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Love is in the air after just one slice of Papaya Quick Bread. This recipe is a healthy alternative to the original Hawaiian sweet bread. Featuring whole wheat flour, carrots, cinnamon applesauce,and aromatic papaya, this bread is low in calories, packed with healthy antioxidants, vitamins C and D, potassium, magnesium, and fiber.

  • 3/4 cup egg substitute (or 3 whole eggs)
  • 3/4 cup mild olive or canola oil (or 4 sticks [1 cup] butter)
  • 3/4 cup packed brown sugar (2 cups granulated sugar)
  • 1 cup finely grated carrots
  • 1-1/2 cups applesauce or mashed ripe bananas (about 2 large bananas)
  • 1-1/2 cups mashed ripe papaya
  • 1-1/4 cup chopped nuts (walnuts, pecans, almonds, chopped dried figs and other chopped dried fruits can be used)
  • 4 cups white whole wheat flour (or a combination of 3/4 cups whole wheat flour and 1/4 cup white bread flour)
  • 1 teaspoon salt
  • 1 Tablespoon baking soda
  • 1 Tablespoon cinnamon (use less if you use cinnamon-flavored applesauce)
  • 1 teaspoon nutmeg (or 1 teaspoon allspice and 1 teaspoon ground ginger)

Optional ingredients

    • 1 Tablespoon grated fresh ginger (or 1/2 teaspoon ground ginger, or 1 Tablespoon minced crystallized ginger)
    • 1 Tablespoon grated orange zest and 1 Tablespoon freshly squeezed orange juice (or substitute lime zest and juice)

  1. 1
    Preheat oven to 325ºF.
  2. 2
    Grease and flour 2 metal loaf pans or 24-36 small muffin pans lightly.
  3. 3
    Wash, peel, and shred carrots.
  4. 4
    Wash and cut papaya in half; scoop out seeds and membrane; peel and mash or puree papaya fruit.
  5. 5
    Combine eggs, oil, and sugar in the mixing bowl of an electric mixer. Mixing on low speed just until combined.
  6. 6
    Add carrots, (applesauce, if using), mashed papaya, nuts and/or dried fruits. Stir until well combined.
  7. 7
    Mix together thoroughly salt, flour, baking soda, spices (of your choice) in a separate bowl.
  8. 8
    Add to the egg mixture, stirring gently by hand.
  9. 9
    Spoon batter into prepared loaf pans (or muffin pans).
  10. 10
    Bake at 325ºF for 50-60 minutes.
  11. 11
    Test for doneness: A wooden tester inserted into the center of bread should come out clean.
  12. 12
    Remove bread from oven and let rest in pan for about 10 minutes before removing from pan or slicing.
  13. 13

  • Hot bread is difficult to slice.
  • Serve sliced papaya bread toasted with honey, lime, orange, or mango jam (or jelly) with cut fruits, cottage cheese, and a drink for breakfast.
  • Silicon baking pans do not need greasing and flouring.
  • Serrated bread knife is best for slicing papaya bread.

Serving suggestions:

  • Yield: 2 loaves; 14 slices per loaf
    • (approximate)Nutritional analysis per slice (14 slices per loaf): Cal 191, Total Fat 10g, (Sat Fat 1g) Chol. 0.0 mg, sodium 102 mg, potassium 129 mg, total Carbs 256g (Fiber 1.5, sugars 10 g) Protein 4g.
  • Cooking sprays leave a film on baking pans which is difficult to remove without damaging the pans.
  • Serve sliced cooled papaya bread topped with whipped topping (or real whipped cream) flavored with lime zest (or lemon zest), 1-2 teaspoons lime (or lemon) juice, and a little agave nectar or syrup.

  • Some individuals are allergic to the latex found in the leaves, stems, and under ripe papaya fruit.
  • Nutritional analysis are approximate and based on a 2000 calorie diet. Values are rounded to nearest whole number. Values will change depending on size of pans, number of slices, and ingredient brands.

Things You'll Need

  • 2 loaf pans
  • electric stand or hand mixer
  • food processor or grater
  • spoonula (one of those handy long-handled silicone scrapers shaped like a spoon)
  • large bowl (or container that holds at least 6 cups dry ingredients)

Article Info

Categories: Fruit Breads

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Water parks are very fun for a class or summer camp to visit when it's hot. Here are some tips to make sure your group has a safe and fun trip.

  1. 1
    Find the nearest water parks. You can find a list at .http://waterparks.com/
  2. 2
    Research which water park has the best group pricing. Some even offer free or discount lunch.
  3. 3
    Get permission to setup a reservation for your group and do so A.S.A.P. as water parks get booked up fast.
  4. 4
    Get parental permission slips out.
  5. 5
    Know what your group can and can't bring. Since most of the water parks do not allow foodstuffs to be carried inside the water park, take only drinking water and some snacks for the journey. They also need a well-fit swimsuit, dry clothes, underwear for the ride home, and sunscreen.
  6. 6
    Get there right when it opens. Your group will have a couple of hours when the park isn't too crowded.
  7. 7
    Make sure your group uses the restroom before going the on rides. Also make sure they know it's not OK to use the bathroom in the water.
  8. 8
    Encourage campers/students to use lockers or put their belongings where somebody can keep an eye on them.
  9. 9
    Take note where the park's changing rooms are should your group need to use them. Campers should not use the restrooms to change.
  10. 10
    Get maps of the park, so your group can plan what rides to get on and in what order.
  11. 11
    Establish a meeting place and time for the end of the day.
  12. 12
    Your group should eat during the busiest time of day. Around noon, the water park might start to get very crowded. Keep a gap of at least 30 minutes between your group meal and entering the water.
  13. 13
    When it's time to go home gather and count children and head to the restrooms and changing areas. Make sure everybody uses the restroom and changes clothes. Do not let campers/students wear wet bathing suits home. Yeast and Bacteria grow very quickly on wet bathing suits and underwear, this could lead to infections.
  14. 14
    Toilet stalls at water parks can be very unsanitary so discourage children from using them to change.
  15. 15
    Make sure everybody finds their belongings and returns their keys before exiting the park.

  • Warn kids about swallowing park water. Chlorine and pH readings are usually posted at large water parks.
  • Avoid water parks that have unclean water or whose water purification plant is not working.
  • Make sure your group follows age and height restrictions. Size and coordination can be critical to certain rides
  • Know where all the lifeguard stations are located.
  • Boys should be warned that men’s changing areas are often not private and they may be exposed to nudity. They should know it's O.K. for them to undress with peers of the same gender.
  • Children should be told not to laugh or stare at anyone changing or make any kind of comments about other's bodies.
  • For safety reasons campers should use restrooms and locker rooms in groups.
  • Campers should use a buddy system at all times when at the park.

  • Your group should drink lots of fluids throughout the day to prevent dehydration.
  • Everybody must watch their belongings. Things get stolen often and fast at water parks!!
  • Do not do any distracting activities while supervising children around water.
  • Make sure an adult is constantly watching young children swimming, playing or bathing in water.

Things You'll Need

  • Research
  • Bathing suits
  • Dry clothes
  • Meeting place
  • Lockers
  • Parental permission slips
  • Group pricing

Sources and Citations

Article Info

Categories: School Field Trips

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Cloud Computing  Dec 7  Comment
WHITINSVILLE, Mass. , Dec. 7, 2012 /PRNewswire/ -- JamHub Corp., makers of an innovative line of silent rehearsal studio products for musicians and schools, today launched a new Kickstarter project to fund its new BandLab ™ cloud-based...

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Tag Archives: Luke Bryan

Eric Church Leads ACM Nominations

    Eric Church leads the ACM Nominations that were announced garnering 7 nominations this year.  Hunter Hayes was close behind getting 6 nominations, while Miranda Lambert and Taylor Swift each received 5 nominations. Starting on March 25, fans will be able to cast votes in the entertainer and new artist category. The ACM Awards will air live from Las ... Read More »

Luke Bryan Hangs With Harlem Globetrotter

    Luke Bryan hung out with Handles Franklin of the Harlem Globetrotter backstage at Luke’s show in Evansville, Indiana when Luke was challenged to spin a basketball on his finger.  Check out the video below to see if Luke was able to do it. Read More »

CMA Performers Announced

Two rounds of performers have been announced to perform on the 46th Annual CMA Awards show. The performers announced so far are Jason Aldean, Dierks Bentley, Luke Bryan, Kelly Clarkson, Miranda Lambert, Little Big Town, Brad Paisley, and The Zac Brown Band. More performers are to be announced. The 46th Annual CMA Awards will air live from Nashville on November ... Read More »

Jason Aldean Helped Nationals to Win

Talk about motivation. A Washington Nationals player, Adam LaRoche, had a little extra incentive on Saturday. Adam, as well as, a couple of other Nationals players, had tickets to the Jason Aldean and Luke Bryan concert and did not want to miss the concert and their game had been delayed by over 2 hours due to weather. “We’re like, ‘we ... Read More »

Luke Bryan May Say Yes to Singing Competition

Luke Bryan might say yes to being a judge or something like that on a TV singing competition….but only if it’s “the right thing.” As for Jason? He says probably not. He’d rather focus on the music and the road. Read More »


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Friday Beer Buzz Blog

Promoting and advancing the craft and microbrew culture in northeast Pennsylvania!

Fridays  - 8:35 AM with Bill from

If you like the popular, well-known, mainstream beers, in the end it's about what you like. But the WILK Friday Beer Buzz is about discovering that craft or microbrewed beer could help you attain a whole other level of enjoyment!

Talk microbrew with Webster & Nancy on Facebook!

5-2-14 Beer Buzz Homebrewers Contest Winners

Homebrew contest winners

Beer Guest:  Chuck Yarmey, Matt McDonough & Steve Nagley (In Studio)
- Wyoming Valley Homebrewers
Brewer: Matt McDonough  Beer:  Blood Red Saison  Designer:  Jim Legg
Brewed:  Dan Schreffler  Beer: Peach Mango Grapefruit IPA  Designer:  Anonymous
Brewed:  Steve Nagley  Beer Almond Joy Stout Designer:  John & Holly from BeerBuzz Bus II

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People : Chuck YarmeyDan SchrefflerJim Legg BrewedMatt McDonoughSteve Nagley

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5-2-14 Beer Buzz Homebrewers Contest Winners
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05/02/2014 10:11AM
Hats off...
Congratulations to our WILK Friday Beer Buzz 'Home Brew Contest' winners who suggested the concept and nature of the beers that ultimately were brewed. And congratulations also in order to the Wyoming Valley Homebrewers Club and especially Matt McDonough, Dan Schreffler, Steve Nagley, and Chuck Yarmey who brewed the beers. They were really good! Talented brewers, all! Thanks too, to Bill from and thanks to you for listening every week! Best, John (
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Jars Cantine Mugs, Set of 4

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  • The artistry of master ceramists is evident in every detail of this French stoneware collection—a fresh, modern interpretation of classic 1950s silhouettes. Renowned for coaxing rustic warmth from every piece they make, artisans shape and glaze the mugs entirely by hand, using an intricate 17-step process to create the unique “crackled” appearance and unparalleled richness of color. The inside of each mug has a distinctive hue, while the outside is a creamy white. Extremely durable and chip-resistant, these mugs are crafted in the south of France at the award-winning Jars Céramistes, founded in 1857.  Microwavable and dishwasher safe. 14.5-oz. cap.; 3 1/2" diam., 3 1/2" high. Sets of four.


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VideoFound: Male dog in Eagle Creek, with collar no tags, clean and healthy, very friendly, non aggressive. Call if he's yours, 210-844-1951.

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Disaster Drill in Mid-Michigan

By: Lori Jane Gliha
By: Lori Jane Gliha

Victims with bloody, scabbed foreheads, burned faces and bruised arms and legs flocked outside the GM Engine Plant on Canal Road in Delta Township.

That's where more than 40 emergency agencies gathered for a mock disaster drill Tuesday morning when a pretend dirty bomb exploded inside the plant.

Workers quickly evacuated injured employees and ran them through decontamination areas. Emergency crews also set up triage and medical tents to treat people who were injured in the accident.

Most authorities say they are pleased with the drill. However, some say communication could be improved. For example, several workers reported too many people trying to talk on the radio at the start of the drill, causing confusion and delays.

Officials say Tuesday's drill was one of the largest in the state of Michigan. Emergency personnel from Grand Rapids, Charlotte and Windsor joined rescue efforts.

Workers from the Grand Rapids Fire Department, the National Guard and the FBI were also on hand to help with the mock disaster.

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GM Dealers Waiting For A Fix

Close to 29 millions General Motors cars have been recalled this year.

Now the car company has ordered dealers to stop selling some older Cadillacs because of ignition switch problems. Those cars include 2003 to 2013 models of the CTS and 2004 to 2006 models of the SRX, covering 554,000 cars.

While dealers are anxious to get cars fixed, for some it's still a waiting game. We're talking to a local dealer who says they're still not getting the parts they need in.

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Elderly Man Dead In Wayne Co.'s Belleville Lake

By: Associated Press
By: Associated Press

VAN BUREN TOWNSHIP, Mich. (AP) -- Southeastern Michigan authorities say they're investigating the death of an elderly man whose body was found floating in a lake in Wayne County.
WDIV-TV says the Wayne County medical examiner got a call early Sunday morning of a man's body in Belleville Lake. The lake borders Van Buren Township and Belleville, about 25 miles west-southwest of Detroit.
Authorities say they couldn't immediately determine the man's identity. The say he appears to be in his late 70s.
The medical examiner's office has planned an autopsy Monday.

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Average Rating: 7
Yours: -1
File Size: .42MB
Downloads Today: 0 Downloads Total: 1447

Updated Feb 25, 2004 by songman

Comment #1 Wednesday, February 25, 2004 12:04 AM
nice photo
Comment #2 Wednesday, February 25, 2004 1:26 AM
ooooo...looks kind of like my kitty! I like it!!!
Comment #3 Wednesday, February 25, 2004 9:10 AM
What an adorable little cat! Thanks for sharing!
Comment #4 Wednesday, February 25, 2004 9:10 AM
Pretty kitty nice pic
Comment #5 Wednesday, February 25, 2004 11:47 AM
Very good - and works as a wallpaper all I need is a mouse looking left for an amusing dual monitor set up
Comment #6 Wednesday, February 25, 2004 5:36 PM
Wonderful photo...we have a female bobtail calico named Wilma... you'd never see her long enough to take a photo!
Comment #7 Wednesday, February 25, 2004 6:25 PM
Excellent indeed. Thank you very much for this.
Comment #8 Wednesday, February 25, 2004 6:45 PM
I wish I could get a picture of my cat like that............ Click on my name and see the best I can get..
Comment #9 Wednesday, February 25, 2004 9:46 PM
What kind of camera and lense are you using?

Nice clear pic.
Comment #10 Wednesday, February 25, 2004 10:13 PM
Thanks for the various comments. Luck was involved, no doubt, since she doesn't sit still for long. Credit the sun through the window for the lighting, and my Minolta Dimage Z1 with it's excellent telephoto lens. The picture was taken from a distance of about 7 close as I could get at the time. There were 1 or 2 others that turned out well, but this makes a good wall compared to the others.
Comment #11 Thursday, February 26, 2004 4:58 PM
A choice photo, to be treasured.

Love to see it at my photo sharing site too!

I invite you! »

Comment #12 Sunday, February 29, 2004 9:20 PM
This is an awesome photo. I know since I have tried to take pictures of my cats and they aren't very cooperative. The lighting is fantastic. Good job!
It is now my wallpaper!
Comment #13 Monday, March 15, 2004 7:42 PM
Is the cat psycho or is it just a misinturprtaion of the discription.........oh by the way cute cat.
Comment #14 Friday, March 26, 2004 11:35 PM
I love this pic...
Comment #15 Friday, March 26, 2004 11:36 PM
I have a Black "no tail" Manx, and to get a picture of him that isnt blurry is impossible... You have a great talent songman... I would love to see more of your work LOL
Comment #16 Saturday, April 03, 2004 12:18 AM
It's been said that we all have a twin somewhere, and this must apply to cats as well! One would not know that you snuck into my house and took a picture of my cat!!!!!!!! This is an e-x-a-c-t picture of my cat - and yes she is a psycho too!!!!

I'm awestruck
Comment #17 Tuesday, October 19, 2004 11:18 PM
Cute cat

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Pagham windmill, Sussex

Pagham #1872

NGR: SZ892988
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PhotoBeamer Lead

Nokia has released an interesting tool that enables the sharing of photos on a Lumia Windows Phone with a PC or other web-enabled device. Through the use of QR Codes, those with a Lumia smartphone can send a photo on the device over Internet tubes to a larger screen or to a friend's smartphone. All that's required is the Windows Phone app and a second screen, both with Internet access.

So how does it all work? The Windows Phone app opens up and browses the photo albums located on the handset (no Facebook integration here, folks) and said content can then be displayed on a supported / approved display that's connected to an Internet enabled device. Opening the app up will show the file chooser, and once a photo has been selected the app will then fire up the camera and will require the user to head to the PhotoBeamer website ( on the hardware where the photo will be displayed.

Photobeamer Site

The website will render a QR code, which will need to be scanned by the Windows Phone to initiate the connection. From then on the Windows Phone can be used to swipe through an album with the photos being generated on the connected display / device. It's basically a mobile projector which is available at any point should a WiFi or mobile connection be presently available. What's more is the service requires no registration and is free to use.

PhotoBeamer App

As mentioned above, PhotoBeamer does require a 3G / 4G network or WiFi to function. It saves plugging in cables, connecting to SkyDrive, copying and pasting albums and more. Unfortunately the Windows Phone app is limited to Lumia handsets, which is a shame as it would prove to be a handy tool for every owner to utilise.

You can download PhotoBeamer from the Windows Phone Store (Lumia handsets only).

QR: PhotoBeamer


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Visit for the latest on our upcoming conferences and webcasts

United States

United States

Your customers

It is now time to take a look around and see where the next markets are going to be for the wind industry. First, get to know your customers, the politicians. Second, hone your sales pitch. What sells in the windy states is jobs, which is what you want to create. And be prepared to educate. You'll have to start with the basics. The level of ignorance about wind is astounding.

Times are good. The wind industry is big business--a global operation with annual sales of over $2 billion. The last year saw 2600 MW of new turbines planted worldwide. In the United States we have more than 800 MW under construction. The great American wind rush of '99 will be remembered for years to come. Folks in the wind industry have had their heads down, rushing to fill orders before America's Production Tax Credit expires this month. It is now time, however, to take a look around and see where the next markets are going to be. And while you are at it, ask yourself, who are your customers? With markets opening up in Europe and North America, wind developers can get direct access to The People, many of whom want to see a cleaner planet for their children. But let's not forget the old middlemen, who still wield the clout. Virtually all of the wind development in the US Midwest right now is due to politics, not markets. The big ones-Lake Benton, Storm Lake, Clear Lake-are the direct result of political mandates, put in place over the objections of the local utilities.

Future markets in the US are being created in places where you've probably never been or have even heard of: Lincoln, Nebraska. Columbus, Ohio. Pierre and Bismarck. If 25 senators vote for and one governor signs a bill pending in the Nebraska legislature, a billion dollar market for wind could be created in that state over the next decade. A similar quantity is on the table in Iowa (pages 35-37). A billion here, a billion there. Pretty soon you're talking real money.

Meantime back at policy central in Washington there is indeed plenty at stake. There's the fight to get the Production Tax Credit reinstated and there's the Clinton administration's renewables portfolio standard (RPS) of 7.5% by 2010, and the Kyoto accord. They could all have a huge impact on the future of the wind industry. But Washington isn't the only battlefield. There are important skirmishes going on in 50 state capitols across the country. And wind power's biggest gains are being made there, not in Washington.

The wind lobby finally took notice of one of the larger fights, in Texas, a state with more carbon emissions than the UK or Canada. Working hand in glove with environmental activists there, they succeeded in getting a 2000 MW share of the market over the next decade, in the heart of oil and gas country-or at least it looked like they would succeed late last month. And now another state campaign has been set in motion by the American Wind Energy Association, which has announced a new lobbying group, Wind Power New York, to push for an RPS there. Environmentalists need help from the industry. In many of these states, air quality is not an issue, and global warming is considered a communist plot. But every legislator speaks the language of money. Jobs, jobs, jobs. The men and women of the wind industry speak that language too, and can get the attention of some legislators more effectively than the purest greenie.

The market rules are being rewritten now, not in Washington but one state at a time. For the wind industry to wait around for a federal RPS is unduly optimistic. Putting your faith entirely in green marketing is wilfully wishful. Hoping your enviro pals will deliver a market for you is foolhardy. It's time to get out your atlas and find Pierre. It's time to get involved.

The Politicians

First, get to know your customers, the politicians. In the minds of some right wing politicians, business people have a credibility that advocates may lack. The motivations of business people masquerading as lobbyists are clear and understandable-they want to make money, a noble American virtue. Politicians often find enviros to be uninvited busybodies with some mysterious agenda. Probably an anti-business agenda. Second, hone your sales pitch. What sells in the windy states is jobs, which is what you want to create. Rural governments in the declining American farm economy are keenly interested in tax revenues from wind projects to prop up what is left of their school systems. And when you are thinking about where to build that new manufacturing plant in America, think about the political implications. Consider that plant a reward for your best customers-the politicians. And make sure they know it.

And be prepared to educate. You'll have to start with the basics. The level of ignorance about wind is astounding. A typical comment comes from a retired engineer in Colorado at a city council debate on wind. "I don't think we should waste resources on a technology that is so intermittent and nebulous," he said about wind. "I hate to see people waste money." What's more, turbines can chop up birds, destroy a ridge line and produce flashing glare and offensive noise, he informed the meeting. Sure, there's no one more dogmatically ignorant than a retired engineer. But those of us who have dealt with politicians have encountered worse. I advise bringing hand puppets.

Someday, in a perfect world, the social cost of pollution will be taken into account and wind will be given its due as a sustainable resource. Or, the cost of wind turbines will keep falling until wind power is too cheap to meter. Then wind will compete in the marketplace. Until then, don't ignore those middlemen customers at this critical moment. Make sure they remember you when bill-writing time comes around.

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Greenock Creek

Greenock Creek Winery
Greenock Creek Wines is situated at Seppeltsfield in the rolling hills between the hamlets of Greenock and Marananga, on the western edge of the Barossa Valley. The winery's first release was in 1988, when it sold a 1986 Shiraz and a 1988 Chardonnay from its tiny cellar door situated beneath the Waugh's 150 year old stone cottage. Since then the winery has planted, grafted or acquired more vines, and now specialises in premium red wine production. Only grapes grown on the property are used, making it truly an estate winery. The range of wines includes five Shiraz, two Cabernet Sauvignons and a Grenache, all processed at the winery on the Waugh’s Roennfeldt Road property. The wines are released each year in early September and are sold through cellar door, mail order, a selected number of retail outlets in Australia and a small quantity via export. If there is a "Cult" Australian winery, this is it!
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Acker Merrall & Condit, Oct. 5, 2013

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Talk to the animals

During a communication session, the animal's identity is confirmed and your questions of concern are addressed. This can include behaviorial problems, aggressions with other animals and/or people in the household and the reasons behind it.  Messages can be sent to your pet from you.  You may be surprised to find out what your pet has to say about things.

Areas of pain and discomforts can be pinpointed through a body scan. This can prove to be instrumental in the proper diagnosis of a health related problem.

Permission to proceed with the communication must be granted by the animal.  This assures that there is no intrusion of privacy.  The information relayed is sent directly from the animal and translated.  It is helpful to have a main concern or focus for the communication.  This allows for a more precise response from the animal.  They do not think and interpret things as humans do. The clearer the intention the clearer the response.

The communication is energetic in form. This means it is not spoken in words.  What is received is translated according to the emotional body of the animal.

During a session, the energetic response from the animal is linked to the communicator. The communicator may experience discomfort or pain in the same area of the body the animal is experiencing it.

Many times an animal may be experiencing pain, but have no visable signs other than unexplained aggressions.  The communication session can help to discover the reasons behind behaviorial problems such as aggression, urinating in the wrong places, chewing, etc.

Results of Animal Communications

Check out my Interview at Floppy Cats

Animal communications are about healing.  Communications assist to heal the emotional body of the animal and the humans that care and love them.  It offers spiritual awareness and a better understanding of those special animals we share our lives with.

The animals that are in our lives may have been with us in a past life. They are with you because they chose to be with you. They offer unconditional love and devotion regardless of the situations.   It is our duty to provide a loving environment that nurtures their well being.

If you have an animal you would like to communicate with click here.  Most animals can be contacted long distance.  The willingness of the animal to speak determines whether communication can take place.

I am not representing a guarantee that the reading or interpretation is accurate or that you will receive particular results. The reading is offered with the intention that it may be helpful based on the information I believe was received by me from your animal.

I cannot tell you what your pet ate the day before or what they did yesterday.  The communication is based on what is most relevant to the animal in the present.  If they had a life threatening trauma that happened months or years ago it will not be shown unless that particular event is affecting them in the present and has not completely healed.  If your expectation is that I should know everything about your animal than this type of communication is not for you.

I am not a veterinarian and make no claim to diagnose or treat medical issues.


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September 1, 2015

Record: 3–6–0

Winnipeg Blue Bombers Logo

Blue Bomber Report

Blink reaches milestone with Blue

Roberts inducted into Bombers' Hall of Fame

WINNIPEG -- Retired running back Charles Roberts was known for his speed but he wishes he'd been a little slower leaving the Winnipeg Blue Bombers.

Of course it wasn't his choice, as he was traded to the B.C. Lions in September 2008 after already edging aside Leo Lewis as Winnipeg's all-time leading rusher.

Charles Roberts, who sits fifth on the CFL's career rushing list, was thrilled to be inducted into the Blue Bombers' Hall of Fame.

Charles Roberts, who sits fifth on the CFL's career rushing list, was thrilled to be inducted into the Blue Bombers' Hall of Fame. Photo Store

But he had only 13 yards to go before eclipsing the 10,000-yard career mark, which he did in a B.C. uniform.

"The one bad part of getting to the 10,000-yard plateau was that I had to celebrate in a locker-room basically full of strangers," he said Wednesday, as he was preparing to be inducted into the Bombers' Hall of Fame.

"B.C. was really, really good to me in the short time that I was there and those players, they really embraced me. But it just didn't feel right to reach such a milestone with another team."

B.C. didn't renew his contract in 2009 and he retired shortly after that. He now works for the post office in Long Beach, Calif.

"I've got a regular job. I can't weasel out of things like I did here."

At just 5-6 and a little over 175 pounds during his playing days, he was known for dodging the media almost as effectively as he dodged cornerbacks and linebackers.

He said he came to Winnipeg in 2001 thinking he was already signed to be the Bombers' starting running back. When he learned it was just a tryout and they already had talented tailbacks, he didn't think he'd be around long.

Instead, Roberts would go on to set a number of team records, including marks for the most consecutive 1,000-yard seasons and most rushing touchdowns. He sits fifth on the CFL's rushing list with 10,285 yards.

He earned the nickname Blink for his speed and passed the legendary Lewis in 2007 as Winnipeg's all-time leading rusher.

He said it was a little weird not to see the old Winnipeg stadium where it stood for half a century, not far from the hotel where the induction dinner was being held.

"The new stadium is absolutely magnificent," he said. "I saw it yesterday, it's something that every player would love to play in.

"But that old stadium, it had that mystique about it. Just rustic. If you're an outsider coming in, (you) don't want to come here. It was intimidating."

As for some of the conflicts he had with management when he wore the Blue and Gold, Roberts suggested it wasn't all that serious.

"I think the game has changed a little bit. When I came along it was still more of like a family atmosphere," he said. "The friction was more like a son not necessarily going with his parents' wishes... Every coach I played for I absolutely loved, even the one that traded me out of here."

The Bombers also inducted former team president George Graham and Ralph Warrington, the former general manager of CJOB, the team's longtime radio broadcaster.

-- The Canadian Press

Republished from the Winnipeg Free Press print edition September 19, 2013 D5

Updated on Thursday, September 19, 2013 at 7:00 AM CDT: Replaces photo, adds video

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Army of Trolls

Bill Gates once derided open-source advocates with the worst epithet a capitalist can muster. These folks, he said, were "some new, modern-day sort of communists", a malevolent force bent on destroying the monopolistic incentive that helps support the American dream. Gates was wrong: open-source zealots are more likely to be libertarians than commie pinkos. Yet there is some truth to his allegation. The frantic global rush to connect everyone to everyone, all the time, is quietly giving rise to a revised version of socialism.

Communal aspects of digital culture run deep and wide. Wikipedia is just one remarkable example of an emerging collectivism - and not just Wikipedia but wikiness at large. Ward Cunningham, who invented the first collaborative web page in 1994, tracks nearly 150 wiki engines today, each powering myriad sites. Wetpaint, launched just three years ago, hosts more than one million communal efforts. Widespread adoption of the share-friendly Creative Commons alternative copyright licence and the rise of ubiquitous file-sharing are two more steps in this shift. Mushrooming collaborative sites like Digg, StumbleUpon, the Hype Machine and Twine have added weight to this great upheaval. Nearly every day another start-up proudly heralds a new way to harness community action. These developments suggest a steady move toward a sort of socialism uniquely tuned for a networked world.

We're not talking about your grandfather's socialism. In fact, there is a long list of past movements this new socialism is not. It is not class warfare. It is not anti-American; indeed, digital socialism may be the newest American innovation. Whereas old-school socialism was an arm of the state, digital socialism is socialism without the state. This new brand of socialism currently operates in the realm of culture and economics, rather than government - for now.

The type of communism with which Gates hoped to tar the creators of Linux was born in an era of enforced borders, centralised communications and top-heavy industrial processes. Those constraints gave rise to a type of collective ownership that replaced the brilliant chaos of a free market with scientific five-year plans devised by an all-powerful politburo. This political operating system failed, to put it mildly. However, unlike those older strains of red-flag socialism, the new socialism runs over a borderless internet, through a tightly integrated global economy. It is designed to heighten individual autonomy and thwart centralisation. It is decentralisation extreme.

Instead of gathering on collective farms, we gather in collective worlds. Instead of state factories, we have desktop factories connected to virtual co-ops. Instead of sharing drill bits, picks and shovels, we share apps, scripts and APIs. Instead of faceless politburos, we have faceless meritocracies, where the only thing that matters is getting things done. Instead of national production, we have peer production. Instead of government rations and subsidies, we have a bounty of free goods.

I recognise that the word socialism is bound to make many readers twitch. It carries tremendous cultural baggage, as do the related terms communal, communitarian and collective. I use socialism because technically it is the best word to indicate a range of technologies that rely for their power on social interactions. Broadly, collective action is what websites and net-connected apps generate when they harness input from the global audience. Of course, there's rhetorical danger in lumping so many types of organisation under such an inflammatory heading. But there are no unsoiled terms available, so we might as well redeem this one. When masses of people who own the means of production work toward a common goal and share their products in common, when they contribute labour without wages and enjoy the fruits free of charge, it's not unreasonable to call that socialism.

In the late 90s, activist, provocateur and ageing hippy John Barlow began calling this drift, somewhat tongue in cheek, "dot-communism". He defined it as a "workforce composed entirely of free agents", a decentralised gift or barter economy where there is no property and where technological architecture defines the political space. He was right on the virtual money. But there is one way in which socialism is the wrong word for what is happening: it is not an ideology. It demands no rigid creed. Rather, it is a spectrum of attitudes, techniques and tools that promote collaboration, sharing, aggregation, co-ordination, ad hocracy and a host of other newly enabled types of social co-operation. It is a design frontier and a particularly fertile space for innovation.

In his 2008 book Here Comes Everybody, media theorist Clay Shirky suggests a useful hierarchy for sorting through these new social arrangements. Groups of people start off simply sharing and then progress to co-operation, collaboration and finally collectivism. At each step, the amount of co-ordination increases. A survey of the online landscape reveals ample evidence of this phenomenon.

i Sharing

The online masses have an incredible willingness to share. The number of personal photos posted on Facebook and MySpace is astronomical, but it's a safe bet that the overwhelming majority of photos taken with a digital camera are shared in some fashion. Then there are status updates, map locations, half-thoughts posted online. Add to this the six billion videos served by YouTube each month in the US alone and the millions of fan-created stories deposited on fanfic sites. The list of sharing organisations is huge: Yelp for reviews, Loopt for locations, Delicious for bookmarks.

Sharing is the mildest form of socialism, but it serves as the foundation for higher levels of communal engagement.

ii Co-operation
When individuals work together toward a large-scale goal, it produces results that emerge at the group level. Not only have amateurs shared more than three billion photos on Flickr, but they have comprehensively tagged them with categories, labels and keywords. Others in the community cull the pictures into sets, and the whole thing is searchable. The popularity of Creative Commons licensing means that communally - if not outright communistically - your picture essentially becomes my picture. Anyone can use a photo once it's posted, just as a communard might use the community wheelbarrow. I don't have to shoot yet another photo of the Eiffel Tower, since the community can provide a far better one than I could take myself.

Thousands of aggregator sites employ the same social dynamic for threefold benefit. First, the technology aids users directly, letting them tag, bookmark, rank and archive for their own use. Second, other users benefit from an individual's tags, bookmarks and so on. And this, in turn, often creates additional value that can come only from the group as a whole. For instance, tagged snapshots of the same scene taken from different angles can be assembled into a stunning 3D rendering of the location (check out Microsoft's Photosynth.) In a curious way, this proposition exceeds the original socialist promise of "from each according to his ability, to each according to his needs" because by its very nature, it betters what you contribute and delivers more than you need.

Community aggregators can unleash astonishing power. Sites like Digg and Reddit, which let users vote on the weblinks they display most prominently, can steer public conversation as much as newspapers or TV networks. (Full disclosure: Reddit is owned by Wired's parent company, Condé Nast.) Serious contributors to these sites put in far more energy and resources than they could ever hope get in return, but they keep contributing in part because of the cultural power these instruments wield. A contributor's influence extends way beyond a lone vote, and the community's collective influence can be far out of proportion to the number of contributors. That is the whole point of social institutions - the sum outperforms the parts. Traditional socialism aimed to ramp up this dynamic via the state. Now, decoupled from government and hooked into the global digital matrix, this elusive force operates at a larger scale than ever before, and the reach of its influence is massive.

iii Collaboration
Organised collaboration can produce results beyond the achievements of ad hoc co-operation. Just look at any of hundreds of open source software projects, such as the Apache web server. In these endeavours, finely tuned communal tools generate high-quality products from the co-ordinated work of thousands of members. In contrast to casual co-operation, collaboration on large, complex projects tends to bring the participants only indirect benefits, since each member of the group interacts with only a small part of the end product. An enthusiast may spend months writing code for a subroutine when the program's full utility is several years away. In fact, the work-reward ratio is so out of kilter from a free-market perspective - the workers do immense amounts of high-market- value work without being paid - that these collaborative efforts make no sense within capitalism.

Adding to the economic dissonance, we've become accustomed to enjoying the products of these collaborations free of charge. Instead of money, the peer producers who create the stuff gain status, reputation, enjoyment, satisfaction and experience. Not only is the product free, it can be copied freely and used as the basis for new products. Alternative schemes for managing intellectual property, including Creative Commons and the GNU licences, were invented to ensure these "frees". Of course, there's nothing particularly socialistic about collaboration per se. But the tools of online collaboration support a communal style of production that shuns capitalistic investors and keeps ownership in the hands of the workers and consumers.

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Yanukovych Residence

Katie Collins

For the last three years in Ukraine, 6 June has been known as journalist's day. Journalists and activists have gathered outside the President Yanukovych's residence, Mezhyhirya, to protest against media censorship. This year, though, is different.

On 22 February, Viktor Yanukovych fled after his presidency came to an end and his private estate in the countryside outside of Kiev was opened up. This year on 6 June, journalists and activists have come together once again, but this time inside the vast residence, where they have set up Mezhyhirya Festival to celebrate freedom of expression and the work of the Ukrainian journalists who fought hard to reveal the economic corruption that allowed Yanukovych to live in luxury.

In a state where the government and the civil service have been rife with corruption, it is the journalists who have been almost solely responsible for holding them to account. For years they did this facing persecution and with little success, but when Yanukovych abandoned his compound journalists and activists entered and discovered incriminating documents floating in the lake.

The Yanukovych Leaks project

"We were drying them on this very floor," says journalist Denis Bigus referring to the corrugated steel hangar in which the Festival is taking place. Journalists and volunteers poured into Mezhyhirya to try and rescue the documents.

"From the first days [they] were working hard here with the documents, they were drying them, scanning them. At one time there 120 journalists, divers, volunteers and Euromaidan activists in one place," explains Tata Peklun, one of the journalists involved in organising the Yanukovych Leaks project.

The project saw nearly all of the 25,000 documents discovered at Mezhyhirya scanned, digitised and put online for Ukrainians to view and for other journalists to undertake their own investigations into what was going on within the lavish compound.

In order to recruit volunteers, the journalists ran a Facebook campaign asking for people to come along and bring any scanning equipment they had available. It was a massive success -- a family printing company showed up bringing all the equipment they had; people who couldn't come all day came by after work; restoration experts turned up with a huge van to help make sure none of the information was lost.

"Of course we did not know the scale of Mezhyhirya," says Peklun. "So for seven days we managed to go along the whole territory." They used everything they had at their disposal including saunas to dry the documents out, and cameras and mobile phones to record the documents. There was some concern, she adds, as they had no idea how long they would be able to remain there and collect evidence; there was always a risk that prosecutors might turn up and cart the documents away.

They also had no internet access at the residence, so getting the files online was a huge challenge, but a local internet mogul made sure they were connected. As a result, the documents on the Yanukovych Leaks website have been viewed more than four million times. "We are working on adding some more functionalities," says Peklun. But, she adds, "the main thing is that now each documents is scanned in a quality way."

Incriminating evidence

What then was in these documents that Yanukovych had been so keen to destroy before he fled? "The biggest majority were related to the area where we are now," says journalist Natalie Sedletska, referring to the estate. As far as possible they have been split up into different categories from contracts with suppliers and bank bills to wage details and personnel information.

Some of the documents stand out as being particularly interesting: a handwritten bill for $12 million with no explanation of exactly what it relates to; financial reports about cash donations from 2006-2008, which were made by unknown people and brought to the residence; evidence that two people from local community who tried to break up Stop Censorship meetings were employees of estate.

Perhaps the most interesting document was found in the hut of Yanukovych's personal bodyguard. Inside it were documents about Euromaidan, and notes about the tracks and movements of rebels and journalists around the city. One note about a journalist being attacked and beaten was accompanied by the remark that the "operation of cleaning up had been finished". It also showed that to an extent some of the information being fed to Yanukovych came to him in a distorted form, but nevertheless he knew what was going on in the country.

By World Economic Forum from Cologny, Switzerland [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

The notebook also detailed many of the intricacies of Yanukovych's private life that were unknown to Ukranians. The president gave the impression of being always busy, but in fact he spent much of his time receiving massages and cosmetic treatments. "What impressed most and what characterised our former president was this notebook of his former bodyguard," says Peklun. "Yanukovych made an impression of a more powerful person, but not a person that enjoyed all these cosmetic procedures."

The documents allowed the journalists to discover if not exactly where the money was coming from, how the president was laundering it -- using false charity foundations and real estate -- and spending it (on elaborate chandeliers and on his wife's hobby of raising rare and expensive dogs, among other things). "This only proves that every sheet of paper from these files could become a specific piece of evidence in Yanukovych case. There is a case filed across Yanukovych for economic crimes and for stolen money and now we hope to bring this money back to Ukraine."

This is reiterated by Carolyn Parisot from the FBI who has been working with the Ukrainians and with law enforcement across Europe in order to try and help with the investigation by analysing the evidence. "We want to identify the corruptly obtained assets in Ukraine," she says. "Most importantly we want to return the assets to the citizens of Ukraine."

Investigations and pursuing justice

What happens next, says Peklun, is "not just a question for journalists". She does urge more journalists to get involved in the project -- rightly pointing out that with 25,000 documents there are many stories to be discovered -- but also urges them to work together with prosecutors. Parisot, too encourages journalists to continue working with law enforcement, who may have better access to financial and business records that will allow the investigations to be as thorough as possible.

Peklun would also like to see many more politicians associated with the corruption that took place during the Yanukovych regime be held to account in a similar way to the ex-president. "Maybe Yanukovych leaks is the project which will become the challenge to all politicians who believe their activities will never be punished. They believe the power they've got will be their power forever," she says.

Commenting on the scale of the corruption, the first deputy prosecutor general of Ukraine Mykola Holomsha said: "The impression was that we had no organised crime in the economy, that there was no corruption that all civil servants were obeying the law." Having examined the documents though, he adds that he has "never ever seen such a case of stealing -- these are all agencies and ministries that all corrupt from the bottom up."

There are ongoing investigations into many of the people involved in these organisations, but in accordance with the constitution, the prosecutor cannot name people before they are found guilty. Be assured though, he says, "The ministers and heads of different agencies are among them."

"Without these materials… we wouldn't have what we now have in Ukraine, we wouldn't be here sitting in this place," says Dmytro Gnap, another journalist who has played a huge part in unveiling corruption in Ukraine. "Maybe we would standing there by the fence. What happened in Ukraine what in the last months and in recent months and all our work prove that journalists have real powers. Journalists and investigators are the fourth power."

Latest on wired.co.uk


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Wisconsin Lawyer: Protected Thoughts? IRS Threatens Attorney Work-Product Doctrine:

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    Protected Thoughts? IRS Threatens Attorney Work-Product Doctrine

    The Internal Revenue Service has achieved some success persuading courts to limit the application of the attorney work-product doctrine, forcing disclosure of work product – including an attorney’s mental impressions – in certain situations. If the IRS continues to make in-roads, other government agencies, or even private parties, may follow. That should concern all litigators.

    Jay W. Miller

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    Wisconsin LawyerWisconsin Lawyer
    Vol. 84, No. 10, October 2011

    The attorney work-product doctrine, although well established in legal jurisprudence, has come under assault from the Internal Revenue Service. The IRS has achieved at least partial success persuading courts to limit the doctrine’s application, forcing disclosure of some work product in certain situations.

    This article examines 1) the attorney work-product doctrine, 2) the financial context that has given rise to litigation involving the doctrine, 3) the conflict among federal appellate courts in interpreting the doctrine’s scope, 4) why the conflict has relevance beyond taxes, 5) the IRS’s temporary disregard for the doctrine, 6) the IRS’s sudden change in position, and 7) the doctrine’s current status and what attorneys can do to minimize the risk of losing its protection inadvertently.

    Work-product Doctrine Background

    The seminal case recognizing the work-product doctrine is Hickman v. Taylor.1 In Hickman, the U.S. Supreme Court held that an attorney’s files prepared “with an eye toward litigation” are normally protected from discovery by the opposing party.

    Several years later the work-product doctrine was codified in Rule
    26(b)(3) of the Federal Rules of Civil Procedure: “Ordinarily, a party may not discover documents … prepared in anticipation of litigation or for trial by or for another party or its representative … [unless] … the party shows a substantial need … and cannot, without undue hardship, obtain their substantial equivalent by other means.”

    To underscore the protection afforded an attorney’s own thought processes, Federal Rule of Civil Procedure 26(b)(3)(B) adds that the court “must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation.” This provision has been interpreted as meaning that an attorney’s “mental impressions” are “virtually undisclosable.”2

    Whether that is still true has been called into question as a result of recent judicial and administrative developments. Before looking at those developments, this article looks at the financial context in which they arose.

    Assessing Tax Litigation Risks in a Nonlitigation Context

    When a company considers business transactions, it often wants to know the tax ramifications before deciding what to do. Because of the complexity of the tax laws, the answer may be far from certain. If, in the face of that uncertainty, the company still decides to go forward with the deal, it could be presented with a range of tax-return possibilities.

    What gets reported on the return may depend on an interpretation of the tax laws. If that interpretation does not prevail following an IRS audit of the return and possible litigation, the taxpayer will owe additional taxes. Several years could pass, however, before the final tax liability is determined.

    Therefore, federal securities laws require public companies to issue financial statements (certified by an independent auditor) that “include estimates of potential liability [reserves] if the IRS decides to challenge debatable positions taken by the taxpayer in its return.”3

    Assessing a company’s tax liability exposure for financial statement purposes often necessitates a legal analysis, which might be contained in memoranda or written opinions of one or more attorneys. Although such documents include the attorneys’ “mental impressions,” federal courts are sharply divided as to whether the documents are prepared “in anticipation of litigation” for purposes of the work-product doctrine and, consequently, whether they are protected from disclosure to the IRS.

    A Split Among the Federal Circuits

    Webxtra video: More from the author: IRS Threatens Attorney Work-Product Doctrine

    In this video, Jay Miller explains how the IRS is threatening the attorney work-product doctrine and why all attorneys should care.

    In United States v. El Paso Co. and United States v. Textron Inc., the Fifth Circuit and the First Circuit, respectively, limited the scope of work-product protection. The El Paso court stated that it would afford work-product protection only “if the primary motivating purpose behind the creation of the document was to aid in possible future litigation,”4 and the Textron court said it would likewise extend such protection only if the document were prepared “for use in litigation.”5 For these courts, an attorney’s work product used in preparing financial statements would not be protected from disclosure to the IRS, since financial statements are intended to address regulators’ concerns in the ordinary course of business.

    The fact that the content of the attorney’s documents focuses on the risk from certain tax positions being challenged by the IRS in administrative proceedings and in court does not matter under the “primary-purpose” test. This is so even though authority exists for the proposition that work done “in anticipation of litigation” can include memoranda prepared in advance of an IRS audit that is likely to lead to litigation.6

    In short, the Fifth and First circuits would narrow the scope of the attorney work-product doctrine by virtue of the primary-purpose test that they have adopted.

    On the other hand, in reviewing comparable tax issues, the District of Columbia Circuit in United States v. Deloitte LLP and the Second Circuit in United States v. Adlman adhered to the more commonly accepted and broader “because of” test, asking only whether the document in question had been prepared or obtained “because of the prospect of litigation.”7 Under this test, an attorney’s work product used to assess litigation risks for financial statement purposes would still be protected, since what matters is the content of the work product, that is, the risk of possible litigation. As the Second Circuit has reasoned, “[A] document … does not lose work-product protection merely because it is intended to assist in the making of a business decision influenced by the likely outcome of the anticipated litigation.”8

    Although the Seventh Circuit and, from a state law perspective, the Wisconsin Supreme Court have been cited as subscribing to the because-of test, they have done so in a context removed from taxes.9 Whether these courts would adhere to that test in another context is unknown.

    To illustrate the uncertainty of it all, the majority in Textron likewise purported to be applying the because- of test. Yet, as a substantive matter, that same majority ruled that it would not extend work-product protection to tax documents unless they specifically were prepared for use in litigation, which is a far cry from what the because-of test requires.

    Ramifications Beyond the Tax Arena

    This debate is of interest to more than tax attorneys. Attorneys in a variety of fields write memoranda and opinions for clients, containing their mental impressions about the risk of litigation, or litigation strategies, associated with a particular transaction. The attorneys’ work may concern antitrust, intellectual property, or securities laws, just to name a few nontax subjects. Moreover, if the purpose for the analyses is to inform some business decision about proceeding with a project – not to prepare for litigation – the analyses arguably would be discoverable if the primary-purpose test espoused in the Fifth or First circuits were held to apply.

    Jay MillerJay W. Miller, Arizona 1974, LL.M.-Taxation New York Univ., is a sole practitioner in Whitefish Bay and focuses his practice on representing clients who have disputes with the IRS. He is an adjunct professor in the graduate tax program, Lubar School of Business, UW-Milwaukee. Contact Jay at com jaymiller16 gmail gmail jaymiller16 com.

    As another nontax example, the Second Circuit in Adlman provided the hypothetical situation of attorneys evaluating litigation risks to a company if it were to publish a book when another company purported to hold the book’s exclusive publication rights. In that situation, the court noted, adversaries later might be able to discover the attorneys’ work product under the primary-purpose test because the work was prepared primarily to help the company decide whether to publish the book, not to assist in litigation.??

    The attorney-client privilege provides the first line of defense in protecting such a document from discovery. But disclosing that document to a third party, either in the private sector or government, waives the privilege.

    That is not the case with the work-product doctrine, however. As the D.C. Circuit observed in Deloitte LLP, “While voluntary disclosure waives the attorney-client privilege, it does not necessarily waive work-product protection.”11 Disclosing work product to a third party waives the protection only if such disclosure is made to an adversarial party. The D.C. Circuit ruled in Deloitte LLP that the taxpayer’s independent auditor was not its adversary with respect to the tax-related documents disclosed.

    Accordingly, in situations in which disclosures are made to third parties, the attorney work-product privilege may prove to be sturdier than the attorney-client privilege. Yet that counts for little if the doctrine otherwise is not given effect in specific circumstances.

    How the IRS Seemingly Disregarded the Doctrine’s Application

    The IRS substantially heightened concerns in the legal community about the lack of effect to be given to the work-product doctrine when it issued Announcement 2010-9 in early 2010. To understand what the IRS did, however, it is necessary first to examine more closely its “victory” in Textron in August 2009.

    In an en banc decision, the Textron court ruled 3-2 that analysis Textron relied on to determine its contingent tax liabilities in accordance with securities laws and financial accounting principles was not entitled to be withheld from the IRS under the work-product doctrine. Assessing litigation risks made no difference to the majority, because – consistent with the primary-purpose test – the analysis was prepared primarily for financial statement purposes and not for use in litigation. The fact that the contingent tax liabilities stemmed from tax shelters characterized as so-called “listed transactions” (transactions the IRS determined to be of a tax-avoidance nature) probably bolstered the majority’s resolve to override work-product protection, regardless of the decision’s broader ramifications.

    The dissent’s vehemence in Textron demonstrates the controversy this issue has engendered. It asserted that allowing the IRS to gain access to taxpayers’ litigation risk assessments would disclose “the sort of mental impressions … that Hickman sought to protect.” The dissent also warned that “[c]orporate attorneys preparing such analyses should now be aware that their work product is not protected in this circuit.”12

    Although the Textron holding is binding only in Puerto Rico and the four New England states that are within the First Circuit’s jurisdiction, the IRS apparently seized on the majority opinion to issue Announcement 2010-9,13 which would have had application across the country. Moreover, that Announcement cast a pall on the work-product doctrine that exceeded anything that the Textron majority did.

    To start, the Announcement stated that corporate taxpayers with assets in excess of $10 million and established tax reserves for uncertain tax positions on their financial statements generally were subject to its rules. Among other things, the Announcement required that such taxpayers disclose to the IRS each uncertain tax position for which a reserve was maintained.

    Moreover, the disclosure was to include not only the rationale for the position but also the reasons for determining that a position was uncertain. In other words, taxpayers covered by the Announcement were to explain why a tax position was vulnerable – providing the ultimate roadmap for an adversary, here the IRS. The Announcement added that the disclosure should include the maximum potential tax liability the IRS could obtain from a successful challenge of that position.

    This is startling stuff. If the Announcement were enforced, corporate taxpayers otherwise meeting the criteria would have to disclose the weaknesses in their positions to the IRS, even if the expectation were that the issue might result in litigation. Moreover, the IRS did not carve out an exception for work that attorneys may have performed, including their mental impressions. In short, the Announcement appeared to pay no attention to work-product protection.

    Not unexpectedly, the Announcement sent a shock wave through the tax legal community. Whereas disclosure to the IRS in Textron depended on a taxpayer having purportedly engaged in listed transactions, Announcement 2010-9 (for the most part) required disclosure whenever a taxpayer established a tax reserve for an issue for financial statement purposes, whether or not the issue involved a listed transaction.

    The American Bar Association strongly protested, claiming that the Announcement was “inimical to the fundamental protections afforded by … the attorney work product doctrine.”14

    Sudden Change in IRS Position Still Leaves Questions

    In the midst of this furor, the D.C. Circuit released its ruling in Deloitte LLP at the end of June 2010. The court disagreed with the reasoning of the majority in Textron and instead adopted the because-of test,15 leaving a major question about how its holding could be squared with Announcement 2010-9.

    Whether it was a coincidence is not known, but in September 2010 – only a few months after Deloitte LLP was decided – the IRS sharply reversed course from that charted in Announcement 2010-9 (and seemingly foreshadowed by Textron) with the issuance of announcements 2010-75 and 2010-76.16 The announcements said that the IRS was “expanding its policy of restraint” with respect to disclosing uncertain tax positions and would “forego seeking particular documents that relate to uncertain tax positions.” These announcements represent the IRS’s current position.

    Documents that will no longer be sought include those containing an attorney’s opinion (that is, mental impressions) regarding a taxpayer’s weaknesses that might lead to litigation. Instead, the IRS now requires only a concise description of each issue for which a taxpayer either establishes a reserve on its audited financial statement or does not establish a reserve because it expects to litigate the issue. Importantly, the IRS will not ask for the reasons for and against a certain tax position, including those that an attorney might posit.

    The IRS schedules also no longer require disclosing the maximum potential federal tax liability associated with a tax position – or the size of the position. Instead, each tax position is to be ranked by size (without reporting the actual amount itself). The relative size is to be determined by the tax reserve recorded on the taxpayer’s audited financial statement for that position. Moreover, a tax position for which the reserve exceeds 10 percent of the total reserves for all positions must be separately designated.

    Announcement 2010-76 went on to say the following:

    “If a document is otherwise privileged under … the work product doctrine and the document was provided to an independent auditor as part of an audit of the taxpayer’s financial statement, the Service will not assert during an examination that privilege has been waived by such disclosure.”

    After the announcements were issued, IRS chief counsel William Wilkins cautioned that although the announcement indicates what the IRS examination policy is, it does not purport to state the scope of the attorney work-product doctrine or what the law of waiver is.17

    Steps to Protect Application of the Work-product Doctrine

    Where are we today? If an attorney is preparing work with an eye toward litigation – but also for another purpose – some courts might determine the doctrine does not apply unless the primary purpose of the work is actually for preparation for or use in litigation.

    Although the IRS has retreated from its Announcement 2010-9 position, it is uncertain if the IRS will change its position again, especially if it secures another victory like that in Textron. Moreover, even now, the IRS requires corporate taxpayers of a certain asset size ($100 million and above in 2010, phasing down to $10 million for 2014) to disclose the ranking of their tax positions. In so doing, the scope of the work-product doctrine arguably is still being curtailed.

    This is so because it is quite possible that the relative rankings of a corporate taxpayer’s disclosed tax positions result, in part, from an assessment of litigation risks by its attorney(s) – or, in other words, result from the attorneys’ mental impressions. Such mental impressions used in anticipation of litigation are supposed to be virtually undisclosable, but that remains questionable in light of the rankings.

    Public corporations already are required to record tax reserves on their audited financial statements, and the IRS may review those statements. There is a big difference, however, between disclosure of reserves on financial statements and disclosures of the type the IRS requires. The tax reserve figure reflected on audited financial statements is an aggregate total without any breakout of individual positions. Conversely, the tax reserve rankings required by the IRS are listed separately for each tax position, with an accompanying concise description for each. The latter obviously is far more revealing than the former.

    How attorneys assessing litigation risks can protect their work product. Avoid sharing such assessments with a third party whenever possible. The work should then comport with the attorney-client privilege, if nothing else. To the extent that sharing cannot be avoided, such as in the tax cases discussed above, it is important to establish a “paper trail” to underscore the significance of such work from the perspective of preparing for possible litigation. An example of the danger of not doing so occurred in Textron, in which the majority pointed out that only one suggestion (by Textron’s chief tax counsel) was made in the case that the tax work papers in dispute might be useful in litigation and that the suggestion was not supported elsewhere in the record.18

    The more that can be done to demonstrate that documents in question satisfy the primary-purpose test, the more likely that the work product will be protected regardless of which test a court employs.

    Finally, parties need to remember that this issue remains in flux and be alert to where future cases19 are tried, including in the Seventh Circuit. Given the lack of agreement among federal appellate courts to date, it is likely the U.S. Supreme Court eventually will step into the fray.

    The federal courts are split on what is meant by “in anticipation of litigation” for purposes of the work-product doctrine, in situations when attorneys’ analyses of litigation risks also are being used in a nonlitigation context. Also, for a brief time the IRS appeared to ignore altogether the doctrine. Even now the IRS arguably has established a beachhead in limiting the doctrine’s scope. Until the U.S. Supreme Court delineates the work-product doctrine’s boundaries, these issues will persist in tax cases and perhaps in other contexts as well.

    A variety of parties are paying close attention to what openings might arise when they wish. to discover opposing counsel’s thoughts about a contested issue. Attorneys who think they need only cite Hickman as a shield should beware.

    1 325 U.S. 495 (1947).

    2 Office of Thrift Supervision v. Vinson & Elkins LLP, 124 F.3d 1304, 1307 (D.C. Cir. 1997).

    3 United States v. Textron Inc., 577 F.3d 21, 22-23 (1st Cir. 2009) (en banc), cert. denied, 130 S. Ct. 3320 (2010).

    4 United States v. El Paso Co., 682 F.2d 530, 542 (5th Cir. 1982).

    5 Textron, 577 F.3d at 30.

    6 United States v. Roxworthy, 457 F.3d 590, 599-600 (6th Cir. 2006).

    7 United States v. Deloitte LLP, 610 F.3d 129 (D.C. Cir. 2010); United States v. Adlman, 134 F.3d 1194 (2d Cir. 1998).

    8 Adlman, 134 F.3d at 1195.

    9 Sandra T.E. v. South Berwyn Sch. Dist. 100, 600 F.3d 612, 622 (7th Cir. 2010); Lane v. Sharp Packaging Syst. Inc., 251 Wis. 2d 68, 117, 640 N.W.2d 788 (2002).

    10 Adlman, 134 F.3d at 1199.

    11 Deloitte LLP, 610 F.3d at 139.

    12 Textron, 577 F. 3d at 38.

    13 2010-7 I.R.B. 408.

    14 American Bar Association Letter, “IRS Proposal Requiring Disclosure of Uncertain Tax Positions” (May 28, 2010).

    15 Deloitte LLP, 610 F.3d at 138.

    16 2010-41 I.R.B. 428, 432.

    17 BNA Daily Tax Report Oct. 19, 2010.

    18 Textron, 577 F.3d at 28.

    19 See, e.g., Wells Fargo & Co. v. U.S., No.0:10-MC-00057 (D. Minn.7-20-11), in which the court said that the taxpayer had the burden of proof to show that certain documents were protected from disclosure to the IRS by the work-product doctrine.


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Date: 1908

Description: Shows pipes of various sizes, hydrants, valves, and wells. "1907" -- Lower margin. Lake Wingra, Lake Monona, and Lake Mendota are labelled.

Date: 1909

Description: Streets, Lake Wingra, Lake Mendota, and Lake Monona are all labelled. Map reads: "The present park system of Madison comprises 150 acres of improved parks,...

Date: 1931-06

Description: This map is a photocopy of a map that has been hand-colored and shows streets, the Wisconsin River, Mill Pond, and points of interest that include a school...

Date: 1910

Description: Shows existing and proposed parks, railroads, and marshes in a color coded key. "Contour interval 20 feet." Lake Wingra, Lake Mendota, and Lake Menona are...

Description: Series 698, General Land Office Survey Plats, vol. 1.

Date: 1876

Description: This map shows existing and proposed harbor improvements, streets, the Sauk River, and Lake Michigan. On the bottom of the map inscribed in ink is: "44th C...

Date: 1903

Description: This map shows lakes, rivers, railroads, and the soil types of towns and counties. A legend of soil types and conventional signs is included. Relief is sho...

Date: 1920

Description: Shows wards and selected points of interest. Includes street index. Oriented with north to upper right.

Date: 1800 after

Description: This map is pencil on tracing paper and shows marshes, the Wisconsin River, Indian trails, and Indian boundary line. The upper left corner reads: "Let sect...

Date: 1947

Description: This map shows lakes, rivers, railroads, and the soil types of Langlade County. Legends of soil types, conventional signs, and stoniness and slope are incl...

Date: 1670

Description: This map is in French and shows Lac Tracy ov Superieur (Lake Superior), Baye des Puans (Green Bay), and portions of Lac des Ilinois (Lake Michigan) and Lac...

Date: 1923

Description: Vilas County. Published by Chicago, Milwaukee, and St. Paul Ry.

Date: 1874

Description: This map shows streets, buildings, railroads, the Fox River, the East River, and part of Green Bay.

Date: 1920 ca.

Description: This street map was likely given out by the Rebholz Company: Clothiers and Furnishers. The map shows labeled streets, train tracks, Silver Lake, Mud Lake,...

Date: 1910

Description: This map shows counties, roads, Lake Superior, Lake Michigan, and portions of surrounding states. Included is a table of interstate and intrastate railroa...

Date: 1920

Description: This map show an arboretum and wild life refuge in Madison, Wisconsin. The map shows color coded parcels "F" through "K" with acreages, as well as area aro...

Date: 1890 ca.

Description: This map is a plat map and shows government buildings, churches, Klein’s Park, and the government dam in Kaukauna. The map includes text about Kaukauna wit...

Date: 1897

Description: Two maps that show cemeteries, schools, engine houses, railroads, street railways, wards, roads, parks, block numbers, and Lake Michigan. One map has wards...

Date: 1776

Description: In French: "Partie Occidentale du Canada et septentrionale de la Louisiane avec une partie de la Pensilvanie". A map showing graticule and six European sca...

Date: 1907

Description: A Sanborn map of Green Bay, prominently featuring the East River.

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Link it real good

By Andrea Karim on 7 June 2007 5 comments

Wise Bread loves the following blogs for their linky love. We encourage our readers to visit these blogs, leave comments, and love them in return along with us.

Paul's pink slip article got a mention from one of our blogging idols, Dumb Little Man, a couple weeks ago, and I neglected to mention it in the round up. We love you, Dumb Little Man! Every dumb, little thing about you. Wait, that doesn't sound good. Anyway, sorry for the miss.

Perchance to be liked Will's post about getting free children's books at Barnes and Noble.

Julie's mortgage post made it's way up the ladder, impressing all of us. Lifehacker gave it a mention, and there was much partying (freaking LIFEHACKER, man!). Also doing a likey-link was Hackzine.

Esha from Dance, Life, and Lunges liked my coffee-quittin' post so much that she quit drinking coffee! For two days. Ah, well, I suppose I should be grateful that she's able stay awake through one of my blog posts, caffeinated or not.

Paul got much love from Geekdad, Baby Cheapskate, Daddy Daze, Boing Boing, and many many more blogs for informing us that the Discovery Channel stores are going out of business.

Ed got attention for his article on blogging tools.

Paul's 10 frugal things post also got a nod from Pesky'Apostrophe, Money Walks and The Digerati Life, which caused him to squeal and jump up and down with glee (so I've heard).

The Simple Dollar continues our torrid love affair by linking my post about the being frugal versus stealing.

Physics Geek liked Paul's recommendation of Frucall. Paul's vinegar post, which has been given the Wisebread "Post that just won't go quietly into the night" Award (or PTJWGQITN, for short) showed up in link form on Diary of a Goldfish.

Paul's pink slip article continues to make the rounds with a link from The SC Employment Law Blog, run by a lawyer who actually likes Wise Bread overall, a statement made us all blush collectively. Sheryl, who runs the SC blog, has another blog as well. If you live in South Carolina and need info on bankruptcy and consumer protection, look no further than the SC Bankruptcy & Consumer Law Blog.

Did you link to us and did we forget to mention you? Give us a virtual spanking (don't worry, we like it) by emailing us at Send us your link and we'll issue a contrite mention AND totally be loyal to you forever.

(Picture by Greg Peverill-Conti)

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Guest's picture

That sounds naughty. Then I looked at the Wise Bread logo with that pig in it ... and decided maybe I'd skip out on the torrid love affair.

Guest's picture
Tina P

Relatively new to your blog, and so far I am enjoying what I find.

With that said, I just wanted to pipe in as an SC resident and say thanks for mentioning what appear to be two interesting blogs from my fine state.

Andrea Karim's picture

And here I thought te pig would appeal to everyone. Man, some people are picky.

Seriously, though, thanks for the mentions. We dig you. In a totally platonic way.

Guest's picture

Thanks a lot for linking me :) You're a star!

Will Chen's picture

"I dig Trent in a totally kosher kind of way."

Love, Wilbur, the Wise Bread pig.


text:
What is 3G EVDO?

Computers can be used with 3G networks through the use of an external dongle or network connectivity adapter.
3G EVDO networks operate via a signal that is transmitted by a telecommunications antenna.
Most smartphones transmit data via a mobile 3G network, which offers on-the-go internet connectivity.
Download speeds for 3G EVDO service range between 400 and 700 kbps.
Article Details
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  • Last Modified Date: 10 August 2015
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Uncoiled, the DNA strands contained in one human would stretch from the Earth to Pluto and back.  more...

September 1 ,  1939 :  The Nazis invaded Poland, starting World War II.  more...

3G EVDO is the abbreviation for 3rd Generation Evolution-Date Optimized, and it refers to high-speed Internet access via a wireless network. Wireless communication has become essential to many modern businesses and for the modern way of life as people go online to chat or send e-mails to family, friends, and colleagues. Not everyone, however, has DSL or a broadband service outside of the office or school, and not every location offers WiFi. 3G EVDO addresses these concerns because, as a mobile broadband service, it offers totally wireless, always-present Internet service to its users.

EVDO works similarly to mobile phones. For it to operate, it relies on a signal from a cell site, as opposed to a wired line or DSL cable. The modem comes in the form of an air card that functions as the receiver of signals that allow its users to gain access to the Internet. Other EVDO modem formats include USB dongle modems, which are similar to a USB memory stick; PC cards; ExpressCard®, which can be used directly in the computer or laptop; and 3G routers.

Download speeds for EVDO fall in between the range of 400 to 700 kbps, and the network can burst up to a 2MBps speed. 3G EVDO aims to provide wireless solutions to transform the Internet into a wireless, mobile, and convenient system by completely eradicating the need for lines and cables. Access to the Internet is ubiquitous, and all members can be connected anytime, anywhere.

Installing a modem isn’t enough to provide access to the Internet. Consumers must also subscribe to a plan or package to use the service. Verizon Wireless pioneered 3G EVDO’s commercial release in 2003 and expanded to over 125 million users in the United States by the end of 2005. As of 2009, more and more 3G companies are employing the innovative concept to meet the demands of consumers worldwide.

EVDO claims to have advantages over Wi-Fi™. One notable strength includes 24 hour a day, seven day a week seamless roaming. Because the signal can travel on the same cell sites as mobile phones, customers can easily access their corporate virtual private network (VPN) from any location just as long as they can receive a secure and encrypted cellular signal. Customers can also download and run video clips in real-time, and EVDO provides service to customers that live outside of cable-modem or DSL areas.

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Post 2

@JessicaLynn - You probably know about plenty of other 3G formats they've just become so commonplace you don't notice them anymore. A good example of is a mobile wireless hotspot.

A mobile wireless hotspot creates a portable wireless network that a few devices can connect to. Mobile hotspots usually take the form of a USB device or a standalone transmitter.

Even some cell phones can become portable hotspots (though this usually costs extra per month). 3G is also available on devices such the iPad and ebook readers.

3G is pretty much everywhere these days even though 4G has arrived. I think it will be quite awhile before 3G is phased out in favor of 4G.

Post 1

I remember back when the 3G network first came out. I was so amazed I could access the internet and email on my cell phone! I think most cellphones have 3G now but when it first came out it was definitely only on the higher end phones.

I guess I haven't really been paying attention because I wasn't aware that 3G internet had expanded past cell phones to other formats. I'm so behind the times!

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