Wednesday, January 29, 2020

Gilgamesh and Odyssey Essay Example for Free

Gilgamesh and Odyssey Essay Gilgamesh is an ancient poem that significantly marked its name as somehow being the first major heroic narrative in the world literature. Fractions of this literature were discovered uniquely carved in tablets even before the Roman, Hebrew and Greek civilization appeared. Gilgamesh depicts a unique and propinquity story of Gilgamesh and his companion Enkidu that transcribed a complex and moving gist of bonds of friendship, of the pursuit for prominence and of the enduring and timeless attempt to escape death, of which considered to be the common fate of humankind. On the other hand, Odyssey, an epic story by Homer, is concerned on the idyllic events proceeded after a war and mainly on the significant return of the heroes who survived the war. The main subject of this written epic work somehow focus on the enduring, drawn-out return of one of the heroes named Odysseus of Ithaca, whose fate is to amble in unknown seas for ten years before he returned to his rocky kingdom. This paper will provide detailed and comprehensive comparison between the two main characters from both epics Gilgamesh and Odyssey. Motivation, goals, self-control, pride, outside influences, behaviors and personal and social relationships will serve as points of comparison being grasped in this paper. Motivation and Goals Gilgamesh, as described in the transcription, was provided with bizarre and astonishing strength, courage, and beauty by his divine and great creator. He is portrayed to be more of a god than a man. These characteristics of him profoundly surpass all circumstances all throughout his journey, a journey that significantly paved the greatest aspiration that probably mankind would have wanted – how to escape the universal fate of the human race. Simply, Gilgamesh wanted to run away from death and have eternal life. One of the tablets inscribed the mere dialogue between Gilgamesh and Utanapishtim (The Distant One). Utanapishtim is descriptively the wisest man who ever lived. Gilgamesh’s search for eternal life led him to ask Utanapishtim the greatest question, how to escape the universal fate of mankind? On a tablet transcribing such meeting, Gilgamesh apparently questions Utanapishtim of how did the latter join the ranks of the gods and find eternal life, though Gilgamesh described him not different; physically indifferent and yet his eart drained of battle spirit. And as response to the wondering question of Gilgamesh, Utanapishtim told him the â€Å"story of the flood†. Utanapishtim profoundly stated that he was commanded to build a boat to save everyone from the wrath of a devastating flood made by a god named Enlil, the chief god living on earth to wipe out human race. This story somehow illustrates events similar to the biblical script â€Å"Noah’s Ark†. The punishment to human race by Enlil gave Utanapishtim the opportunity to have eternal life. Gilgamesh’s greatest achievement though was bringing back to the human race this untold and unknown story. Gilgamesh, by some means, got hold of a plant that can likely grant rebirth to those who eats it, but unfortunately, a serpent stole it from him. With greater wisdom, Gilgamesh returned to Uruk knowing that only the gods are immortal. The goal of seeking immortality is what made both Gilgamesh and Odysseus, from Homer’s epic Odyssey, distinct and divergent with each other. Unlike Gilgamesh, whose goal is to seek and find answers on how to become immortal, Odysseus’s goal, on the hand, is merely the fact that he wants to find his way back home after a long and bloody war. During his voyage towards home, several temptations tested his mental qualities and physical endurance. Circe offered him the Lotus flower that endows forgetfulness of home and family. The greatest temptation however is offered by the goddess Calypso, whom he spent his seven years with – immortality. Instead of accepting such promising offer of immortality, he somehow denied such and still chooses the human conditions in spite of struggles, difficulties, disappointments and even its foreseeable death. Odysseus’s motivational force that drives his willingness to go back home is his wife, Penelope. Self-control Gilgamesh was first described as a king without self-control, rash and violent. People of Uruk, his kingdom, often complained about his absence of self-control towards oppressiveness to the Sumerian gods. Due to this aggressiveness, the gods created Enkidu as counterweight to Gilgamesh. But surprisingly, both Gilgamesh and Enkidu became best of friends; they fought together in every battles and wars, and found in each other the true companion they both sought. In an event where both took an adventure to seek universal fame and immortality pictures out the harsh and uncontrollable oppression to the gods overwhelmingly end the curtain to Enkidu. Enkidu’s death and his continuous and sole journey to seek immortality cause personal transformation. This change and transformation broaden his perception towards greater acceptance and recognition of reality and man’s mortality. On the other hand, Odysseus has extreme sense of self-control. Within the epic story, his remarkable self-control was described and admired. Again, during his adventures on the voyage home, his mental abilities and his physical endurance were tested. Instances occurred that tempted him to descend from his struggle towards home. A Lotus flower is said to suggest forgetfulness of home and family. Circe, goddess of magic, offered a pleasant life in the island of Lotus eaters. In the Phaeacia, he once offered the love and marriage of a young princess. Calypso is an immortal goddess whom Odysseus spent his life with for seven years offered the most significant and most tempting proposal, which probably all of mankind cannot resist. Calypso offered eternal life for Odysseus that will make him immortal. But all of these temptations were single-handedly denied by Odysseus as he preferred more to be mortal and be human amidst varied struggles, disappointments and the predictable end called death. Self-control might be a struggle for every man, but if every man has the drive to hold on to their will and embrace limitation, it will never be too late or too impossible to resist and deny any temptations. Pride The story of Gilgamesh started out as depiction of his arrogance of power. Because of his extraordinary capabilities endowed to him by his divine creator, his egotism of power endangered the relationship between mankind and the Summerian gods. To end Gilgamesh’s arrogance and injustices, gods then created Enkidu. His arrogance and pride concerning his power and unusual capabilities were continuously tested all throughout their journey in quest of rejuvenation of life and immortality. But then again, as mentioned earlier the previous section, after Enkidu’s death changed his perception not only towards man’s mortality but also the perception of one-self. One of the most significant limitations that Odysseus possesses is his pride which Odysseus had much. Part of the story somehow depicted Odysseus’s pride, particularly on the Cyclops’ island. When Odysseus and his men escaped safely from the island, Odysseus surprisingly brags and boasts about his exploit. Cyclops heard him and tossed huge rocks into the ship and some almost sing the ship. Effect of circumstances surrounding the character There are several external influences that bounds and affects the transformation of the once-known arrogant and violent king of Uruk. Due to the egoistic personality of Gilgamesh, it resulted to the discontentment and complaints from his people in which Summerian God interfered. The effect of these external events somehow paved a new path towards the overall impacts of Gilgamesh’s journey that led to his transformation from an arrogant king to a more unselfish and wisdom-filled individual. Another circumstance that greatly affected the character is the death of his supposed and destined enemy, Enkidu. Enkidu was a god-like mortal created by the gods intended to end Gilgamesh’s injustices and arrogance. Both somehow became friends and found a true and deep bond of friendship with each other. Death of his friend allowed him to solely seek answers for mankind’s immortality, which led him to his astonishment that there should no more battle to be fought and needs answers not surpassing violent circumstances. His continuous journey to seek answer guided him to Unatapishtim, the Divine One who could answer Gilgamesh’s wonderings, and which that this Divine One is blessed with immortality and abundance from the gods. Their conversation drew in new and significant events of the Divine One that gave him unending mortality. This occurrence surprisingly influenced and changed Gilgamesh’s perception on man’s mortality and broadens his acceptance to reality. Odysseus’s journey back home from the Trojan War somehow had endowed circumstances that might affect his own beliefs and characteristics. For example, when tempted by different immortal goddesses, most especially on the offering by Calypso to have everlasting and unending existence, he still grasps tightly to his humanity and instead chose to be human than immortal. His faith and dedication somehow proved that every obstacles and disappointments can be surpassed if he is optimistic enough to exceed and outdo every ounce of it. Behaviors In the beginning of the story, Gilgamesh’s subservient behavior is steered by his own self-contentment and self-sufficiency. Arrogant, violent, harsh, and no self-control are self-seeking behaviors and characteristics being affixed to the king, in which all these opened doors to discontentment and dissatisfaction from people. Gilgamesh’s behavior guided him to destruction. This ego-centric manner blinded Gilgamesh from reality that his conscious tried to make him see. For an instance, Gilgamesh tried to strike down on Ishtar during their second adventure to Cedar Forest with Enkidu. Ishtar cannot handle Gilgamesh’s harsh rejection and provoked to send the Bull of Heaven against the people of Uruk. Although they succeeded, it brought terrible damage to his kingdom and brought about the painful death of Enkidu. Unlike Gilgamesh, who is depicted as ego-centric individual, Odysseus has the contrast of this characteristic. Odysseus is optimistic and altruistic as he struggles not only for his own survival during the war, but also for his shipmate’s personal survival. Odysseus is described having versatility which either way compliments his physical strength and courage in battle, skills he showed during the war at Troy. These behaviors somehow resulted from his eagerness to return home to his wife and from his perseverance to preserve and finish the heroic reputation and dignity that he won in war at Troy. The same scene that illustrated Odysseus pride also depicts his care and being concerned to his fellow shipmates. After Cyclops threw boulders to the ship, Odysseus hastily gave his identity to Cyclops and the latter called Poseidon, his father, to punish Odysseus who brought harm to him. That incident hurt Odysseus more than losing his fellow men. This showed Odysseus’s heed towards his fellow shipmen. Personal and Social Relationships The Gilgamesh poem depicted not only ancient Mesopotamian myths and legends, but also endowed diverse and complex relationships and dealings between people involved in the epic story, particularly the main character, Gilgamesh. Gilgamesh’s relationship towards his people as a king is somehow in deep and shaky condition. There have been misunderstandings and lack of sense of unity between the king and its people that hindering a kingdom to flourish due to Gilgamesh’s disturbing and arrogant means of ruling Uruk. Another unstable relationship is with Gilgamesh and the Summerian gods. Gilgamesh tends to oppress the gods which led to the creation of Enkidu. Although Enkidu was created as a counterweight of Gilgamesh, unpredictably, both became friends. Relationship between the king and the supposed enemy is probably the most light and happy relationship made by Gilgamesh. They think of each other as brothers and a true companion in which their common journey indeed deepened their brotherly bond and friendship. There are also different relationship built all throughout the story between Odysseus and other characters in the epic. Again, he built a strong and deep bond and camaraderie with his fellow men. He even risked himself just to keep other from falling in the hands of Cyclops. Odysseus somehow has heart of gold for those who treasure him and appreciate him from his doings. His relationship with his wife, Penelope, also is as strong and sturdy as a diamond which no one can break even through rough and long times of being away from each other. To show his commitment and love to his wife, he even tricks his wife’s suitors and disguised himself as beggar.

Tuesday, January 21, 2020

Free Affirmative Action Essays - Affirmative Action is Reverse Discrimination :: affirmative action argumentative persuasive

Affirmative Action is Reverse Discrimination "That student was accepted because of affirmative action policies." With my first intake of the phrase, I realized that the student, whom I knew and worked with so many times, the one with such a lack of motivational ability, confidence, and ideas, was now occupying my chances towards a preferred school. "Affirmative action", I soon found out, was used by President John F. Kennedy over 30 years ago to imply equality and equal access to all, disregarding race, creed, color, or national origin. As a policy setting out to resolve the problems of discrimination, Affirmative Action is simply nothing more than a quota of reverse discrimination. Affirmative Action emphasizes prospective opportunity more towards statistical measures. It promotes the hiring and acceptance of less experienced jobs of the workforce and less able students. Sometimes the affirmative action policies forces employers and schools to choose the best workers and less privileged students of the minority, in all, regardless of their potential lack basic skills. As remarked by Maarten de Wit, an author who's article I found on the World Wide Web, affirmative action beneficiaries are "not the best pick, but only the best pick from a limited group." Another article I found, "Affirmative action: A Counter- Productive Policy" by Ernest Pasour also on the W.W.W., is one example which reveals that Duke, a very famous and prestigious university, adopted a resolution requiring each of it's department to hire at least one new African-American for a faculty position the 1993 date. More proofs of Affirmative Action in action is the admission practices at the University of California Berkeley. In the same article by Pasour, it states that while whites or Asian-Americans need at least a 3.7 grade point average through high school to be in consideration for admission in Berkeley, most minorities with much lower standards are automatically admitted. All the preferential treatment may provide a basis for employers, employees, as well as real applicable students to fight for an end to Affirmative Action. The development of more racial tensions are yet another part of the Affirmative Action policy. Tensions between blacks and whites and other racial groups at U.S. colleges are related to preferential treatment. Tensions at the workplace also deal with the toleration of race and sex

Monday, January 13, 2020

Taxation Law Essay

1. The assessability or otherwise to Jino and Anna of the annual bonuses paid by Darling Bank to them. Consideration of the proximity of services or employment relationship, the importance of the donor’s motive and the status of gratuitous payments are relevant in determining whether the bonuses received are assessable income. We can determine that the bonuses satisfactorily fulfil the requirement that for the bonuses to be assessable they must â€Å"come in†. (tenant v smith) Natural incidents of employment will be income, because they arise from a service relationship and because they are an expected incident of the occupations. Kelly v DCT) Ultimately, it is the character of the payment in the hands of the recipient that is determinative (Scott) of income. The bonuses received by Jino and Anna were not mere gifts. The amount in Scott v FCT was a gift; it was gratuitous, not made in discharge of an obligation and not taken by the recipient as discharging an obligation and not income by ordinary concepts. The payments in Scott v FCT and Moore v Griffiths were ‘one-off’. The payments were in addition to entitlements under service agreements; the donor’s motive was to make a personal tribute and the payment was unexpected.While income generally exhibits recurrence, regularity and periodicity, it would be wrong to conclude they were necessary elements and that a ‘one-off’ payment in the nature of a ‘gift’ cannot be income. (demonstrated by Squatting Investment Co) In Moore v Griffiths, the bonus received was a testimonial or personal gift rather than a reward for services rendered by the taxpayer in the course of his employment. The payment had no foreseeable element of recurrence, and there was no knowledge or expectation on the taxpayer’s part that the payment would be made as a reward for rendering his services.A bonus payment is ordinary income for the purposes of subsection 6-5(2) of the ITAA 1997, which provides that the assessable income of a resident taxpayer includes ordinary income derived directly or indirectly from all sources, whether in or out of Australia, during the income year. The initial presumption, prima facie, a payment from taxpayer to recipient is not income (Hayes v FCT) may be displaced if in substance and reality the payment was a product of services.Ordinary income is typically regarded as including salary and wages and fees connected with employment or provision of services; the critical element being the connection with an earning activity. Amounts derived from employment or the provision of services are income. In FCT v Dixon, the amount taxpayer received was assessable because the receipts were of an income character, and the amount was an expected periodical payment arising out of circumstances, and also because it formed part of the receipts upon which he depended for regular expenditure.Similarly, the bonuses Jino and Anna received fulfille d 3 critical elements in FCT v Dixon; the payment was periodical, incidental to employment and relied upon for regular expenditure. In FCT v Harris, payments were unrelated to the length or quality of service, and were periodic yet unpredictable. Hence, they were unassessable as the critical elements in Dixon’s case were absent in Harris. In FCT v Kelly, the prize money the footballer received was held to be payments as income. Kelly was aware that the prize would be offered,S15-2 sets out that allowances and other things provided in respect of employment or services can be included in your assessable income. S15-2(1) states that â€Å"assessable income includes the value to you of all allowances, gratuities, compensation, benefits, bonuses and premiums provided†¦ in respect of†¦ any employment of or services rendered†. Hence, if the bonuses are consequently not considered ordinary income, it will still be regarded assessable under s15-2 as the amount that is assessable as ordinary income under s6-5 is not included in assessable income under s15-2(3).The key issue to consider is the ‘connection with earning activity’. It was for ‘work throughout the year’. The $100,000 bonuses can therefore be included in assessable income under s. 15-2 as a reward for personal exertion, even though the bonuses were unexpected and not relied upon by Jino and Anna (Moore). The bonuses were recurring, incidental to employment, of an ordinary kind. (Scott) There is direct nexus with employment; FCT v Cooke & Sherden is irrelevant because the holidays received did not represent income.There was no entitlement to alternative compensation if the holidays were not taken, and it was also not convertible into money. 2. Whether Jino and Anna are entitled to deductions for interest paid on the amount they redraw from their loan on the Darling Point property to partly finance their investment in the King Street property. ITAA97 S8. 1 (1) p rovides that you can deduct from your assessable income any loss or outgoing to the extent that â€Å"it is incurred in gaining or producing your assessable income†.Hence, Jino and Anna will be entitled to deductions for interest paid on the amount they redraw from their loan â€Å"to the extent† they are using it to finance their investment in the King Street property. Interest is characterised by the use of the funds; the fact that the original loan was for the Darling Point property is irrelevant. Consideration must be given to the redraw facility, that any fund used from the redraw is used to produce assessable income or for the business, and the interest on the portion of the fund will be deductible to that extent.In FCT v Munro, the deduction for interests were not permitted under s. 8-1 ITAA97. It was held that the â€Å"deductibility of interest depends on the purpose for which the principal is borrowed, a deduction in interest is not permitted when the borrow ed money is used for a purpose whereby no income is produced, even if the money is borrowed on the security of rent producing property†. The commissioner disallowed the taxpayer’s claim for deductions, on the basis that the borrowed moneys had not been applied exclusively to produce assessable income.The borrowed money had been applied for the benefit of the sons and hence interest was not incurred in gaining assessable income. Conversely, the purpose for which the principal amount of $400,000 Jino and Anna borrowed was for an investment in property that would produce rent. The fact that the Darling Point property was used as security for the loan as it was withdrawn from the ‘repayment redraw’ facility for residential property is irrelevant. Hence, Jino and Anna should be entitled to deductions for the 6% interest paid on the $100,000 withdrawal from the redraw facility.Steele v FCT considers whether there is sufficient nexus of residence with income produ ction; interest incurred before assessable income is derived is deductible if there is. It was established that the meaning of ‘assessable income’ in the first limb of s51(1) is summarised in Fletcher & Ors v FCT (1991) 173 CLR. Assessable income is to be â€Å"construed as an abstract phrase which refers not only to assessable income derived in that or in some other tax year but also to assessable income which the relevant outgoing ‘would be expected to produce’†¦Ã¢â‚¬ .The 6% interest withdrawn from their loan is incurred before assessable income is derived hence is deductible. 3. Appropriate tax treatment of the lump sum payout to Thomas from both Jino and Anna’s perspective and from Thomas’s perspective From Jino and Anna’s Perspective TR 2005/6 1. This Ruling explains the circumstances where it is considered that: (a) a lease surrender receipt is assessable income under section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997); and (b) a lease surrender payment is deductible under section 8-1 of the ITAA 1997. . This Ruling also addresses the application of the provisions of the ITAA 1997 covering capital gains and capital losses (CGT). The first issue to consider is first considering the general deduction provision s8-1. Although the lump sum payout passes the 1st positive limb, based on Sun Newspaper Ltd v FCT, we can establish that the payout is not of revenue but of a capital nature. There are 3 matters to consider in determining whether the payout is on revenue or capital account. Footnote: pg 446 of casebook) Parallel to the features of transactions of the expenditure in Sun Newspaper, [1] (a) the payout was of a large sum intended to remove competition for Tony, (b) the payout was recurrent in the sense that the risk of a competitor arising must always be theoretically present, (c) the chief object of the †¦Ã¢â‚¬ ¦ Considering the general deduction provision s8-1, if the payout was reve nue, it would be deductible. However, the capital nature of the payout fails the negative non-capital requirement under s8-1.As Jino and Anna are not â€Å"carrying on a business of gaining or producing assessable income† (s8-1(b)) in leasing out the shop, it is still a capital gains tax and we must consider further provisions for specific deductions for capital expenditure. Jino and Anna were not obliged to lease the shop to receive rent because Thomas was already willing and happy to pay fixed rental of $3,500 per month for 5 years. Therefore, the $5000 is not deductible because it is not a loss, but rather a result of voluntary action. If it were a loss incurred, then the amount would be deductible.Second, for the lump sum payment to be deductible, the expense has to be related to producing assessable income. Herald and Weekly Times Ltd v FCT derives the notion ‘incurred’, as â€Å"the expenditure (legal fees) incurred by the taxpayer was wholly and exclusive ly expended in gaining or producing its assessable income and was therefore deductible under s23(1)(a). † Since the $5000 payment was to terminate Thomas’s lease and provide an opportunity for Jino and Anna to obtain $500 more in monthly rent, it can be seen as being incurred to gain assessable income from the new lessee Tony.Consequently, the expense of $5,000 is deducted by straight line method over five years. Thomas’s Perspective The amount paid to Thomas can either be capital in nature where â€Å"the lease formed part of the profit-yielding-structure of the lessee’s business† or it could be income which â€Å"arises in the course of business activity†. If the compensation payment lead to the cancellation of business leaving the profit-making structure permanently impaired, then it constitutes as a capital gain. Considering Heavy Minerals (1966) Californian Oil ProductsIn Van den Bergs Ltd v Clark (1935), the House of Lords held that â⠂¬Å"the sum received by the taxpayer†¦ on the termination of the arbitration and in consideration of the taxpayer’s consent to termination†¦ was a capital receipt and shouldn’t be taken into account in computing the taxpayer’s liability to tax. † 4. Appropriate tax treatment of the waiver of Tony’s first month’s rental from both Jino and Anna’s perspective and from Tony’s perspective Jino and Anna’s perspective No money involved – agreement Not meant to pay each other money. Tony didn’t pay out any rent and anna didn’t receive.No money exchanged therefore first month no assessable income as no exchange. For tony didn’t pay out any rent therefore no deduction Tony’s perspective Orica Reduction in expenditure can not be income according to ordinary concepts assessable under s25(1). There was no profit or gain made as a result of the taxpayer entering into arrangements which was à ¢â‚¬Ëœa singular transaction, not part of the regular means whereby the taxpayer obtained returns’. Lees & Leech Even if it was assumed the payment received by taxpayer constituted a profit or gain, the payment was not received by it in the ordinary course of carrying on its business.TR 93/6 1. This Ruling is concerned with those arrangements which are used to reduce the interest payable on a customer's loan account. These are commonly referred to as ‘interest offset arrangements' but are called ‘loan account offset arrangements' in this Ruling. These products are generally structured so that no interest is derived by the customer and therefore the customer is not liable to pay income tax in respect of the benefit arising from the account. This Ruling: †¢ outlines the manner in which acceptable loan account offset arrangements usually operate; and †¢ xplains the limits on acceptable arrangements. 5. The appropriate tax treatment of the early repayment pe nalty from both Jino and Anna’s perspective and from Tony’s perspective TR 93/7 A penalty interest payment is generally deductible under subsection 51(1) if: (a) the loan moneys were borrowed for the purpose of gaining or producing assessable income or for use in a business carried on for that purpose; and (b) the payment is made in order to rid the taxpayer of a recurring obligation to pay interest on the loan, where such interest would itself have been deductible if incurred.Where the repayment of loan moneys borrowed for the purpose of producing assessable income is secured by mortgage, penalty interest payable on an early repayment which effects a discharge of the mortgage will generally be deductible under section 67A. 5. Penalty interest is not expenditure incurred in borrowing money so as to be deductible under section 67. 6. Where penalty interest is paid upon repayment of a loan incidental to the disposal of an asset, the payment is not taken into account unde r Part IIIA of the ITAA in calculating the amount of any capital gain or capital loss arising on the disposal.Subsection 51(1) provides that: â€Å"all losses and outgoings to the extent to which they are incurred in gaining or producing the assessable income, or are necessarily incurred in carrying on a business for the purpose of gaining or producing such income, shall be allowable deductions except to the extent to which they are losses or outgoings of capital, or are of a capital, private or domestic nature, or are incurred in relation to the gaining or production of exempt income. 9. Generally speaking, provided loan moneys were borrowed for the purpose of gaining or producing assessable income or for use in a business carried on for that purpose, penalty interest payable on early repayment of the loan will, unless it is of a capital nature, qualify for deductibility under subsection 51(1). This will commonly involve borrowings used to acquire an income-producing asset or to p rovide working capital to operate a business. 10.In the case of such borrowings, the central issue is whether penalty interest payments are â€Å"losses or outgoings of capital, or of a capital†¦ nature†. If so, then they will not be deductible under subsection 51(1), but may be deductible under sections 67 or 67A. 11. We do not consider that so-called penalty interest is, in fact, in the nature of interest. This is so even if the loan agreement uses the term â€Å"penalty interest†. The description of an item used in any relevant agreement is not conclusive of its character (refer FC of T v. Sth. Aust.Battery Makers Pty. Ltd. (1978) 140 CLR 645 at 655; 78 ATC 4412 at 4417; 8 ATR 879 at 884 per Gibbs ACJ and Cliffs International Inc. v. FC of T (1979) 142 CLR 140 at 148; 79 ATC 4059 at 4064; 9 ATR 507 at 512 per Barwick CJ). To call a payment â€Å"interest† does not conclusively determine that it in fact answers that description. Nor does it prevent the pa yment from being an outgoing of a capital nature. 12. Interest is considered to be â€Å"compensation to the lender for being kept out of the use and enjoyment of the principal sum†: see FC of T v.The Myer Emporium Ltd. (1987) 163 CLR 199 at 218; 87 ATC 4363 at 4371; 18 ATR 693 at 702). Penalty interest is not paid for the use of the lender's money. It is paid in respect of a period when the borrower has repaid the loan and does not have the use of the money (refer R. W. Parsons, Income Taxation in Australia at para. 6. 330) 13. The critical factor in determining the essential character of an outgoing is the character of the advantage sought by the making of the expenditure ( Sun Newspapers Ltd. v. FC of T (1938) 61 CLR 337 at 363 per Dixon J).Whether an outgoing is capital or revenue in nature â€Å"depends on what the expenditure is calculated to effect from a practical and business point of view† ( Hallstroms Pty. Ltd. v. FC of T (1946) 72 CLR 634 at 648 per Dixon J ). 14. As a penalty interest payment is a cost directly attributable to obtaining early repayment of a loan, the question to be answered is effectively: â€Å"what, from a practical and business point of view, is the advantage sought from an early repayment of the loan? † This is a question of fact to be answered on a case by case basis. 5. Where the advantage sought is the release from the contractual obligation to incur a recurrent liability to pay interest on the loan, and such interest would itself have been deductible, then the penalty interest payment is on revenue account ( FC of T v. Marbray Nominees Pty. Ltd. 85 ATC 4750; (1987) 17 ATR 93, Metals Exploration Ltd. v. FC of T 86 ATC 4505; (1987) 17 ATR 786). Such a payment does display certain capital indicia in terms of the tests enunciated by Dixon J. in the Sun Newspapers case (supra); i. e. t is a once-and-for-all type lump sum which eliminates a threatened disadvantage and thus produces a benefit of a lasting char acter for the taxpayer. Nevertheless, where the initiating cause for early repayment of the loan is a saving in future interest outlays, the payment is essentially revenue in character. 16. On the other hand, where the penalty interest payment is paid effectively as a price to rid the taxpayer of a burdensome capital asset or is otherwise incidental to the realisation of an asset, then it will generally be on capital account. 17.Where repayment of a loan is secured by mortgage, penalty interest payable on early repayment may be deductible under section 67A. Section 67A provides a deduction for expenditure (excluding principal or interest payments) incurred in connection with the discharge of a mortgage securing repayment of moneys borrowed for the purpose of producing assessable income. Unlike subsection 51(1), deductibility is not affected by whether the expenditure is capital or revenue in nature. As previously discussed, so-called penalty interest is not, in fact, in the nature o f interest, and is therefore not excluded on his basis from deductibility under section 67A. 18. Borrowing expenses which are on capital account and for that reason not deductible under subsection 51(1) may qualify for deduction under section 67. However, penalty interest is not â€Å"expenditure incurred†¦ in borrowing money† for section 67 purposes. These words, in the context of section 67(1), refer to a â€Å"cost† of borrowing; i. e. expenditure incurred in relation to the actual establishment of the relevant loan. The liability to pay penalty interest is first incurred after the money is borrowed, and is therefore not incurred in borrowing the money.The payment is not made pursuant to a contractual obligation which was incurred at the time of borrowing as an incident of establishing the loan (refer Ure v. FC of T 81 ATC 4100; (1981) 11 ATR 484). 19. Where penalty interest is paid upon repayment of a loan incidental to the disposal of an asset, the payment is not taken into account for Part IIIA purposes in calculating the amount of any capital gain or capital loss arising on the disposal. The payment would not be included in the cost base of the asset under section 160ZH.In particular, it is not within the categories of â€Å"incidental costs† of acquisition or disposal in subsections 160ZH(5) or 160ZH(7), and, as it is not in the nature of â€Å"interest† (see paragraphs 11 and 12 above), is not a â€Å"non-capital cost† under subsection 160ZH(6A). 22. Anne obtains a loan from a financial institution to purchase a rental property. Within the term of the loan Anne decides to sell the property. This requires her to repay the loan in order to discharge a mortgage over the property which secures the loan. In paying out the loan early Anne incurs a penalty interest payment. 3. The repayment of the loan, and the associated incurrence of the penalty payment, is a necessary incident of the sale of the property. A payment so connected to the realisation of a capital asset will be on capital account. The payment is therefore not deductible under subsection 51(1). The payment will, however, qualify for deductibility under section 67A as expenditure incurred in discharging a mortgage. 6. The CGT effects for Jino and Anna of the sales of the Darling Point apartment and of the King Street Property ———————–

Saturday, January 4, 2020

The Effects Of Violent Media On Children - 1813 Words

Effects of Violent Media on Children With the growth in popularity in films, media has been a major influence in people’s lives. In recent years we see movies and tv shows impacting the way we talk, move, and even think. In recent events, theories on violent behavior have emerged with the belief that media is causing it. The issue becomes even more serious whenâ€Å"...watching violence in the media becomes enjoyable and does not result in the anxious arousal that would be expected from seeing such imagery.† (Violence in the Media.). A lack of anxiety leads to apathy in people when it comes to doing violent crimes themselves. People become so used to watching violence and crime that it becomes apart of their lives and could influence them into behaving the same way as a character in a movie or tv show that they watch. This is especially true for children because they are watching these types of shows and movies while their minds are still developing. Violence in media is a serious issue because as media in fluence grows, the bigger the chance that crime rates will go up do to the impact it has on children in such an early stage of their life, and parents of these children need to get involved to stop the promotion of violent behavior. Research has shown that children are more prone to changing their behavior after watching certain tv shows. A study was done with a group of one hundred preschool kids at Tsaturian 2 Pennsylvania State University. These children were dividedShow MoreRelatedThe Effects Of Violent Media On Children952 Words   |  4 PagesWhen it comes to the topic of violent media being beneficial for kids, most of us will readily agree that there is an ongoing debate on whether or not children should be exposed to violence. Where this agreement usually ends, however, is on the question of whether violent media can help children express their rage and other feelings that they are taught to deny. Whereas some are convinced that exposure to juvenile violence in the media is harmful to children, others maintain that it can help themRead MoreThe Effects Of Violent Media On Children975 Words   |  4 PagesIn discussions of violet media on children, one controversial issue has been that violent media effects children in a negative way. On the one hand violet media causes children to build up aggression and are at risk to be more criminally active as adults. My own view, is some peopl e blame violent media for children’s aggression but media provides knowledge of what the content contains, to caution viewers from violent action. Violet media can also be beneficial to children, it causes them to expressRead MoreThe Effects Of Violent Media On Children971 Words   |  4 PagesIn discussions of violent media on children, one controversial issue has been that violent media effects children in a negative way. On the one hand violent media causes children to build up aggression, and are at risk to be more criminally active as adults. My own view, is some people blame violent media for children’s aggression, but media provides knowledge of what the content contains, to caution viewers from violent action. Violet media can also be beneficial to children, it causes them to expressRead MoreThe Effects Of Violent Media On Children901 Words   |  4 PagesIn discussions of violent media, one controversial issue is whether violet media, like videogames, or com ic books have a negative or positive effect on kids. On the one hand, some people argue that they enjoy expressing built up anger and emotions through reading comic books. On the other hand, violent media can effect young children and have them think it’s okay to be violent in real life. My own view is violent media does cause kids to have a mindset that killing or violent actions are okay toRead MoreThe Effects Of Violent Media On Children2635 Words   |  11 Pages4: The Effects of Violent Media Introduction As the internet becomes an essential part of daily life for most of the population, the youth have quickly adopted its usage. The increased availability of television, film, music, and video games has made these forms of entertainment popular choices for young consumers. Along with the increase in media options, media’s depiction of violence has increased as well. Concern over the increased violence in the media has prompted research on its effect of childRead MoreThe Effects Of Violent Media On Children And Youth990 Words   |  4 PagesEssentially since media is more violent than ever, and children and youth are getting more attracted to violent media. Studies on violent media shows a clear evidence that violence on media rises the possibility of aggressive behaviors in both short-term and long-term situations (Rowell Huesmann, Moise, Podolski, Eron, 2003). Most researchers agree that aggressive behaviors are more disposed to the harmful impact of violence on media. The ne gative effect is much larger for younger children because theyRead MoreThe Effects of Violent Media on Children, Adolescence, and Adults2656 Words   |  11 PagesThe Effects of Violent Media on Children, Adolescence, and Adults Cheri Burns COM/220 August 17, 2011 Mary McWilliams The Effects of Violent Media on Children, Adolescence, and Adults Violence in every form of media is a part of daily life. Children of all ages all over the world are being affected by violence in one form or another. This paper is focusing on television and gaming that children are engaged in. There have been many studies looking at this problem and ways to prevent childrenRead MoreViolent Media Does Not Have an Effect on Children Essay1974 Words   |  8 Pages Violent media is a prominent part of Americas culture. America is the home to dozens of multimillion dollar industries that specialize in making violent media. This media usually has a rating label on it, categorizing it as being made for young children, teens, or adults. The purpose of this is to protect children from the disturbing and/or violent scenes depicted in the media. Yet, millions of children under the age of 17 still have free access to violent media. However, even though childrenRead MoreViolent Media Is Good For Kids1324 Words   |  6 PagesWhen it comes to the topi c of violent media, some of us would readily agree it’s a controversial subject as to whether kids should or shouldn’t be exposed to it. This is because many children who view violent media react negatively rather than not being affected at all. Where this agreement usually ends, however, is on the question of what effects does it have on children. Whereas some are convinced that it is a healthy alternative for kids to express themselves, others maintain that it causes kidsRead MoreThe Effects Of Violent Media On Aggressive Behavior1590 Words   |  7 Pagescorrlation between violent media and aggressive behaviors in individuals. This paper represents an effort to provide a source for individuals who are interested to gain information on the effect of violent media on aggressive behaviors. Most of the peer-reviewed and scholary articles used in this paper provided conclusions that violent media have multiply harmful affects on individuals especially children. Krahà © and Mà ¶ller (2011) discussed the relationship between usage of violent media and aggressive