gift tax return (the amount rises to $22,000 if your spouse joins in the gift). While there may be no immediate tax consequences, it could have a tax effect later. If a married couple separate, there are no tax consequences to a property settlement and alimony is taxable to the recipient and deductible by the payer. That's not true if there's a monetary settlement between you and an ex-partner. In fact, if you and your partner split and he or she receives a settlement, any transfer could require you to file a gift tax return. Similarly, amounts left to your partner in your will won't qualify for the marital deduction. There may be some ways to mitigate the tax impact. Talk to your attorney or financial advisor.
Copyright 2004 by A/N Group, Inc. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The information is not necessarily a complete summary of all materials on the subject.--ISSN 1089-1536