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Holcomb and Crouch will be Speaking at Reagan Day Event

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Eric Holcomb, Candidate for Governor and Suzanne Crouch, Candidate for Lieutenant Governor will be speaking the Vanderburgh County Republican Party Reagan Day Event.
Date/Time   5:00 pm – 7:00 pm Saturday, August 20, 2016
Location     Eagles Club – 6000 Old Boonville Hwy
Cost………  $30 per person
Music ……  Our favorite DJ AND Candidate for HD 77 Johnny Kincaid
Dress ……  Casual, Western
Tickets available at Republican HQ – 815 John St. or contact Mary Jo Kaiser 812-425-8207, email beamerjo59@gmail.com

HILLARY CLINTON Wait–Trump Is Only Ahead By Six Against Clinton…In Texas?

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HILLARY CLINTON Wait–Trump Is Only Ahead By Six Against Clinton…In Texas?

written by Matt Vespa Associate Editor of Downhill

Texas…is a battleground state? The nightmare scenario that Republicans have been trying to fend off could be coming to fruition—which could spell electoral disaster for years to come. On the other hand, it could be that Donald Trump is an outlier, given that a) he’s not really a Republican and b) he’s become incredibly unappealing since the Republican National Convention. Trump seemed to have a path to victory. If the election were held in mid-July, he would have secured 285 electoral votes. That’s not the case anymore. Right now, if Trump were to win the remaining swing states, including Florida and Ohio, Clinton would still beat him. He’s losing—and losing big. Hence, why he decided to shake up his campaign this morning. How bad is it? He’s only leading Clinton by six points in the Lone Star State. It’s possible that deep-red Texas could be an area where Trump has to spend more money than usual, which diverts funds from his strategy to expand the electoral map, which has also failed miserably. He’s losing in New York by 30 points and decided to campaign in Connecticut, which was a colossal waste of time.

Public Policy Polling, a left-leaning outfit, conducted the poll, but the sample size didn’t skew to the Democrats, as with most of their work—this is a R+6 poll. Fifty-one percent of those polled voted for Mitt Romney in the last election, and 66 percent of those polled were over 46 years old; 28 percent were over 65, which is a demographic that skews to the right. Forty-eight percent described themselves as conservative.

Trump should be worrying about two things especially – the first being his tax returns.

Sixty-four percent felt that he should release his tax returns, while only 10 percent considered themselves undecided. That leaves little room for Trump to ensure a comfortable victory in the Lone Star State, possibly encouraging more Democrats to pour money into local races there to build on gains made by Clinton in the hopes of turning the state blue. No Democrat has been elected to a statewide office since 1994. That’s a long draught, but if Clinton has a strong showing in Texas—it could lead to a massive onslaught in a state that is the largest guaranteed bloc of electoral votes in national elections. At the same time, maybe Trump does well here, beats Clinton by 10+ points and kills off this dream of turning Texas blue. Wendy Davis’ 2015 drumming by Now-Gov. Greg Abbott shoved a knife through the heart of that project. In comparison, Romney beat Obama here 57/41 in 2012.

Another factor hamstringing Trump is that he isn’t popular in Texas. The silver lining with all of this is that Clinton is in all likelihood going to lose Texas. Texas Monthly said that the state isn’t turning blue anytime soon. I hope so, though this election could change that for the next cycle.

A Democratic victory in Texas this year remains a stretch but within the numbers there are signs of Democrats being positioned to become seriously competitive there in the years ahead. Trump’s lead is based entirely on his holding a 63-33 advantage among seniors. With voters under 65, Clinton leads him 49-45. And when you look just specifically at voters under 45, Clinton leads Trump 60-35. Older voters are overwhelmingly responsible for the Republican advantage in Texas, and generational change is likely to help Democrats become more competitive.
A big piece of that generational change is the increasing racial diversity of the electorate in Texas. Trump has a 69/25 lead with white voters but the reason the state’s so competitive overall is that among non-white voters Clinton has a 73-21 lead, including a 68-27 edge with the state’s booming Hispanic population.
Clinton’s unpopular in Texas, as you would expect, with a 36/59 favorability rating. But Trump’s not a whole lot better off with only 40% of voters seeing him favorably to 53% with a negative opinion. The tax return issue continues to plague Trump with 64% of voters thinking he needs to release his returns to only 25% who don’t think it’s necessary for him to. Even Trump’s supporters, by a 43/41 spread, think he should release them.

Air Quality Forecast For Vanderburgh County

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Wednesday
August 17		 Thursday
August 18		 Friday
August 19		 Saturday
August 20		 Sunday
August 21
Fine Particulate
(0-23 CST avg)
Air Quality Index		 moderate good good NA* NA*
Ozone
Air Quality Index		 good good good NA* NA*
Ozone
(peak 8-hr avg)
(expected)		 36-45 ppb 36-45 ppb 36-45 ppb NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Forecast statistics documenting the reliability of these air quality forecasts are compiled on a monthly, seasonal (May through September for ozone), and an annual basis.  Compilations of these statistics are reported in Vanderburgh County Health Department’s Annual Report and available on request.

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

Hot Jobs in Evansville

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Berry Plastics Corporation  436 reviews - Evansville, IN
Bachelor’s degree in Human Resources. Process and tracks progress of candidate background. As assigned, including Berry University and Diamond….
Almost Kin - Evansville, IN
Required license or certification:. Applicant must be able to pass a background check, drug testing and have a valid driver’s license….
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Best Buy  10,467 reviews - Evansville, IN
Ensures clean parking lot, sidewalks, store entry, aisles, restrooms, warehouse area. Removes merchandise from truck and compare against packing list….
Heath Consultants Incorporated  79 reviews - Evansville, IN
$11 an hour
Required license or certification:. Valid Driver’s License. Personal Cell Phone (Reimbursement of $7.50/wk). Work is performed in residential, commercial and/or…
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University of Evansville  12 reviews - Evansville, IN
Candidate must maintain a valid driver’s license. The Physical Plant Department requires safe and efficient operation of a variety of heavy equipment and power…
Almost Kin - Evansville, IN
Required license or certification:. Applicant must be able to pass a background check, drug testing and have a valid driver’s license….
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High Point Child Care Learning Center - Evansville, IN
High Point Child Care Learning Center is seeking a part-time closing staff member at our child care facility in Evansville, IN….
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York Risk Control  3 reviews - Evansville, IN
York Risk Control Services, is seeking independent Loss Control Consultants to work on an independent contractor basis….
Cypress Grove Rehabilitation  4 reviews - Newburgh, IN
Providing opportunities to grow and develop. Nurse & CNA Preceptor – Be a preceptor with ASC & earn cash….
careerbuildergulf - Aug 14
OneMain Financial Group, LLC - Evansville, IN
Develop and execute a test plan designed to evaluate the adequacy and effectiveness of controls to mitigate the identified risks….
careerbuildergulf - Aug 14
Deaconess Health System  17 reviews - Evansville, IN
License renewal must occur within 2 weeks of expiration date. The employee will perform routine and specific specialized diagnostic sonographic imaging…
Lowe’s  13,704 reviews - Evansville, IN
2 years experience in providing customer service including identifying and resolving customer complaints, greeting customers, answering phones, building…
Evansville, IN
We need a nanny for 2 days a week to take care of 1 child in Evansville…
Evansville, IN
We require that you have your own car. Evansville family needs a part-time babysitter….
Evansville, IN
Looking for care in my home after school for elementary school-age kids (1 girl, 2 boys), assistance with homework, and transport (drop offs only) to…
Inglefield, IN
Starting in August, all day services are needed 3 days per week for 2 year old and 1 year old. Family from Newburgh is seeking in-home day care and preschool in…

I Am Second: Intersections

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I Am Second Live: Intersections featuring Eric Metaxes will be in the Aiken Theatre on Thursday, October 13 at 7:00pm. Tickets are on-sale today. Seats purchased at the Box Office are $26.50 for students ages 2 and above through college with college ID, Adults $40.50 and the VIP Experience $56.50. The VIP ticket includes priority seating, access to pre-event Meet and Greet Reception and a special thank you gift.

 Thursday, October 13 at 7:00pm

I AM SECOND:

INTERSECTIONS

featuring Eric Metaxes
Join I Am Second, and guest host Eric Metaxas for a night of stories at the intersection of faith and culture in our city. The soul of Evansville is in a rebirth, seeking to restore brokenness and lift the hearts of its people. It’s all about Evansville-featuring live music, interviews, and special films generated from our city. It’s a night where we reveal that no matter how crazy culture seems to be – no matter how crooked our road has been- there’s hope. 

Find Tickets
Old National Events Plaza Website
  Dinner and Show

Schedule dinner with your friends before an
event at the Old National Events Plaza!

Call 812-435-5770 ext. 202 or

ext. 302 for details!

Presidential Scholarships Awarded to Ivy Tech Students

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Three young women will be attending Ivy Tech Community College this fall – and all have at least one thing in common. These students are the first incoming freshmen to receive Ivy Tech’s prestigious Presidential Scholarship – a scholarship covering all tuition and fees at the college.

The Presidential Scholarship is awarded to outstanding high school seniors applying to Ivy Tech who are planning to pursue a four-year degree at one of Indiana’s public universities and who are majoring in nursing, engineering, business administration, elementary education, human services, criminal justice, informatics, or computer science.

“We are pleased to be able to offer this scholarship to these outstanding students,” said Ivy Tech Chancellor Jonathan Weinzapfel. “And we are excited to have such high achieving individuals be a part of our student body.”

Recipients include:

Kayla Reeves, Tell City Junior/Senior High School

Kayla says “if your dreams don’t scare you – they are not big enough. That’s why I am choosing Ivy Tech to help fulfil them.” Kayla has selected business administration as her major because one day – she wants to be her own boss. She would like to own her own realty company – a dream born of working with her mother in flipping houses for resale. “I believe Ivy Tech is the type of college that will be conducive to my future and since I am paying for college on my own, the affordable cost offered will help me get where I need to be.”

Emily Nellis, Evansville Central High School

Nursing is the career of choice for Emily. Her aunt has a nursing degree from Ivy Tech and she said that initially gave her the idea – but it is much more than that. “I have the feeling of home when I walk in the doors of a hospital – it just happens, every time,” she said. Ever since I was nine-years-old I have just known I belong there.” She said she wants to be “that last ounce of help to bring a person back to life, physically and emotionally.”

Amy Hart, Gibson Southern High School

Amy says she wants to be a teacher to show students they have the potential to be whatever they want. Amy will study education at Ivy Tech. Always interested in highly academic classes like math and science in school – Amy wants to one day be an elementary teacher and model the behavior of many of her teachers. “My teachers have not only taught me about math, science, and language, but also a deep sense of self-worth, respect, love and opening up to others. I want to do the same for my students.”

A fourth scholarship – the Barbara Hilton Presidential Nursing Scholarship – will be awarded to a current nursing student at Ivy Tech this fall, which was established in her memory by Frank L. Hilton, MD.

Severe weather in Indiana could lure home repair scammers

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VANDERBURGH COUNTY FELONY CHARGES

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Below is a list of the felony cases that will be filed by the Vanderburgh County Prosecutor’s Office tomorrow.

Antonio Louis Bushrod Jr. Criminal recklessness, Level 5 felony

Carrying a handgun without a license, Level 5 felony

Curtis Lee Woodard Battery by bodily waste, Level 6 felony

Darius Montel Bushrod Criminal recklessness, Level 5 felony

Carrying a handgun without a license, Level 5 felony

Timothy B. Blackwell Jr. Criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Alfred Lee Jones Criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Kiel Deshae Banks Criminal recklessness, Level 5 felony

Carrying a handgun without a license, Level 5 felony

Warrantless inventory search of vehicle not unreasonable, COA holds

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JENNIFER NELSON FOR WWW.THEINDIANALAWYER.COM

Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.

Robert Weathers was pulled over by Marion County Sheriff’s deputy Onsel Andre because the expiration date on the SUV was obscured. After pulling Weathers over, Andre learned that Weathers did not have a valid driver’s license and was not the owner of the car. He arrested Weathers for driving without a license and asked if someone could retrieve the car since it would block traffic. No one was able to do so within the time frame provided by Andre, so the deputy decided to impound the car. Weathers told Andre there was a handgun in the car, and Andre found it where Weathers said it would be.

Weathers was charged with Class A misdemeanor carrying a handgun without a license, elevated to a Level 5 felony based on a prior felony conviction, and Class A misdemeanor driving while suspended, and convicted on both charges. He sought to suppress all evidence stemming from the warrantless search of the car, but that was denied.

On appeal, Weathers maintained that the inventory search was unreasonable. Inventory search of an impounded vehicle is an exception to the warrant requirement, but the state bears the burden of proving the search was reasonable under the Fourth Amendment. The Court of Appeals agreed that the decision to impound the car was reasonable because the car would impede traffic.

The judges found that Andre did not comply with the department requirement that he compile a written inventory of all items found in the vehicle. But his failure to do so does not render the search unreasonable, Judge Cale Bradford wrote, citing Whitley v. State, 47 N.E.3d 640, 646 (Ind. Ct. App. 2015).

The purpose of the inventory requirement is to protect both the individual and the deputy. Weathers doesn’t contest the handgun was found in the car where he told the deputy it was located, and Andre could see the gun in plain view.

“Deputy Andre’s apparent failure to complete a written inventory had no bearing on any of these facts. As such, upon review, we are unable to see how Weathers was prejudiced by Deputy Andre’s apparent failure to complete a written inventory of all items found in the vehicle. We are also unconvinced that Deputy Andre’s apparent failure to complete a written inventory of all items found in the vehicle suggests that his rationale for completing the warrantless inventory search was a pretext for completing an unlawful search,” Bradford wrote.

The judges also affirmed there was sufficient evidence to support elevating the handgun charge to a felony because Weathers’ attorney stipulated to the fact he had a prior felony conviction within the statutorily proscribed timeframe.

The case is Robert Weathers v. State of Indiana, 49A04-1601-CR-3.

CURRENT ISSUES IN THE AREAS OF ESTATE, TAX AND PERSONAL AND BUSINESS PLANNING by RANDY CRAIG

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The information that follows summarizes some of the current issues in the areas of estate, tax and personal and business planning which may be of interest to you. Although this information is accurate and authoritative, it is general in nature and not intended to constitute specific professional advice. For professional advice or more specific information, please contact my office.

Tax Court Upholds Family LLC. In Estate of Purdue, TCM 2015-249, the Tax Court rejected an attack by the IRS on a family limited liability company (LLC). This case involved the transfer by a decedent and her husband to an LLC of a portfolio of marketable securities with a value of more than $20 million and their one-sixth interest in commercial real estate with a value of approximately $900,000. The real estate was managed by a management company and was subject to a triple net lease. Other assets were transferred as well. The couple then established a trust and made gifts to the trust over a period of several years. The decedent’s husband had died many years earlier, and then when she died, the IRS attacked the scheme and attempted to include the assets of the LLC in the taxable estate of the deceased widow for federal estate tax purposes and also took the position that the gifts were not eligible for the gift tax exclusion. Without getting into too much depth regarding the tax concepts involved, the biggest issue concerning family limited partnerships (FLPs) and family limited liability companies (LLCs) is that the transfer may not be treated as bona fide, and the decedent’s retained interest might cause the value of the entire entity to be brought back into the estate of the decedent for federal estate tax purposes. Some FLPs and LLCs involving marketable securities have faired less favorably than entities holding other assets, which predominantly would be real estate. However, in this instance, the Tax Court upheld the transactions because the proper legal formalities were followed, the documentation prepared was consistent with the transactions, and there were legitimate non-tax reasons in addition to tax reasons for implementing the series of transactions. This case provides clear support for the use of FLPs and LLCs in family estate planning. It also provides a road map for practitioners to follow when implementing such a plan.

Leaving Retirement Benefits To A See-Through Trust. The biggest issue affecting retirement benefits being paid to a trust is whether the trust meets the IRS requirements for the minimum distribution trust rules. If so, then the benefits can be paid out over the life expectancy of the beneficiary. If it meets these requirements, the trust is referred to as a “see-through trust.” The pay-out period will be the life expectancy of the oldest trust beneficiary. In general, it is probably better to avoid paying IRAs and other retirement benefits to a trust. However, when appropriate, it is very important to assure that the trust meets the see-through requirements. The trust should not allow using the

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retirement benefits for the payment of the participant’s debts or probate expenses, unless there is no other source for payment (in which event the payments should be limited to the specific amount required to pay those expenses). There should not be a charitable beneficiary of a see-through trust. It may also be appropriate to exclude adult adoptees from the definition of “issue,” since all beneficiaries of the trust must be identifiable. Since the trustee of the trust must supply certain documentation to the plan administrator, it may be a good idea to spell out specifically what it is contemplated the trustee will do. It may also be a good idea for the trust to be a conduit trust, which means generally that the trustee is required to pay out the withdrawn minimum distributions to the specific trust beneficiaries. People should always be careful when a trust is designated as the beneficiary of retirement benefits.

Business Succession (Cont’d). The last newsletter addressed some of the preliminary basics regarding business succession planning. It may now be appropriate to address other succession planning and family concerns. Statistics show that only about 30 percent of family businesses last beyond the first generation, and only a little more than ten percent last beyond the second. Almost none survive to the fourth generation. It should be noted that there is a difference between ownership succession and management succession. Even before the business passes down to the next generation, consideration should be given to management’s withdrawal, or management’s “exit” from the management of the business, even though ownership may not change immediately. The family and other successors might become involved in the active management of the business many years before the control of the business may change. As you begin to think through and plan for these issues, it is important to consider whether there are children of family members or others who are interested in and capable of succeeding to a position of management or ownership, and to begin to help them develop the skills necessary to take an active roll. Obviously, the family is integral to this process. They must be groomed for that involvement and they must feel confident that the parent or ancestor is serious about the transfer of ownership or management control, and their vision must match that of the business owner who is beginning his or her exit from the enterprise. Consideration should be given to involving them in the management process for a period of time through participation on the board of directors or a management committee, and perhaps placing them in a limited ownership position that they can augment over time. Additional thoughts pertaining to these business succession issues will be offered in the next edition of this newsletter.

Meaning Of “Devise” And “Bequeath.” People frequently ask why the words “give,” “devise” or “bequeath” are used in wills. Under the English Common Law, real estate was the proper subject of a “devise,” and a “bequest” covered personal property. A “gift” could be made of any property. The difference between one and the other does not really matter much in modern times, but wills are still generally drafted to include that phraseology. Often a will provision referencing cash or personal property will say “I give and bequeath,” while if real property is involved, the provision might say “I give and devise.” Residuary provisions are typically phrased as “I give, devise and bequeath.”

Additional Information. Future issues of this Newsletter will address other issues of current interest. Please contact my office with any questions that you might have.

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