Hate Crime Laws: Are They Constitutional? Essay -- essays research pap

Are hate crime penalty enforcement laws constitutional? â€Å"That’s Gay.† If you are around teenagers today, that is a phrase you will most likely hear very often. It is not necessarily meant as a homophobic or hate-filled remark, and most of the time it is referring to an object, an idea, or a conversation; things that obviously have no sexual orientation. But now, according to a bill passed by the senate, it could almost be considered a hate crime. Many people support the widening of hate crime laws, assuming that with stricter penalties, the crimes will lessen. In June, 2004, Senate passed a bill that received a record number of votes, passing 65-33, including 18 Republicans voting yes. The measure will add sexual orientation, gender and disability to the list of motives that provide for enhanced federal prosecution of a violent crime against a person (Lochhead). The current hate crimes law, which originated during the civil rights movement of the 1960s when many Southern states failed to prosecute assaults on African Am ericans, includes crimes motivated by hatred based on race, color, religion, and national origin. Many see this as a step forward, but there are some who think it is unconstitutional. Religious groups argue that "It advances the radical, well publicized agenda of homosexuals to gain acceptance for, and legal recognition of, homosexuality as a normal lifestyle" (Toalston). So who’s right? Should there be a separate category for crimes committed to minorities? Shouldn’t all crimes be treated just as serious as another? I believe that the categorizing of crimes into Hate Crimes is just further segregating people because of their differences, and that paying more serious attention to crimes committed on minorities is sending a bad message to those who are in the majority. First off, many people perceive hate crime perpetrators as crazed neo-Nazis or "skinheads". However, most hate crimes are carried out by otherwise law-abiding citizens who see little wrong with their actions. Alcohol and drugs sometimes help fuel these crimes, but the main determinant appears to be personal prejudice. New FBI data shows that the number of hate crimes reported in 2003 increased slightly, from 7,462 in 2002 to 7,489 in 2003. The 7,489 hate crime incidents reported to the FBI in 2003 involved 8,715 separate offense... ...will continue to believe that the widening of the classifications of hate crimes is just a way to keep certain people happy and to make them feel safe, while it really only further separates people who are viewed as different. Hopefully, sometime in the near future, we will figure out how to reach the Ku Klux Klan and other hate groups of the world and prevent them from harming others. But I can tell you right now, that will not be accomplished by passing any bills that include the word â€Å"victim†, because it proves itself that its too late to help. Bibliography Lochhead, Carolyn - â€Å"Senate OKs bill including gays as hate crime victims† The San Francisco Chronicle, June 16, 2004 Toalston, Art – â€Å"Baptist agency lists '10 Reasons' to oppose hate crimes legislation† The Baptist Press, July 2 CivilRights.org - â€Å"New FBI Data Reports Increase in Hate Crimes† November 17, 2004 http://www.civilrights.org/issues/hate/details.cfm?id=26241 APA.org - Hate Crimes Today: An Age-Old Foe In Modern Dress http://www.apa.org/pubinfo/hate/ www.fbi.gov – Uniform Crime Reports http://www.fbi.gov/ucr/ucr.htm

Recycling and Dear Fellow Friends.standing

Recycling Good morning to our beloved teachers, Puan Rusni and my dear fellow friends. Standing here today,I would like to deliver a speech entitled,†Recycling. † According to the Asian Development Bank,rapid development,rising personal consumption and unprecedented levels of waste in Asia where cities will generate on estimated 1. 8 million tonnes of rubbish per day by 2025. In Malaysia alone,we produce over 15,000 tonnes pf rubbish daily and it is a matter of time before we run out of space to dispose them.In dealing with this phenomenon,we shall discuss some of the suggestions that all of us can adapt through the process of recycling to conserve the environment. One of the ways to recycle is to sell old newspapers to the junkman who will eventually send them to the recycling centres. By selling the old newspapers,we can earn some extra money at the price of RM0. 03 per kilogramme of old newspapers. Buying recycled paper is also another option. On the average,about 17 m arket sized trees are felled to produce a tonne of paper or one tree is felled to produce 20 reams of A4 size paper.Today,we recognise the limits of resource demand and this is the reason why recycled paper is critical part of our aspiration for a healthy global environment. We should also use both sides of a sheet of paper because it cultivates the habit of not being wasterful while saving our earth from further deterioration. In addition,glass bottles should be recycled. The energy saved by recycling a glass container can light a 100-watt bulb for up to four hours. Avoiding the use of plastic products is another recommended way to protect our Mother Nature because plastic is non-biodegradable,it may survive as long as 700 years.Apart from that,it is indispensably necessary for us to save water and electricity as much as possible. We have to save electricity because we are running fast out of fossil fuels. The fossil fuels saved by turning off the water taps while brushing our teet h. By doing this we can save the energy used to filter purify and transport the water to the end users. On the other hand,electricity can be saved by switching off the light,television,radio and fan before leaving any rooms.This is because the primary environmental impact of electricity consumption is the production of greenhouse gases which contribute to global warming. Hence,saving electricity is the key preserve our Mother Nature, Another advice that everyone ought to take head of is not to throw away leftover rice but instead,make fried rice,tamarind rice,pepper rice and yoghurt rice. This is because many poor nations of the Third World countries are suffering from famine and malnutrition due to accute shortage of food such as Mozumbigue and Sudun and Myannar.Lastly but not least,we can also use water for washing clothes to wash our parents'cars and other non-drinking purpose such as watering plants,washing toilets and mapping floors. As a conclusion,our planet is in a bad shape but most people choose to be indifferent to the effects initiated by the goverment to safeguard to dire condition of the environment. Majority of Malaysians choose to ignore the gathering storm clouds and hope the problem will magically take care of itslef.In Klang Valley,for instance,it produces more than 5000 tonnes of rubbish everyday which can cover the whole of Petronas Twin Towers,one of the tallest buildings in the world,in ten days and this is the reason why we must reduce,reuse and recycle. Whether the planet lives or dies,it depends on us and so,everyone plays a significant role by starting to recycle even from homes because a small change in behaviour has a measurable impact on our Earth. Thank you for lending me your ears. I hope all of you are benefited from my speech today.

What to Do When a Child Faces Racial Bullying in School

Racial  bullying  in school  should be taken as seriously, if not more so, than other forms of mistreatment children endure at the hands of peers.  Parents dont have to sit idly by while a bully chips away at their childs self-esteem. By learning to identify bullying, whos at risk and how it can be stopped, parents can take action. Bullying Want to end race-based bullying? First, it’s necessary to outline exactly what bullying is. Bullying may consist of physical violence, such as punching, shoving and hitting, or verbal assaults, such as spreading gossip about a classmate, calling the classmate names or teasing the classmate. In the electronic age, bullying also manifests in mean-spirited emails, text messages or instant messages. Additionally, bullying may involve excluding a classmate from group activities or ignoring the classmate. Sophisticated bullies are another matter entirely. Instead of abusing a person directly, they enlist their friends to gang up on a classmate for them. Studies on bullying indicate that 15% to 25% of U.S. students are bullied frequently. What’s shocking is that both bullies and their targets suffer from the practice. Students who bully have a higher chance of dropping out of school, abusing substances and committing crimes than others. On the flip side, up to 160,000 targets of bullies skip school annually to avoid abuse. Who’s at risk? Make good grades or have a cute boyfriend? A bully may target you. That’s because bullies pick on those they envy as well as those who don’t fit in. Because students of color in predominantly white schools stand out in the crowd, they make convenient targets for bullies. It requires little imagination for a bully to insult a classmate because of race. A racist bully may leave racially tinged graffiti on school grounds or verbally single out a minority student’s skin color, hair texture, eye shape, and other distinguishing features. Hit 1996 film â€Å"The Craft† has a storyline in which a white character named Laura racially harasses an African American classmate named Rochelle. In one scene, Laura and Rochelle are in the locker room after gym class, and Laura says, â€Å"Oh, God, look, there is a pubic hair in my brush. Oh, no wait, wait, that’s just one of Rochelle’s little nappy hairs.† When Rochelle asks Laura why she relentlessly teases her, Laura responds, â€Å"Because I don’t like Negroids. Sorry.† Rochelle is clearly hurt by the remark and her performance in gym class suffers because of Laura’s constant teasing. Targets of bullies not only suffer academically but may have trouble sleeping and eating. Their moods may change markedly as well. As the only black student in an exclusive Catholic high school, Rochelle finds herself in a clique of other misfits, including a new girl from out of town with magical powers. To stop the racist bullying, Rochelle enlists the help of the new girl to make Laura’s hair fall out. Too bad magical spells cant stop bullying in real life. Standing Up to Bullying How do you stop bullying? Ending it will likely require action from parents, students, and schools, alike. By talking with children, parents can pinpoint when bullying is most likely to happen and act to prevent their children from being targeted at such times. For instance, if a student is bullied before or after school, parents can arrange to have the child-driven to school or picked up afterward to prevent the child from being alone with a bully. Parents may also enroll their children in an assertiveness training course to give them tools to stand up to bullies. If a child is subjected to physical violence by a bully, parents may provide self-defense lessons as well. Reaching out to the family of a bully may also stop the abuse. However, one of the reasons children bully is because they witness bullying at home or have chaotic home lives. The bully may be picking on minority classmates because of racist attitudes they’ve been exposed to by family members. Given this, the bully’s family may be of little help in ending the abuse. Parents may also opt to discuss the bullying with school officials and enlist the help of administrators and teachers to end the mistreatment. As violence on school campus increasingly makes headlines, schools take bullying more seriously now than ever. When reaching out to school officials, let them know that you want your child’s role in having the bully punished to be a secret. Since bullies often increase their abuse when found out, it’s important that their targets are protected from acts of retaliation. Does your child attend public school? Academic institutions that receive federal funds are mandated to prevent students from exposure to racially hostile environments. Should a school fail to take action to thwart racist bullying, parents have the option of filing a complaint with the Office of Civil Rights, which investigates such matters. OCR typically resolves such complaints by requiring schools to adopt anti-harassment policies and procedures, train staff and students and address the incidents in question, according to its website. To boot, schools and teachers can reduce the likelihood that racist bullying will occur by pairing students of different races together on projects, holding diversity workshops and encouraging students of all races to sit in the cafeteria together. Damage Control Racist bullying may give children a complex about their ethnic background. To counteract the messages of a racist bully, help children feel good about their racial heritage. Celebrate important cultural events, put up images of individuals from diverse backgrounds around the home and allow children to socialize with peers from diverse backgrounds. Expose them to literature, film, and music in which people from their ethnic group figure prominently.

Is Genetically Modified Food Safe - 926 Words

Is Genetically Modified Food safe? In this article it explains if genetically modified foods are safe or not for consumers to purchase. It is important to realize and understand this situation because it is a substantial debate and dilemma if foods that contain growth hormone should be allowed out there in the market places. In the article the author gives examples and points of each argument so that people can decide if genetically modified foods are ethical or inaccurate in general. The article explains the positive and negative effects of each argument about having generically modified foods. Some negative examples in the article is that engineered foods could possibly affect the overall health of humans because of technical modifications of GMs somehow becoming toxic to humans because of different genes put in different kinds of foods and people are simply becoming super afraid of the fact that they are consuming GMOs every time they eat it. The positive examples that the article gives is that one or two genes th at are in different foods want effect or harm people and that the government has full control over these situation and people should stop becoming afraid. From what the authors says it is agreeable and it can help the economy more and the benefits are more important then the risks overall. There are some legitimate concerns around the business/legal real of GM crops, but in the terms of human safety and nutrition, the census is in and GM crops are safe (QuinnShow MoreRelatedAre Genetically Modified Foods Safe to Eat?704 Words   |  3 PagesAre Genetically Modified Foods Safe to Eat? Genetically modified foods are the food derived from organisms whose genetic material (DNA) has been artificially modified (1). GM food entered the food industry in early 1990s with the first invention of the Genetically Modified Food, Favr Savr Tomato specified with a characteristic of longer shelf life when compared with the conventional tomato and the approval of commercial sale by the U.S. Food and Drug Administration in 1994 (2). GM food was firstRead MoreThe Consumption Of Genetically Modified Food Safe1497 Words   |  6 Pagesthe food yourself at home or go out to eat for someone else to make it. We do not necessarily think about where the food we are consuming is coming from or what was the process of production of that food before we actually eat it. With the high demand of human consumption, scientists thought of a way to genetically engineer crops to assist with this demand while at the same time adding more vitamins and minerals to the crops. The question is, is the consumption of genetically modified food safeRead MoreGenetically Modified Foods Are Safe For Consumption1588 Words   |  7 PagesGenetically modified foods are present in our daily lives, yet there have been controversies on whether these foods are safe for consumption and whether we should aim to fill our diets with foods which lack these modifications. A fear which the public has concerning these products is that their health may be negatively affected through the consumption of genetically modified foods. These fears can be associated with the fear in the novel Frankenstein, coined as â€Å"Frankenstein-like†, because of theRead MoreHow Safe Is Genetically Modified Food?1688 Words   |  7 PagesHow Safe is Genetically Modified Food? There is a lot of controversy has occurred with the arrival of Genetically Modified Organisms (GMOs), especially the production, consumption, and sale. Many people are concerned, or not convinced, that the consumption of GMO foods by humans may or may not create health risks. Would you ever think of eating genetically modified food in your daily meal? If you re like most people, you ll be puzzled to know that most fast food places like McDonalds and BurgerRead MoreAre Genetically Modified Foods Safe and Nutritious? Essay1568 Words   |  7 PagesAre Genetically Modified Foods Safe and Nutritious Genetically modified (GM) foods have taken over the traditional methods of farming by now being planted in over a quarter of the world’s farm land and it is essential that they are labeled for all consumers to see. These genetically modified foods have taken a toll on not only the environment, but human health as well. Those that agree with the genes of crops and other foods being spliced to create a more â€Å"beneficial† product for man state thatRead MoreGenetically Modified Foods Safe Or A Hidden Danger? Essay1583 Words   |  7 PagesGenetically Modified Foods- Safe or a hidden danger? Joshua Yumul Pima Medical Institute â€Æ' Abstract Genetically modified organisms hold great potential to increase the nutritional value of food and as well as the productivity rate of crops, however they also provide many environmental and safety concerns. These concerns need to be looked at by all of society since we are the ones who are directly affected by these choices. The choice on genetically modified foods should be placed onto the informedRead MoreGenetically Modified Foods Have Been Proven Safe For Consumption1649 Words   |  7 PagesThis paper examines the latest evidence on whether genetically modified foods have been proven safe for consumption. Also explored are how people might benefit from genetically modified crops and whether or not food products made from Genetically Modified (GM) crops should be labeled. Another important topic is whether Genetically Modified crops could reduce world hunger. Finally, the effects of environmental effects of planting Genetically Modified crops will be examined. First, the understandingRead MoreArguments Of Proponents And Opponents Of The Safe And Accurate Food Labeling Act1744 Words   |  7 PagesAfter presenting the arguments of proponents and opponents of the Safe and Accurate Food Labeling Act. This paper will now analyze each issue to determine the strengths and weakness of each side’s argument. One argument that proponents make about genetically modified food is that they are no different than natural foods. An argument that opponents make is that genetically modified organisms have not been tested enough because they are fairly new and some scientist truly don’t have an understandingRead MoreGenetically Modified Foods And Its Impact On The Agricultural Industry Worldwide1639 Words   |  7 Pagesprecarious because of his inability to ensure his food supply.† Throughout the history of mankind, the global food supply has become a battleground for politicians, scientists, and farmers. Genetically modified organisms , or GMOs, have been in the spotlight throughout much of the last four decades, offering a viable solution to world hunger issues. It is through genetic engineering that scientists can achieve the creation of genetically modified crops, creating new crop varieties designed to yieldRead MoreBenefits Of Genetically Modified Foods1354 Words   |  6 PagesGMO’s Genetically Modified Foods is a new contervserasonal topic on the health on agricultural of the world. It is heavily debated for the reason that it can be seen as a health risk or a major advancement in Agriculture. One on hand, it can be used to increase production, as well has have foods that could be altered to be pest-resistant and greater nutritional values (WHAT ARE THEY). While on the other hand, many consider ‘Safety testing of whole foods is difficult. Generally assessment of ‘safety/toxicity’

Software Engineering Vs. Federal Aviation - 1676 Words

The author of the article mainly discusses about the two approaches that are useful for Software engineering. As technology is increasing on a rapid scale there is much need for the different software development approaches to be modified and enhanced in order to face the present customer requirements and blooming Technology market. Believers of the old approach of software development finds its best in developing with planning, reusability, predictability that helps to develop a perfect software product. On the other hand trending designers likes another model of software development that is Agile Methods, both the plan-driven approach and the agile methodology has their own pros and cons. If combined and developed a good end product can†¦show more content†¦XP is one of the agile methods which is defined as Extreme Programming, many new developers and designers are tending to follow these methodologies than the age old techniques. But managers who are accustomed to the traditional way of software development are finding it difficult in accepting these new approaches. Furthermore t he plan-driven approach also has many underlying advantages such as focusing on the major goals of the project which is named as â€Å"major milestone† on the contrary to â€Å"micro milestones or inch pebbles†. In the plan-driven approach more planning is emphasized which pressurize the development teams to follow the pre specified documentation even at the minor levels of modification at technology, commercial and personal aspects. The author of the article suggests that there should be at least three milestones in the software development process. Firstly for the progress of the project in order to know the current status of the project. Secondly for the stakeholder’s checkpoint i.e. to check the progress on the development process form the stakeholders point of view whether the commitment given to them is fulfilled or not. The planning spectrum demonstrates the models on straight line where the unplanned hacking is on the left of the spectrum and the inch pe bble in on the extreme right. Now after brief discussion of the different approaches the author tries to explain the advantages and disadvantaged of both

Impact of Television Violence In Relation To Juvenile Delinquency Essay Example For Students

Impact of Television Violence In Relation To Juvenile Delinquency Essay Impact of Television Violence In Relation To Juvenile DelinquencyWhen children are taught how to tie their shoes, it is because of howtheir parents showed them. When children are taught how to do math problems itis because how their teachers show them. With all of the role models how doestelevision effect our children?Many adults feel that because they watched television when they wereyoung and they have not been negatively affected then their children should notbe affected as well. What we must first realize is that television today isdifferent than television of the past, violence is more prevalent in todaysprogramming unlike the true family programming of the past. EFFECTS OF TELEVISION THE BEGINNING Questions about the effects of television violence have been around since the beginning of television. The first mention of a concern about televisions effects upon our children can be found in many Congressional hearings as early as the 1950s. For example, the United States Senate Committee on Juvenile Delinquency held a series of hearings during 1954-55 on the impact of television programs on juvenile crime. These hearings were only the beginning of continuing congressional investigations by this committee and others from the 1950s to the present. In addition to the congressional hearings begun in the 1950s, there are many reports that have been written which include: National Commission on the Causes and Prevention of Violence (Baker Ball, 1969); Surgeon Generals Scientific Advisory Committee on Television and Social Behavior (1972); the report on children and television drama by the Group for the Advancement of Psychiatry (1982); National Institute of Mental Health, Television and Behavior Report (NIMH, 1982; Pearl, Bouthilet, Lazar, 1982); National Research Council (1993), violence report; and reports from the American Psychological Associations Task Force on Television and Society (Huston, et al., 1992) and Commission on Violence and Youth (American Psychological Association, 1992; Donnerstein, Slaby, Eron, 1992). All of these reports agree with each other about the harmful effects of television violence in relation to the behavior of children, youth, and adults who view violent programming. The only thing that we know about the effects of exposure to violence and the relationship towards juvenile delinquency we gather from correlational, experimental and field studies that demonstrate the effects of this viewing on the attitudes and behavior of children and adults. Children begin watching television at a very early age, sometimes as early as six months, and are intense viewers by the time that they are two or three years old. In most cases the amount of televised viewing becomes greater with age and then tapers off during adolescence. ). The violence that is viewed is more important than the amount of television that is viewed. According to audience rating surveys, the typical American household has the television set on for more than seven hours each day and children age 2 to 11 spend an average of 28 hours per week viewing. (Andreasen, 1990; Condry, 1989; Liebert Sprafkin, 1988) The most important documentation of the amount of violence viewed by children on television are the studies conducted by Gerbner and his colleagues on the nature of American television programs. The results of these yearly analyses of the amount of violence on American television for the 22-year period 1967-89 indicate a steady but growing high level of violence. (Gerbner Signorielli, 1990) Programs especially designed for children, such as cartoons are the most violent of all programming. How many times have we all seen the Coyote try to kill the RoadRunner? GI Joe and many other programs also represent violence and the use of deadly weapons. Overall, the levels of violence in prime-time programming have averaged about five acts per hour and childrens Saturday morning programs have averaged about 20 to 25 violent acts per hour. (Lichter Amundson, 1992) However a recent survey by the Center for Media and Public Affairs identified 1,846 violent scenes broadcast and cablecast between 6 a. .u640190c510db411e7b93ffef2c40146b , .u640190c510db411e7b93ffef2c40146b .postImageUrl , .u640190c510db411e7b93ffef2c40146b .centered-text-area { min-height: 80px; position: relative; } .u640190c510db411e7b93ffef2c40146b , .u640190c510db411e7b93ffef2c40146b:hover , .u640190c510db411e7b93ffef2c40146b:visited , .u640190c510db411e7b93ffef2c40146b:active { border:0!important; } .u640190c510db411e7b93ffef2c40146b .clearfix:after { content: ""; display: table; clear: both; } .u640190c510db411e7b93ffef2c40146b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u640190c510db411e7b93ffef2c40146b:active , .u640190c510db411e7b93ffef2c40146b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u640190c510db411e7b93ffef2c40146b .centered-text-area { width: 100%; position: relative ; } .u640190c510db411e7b93ffef2c40146b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u640190c510db411e7b93ffef2c40146b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u640190c510db411e7b93ffef2c40146b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u640190c510db411e7b93ffef2c40146b:hover .ctaButton { background-color: #34495E!important; } .u640190c510db411e7b93ffef2c40146b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u640190c510db411e7b93ffef2c40146b .u640190c510db411e7b93ffef2c40146b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u640190c510db411e7b93ffef2c40146b:after { content: ""; display: block; clear: both; } READ: Chilean Wine Essaym. to midnight during one day in Washington, D.C. The most violent periods were between 6 to 9 a.m. with 497 violent scenes (165. 7 per hour) and between 2 to 5 p.m. with 609 violent scenes (203 per hour). (Lichter Amundson, 1992) Most of this violence is shown during hours that are not generally viewed by the adults therefore violence in the early morning and afternoon is viewed by children and youth. CORRELATIONAL EXPERIMENTS What are the effects of this televised violence on our children? .

Accounting Investment Planning

Questions: Part A Housing affordability is a goal of governments and opposition parties in Australia. A topic of discussion in the media is whether negative gearing combined with the capital gains tax discount (tax concessions) increases speculative activity in the housing market to the disadvantage of the first home buyer. Identify and evaluate key arguments both for and against retaining these tax concessions if housing affordability is to be achieved. Part B Jai is 50 years old, currently employed and planning to retire when he is 70. As part of his plans for retirement Jai recently sold the large home he has lived in for many years planning to purchase a smaller home to live in and also an investment property. After paying expenses associated with the sale and repaying his home loan Jai was left with $200,000 cash. Jai has placed an offer of $200,000 with a real estate agent to purchase a home which will be Jais principal place of residence. Jai has also placed an offer of $150,000 to purchase an investment property to be used for rental income. Jai does not have enough funds to complete the sales on both properties, but his bank manager has approved a loan for the shortfall of $150,000 at an interest rate of 5% per annum. In order to prepare loan documentation, the bank manager needs to know whether Jai will: a) use the $200,000 cash to pay for his new home and use the borrowed funds of $150,000 to purchase the investment property; b) use $150,000 of the cash to pay for the investment property and then pay for his new home with the remaining $50,000 cash and the borrowed funds of $150,000; or c) pay for his new home by using $100,000 of the cash and $100,000 of the borrowed funds; and pay for the investment property by using the remaining $100,000 cash and the balance of the borrowed funds ($50,000). Assume Jais goal is to take advantage of negative gearing opportunities and receive the most favourable tax treatment. Advise Jai which of the three options a), b) or c) - would best achieve this goal. Give reasons for your answer. Answers: Introduction: This assignment, carries discussion and recommendation about investment aspect under income tax law. The cases in this assignment carries focus, planning and executing the strategy of investment so that the maximum advantages of deductions, concessions can be achieved within the purview of provisions under Income Tax Assessment Act 1997 laid by Australian Taxation Office against the tax liability payable. The assignment also provides the explanation of tax concessions and other relevant aspect of capital gain along with the relevant rulings and cases. The presentation also considers the important aspect of investment i.e. negative gearing opportunity, its relevance and importance for long- term investors as well as first time homebuyers. Part A: In the present market structure and tax reforms in Australia, housing affordability has been a matter of concern for individuals or middle class families because the possession rates in recent years have coiled downwards from around 60% to 48%. According to surveys conducted in various countries which stands at par to that of Australia, it was analyzed that household debt is highest in Australia which is equal to 130 % (approx.) of GDP while that in other areas it is around 78% and such huge growth in the debt percentage is due to greater popularity in real estate investment which was promoted by the two concessions enforced by Australian Taxation Office i.e. negative gearing and capital gains tax discount (Gtze, Northcott Schuster, 2015). Whereas some other sources presents that these tax assistance are not the main reasons behind lack of housing affordability, but it is because of lack of supply. In general economic terms, we all know the inverse relationship between demand and su pply, i.e. if demand increases and supply constraint is there then the prices of such products rises. It is also monitored from few reliable sources that the maximum percentage of inviduals availing negative gearing tax concession for the measurement of their tax liability have modest earning of income therefore, it cannot be said that the real estate marketability has sweeped down for new investors because of the tax concessions introduced by the Australian Taxation Office. Negative gearing is a process under which an investor acquires an income generating investment, (mainly property) whose cost of acquisition and cost of maintenance is generally higher than the gross income expected to be generated. Under this strategy investor incurs short to medium term tax losses which in turn helps a tax payer to leverage his potential incomes or gains (Dore, 2015). Negative gearing is considered to be a tax concession because the loss generated out of this strategy is used to reduce the other taxable income of an assessee which eventually lower the tax liability to be payable. Another tax concession in relation to housing affordability is capital gains tax discount as laid under Income Tax Assessment Act 1997/ 36. It provides a discount of 50% on the amount of net capital gain arises from the sale of properties or investment provided such asset or investment have been held for more than 12 months by the assessee (Mason Harrison, 2015). Capital gain tax discount also enables an investor to leverage his tax liability as it reduces the taxable amount arise out of capital gains from long term assets. Further, under the ruling of case between Dickson vs. Taxation Commissioner (NSW) as decided by the High Court of Australia, it was stated that any income derived from any source shall be taxable in the hands of the assessee if such income generated in Australia and if such source is held for more than 12 months before its disposal then it qualifies for capital gain discount of 50%. Lately, the two tax concessions i.e. negative gearing and capital gains tax discount have been a debatable issue between the media and Australian government and opposition parties for housing affordability in the real estate market. The debate is whether these tax concessions are reasons for a rise of speculative activity in real estate market, which ultimately hinders the first property investor, or whether these tax concessions are not the sole reason for a fall in owning or possessing the property by individuals. According to some reliable sources of research, in a court verdict Mr. Morrisons claim was acknowledged which stated that the ratio of individuals who are negatively geared in the investment properties is around one in every ten as per the data of Australian Tax Office. It also showed that individuals who use the negative gearing tax concessions have taxable income below $80,000 at an average i.e. these investors have modest earnings. Some sources are of the contention th at the difficulty in possessing the house property is because of demand supply inverse relation while some other sources that since the Australian Government of Taxation has introduced tax concessions on capital gain for investors, it becomes the reason for increase of speculative activity in real estate market which eventually put barriers to those who are first home investor (Gill, 2015). From the various sources and references as well as from the points presented by Australian Taxation Office, advantages have not only provided to the long term investors in the form of tax investors but also to the individuals who are first homebuyer. The government of Australia had come up with the special loan plans, which help investors having low start up cost, lower amount of down payment, grant of loan to the qualified borrowers with low and fixed rate of interests. The government of Australia has initiated these certain advantages so that individuals can afford to buy their own home, which on the other hand stands at disadvantageous either for other investors or for some other reasons. Some of these reasons are sanction of loan at lower limits, requirements of high insurance fees i.e. the acquirer will have to buy insurance on mortgaged as a means of security, which would be around 20% of the mortgaged security, the most disadvantage part of the entire plan is the flexibility of the plan, which is very less. The plan is obtainable to limited class of investors who satisfies the required criteria and perfect credit. Hence, it can be sum up that the benefits provided by the Australian Taxation Office are both in favour and against to the investors while the tax concessions provided to long term investors are not the only reasons for difficulties in possession of house property (Evans, Minas Lim, 2015, September). Section 102.5 under Income Tax Assessment Act 1997 deals with the computation and assessment of capital gain taxability that arises on sale of investments or assets that includes in the taxable income of the taxpayer. According to the provisions and regulations, there are two types of capital gain arises to the assesses long-term capital gain and short term capital gain. Long-term capital gain occurs on disposal of assets held for more than 12 months while short-term capital gain occurs on sale of assets held for less than 12 months (Blunden, 2015). For the purpose of capital gain taxability, assets include any property or shares or jewellery or cash or any other movable or immovable assets, which helps in generating income to the investor. An assessee is eligible to claim any capital loss incurred in either previous years or in current taxation year against the capital gain, assessee is also eligible to claim deduction of 50% on long-term capital gain along with certain exemptions a s specified in the ITAA 1997 under section 102.5. Further, it is mentioned in the provision of Income Tax Assessment Act 1997/ 1936, that any long term capital loss incurred by the assessee in the current taxation year shal be set off with only long term capital gain of that particular current year. If the loss is carried forward to next assessment year then it can be set off against net capital gain taxable inclusive of short term capital gain. Hence, it can be said that the provisions laid under ITAA 1997 enforced by the Australian Taxation Office is more or less at par for both the long term capital investors and for first time property buyers. However, there are some more advantages for the long-term investors (Hulse Burke, 2015), which eventually lower their taxable amount, it cannot be said that the first time buyers face difficulties only because of the benefits given to the long-term owners. Australian government is trying to introduce and enforce new provisions, which could be beneficial to the new investors as well and once the period of holding extends beyond 12 months, they will fall under the long term investor category and accordingly eligible to claim deductions. Part B: In this part Jai, aged 50 years, employed wishes to be retired in 20 years at the age of 70, sold his long term owned property and planning to own another, a smaller one for personal use and another property for the purpose of investment (Jacobs, 2016). For this purpose the amount of cash, he left with after the completion of sale process and repayment of home loan was $200,000. As per the data provided, retained amount with Jai is $200,000 where as the amount of proposed loan is $150,000 at 5% per annum interest rate. The amount of interest to be paid annually is $ 150,000* 5/100 i.e. $ 7,500. As Jai wants to take the advantage of negative gearing opportunity so that his tax liability would be in his favour, it is required to analyze all the three scenarios provided including certain necessary assumptions in consideration with the provisions of Income Tax Assessment Act 1997, under section 102.5 for assessment of net capital gain enforced by Australian Taxation Office (Hayes, 2015). a. In the first case, Jai would be using cash of $200,000 for buying new home and loan amount $150,000 for buying property as an investment. Under this option, annual interest on loan $7,500 is to be paid by Mr. Jai, usually the rent income is less than the interest cost and as it is not available in the case it is assumed that the rent income from the property would be around $6,000 annually (Bourassa Haurin, 2016) which states that Jai incurs loss of $1,500. Jai is eligible to claim this loss as deduction while assessing his taxable income. Further, the value of property in future years should appreciate say, by 8% i.e. the value of property increases by $ 12,000 ($150,000*8/100) which eventually increase the value of portfolio by $10,500 ($12,000- $1,500). On the other hand, if we assume that rent income in this case is more than the interest cost then the question of negative gearing does not arise only (Ingles, 2016). b. In the second option, Mr. Jai would use the cash of $150,000 to buy the investment property and pay the balance $50,000 for his new home and remaining amount of $150,000 out of loan amount. In this case, negative gearing opportunity will not arise because Mr. Jai is using the loan amount borrowed for his new home, which is not an income generating property as the asset is for self-use. Additionally, annual interest cost payable equal to $7,500 and his rental income from the investment property would be 100% taxable in his taxable income under section 102.5 for assessment of net capital gain laid in Income Tax Assessment Act 1997 enforced by Australian Taxation Office. Further, considering the appreciation in the value of property as per the assumption in the first case, amounted to $12,000 will increase the portfolio along the with rental income (Jacobs, 2016). This Process might increase the portfolio of Mr. Jai but it will not give him the advantage in his tax liability as well as negative gearing opportunity would not be availed (Hulse Burke, 2015). c. In the third situation, Mr. Jai would use his cash $100,000 and loan amount $100,000 to buy home. Whereas for the investment property Jai is willing to cash $100,000 and remaining $50,000 out of borrowed amount. This scenario is little complicated in comparison to above two options. In case of acquisition of home, Mr. Jai would be paying annual interest of $5,000, i.e. 5% on $100,000, which does not qualify for the negative gearing, as the purchased home is not an income generating investment (Gill, 2015), whereas on the investment property annual interest payable will be $2,500. As the rental income assumed in option (a), we consider the same assumption in this option as well and hence, the rental income would be $6,000 annually. Therefore, Mr. Jai incurs net gain of $3,500 and accordingly, negative gearing opportunity does not arise but the same would be taxable in the hands of Mr. Jai. However, if both the properties are to be considered then Mr. Jai incurs total loss of $1,500 while the investment property appreciates at 8% per annum i.e. by amount of $ 12,000. This option is similar to the option (b) because Mr. Jai will not be eligible to claim any deduction in this strategy and the op portunity of negative gearing cannot be availed rather the income in the form of rent will be taxable according to the section 102.5 for assessment of net capital gain under Income Tax Assessment Act 1997. On evaluating, each of the three options above it is recommended, that Mr. Jai should opt for the first option, as his ultimate goal is to take the benefit of negative gearing opportunity under capital gain taxation along with the favourable tax recognition in the maximum in the maximum possible way (Gill, 2015). In the first option Mr. Jai is eligible to claim deductions of interest cost against his rental income from the investment property as well as negative gearing tax concession and additionally the value of his wealth would appreciate. Hence, the strategy of using his cash balance $200,000 for his home and borrowed amount of $150,000 for investment property is the most beneficial and favorable strategy among other options. Conclusion: This solution dealt with one of the most important debatable issue of Australia regarding housing affordability goals between the Government, opposition parties and media. Covering the different sources and concept of the Income Tax Assessment Act 1997 for investment and capital gain purpose the presentations carried the meaning, relevance and requirement of tax concession aspect for the speculative activity in the real estate market. As stated above, it is seen that the recent market structure for buying own house or property in the country has become very difficult and a great matter of concern even though there are few tax concessions and specified exemptions as presented by the Act of Income tax in Australia. As compared to the long term investors who get tax concessions on the disposal of their assets, for new and short term investors it becomes difficult to make investment and possessing house property as the market value is sweeping high while rate of income of individuals is coming down. Moreover, in the other part of the assignment, investment strategy has been carried out so as to avail the opportunity of negative gearing benefit and tax deductions and it has been concluded that the first option i.e. payment in cash for home and borrowed loan for the investment property is most beneficial option. Reference List: Adam, K., Marcet, A., Beutel, J. (2015). Stock price booms and expected capital gains.Available at SSRN 2634053. Blunden, H. (2015). Discourses around negative gearing of investment properties in Australia.Housing Studies, 1-18. Bourassa, S. C., Haurin, D. R. (2016). A Dynamic Housing Affordability Index.Available at SSRN 2721211. Daley, J., Wood, D. (2016). Hot property. Dore, M. H. (2015).Dynamic Investment Planning (Routledge Revivals). Routledge. Evans, C., Minas, J., Lim, Y. (2015, September). Taxing personal capital gains in Australia: An alternative way forward. InAustralian Tax Forum(Vol. 30). Feld, L. P., Ruf, M., Schreiber, U., Todtenhaupt, M., Voget, J. (2016). Taxing away MA: The effect of corporate capital gains taxes on acquisition activity.Available at SSRN. Gill, D. E. (2015). Consolidating the gains: Government intervention in risk capital.Venture Capital,17(1-2), 43-58. Gtze, U., Northcott, D., Schuster, P. (2015). Capital Budgeting and Investment Decisions. InInvestment Appraisal(pp. 3-26). Springer Berlin Heidelberg. Hayes, D. J. (2015). Changes in Iowa's Capital Gains Tax.Iowa Ag Review,4(1), 4. Hulse, K., Burke, T. (2015). Private rental housing in Australia: Political inertia and market change.Housing in 21st-Century Australia: People, Practices and Policies, 139. Ingles, D. (2016). Does Australia Need an Annual Wealth Tax?(And Why Do We Now Apply One Only to Pensioners).And Why Do We Now Apply One Only to Pensioners)(March 1, 2016). Tax and Transfer Policy Institute Working Paper-3/2016. Jacobs, K. A. (2016). Australias housing affordability crisis. Lopez, R. (2015).Fundamental accrued capital gains and the measurement of top incomes: An application to Chile. University of Chile, Department of Economics. Mason, C. M., Harrison, R. T. (2015). Business angel investment activity in the financial crisis: UK evidence and policy implications.Environment and Planning C: Government and Policy,33(1), 43-60. Morgan, H. J. (2016).CAPITAL GAINS: ENHANCING SOCIAL INCLUSION AND EMPLOYABILITY IN EAST LONDON THROUGH SPORT FOR CHANGE(Doctoral dissertation, University Library). Stilwell, F. (2016). Taxing times in Australian capitalism.Australian Socialist,22(1), 2. Weisbach, D. A. (2016). Capital Gains Taxation and Corporate Investment.University of Chicago Coase-Sandor Institute for Law Economics Research Paper, (740). Yao, L., White, M., Koblyakova, A. (2015).House price appreciation and housing affordability: a study of younger households tenure choice in China(No. eres2015_44). European Real Estate Society (ERES).