Global Update: Hand-Held Device Locates Hot Spots of Lead Contamination





Using a hand-held scanner to map hot spots where the soil is full of lead could protect children in mining towns against brain damage, scientists at Columbia University concluded in a new study.


Touched to the ground, the device, an X-ray fluorescence scanner, can measure the soil’s lead content in less than a minute, said Alexander van Geen, a geochemist at Columbia’s Lamont-Doherty Earth Observatory and an author of the study, which is in the current issue of the Bulletin of the World Health Organization. The “XRF guns,” which are often used by scrap-metal sorters, cost between $15,000 and $40,000.


His team tested the scanners in Cerro de Pasco, Peru, a town in the high Andes with mines dating back 1,400 years. Samples as close as 100 yards apart showed widely variable lead levels, so it is possible to find and mark off the areas most dangerous to young children, who get fine lead dust on their hands while playing and then put their fingers in their mouths.


“People assume the contamination is everywhere, and it’s not,” Dr. van Geen said. “It could be in one backyard and not in another.” Or, he said, in an untested playground, schoolyard, or any place where children gather.


The technology could be useful anywhere families live close to mines or smelters, which is common in Latin America and Africa, he said. Lead is a byproduct not just of lead mines, but of mining for gold, silver, copper and other metals.


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Seafood fraud widespread in N.Y., probe finds









There's a good chance that the white tuna sashimi served up at your favorite Manhattan sushi joint isn't white tuna at all.


Instead, 94% of the fish labeled as white tuna in New York turned out to be escolar, a type of snake mackerel with a toxin linked to digestive problems, according to an investigation by conservation and advocacy group Oceana.


DNA tests of 142 seafood samples taken from New York grocery stores, restaurants and sushi venues showed that 39% were mislabeled as different species, according to Oceana.





Earlier Oceana tests showed a 31% fraud rate in Miami, 48% in Boston and 55% in Los Angeles.


Quiz: The year in business


Out of 81 retail outlets probed in New York -- which included shops in Manhattan, Queens, Brooklyn, Staten Island, Commack, Scarsdale, Hudson and Edgewater, N.J. -- 58 featured improperly tagged items, the group said.


Small markets had a 40% fraud rate, it said, while 12% of items purchased at national chains were mislabeled. Each of the 16 sushi bars targeted served fish that didn’t match its menu description.


Seafood purported to be red snapper turned out to be tilapia, white bass, ocean perch and even tilefish, which sits on the U.S. Food and Drug Administration's do-not-eat list because of its high mercury content.


The U.S. currently imports more than 90% of its seafood.


"With an increasingly complex and obscure seafood supply chain, plus lagging federal oversight and inspection of rising seafood imports, it is difficult to identify who along the supply chain perpetrates the fraud," according to the Oceana report.


In October, celebrity chefs such as Mario Batali, Rick Bayless and Thomas Keller joined 500 other restaurant owners on an Oceana petition to stop seafood fraud.


ALSO: 


Seafood in L.A. frequently mislabeled, group says


Target commits to 100% sustainable, traceable fish by 2015


S.F. Chinese group sues over shark fin ban, alleges discrimination





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Latin music star Jenni Rivera believed dead in plane crash

Fans of Mexican-American singing star Jenni Rivera held a vigil Sunday night in Lynwood









MEXICO CITY — Mexican American singer Jenni Rivera, the "diva de la banda" whose commanding voice burst through the limits of regional Latin music and made her a cross-border sensation and the queen of a business empire, was believed to have died Sunday when the small jet carrying her and members of her entourage crashed in mountainous terrain.


Rivera, a native of Long Beach, was 43. Mexico's ministry of transportation did not confirm her death outright, but it said that she had been aboard the plane and that no one had survived the crash. Six others, including two pilots, also were on board.


"Everything suggests, with the evidence that's been found, that it was the airplane that the singer Jenni Rivera was traveling in," said Gerardo Ruiz Esparza, Mexico's secretary of communications and transportation. Of the crash site, Ruiz said: "Everything is destroyed. Nothing is recognizable."








Word of the accident ricocheted around the entertainment industry, with performer after performer expressing shock and grief. Fans gathered outside Rivera's four-acre estate in Encino.


"She was the Diana Ross of Mexican music," said Gustavo Lopez, an executive vice president at Universal Music Latin Entertainment, an umbrella group that includes Rivera's label. Lopez called Rivera "larger than life" and said that based on ticket sales, she was by far the top-grossing female artist in Mexico.


"Remember her with your heart the way she was," her father, Don Pedro Rivera, told reporters in Spanish on Sunday evening. "She never looked back. She was a beautiful person with the whole world."


Rivera had performed a concert in Monterrey, Mexico, on Saturday night — her standard fare of knee-buckling power ballads, pop-infused interpretations of traditional banda music and dizzying rhinestone costume changes.


At a news conference after the show, Rivera appeared happy and tranquil, pausing at one point to take a call on her cellphone that turned out to be a wrong number. She fielded questions about struggles in her personal life, including her recent separation from husband Esteban Loaiza, a professional baseball player.


"I can't focus on the negative," she said in Spanish. "Because that will defeat you. That will destroy you.... The number of times I have fallen down is the number of times I have gotten up."


Hours later, shortly after 3 a.m., Rivera is believed to have boarded a Learjet 25, which took off under clear skies. The jet headed south, toward Toluca, west of Mexico City; there, Rivera had been scheduled to tape the television show "La Voz" — Mexico's version of "The Voice" — on which she was a judge.


The plane, built in 1969 and registered to a Las Vegas talent management firm, reached 11,000 feet. But 10 minutes and 62 miles into the flight, air traffic controllers lost contact with its pilots, according to Mexican authorities. The jet crashed outside Iturbide, a remote city that straddles one of the few roads bisecting Mexico's Sierra de Arteaga national park.


Wreckage was scattered across several football fields' worth of terrain. An investigation into the cause of the crash was underway, and attempts to identify the remains of the victims had begun.


Rivera, a mother of five and grandmother of two, was believed to have been traveling with her publicist Arturo Rivera, who was not related to her, as well as with her lawyer, hairstylist and makeup artist; reports of their names were not consistent. Their identities were not confirmed by authorities. The pilots were identified as Miguel Perez and Alejandro Torres.


In the world of regional Latin music — norteƱo, cumbia and ranchera are among the popular niches — Rivera was practically royalty.


Her father was a noted singer of the Mexican storytelling ballads known as corridos. In the 1980s he launched the record label Cintas Acuario. It began as a swap-meet booth and grew into an influential and taste-making independent outfit, fueling the careers of artists such as the late Chalino Sanchez. Jenni Rivera's four brothers were associated with the music industry; her brother Lupillo, in particular, is a huge star in his own right.


Born on July 2, 1969, Rivera initially showed little inclination to join the family business. She worked for a time in real estate. But after a pregnancy and a divorce, she went to work for her father's record label and found her voice, literally and figuratively.


She released her first studio album in 2003, when she was 34.


Her path had not been easy, but rather than running from it, she wrote it into her music — domestic violence; struggles with weight; raising her children alone, or "sin capitan," without a captain. She was known for marathon live shows that left audiences exhilarated and exhausted; by the fifth hour of one recent performance, she was drinking straight from a tequila bottle and launching into a cover of "I Will Survive."


In a witty and sometimes baffling stew of Spanish and English, she sang about her three husbands, about drug traffickers, in tribute to her father, in tribute to her gynecologist.


She became, in a most unlikely way, a feminist hero among Latin women in Mexico and the United States and a powerful player in a genre of music dominated by men and machismo. Regional Mexican music styles had long been seen as limiting to artists, but Rivera shrugged off the labels and brought traditional-laced music — some of which sounded perilously close to polka — to a massive pop audience.





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Fla. man sues ex-Elmo puppeteer, claims sex abuse


MIAMI (AP) — Another man on Monday sued the former Elmo puppeteer who resigned amid sex abuse allegations, claiming the voice actor befriended him in Miami and promised to be a father figure before flying the teen to New York to have sex with him.


The alleged victim is now the fourth to accuse Kevin Clash, who resigned from "Sesame Street" last month after 28 years. The three legal actions filed so far have been civil cases seeking financial compensation.


But the incident with the latest victim, referred to only as S.M., could involve criminal charges because the lawsuit claims Clash transported him across state lines for the purpose of engaging in sexual activity.


Attorney Jeff Herman said he encouraged his client to report the incident to authorities but it's unclear if the now-33-year-old alleged victim has done so.


Sexual abuse allegations against Clash triggered a media frenzy last month. He quickly denied the first claim, which was recanted the next day. But Clash then resigned after a 24-year-old college student, Cecil Singleton, sued him for $5 million, saying the actor engaged in sexual behavior with him when he was 15.


Singleton claims the voice actor met him in New York a dozen years ago after trolling gay telephone chat lines and seeking underage boys for sex.


In the latest case, the plaintiff said Clash approached him on Miami Beach, complimented his appearance and struck up a friendship. Clash returned home to New York, but stayed in touch with the teen, promising to be a dad to him. The youth, who was 16 or 17 at the time, had been molested by a teacher and was considering running away from home, according to the lawsuit.


"These are all vulnerable boys. None of them had father figures in their lives and they were looking for that father figure," said Herman, who represents three of the alleged victims.


The lawsuit says Cash paid for a plane ticket from Florida to New York in 1996 and arranged for a car service to pick up the teen and bring him to his upscale apartment, where he gave him cash and showered him with "attention and affection" and ultimately engaged in numerous sexual acts.


Herman said he is poring over receipts and other documents to see if the car service was paid for by Cash's employers at Sesame Street.


Phone calls and emails to publicists for Clash and Sesame Street were not immediately returned Monday.


Herman said the alleged victims didn't come forward sooner because they were afraid, but have found courage as others have spoken up.


He said they are compliant victims who participated in the sexual acts, but didn't consent because it's illegal for a minor to do so.


"Because they participated in the sex they feel like they're doing something wrong ... they're ashamed, they're embarrassed, not something they really want to talk about," he said.


Herman said he's been contacted by several other possible victims and is vetting their cases.


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Mind: A Compromise on Defining and Diagnosing Mental Disorders





They plotted a revolution, fell to debating among themselves, and in the end overturned very little except their own expectations.




But the effort itself was a valuable guide for anyone who has received a psychiatric diagnosis, or anyone who might get one.


This month, the American Psychiatric Association announced that its board of trustees had approved the fifth edition of the association’s influential diagnostic manual — the so-called bible of mental disorders — ending more than five years of sometimes acrimonious, and often very public, controversy.


The committee of doctors appointed by the psychiatric association had attempted to execute a paradigm shift, changing how mental disorders are conceived and posting its proposals online for the public to comment. And comment it did: Patient advocacy groups sounded off, objecting to proposed changes in the definitions of depression and Asperger syndrome, among other diagnoses. Outside academic researchers did, too. A few committee members quit in protest.


The final text, which won’t be fully available until publication this spring, has already gotten predictably mixed reviews. “Given the challenges in a field where objective lines are hard to draw, they did a solid job,” said Dr. Michael First, a psychiatrist at Columbia who edited a previous version of the manual and was a consultant on this one.


Others disagreed. “This is the saddest moment in my 45-year career of practicing, studying and teaching psychiatry,” wrote Dr. Allen Frances, the chairman of a previous committee who has been one of the most vocal critics, in a blog post about the new manual, the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, or DSM5.


Yet many experts inside and outside the process said the final document was not radically different from the previous version, and its lessons more mundane than the rhetoric implied. The status quo is hard to budge, for one. And when changes do happen, they are not necessarily the ones that were intended.


The new manual does extend the reach of psychiatry in some areas, as many critics feared it might. Hoarding is now a mental disorder (previously it was considered a symptom of obsessive-compulsive behavior). “Premenstrual dysphoric disorder,” a severe form of premenstrual syndrome, is also new (it was previously in the appendix).


And binge-eating disorder (also formerly in the appendix), a kind of severe, highly distressing gluttony, is now a full-blown diagnosis. This one by itself could tag millions of people considered healthy, if often overindulgent, with a psychiatric label, some experts said.


But the deeper story is one of compromise. It is most evident in how the committee handled three of the thorniest diagnoses in psychiatry: autism, depression and pediatric bipolar disorder.


The group working on depression declared early on that it wanted to eliminate the so-called bereavement exclusion, which stated that grieving the loss of a loved one should not be considered a clinical disorder, though it shares many of the same outward signs. Grief has always been a normal reaction to death, not a kind of depression.


Advocacy and support groups, such as those representing people who have lost a child, objected furiously to the idea that the bereaved might be given a diagnosis of depression.


“This was just astonishing, that they would eliminate the exclusion, and a distortion of the research on the subject,” said Jerome Wakefield, a professor of social work and psychiatry at New York University, who did not work on the manual.


In the end the committee cut a deal. It eliminated the grief exclusion but added a note in the text, reminding doctors that any significant loss — of a job, a relationship, a home — could cause depressive symptoms and should be carefully investigated.


“It’s like they took it all back,” Dr. Wakefield said. “I don’t like the way it was done — in a footnote — but it’s there.”


The debate over autism was even more furious, and it resulted in a similar rapprochement.


From the outset, the committee intended to tighten the definition of autism and simplify it, eliminating related labels like Asperger syndrome and “pervasive developmental disorder not otherwise specified,” or PDD-NOS. The rate of diagnosis of such conditions has exploded over the past decade, in part due to the vagueness of the definitions, and the committee wanted to draw clearer boundaries.


It proposed a single “autism spectrum disorder” category, with stricter requirements.


Some outside researchers raised concerns. In January one of them, Dr. Fred Volkmar of the Yale School of Medicine, who had quit the committee in protest, presented research suggesting that 45 percent or more of people who currently had an autism or related diagnosis would not have one under the proposed revision.


Autism groups reacted immediately, fearing that the change in the diagnosis would deny services to children and families who need them.


The committee countered with its own study, suggesting that the new definition would exclude about 10 percent of people currently with a diagnosis. And again, the experts took a half step back.


The new, streamlined definition was approved, but with language that took into account a person’s diagnostic history. “It’s explicit that anyone who’s had an Asperger’s or autism or PDD-NOS diagnosis before is now included,” said Catherine Lord, a committee member who worked on the new definition and who is director of the Center for Autism and the Developing Brain in New York. “Essentially everyone gets in.”


Pediatric bipolar disorder posed a different challenge.


In the 1990s and 2000s, psychiatrists began giving aggressive, explosive children a diagnosis of bipolar disorder in increasing numbers. The trend appalled many patient advocates and doctors.


Bipolar disorder, which is characterized by episodes of depression and mania, had previously been an adult problem; now the diagnosis is given to children as young as 2 — along with powerful psychiatric drugs and tranquilizers that also cause rapid weight gain. The committee wanted to stop the trend in its tracks, said experts who were involved.


Most of the children treated for bipolar disorder did not have it, recent research found. The committee settled on an alternative label: “disruptive mood dysregulation disorder,” or D.M.D.D., which describes extreme hostility and outbursts beyond normal tantrums.


“They essentially wanted to have some place for these kids, and D.M.D.D. was all they had in their kit,” said Dr. Gabrielle Carlson, a child psychiatrist at Stony Brook University Medical Center, who provided some outside consultation. “These are mostly kids who have A.D.H.D. or what we would call oppositional defiant disorder, but with this explosive feature. They need help; you can’t wait forever. The question was what to call it, without pretending we know enough to saddle them with a lifelong diagnosis” like bipolar disorder.


D.M.D.D. has its own problems, as many experts were quick to point out. It could be a symptom of an underlying condition, as Dr. Carlson argues. It could “medicalize” frequent temper tantrums. It’s brand new, and no one knows how it will play out in practice.


But it is now in the book — because it was the best solution available, experts inside and outside of the revision process said.


From beginning to end, many experts said, the process of defining psychiatric diagnoses is very much like finding the right one for an individual: it’s a process of negotiation, in many cases.


“That’s one of the take-aways from all this, and I think it’s a good one,” Dr. Carlson said. “A diagnosis is a hypothesis. It’s a start, and you have to start somewhere. But that’s all it is.”


One of the committee’s most ambitious proposals was perhaps the least noticed: a commitment to update the book continually, when there’s good reason to, rather than once every decade or so in a giant heave. That was approved without much fanfare.


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Facebook polls close: Facebook wins privacy vote by a landslide













The Facebook photo booth at the Tampa Bay Times Forum in Tampa, Fla., before the Republican National Convention events Aug. 29.


The Facebook polls have closed and, even though Facebook had its biggest turnout ever, too few users cast ballots to have a say in the policy changes the giant social network proposed.
(Mladen Antonov / AFP / GettyImages / December 10, 2012)































































The Facebook polls have closed and, even though the social network had its biggest turnout ever, too few users cast ballots to have a say in the company's proposed policy changes.


Nearly 9 in 10 of those who voted were against the proposed changes, but only about 668,000 people cast ballots. That's an infinitesimal percentage of Facebook's 1 billion plus users.


Facebook requires that 30% of Facebook users participate for a vote to count. Facebook has held two earlier elections and neither met that threshold.





One of the proposed changes: Taking away Facebook users' right to vote on future changes. Facebook said it plans to give users other ways to weigh in on policy changes such as an "Ask the Chief Privacy Officer" question-and-answer forum on its website.


Among the other proposals that users voted on: whether Facebook can loosen restrictions on who can message you on Facebook and whether it can share information with its affiliates, including popular photo-sharing service Instagram.


Two privacy groups – the Electronic Privacy Information Center and the Center for Digital Democracy -- urged Facebook to withdraw the proposed changes.


Marc Rotenberg, executive director of the Electronic Privacy Information Center, called the vote "notable" and "historic" because it was roughly twice the size of the vote held in June and called on Facebook to heed the will of those Facebook users who did vote.


The next step will be a review of the Facebook vote by an outside auditor.


ALSO:


Facebook users vote on their right to vote on Facebook policies


Facebook opens polls, users vote against privacy-policy changes


Facebook upsets some by seeking to take away users' voting rights


Follow me on Twitter @jguynn




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3 killed, 4 wounded in Tulare County shooting









Three people were fatally shot and four others wounded, including two young children, Saturday night on the Tule River Reservation in Tulare County, authorities said.

The suspect, who fled with his two young daughters, was later shot by sheriff’s deputies and taken into custody, according to the Tulare County Sheriff’s Department. The two girls, who were among those shot, were rescued.

The incident began about 7:45 p.m. when the Sheriff’s Department received a 911 call about shots fired in the 100 block of Chimney Road of the Tule River Indian Reservation about 60 miles northeast of Bakersfield, according to a Sheriff’s Department statement.

In a trailer on the property, deputies discovered an adult male and an adult female who had been fatally shot, authorities said. A male juvenile who suffered a gunshot wound was transported to a hospital. 

At a shed on the property, deputies found another male victim who had been fatally shot, authorities said.

The suspect, identified as Hector Celaya, 31, of the Tule River Indian Reservation, fled the scene in a Jeep Cherokee with his two daughters, Alyssa, 8, and Linea, 5, authorities said. An Amber Alert was issued around 11 p.m.

Detectives used Celaya’s cellphone to locate him.

A deputy spotted the vehicle and after failing to make a traffic stop, a slow-speed pursuit began, authorities said.

The suspect eventually stopped and fired his weapon at deputies, who returned fire and struck the suspect twice, seriously wounding him, authorities said.

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'Skyfall,' 'Guardians' duel for box-office win


LOS ANGELES (AP) — James Bond is in a box-office photo finish with Santa Claus and the Easter Bunny over what looks to be the last slow weekend of the holidays.


According to studio estimates Sunday, Sony's Bond tale "Skyfall" took in $11 million to move back to No. 1 in its fifth weekend.


That put it narrowly ahead of Paramount's "Rise of the Guardians," the animated adventure of Santa, the Easter Bunny and other mythological heroes that pulled in $10.5 million.


The two movies inched ahead of Summit Entertainment's "The Twilight Saga: Breaking Dawn — Part 2," which had been tops for three-straight weekends. The "Twilight" finale earned $9.2 million, slipping into a tight race for No. 3 with Disney's "Lincoln," which was close behind with $9.1 million.


The top movies were bunched up so closely that rankings could change once final weekend revenues are released Monday.


The weekend's only new wide release, Gerard Butler's romantic comedy "Playing for Keeps," flopped with $6 million, coming in at No. 6.


"Skyfall" raised its domestic total to $261.6 million and added $20.3 million overseas to bring its international income to $656.6 million. At $918 million worldwide, "Skyfall" has the best cash haul ever for the Bond franchise and surpassed "Spider-Man 3" at $890 million to become Sony's top-grossing hit.


The "Twilight" finale also is a franchise record-breaker, surpassing the $710 million worldwide haul of last year's "Breaking Dawn — Part 1." The finale's domestic total now stands at $268.7 million.


"Rise of the Guardians" led the international box office with $26 million, followed by 20th Century Fox's "Life of Pi" at $23.8 million.


It was another traditionally quiet post-Thanksgiving weekend, with big November releases continuing to dominate in the lull before a pre-Christmas onslaught of movies.


The box office is expected to soar next weekend with the arrival of part one of "The Hobbit," Peter Jackson's "The Lord of the Rings" prelude. After that comes a steady rush of action, comedy and drama through year's end, including Tom Cruise's "Jack Reacher," Quentin Tarantino and Jamie Foxx's "Django Unchained," Seth Rogen's "The Guilt Trip" and Hugh Jackman and Russell Crowe's "Les Miserables."


"The last couple of weeks of the year are some of the strongest every year," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. "We are on the cusp of some really huge box office. There's a lot of money still left in the year despite this slow period right now."


Hollywood's domestic revenues have topped $10 billion so far this year, with the industry expected to finish 2012 ahead of the all-time high of $10.6 billion set in 2009.


Trashed savagely by critics, FilmDistrict's "Playing for Keeps" stars Butler as a washed-up soccer star trying to reconnect with his ex-wife (Jessica Biel) and young son. The all-star cast includes Catherine Zeta-Jones and Uma Thurman as soccer moms with the hots for Butler.


In limited release, Bill Murray's Franklin Roosevelt drama "Hyde Park on Hudson" opened solidly with $83,280 in four theaters, averaging a healthy $20,820 a cinema. By comparison, "Playing for Keeps" averaged $2,115 in 2,837 theaters.


Released by Focus Features, "Hyde Park on Hudson" stars Murray as Roosevelt, whose intimate relations with a distant cousin (Laura Linney) become both a source of strength and distraction as the president plays host to the king and queen of England on the eve of World War II.


Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.


1. "Skyfall," $11 million ($20.3 million).


2. "Rise of the Guardians," $10.5 million ($26 million international).


3. "The Twilight Saga: Breaking Dawn — Part 2," $9.2 million ($23.5 million international).


4. "Lincoln," $9.1 million.


5. "Life of Pi," $8.3 million ($23.8 million international).


6. "Playing for Keeps," $6 million ($500,000 international).


7. "Wreck-It Ralph," $4.9 million ($5.8 million international).


8. "Red Dawn," $4.3 million.


9. "Flight," $3.1 million.


10. "Killing Them Softly," $2.7 million ($1.4 million international).


___


Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:


1. "Rise of the Guardians," $26 million.


2. "Life of Pi," $23.8 million.


3. "The Twilight Saga: Breaking Dawn — Part 2," $23.5 million.


4. "Skyfall," $20.3 million.


5. "Wreck-It Ralph," $5.8 million.


6. "26 Years," $4.3 million.


7. "Whatcha Wearin'? (My P.S. Partner)," $3.9 million.


8. "Hotel Transylvania," $3.6 million.


9. "Killing Them Softly," $1.4 million.


10. "Playing for Keeps," $500,000.


___


Online:


http://www.hollywood.com


http://www.rentrak.com


___


Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.


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New Taxes to Take Effect to Fund Health Care Law





WASHINGTON — For more than a year, politicians have been fighting over whether to raise taxes on high-income people. They rarely mention that affluent Americans will soon be hit with new taxes adopted as part of the 2010 health care law.




The new levies, which take effect in January, include an increase in the payroll tax on wages and a tax on investment income, including interest, dividends and capital gains. The Obama administration proposed rules to enforce both last week.


Affluent people are much more likely than low-income people to have health insurance, and now they will, in effect, help pay for coverage for many lower-income families. Among the most affluent fifth of households, those affected will see tax increases averaging $6,000 next year, economists estimate.


To help finance Medicare, employees and employers each now pay a hospital insurance tax equal to 1.45 percent on all wages. Starting in January, the health care law will require workers to pay an additional tax equal to 0.9 percent of any wages over $200,000 for single taxpayers and $250,000 for married couples filing jointly.


The new taxes on wages and investment income are expected to raise $318 billion over 10 years, or about half of all the new revenue collected under the health care law.


Ruth M. Wimer, a tax lawyer at McDermott Will & Emery, said the taxes came with “a shockingly inequitable marriage penalty.” If a single man and a single woman each earn $200,000, she said, neither would owe any additional Medicare payroll tax. But, she said, if they are married, they would owe $1,350. The extra tax is 0.9 percent of their earnings over the $250,000 threshold.


Since the creation of Social Security in the 1930s, payroll taxes have been levied on the wages of each worker as an individual. The new Medicare payroll is different. It will be imposed on the combined earnings of a married couple.


Employers are required to withhold Social Security and Medicare payroll taxes from wages paid to employees. But employers do not necessarily know how much a worker’s spouse earns and may not withhold enough to cover a couple’s Medicare tax liability. Indeed, the new rules say employers may disregard a spouse’s earnings in calculating how much to withhold.


Workers may thus owe more than the amounts withheld by their employers and may have to make up the difference when they file tax returns in April 2014. If they expect to owe additional tax, the government says, they should make estimated tax payments, starting in April 2013, or ask their employers to increase the amount withheld from each paycheck.


In the Affordable Care Act, the new tax on investment income is called an “unearned income Medicare contribution.” However, the law does not provide for the money to be deposited in a specific trust fund. It is added to the government’s general tax revenues and can be used for education, law enforcement, farm subsidies or other purposes.


Donald B. Marron Jr., the director of the Tax Policy Center, a joint venture of the Urban Institute and the Brookings Institution, said the burden of this tax would be borne by the most affluent taxpayers, with about 85 percent of the revenue coming from 1 percent of taxpayers. By contrast, the biggest potential beneficiaries of the law include people with modest incomes who will receive Medicaid coverage or federal subsidies to buy private insurance.


Wealthy people and their tax advisers are already looking for ways to minimize the impact of the investment tax — for example, by selling stocks and bonds this year to avoid the higher tax rates in 2013.


The new 3.8 percent tax applies to the net investment income of certain high-income taxpayers, those with modified adjusted gross incomes above $200,000 for single taxpayers and $250,000 for couples filing jointly.


David J. Kautter, the director of the Kogod Tax Center at American University, offered this example. In 2013, John earns $160,000, and his wife, Jane, earns $200,000. They have some investments, earn $5,000 in dividends and sell some long-held stock for a gain of $40,000, so their investment income is $45,000. They owe 3.8 percent of that amount, or $1,710, in the new investment tax. And they owe $990 in additional payroll tax.


The new tax on unearned income would come on top of other tax increases that might occur automatically next year if President Obama and Congress cannot reach an agreement in talks on the federal deficit and debt. If Congress does nothing, the tax rate on long-term capital gains, now 15 percent, will rise to 20 percent in January. Dividends will be treated as ordinary income and taxed at a maximum rate of 39.6 percent, up from the current 15 percent rate for most dividends.


Under another provision of the health care law, consumers may find it more difficult to obtain a tax break for medical expenses.


Taxpayers now can take an itemized deduction for unreimbursed medical expenses, to the extent that they exceed 7.5 percent of adjusted gross income. The health care law will increase the threshold for most taxpayers to 10 percent next year. The increase is delayed to 2017 for people 65 and older.


In addition, workers face a new $2,500 limit on the amount they can contribute to flexible spending accounts used to pay medical expenses. Such accounts can benefit workers by allowing them to pay out-of-pocket expenses with pretax money.


Taken together, this provision and the change in the medical expense deduction are expected to raise more than $40 billion of revenue over 10 years.


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Leaders and their feeders









A favorite question at entrepreneurship conferences is which world city has the entrepreneurial dynamism to become a major start-up capital on par with Silicon Valley. London, Singapore, Tel Aviv, New York and Berlin are usually cited.

Seldom, however, do you hear anyone propose Boulder, Colo.

That is, unless you are in the company of Brad Feld, an early-stage investor, technology entrepreneur and author of "Startup Communities: Building an Entrepreneurial Ecosystem in Your City," published by Wiley.








Feld is a regular speaker on venture capital investing and entrepreneurship, having founded his first company in 1987. Twitter is not a perfect measure of the quality of a person's opinions, but you do not get 113,000 followers without having a degree of respect from your peer group.

He is a Texan who co-founded his first company in Boston and for 20 years has been proud to call Boulder his home.

To him, this city of just 100,000 people, nestled near Rocky Mountain National Park and a short drive from Denver, is not just the best place to live. He also sees Boulder as an excellent example for those who wish to turn their own town into a start-up community.

"Although I don't have the data to support it, Boulder may have the highest entrepreneurial density in the world," he writes.

Having said that, Feld wants to make clear that all sorts of cities across the world can become home to job-creating new businesses if only they foster the necessary culture.

He sets out a framework for a successful start-up community — that it be led by entrepreneurs with a long-term commitment to the area, that the community be inclusive of anyone who wants to participate and that there be a constant stream of activities that engage all the parties.

Feld differentiates between the entrepreneurial "leaders" of a community and the "feeders," who must support but not try to take charge.

Feeders include government agencies, lawyers, accountants, local universities and angel investors. Problems often occur and areas fail to become start-up communities, he notes, when feeders, rather than the people creating the businesses, try to control the development of an entrepreneurial ecosystem.

This should serve as a warning to Mayor Michael Bloomberg's administration in New York, which is trying to nurture the city's collection of fast-growing Web businesses, nicknamed Silicon Alley.

The book is also an insight into why the U.S. is such an entrepreneurial nation. The generosity of spirit still prevalent in U.S. society shines through Feld's writing. It is a key reason why so many have felt it is where they can achieve their dreams.

"Give before you get" is a mantra repeated several times by Feld. A key message is the power of community, which relies on people committing to their neighborhood for a couple of decades at least.

He also has a short answer for the people who ask how they can create the next Silicon Valley: They can't.

"Trying to create the next Silicon Valley is a fool's errand," he writes. "If that's really your goal, save yourself a lot of heartache and simply move to Silicon Valley."

It is clear from the way he writes about Boulder that Feld has no intention of moving farther west himself any time soon. "I can't imagine a better place to live," he says.

My only criticism is that almost all of his frame of reference is the U.S. His only mention of anywhere else in the world is a brief account of a trip to see some start-ups in Iceland.

But if more people loved and contributed to the places they live, as Feld and others have evidently done in Boulder, we probably would have more start-up communities around the world for him to visit.

Moules is the enterprise correspondent of the Financial Times of London, in which this review first appeared. He is also author of "The Rebel Entrepreneur," published by Kogan Page.





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