Thursday, February 26, 2009

Giving Gifts and Lowering Taxes

If you give gifts in the course of your business, you can deduct all
or part of the cost, but you cannot deduct more than $25 for each
business gift that you gave away during the tax year.

A gift that is intended for the eventual personal use or benefit of a
particular person or class of people will be considered a gift to that
person or class of people. If you give a gift to a member of a
customer's family, the gift is generally considered to be an indirect
gift to the customer. This rule does not apply if you have an
independent business connection with that family member and the gift
is not intended for the customer's eventual use.

Incidental costs, like gift wrapping, packaging, insuring, and
mailing, are generally not included in determining the cost of the
gift. You cannot deduct gift items that cost less than $4 if they have
your name clearly and permanently imprinted on the gift, or if the
gift is one of many identical items that you widely distribute, like
pens and cases. Signs, display racks, and other promotional materials
also cannot be deducted as gifts.

Always consult with your tax planner or CPA before moving forward because I am not certified to do taxes.

Visit: http://www.robertjrussell.com

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Tuesday, February 24, 2009

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Sunday, February 22, 2009

Final Score: $8000 for Homebuyers

Final Score: $8,000 for Homebuyers

By Les Christie, CNNMoney.com staff writer

First-time purchasers get a tax credit windfall if they buy before December.

NEW YORK (CNNMoney.com) -- There's a nice windfall for some homebuyers in the economic stimulus bill signed into law this week by President Obama. First-time buyers can claim a credit worth $8,000 - or 10% of the home's value, whichever is less - on their 2008 or 2009 taxes.

A big plus is that the credit is refundable, meaning tax filers see a refund of the full $8,000 even if their total tax bill - the amount of witholding they paid during the year plus anything extra they had to pony up when they filed their returns - was less than that amount. But there has been a lot of confusion over this provision. Adam Billings of Knoxville, Tenn. wrote to CNNMoney.com asking:

"I will qualify as a first-time home buyer, and I am currently set to get a small tax refund for 2008. Does that mean if I purchased now that I would get an extra $8,000 added on top of my current refund?"

The short answer? Yes, Billings would get back the $8,000 plus what he'd overpaid. The long answer? It depends. Here are three scenarios:

Scenario 1: Your final tax liability is normally $6,000. You've had taxes withheld from every paycheck and at the end of the year you've paid Uncle Sam $6,000. Since you've already paid him all you owe, you get the entire $8,000 tax credit as a refund check.

Scenario 2: Your final tax liability is $6,000, but you've overpaid by $1,000 through your payroll witholding. Normally you would get a $1,000 refund check. In this scenario, you get $9,000, the $8,000 credit plus the $1,000 you overpaid.

Scenario 3: Your final tax liability is $6,000, but you've underpaid through your payroll witholding by $1,000. Normally, you would have to write the IRS a $1,000 check. This time, the first $1,000 of the tax credit pays your bill, and you get the remaining $7,000 as a refund.

To qualify for the credit, the purchase must be made between Jan. 1, 2009 and Nov. 30, 2009. Buyers may not have owned a home for the past three years to qualify as "first time" buyer. They must also live in the house for at least three years, or they will be obligated to pay back the credit.

MORE AT CNNMONEY.COM

Additionally, there are income restrictions: To qualify, buyers must make less than $75,000 for singles or $150,000 for couples. (Higher-income buyers may receive a partial credit.)

Applying for the credit will be easy - or at least as easy as doing your income taxes. Just claim it on your return. No other forms or papers have to be filed. Taxpayers who have already completed their returns can file amended returns for 2008 to claim the credit.

Lukewarm reception

The housing industry is somewhat pleased with the result because the stimulus plan improves on the current $7,500 tax credit, which was passed in July and was more of a low-interest loan than an actual credit. But the industry was also disappointed that Congress did not go even further and adopt the Senate's proposal of a $15,000 non-refundable credit for all homebuyers.

"[The Senate version] would have done a lot more to turn around the housing market," said Bernard Markstein, an economist and director of forecasting for the National Association of Homebuilders (NAHB). "We have a lot of reports of people who would be coming off the fence because of it."

Even so, the $8,000 credit will bring an additional 300,000 new homebuyers into the market, according to estimates by Lawrence Yun, chief economist for the National Association of Realtors.

The credit could also create a domino effect, he said, because each first-time homebuyer sale will lead to two more trade-up transactions down the line. "I think there are many homeowners who would be trading-up but they have had no buyers for their own homes," Yun said.

Who won't benefit, according to Mark Goldman, a real estate lecturer at San Diego State University, are those first-time homebuyers struggling to come up with down payments. The credit does not help get them over that hurdle - they still have to close the sale before claiming the bonus.

One state, Missouri, is trying to get around that problem by creating a short-term loan on the tax credit of up to $6,750. The state would loan borrowers the money so they could use it at closing as part of the downpayment. Then, when the buyers receive their tax credit from the IRS, they pay back the state. Other states may follow with similar programs, according to NAHB's Dietz.

Many may look at the tax credit as a discount on the home price, according to Yun. A $100,000 purchase effectively becomes a $92,000 one. That can reassure buyers apprehensive about purchasing and then watching prices continue falling, he added.

And it provides a nice nest egg for the often-difficult early years of homeownership, when unexpected repairs and expenses often crop up. Recipients could also use the money to buy new stuff for their home - a lawnmower, a rug, a sofa - and, in that way, help stimulate the economy.

To find out how you can buy a house: visit:

http://www.marketingsplash1.com/RequestHBSR.asp?ID=WTOYTPVBJGMCAJ or call Robert J Russell, International Real Estate Specialist - 972-679-9029 http://www.robertjrussell.com

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Buyers Can NOW get Home Loans!


FHA Experts: USDA Loans with ZERO Move-In Financing, along with a $8,000 Tax Credit
Ask about this today!

~Zero Move-In with USDA Loans ~
~FHA Loans from 530 FICO Score~
These programs are also combined with a $7,500 Tax Credit for any of your Buyers that have not owned a home in the Past 3 Years.
Buyers can finance a home loan up to $271,000. We have FHA Investors that will work with Borrowers with No Minimum Score if the following conditions can be met:
1. Borrower must be able to verify Income and Job History
2. The Borrower can have collections and charge-offs, if the actual date of occurrence is over One Year old (preferably Two Years)
3. Borrower must be able to verify good Rental History for at least 12 months
4. The Borrower must have at least 3 Trade-Lines that have a good pay history for the last 12 months, minimum. Alternate credit or trade-lines can be used.
5. No Reserves are required, but as always, they are helpful
If you have any questions - please call me
Robert J Russell
972-679-9029

Robert J Russell, IRES, REALTOR http://www.robertjrussell.com

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Friday, February 20, 2009

Cobra and President Obama

COBRA Provisions in the American Recovery
and Reinvestment Act

Congress has passed the American Recovery and Reinvestment Act ("the Act"), and the Act has been signed by President Obama. This communication describes the provisions in the Act that affect COBRA continuation coverage and similar state continuation coverage.

Applicability and Effective Date
The COBRA changes affect both the federal COBRA provisions and the Public Health Service Act program that provides similar extension benefits for public programs. In addition, however, the subsidy provisions apply to state continuation coverage that is comparable to federal COBRA. That would include so-called "mini-COBRA" state laws that cover groups below the 20 employee threshold for COBRA. To be comparable, the state continuation law must allow the individual to continue substantially similar coverage as was provided under the group health plan at a monthly cost that is based on a specified percentage of the group health plan's cost of providing such coverage. Reference to "COBRA" throughout this memo will also refer to the state programs that meet those requirements.

The Act is effective February 17, 2009, the day that President Obama signed the bill. All of the COBRA provisions that have a time frame will date from that day. As for calendar monthly billed programs, the effective date is March 1, 2009.

New Subsidy for COBRA Beneficiaries
The Act provides for a new subsidy for certain COBRA beneficiaries. The subsidy is 65% of the COBRA continuation coverage premiums for eligible individuals for up to 9 months. The COBRA beneficiary will pay only 35% of the overall COBRA premium for that period. The period expires on the earlier of (i) nine months, (ii) the date the individual becomes eligible for major medical group coverage or Medicare or (iii) the end of the maximum required period of continuation under COBRA. Further, the beneficiary must notify the employer in writing if they become eligible for coverage under a major medical group health plan or Medicare and is subject to significant penalties (110% of the subsidy amount) for failing to do so.

An individual who does not receive a subsidy that he/she believes appropriate may appeal the plan's determination to the Department of Labor for private plans or to the Department of Health and Human Services for public plans covered under the Public Health Services Act. The relevant agency must rule on the appeal within 15 business days. Individuals whose appeal is denied may sue under ERISA.

Eligibility for the Subsidy - Timing
The subsidy is available to individuals (and their dependents) who were involuntarily terminated from their employment and became eligible for COBRA beginning September 1, 2008 through December 31, 2009. Persons who elected prior to the enactment of the Act (but on or after September 1, 2008) will be eligible to receive the subsidy prospectively from the date of enactment through the maximum nine-month period. Otherwise eligible persons who did not elect COBRA between September 1, 2008 and the date of enactment will have the opportunity to elect COBRA on a prospective basis with the maximum duration of the coverage dating from the date that they could have first elected COBRA. Employers or plans will have to provide notice to these groups of individuals. In addition, a group health plan or insurer must refund the individuals any COBRA premiums that subsidy-eligible persons paid on or after the date of enactment in excess of 35% of the premium. This may be in the form of a reimbursement payment or credit against future premium payments due.

Eligibility for the Subsidy - Income Test
The subsidy is adjusted based on income. Joint filers with $250,000 or more of modified adjusted gross income and all other filers with $125,000 or more of modified adjusted gross income are not eligible for the full subsidy. The subsidy is phased out completely for persons with modified adjusted gross incomes of $290,000 joint or $145,000 for other filers. The subsidy is not considered income as long as the beneficiary meets the income tests. Excess amounts of subsidy over the amount the person is entitled to by income will be added to the person's tax on the person's federal tax return. The employer will not have to be concerned about the taxable effect on COBRA beneficiaries although a COBRA beneficiary may request that the employer not provide any subsidy.

Mechanics of the Premium Subsidy
The Act requires that the relevant entity that is collecting the 35% premium simply not collect the remaining 65% and, instead, obtain reimbursement from the federal government. In cases of a multiemployer plan, a group health plan subject to federal COBRA and/or a self-funded employer, the plan or the employer that is collecting the premium will recoup the subsidy amounts through commensurate reductions in payroll taxes. For insured plans not subject to federal COBRA, where the insurer is collecting the premium, the insurance company will be entitled to the reimbursement through a corresponding credit to its own payroll taxes. In cases where the payroll taxes are not sufficient to cover the subsidy, the additional amount will be provided as a credit to the taxpayer as if it was an overpayment of payroll taxes. There are filings that payers receiving the subsidy must make with the Secretary of the Treasury.

Electing a Different COBRA Option
An employer may allow a COBRA-subsidy eligible individual to change his or her health insurance coverage option when making a COBRA election. The new plan option must be made within 90 days of receipt of the COBRA election notice, must have the same or lower premiums and must be available to non-COBRA active employees under the plan.

Notice Requirements and Election Period
Under the Act employers must provide modified election notices or provide separate supplemental notices to all persons who became entitled to elect COBRA continuation coverage during the period beginning on September 1, 2008 and ending on December 31, 2009.

The new forms would notify the individual about the subsidy and, if applicable, the right to change to different benefits options. The Department of Labor, Treasury and Health and Human Services are supposed to work together to provide a model notice within 30 days of enactment.

Notices are required to be sent to subsidy-eligible persons who became qualified beneficiaries before the date of enactment within 60 days of enactment. (The Act does not affect the timing of notices sent to individuals who become qualified beneficiaries on or after the date of enactment.) The election period for those beneficiaries who became eligible before the date of enactment will begin on the date of enactment and end 60 days after the date the plan administrator provides the required notice.

Failure to provide the notices would be a COBRA violation and subject to the standard COBRA penalties of up to $110 a day under ERISA. Additionally, there could be adverse tax consequences under the Internal Revenue Code, which can impose excise taxes of $100 per day per notice on the plan administrator.

If you have questions, contact your UnitedHealthcare representative

Robert J Russell - 972-679-9029
http://www.insurancepricedright.com

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Wednesday, February 18, 2009

Tax Credit for Homebuyers

First-time homebuyers who purchase homes from the start of the year until the end of November 2009 may be eligible for the lower of an $8,000 or 10% of the value of the home tax credit. Remember a tax credit is very different than a tax deduction - a tax credit is equivalent to money in your hand, as opposed to a tax deduction which only reduces your taxable income.

The tax credit starts phasing out for couples with incomes above $150,000 and single filers with incomes above $75,000. Buyers will have to repay the credit if they sell their homes within three years.

To find out more about buying visit http://www.robertjrussell.com

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Tuesday, February 17, 2009

Hundreds of Free Clipart Images !

Looking for FREE ClipArt ?

Just download the image and use it in your own graphics or on your own website!

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Thursday, February 12, 2009

Quotes for the Month

Achievement Quotes ~

CHARACTER

"People of character do the right thing, not because they think it will change the world but because they refuse to be changed by the world." -- Michael Josephson

"Character is simply habit long continued." -- Plutarch

"Judge men not by their opinions, but by what their opinions have made of them." -- Georg Christopher Lichtenberg

"You can make more friends in two months by becoming interested in other people than you can in two years by trying to get other people interested in you." -- Dale Carnegie

CLARITY

"Winding up unfinished business with another person can give you a great burst of positive energy." -- Brian Tracy

"I know the price of success: dedication, hard work and an unremitting devotion to the things you want to see happen." -- Frank Lloyd Wright

"What we see depends mainly on what we look for." -- John Lubbock

"No man can always be right. So the struggle is to do one's best, to keep the brain and conscience clear, never to be swayed by unworthy motives or inconsequential reasons, but to strive to unearth the basic factors involved, then do one's duty." -- Dwight D. Eisenhower

MENTOR/COACH

"That which we are, we are all the while teaching, not voluntarily, but involuntarily." -- Ralph Waldo Emerson

"We could all use a little coaching. When you're playing the game, it's hard to think of everything." -- Jim Rohn

"To teach is to learn twice." -- Joseph Joubert

SUCCESS

"If you want to be successful, find someone who has achieved the results you want and copy what they do and you'll achieve the same results." -- Anthony Robbins

"People begin to become successful the minute they decide to be."-- Harvey Mackay


· Raise the bar and commit to higher goals · Recognize negative people and detoxify them from your life · Challenge yourself and put your fear of failure to rest

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Wednesday, February 11, 2009

Home Sweet Retirement Home

With prices down by a third in many markets, it may be time to start shopping for the house you want to end up in.

(Money Magazine) -- My wife and I recently swallowed hard and bought a tiny cabin on a prime lake-front lot near the Berkshire hills in western Massachusetts where we'd like to retire one day. (At a later date, we'll build a bigger house.) Were we early, buying before housing prices hit rock bottom? Almost certainly. Are we losing sleep over it? Absolutely not.

We love knowing we've locked up a fantastic piece of property at 20% below the asking price - the price it might have fetched a few years ago. Now we're enjoying planning for our retirement in specifics - and meanwhile, spending as much time in our Berkshires retreat as we are able to.

If you also dream of retiring to an idyllic waterfront locale, a country plot or an active-adult community, you may similarly find that now is the right time to buy - or at least to start looking in earnest. Prices in once frothy retirement havens like Las Vegas, Naples, Fla. and Phoenix have tumbled more than 30% since peaking in 2006.

Sure, values may go lower still, given forecasts that the housing market will stay soft through 2009. Picking the exact bottom is a dicey game, however. And in any case, the question that matters most to retirement buyers is not what price the house you want will sell for next year but whether it will be worth more than what you paid for it in, say, 10 or 15 years.

Framed that way, the values in retirement homes right now are compelling in many areas. The following steps can help you decide if you're ready to make this leap and, if so, how to land the best deal.

Know what you can afford

Before you spend time and energy scouting properties, make sure you can clear the hurdles that buying now may present. Financing remains tight, so you'll need stellar credit (740 or higher) to qualify for the lowest mortgage rate. Then too, spending money on a second home isn't wise if your job could be in jeopardy because of the recession. And if your nest egg has been seriously dented by falling stocks, you'd be better off putting extra cash into rebuilding it, not carrying the costs of two properties. If these aren't obstacles for you, let the shopping begin.

Pick your sweet spot

The current downturn has hit virtually every corner of the market. So you can find deals almost anywhere; the trick is to home in on locales where the houses also have a good shot at maintaining their value going forward and eventually appreciating. Your best bet: areas with large employers in growth industries such as health care and technology or that offer other extras that will help fuel expansion. Examples include the new airport planned for Panama City Beach, Fla. and the Goldilocks weather (not too hot, not too cold) in the Carolinas, which have seen a recent influx of new residents from the Deep South, typically former northerners who are coming partway back up the coast to recapture a taste of the four seasons.

If you prefer an active-adult community, you'll find the best values in complexes completed more than five years ago. "You won't get the very latest and greatest amenities," warns Rebecca Stahr, a consultant to adult-community builders at LifeSpring Environs in Atlanta. But that's why prices of these homes have fallen more than those of newer ones - other buyers are likely to favor newer developments that offer lots of on-site facilities like restaurants and spas. Warning: Stay away from projects that aren't finished, no matter how many free upgrades the developer offers. Builders' struggles mean that construction sites may stay in the construction phase for quite a while.

Drive a hard bargain

Many second-home owners are speculators who got trapped when the market tanked, or folks who lost income as the economy went bad and can no longer support two residences. That makes them particularly eager sellers who may accept a below-market price to clinch a quick deal.

How low can you go? Adorna Carroll, a real estate agent at Realty3 in Berlin, Conn., suggests this strategy: First determine what similar properties have sold for recently (find out from a broker or an online tool like Zillow.com). Then bid below that, negotiating with intangibles such as terms and dates, not price. Offering 10% less than recent sales is a good starting point; a 20% haircut is okay if you're worried about further drops in the market. If you get a cold response, you can always raise the offer and possibly still walk away with a good deal.

Work with an ally

Normally, real estate agents are legally bound to work on behalf of the seller to land the highest price. But you can choose instead to work with an agent accredited to represent the buyer; in this case, the legal obligation is reversed and the broker is compelled to use her understanding of the seller and the property to extract the lowest price on your behalf. (Find a buyer-agent through referrals or at rebac.net.) True, the agent still draws her fee from the sales commission so her loyalties, unofficially, may be divided. But given the turbulence of the market, you gain an advantage by working with a knowledgeable partner. Says Carroll: "At times like these it pays to have an advocate."

By Dan Kadlec, Money Magazine contributing writer

E-mail Dan Kadlec, co-author of "The Power Years," at boom_years@moneymail.com.

For Information on your Home Value - Visit http://www.robertjrussell.com

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International Real Estate Webinar

Would you like to Sell Real Estate in other States ? Or maybe other countries ?

Find out how you can get your International Real Estate Certification and attend our Webinar on the following date.

Feb-17 at 11am CST - Limited Space Available

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to get your password and Login to attend this 30 minute Informational Meeting !

This is an event you don't want to miss!

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Tuesday, February 10, 2009

Identity theft victims fight back, bust pizza-purchasing suspect

LEWISVILLE, Texas - Texas ranks fourth in the nation for the number of identity theft victims, according to the latest numbers from the Federal Trade Commission.

Most victims range from 18 to 39 years old.

But when it came to the case of one Flower Mound couple, they decided to get answers rather than sit back after they became identity theft victims. Ultimately, their actions led to a suspect's arrest.

Brad and Sarah Bailey first learned they were targeted after Wells Fargo informed them of suspicious charges to their account. They were charged $70 to Romeo's Pizza.

"I was irritated," said Mrs. Bailey. "I was devastated. Right now, the last thing anybody needs is to have money depleted out of their account."

The charges didn't end there. They were charged more than once for food they never ordered from the same pizzeria.

"I couldn't let it go," Mr. Bailey said.

In a search for answers, Mr. Bailey decided to make a visit to Romeo's Pizza. He talked to the manager who told him to bring a police officer if he wanted to know where the pizza was delivered. So, Mr. Bailey did just that and returned with an officer.

Ultimately, the Lewisville police officer ended up at a Motel 6, which is where police said they found the suspect and more evidence in one of the rooms. Police confiscated equipment that the suspects allegedly used to create credit cards.

"They confessed to everything ... and what they were doing was going and getting gift cards and they were using this equipment to make credit cards," Mr. Bailey said.

Semmie Isaiah Williams was arrested and charged with fraud. A debit card with the Baileys' account information on it was also found by police.

"How many people get that type of satisfaction to say, 'The person that did that to me, they're in jail," Mr. Bailey said.

"Well, I called him Magnum P.I. that night," said Mrs. Bailey of her husband.

Visit: http://www.robertjrussell.com

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America's Most Miserable Cities

Lousy weather, long commutes, rising unemployment and high sales tax. Welcome home.

Chicago would seem to be on quite a roll these days. The city is a leading contender to host the Summer Olympics in 2016. The hometown Cubs had the most wins of any team in the National League last year and are one of the early favorites to win the 2009 World Series. And, of course, one of its own just became the most powerful person in the world (we're not talking about Oprah either, but she's close).

So with all of the good vibes coming out of Chicago, how does it show up as the third worst city on our second annual list of America's Most Miserable Cities?

Lousy weather, long commutes, rising unemployment and the highest sales tax rate in the country are to blame for the Windy City being near the top of our list. High rates of corruption by public officials didn't help

Misery was up around the country in 2008. Market meltdowns, bank blowups and bailouts and cratering home prices often overshadowed the incredibly positive stories of 2008 like the Beijing Summer Games and the historic election of Barack Obama. The highly watched Misery Index spiked as the unemployment rate plus the inflation rate surged to 9.6 in 2008, up from 7.5 the previous year. It was the highest annual level since 1993.

Our own Forbes Misery Measure saw a shuffling of the deck among the top 10 cities, with five new candidates getting a failing grade this year. Topping the charts is Stockton, Calif., which was the runner-up on our list last year.

The Most Miserable City

Stockton ranks in the bottom seven in four of the nine categories we looked at: commute times, income tax rates, unemployment and violent crime. Only New York City has a higher income tax rate than what Stockton, and all California residents, are forced to pay.

Stockton was ground zero for the housing boom and now the subsequent bust. Home prices more than tripled between 1998 and 2005 and then came crashing down last year. Stockton had the country's highest foreclosure rate last year at 9.5%, according to RealtyTrac, an online marketer of foreclosed property. Things are not looking much brighter in 2009 as housing prices are expected to fall another 36% on the heels of a 39% drop in 2008. Also, unemployment is expected to jump to 13.3% from 10.4%, according to economic research firm Moody's Economy.com.

"We are engaging the entire community and encouraging everyone to get involved and help us find solutions that meet the needs of our community," says Stockton Mayor Ann Johnston. "Volunteerism is encouraged, looking out for your neighbor, and taking personal responsibility where individuals can make a difference. We are partnering with all community organizations--schools, churches, non-profits-- to provide support services and help individuals and families get through these difficult times."

We compiled our rankings by looking at the 150 largest metropolitan statistical areas in the U.S., which meant those with a population of at least 378,000. We ranked those metros on nine factors: commute times, corruption, pro sports teams, Superfund sites, taxes (both income and sales), unemployment, violent crime and weather.

For this year's ranking, we added the corruption component. We used the criminal conviction of government officials in each area over the past decade as compiled by the Public Integrity Section of the Department of Justice. This division of the Justice Department was created in 1976 to focus on "crimes involving abuses of the public trust by government officials."

A Little Corruption Problem

The U.S. Attorney's Office for the Northern District of Illinois, which includes Chicago, has been very busy in recent years. They convicted 385 public officials of crimes over the past decade, a per capita rate that puts it in the bottom third of big U.S. metros.

The Northern District office boasts of recent successful prosecutions, including "a corrupt former governor of Illinois, Chicago officials who rigged city hiring, individuals who lied about their support of foreign terrorism, corporate executives who cheated public shareholders and traditional organized-crime bosses who were responsible for notorious murders."

Illinois' record of public corruption, particularly in the governor's office, is staggering. Five of the past nine governors have been charged with crimes, and three, as of now, have served time in prison. Whether former Gov. Blagojevich will do any jail time is still to be determined.

The misery in Chicago runs much deeper than just corruption, though. Unemployment is expected to surge to 9.2% in 2009, up from 6.6%. The Tribune Co. is mired in bankruptcy, while big local employers like Midway Games, Motorola and the University of Chicago Medical Center have all announced big layoffs.

Residents have been showing their dissatisfaction with Chicago with their feet, perhaps fed up by the average low temperature of 17 degrees in January. There has been a net migration of people out of Chicago for seven straight years, a trend that is expected to continue. And for all of the recent success of the lovable Cubs, last year marked the 100th straight season without a World Series championship. The title drought is 40% longer than any other major professional sports team.

Memphis Blues

Sandwiched between Stockton and Chicago is Memphis, Tenn. The home of FedEx has an incredibly high rate of violent crimes, with only Detroit faring worse. The 1,218 violent crimes per 100,000 residents is more than twice the rate in the New York City metro area. The city's sales tax and rate of government employees committing crimes also fall within the 10 highest in the U.S. Pro sports has been a mess in Memphis in recent years as well. The city's lone major franchise, the Memphis Grizzlies, has lost 74% of its games during the past three years, the worst in the NBA.

Detroit relinquished its 2007 crown of most miserable city despite a memorable 2008 that included a jailed mayor, the further deterioration of the auto industry and the NFL's first zero-win, 16-loss season.

The Motor City benefited from our revised criteria this year (we added sales tax and sports teams in addition to corruption). Its 6% sales tax is one of the lowest in the country. The success of Detroit's winter sports teams more than offset the ineptitude of the Lions. The Red Wings and Pistons won two-thirds of their games, including a Stanley Cup title for the Wings.

By Kurt Badenhausen, Forbes.com

Feb 6, 2009

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Monday, February 09, 2009

15 Companies that might not Survive in 2009

article written by: Rick Newman

Friday February 6, 2009, 11:53 am EST

Who's next?

With consumers shutting their wallets and corporate revenues plunging, the business landscape may start to resemble a graveyard in 2009. Household names like Circuit City and Linens 'n Things have already perished. And chances are, those bankruptcies were just an early warning sign of a much broader epidemic.

Moody's Investors Service, for instance, predicts that the default rate on corporate bonds - which foretells bankruptcies - will be three times higher in 2009 than in 2008, and 15 times higher than in 2007. That could equate to 25 significant bankruptcies per month.

We examined ratings from Moody's and data from other sources to develop a short list of potential victims that ought to be familiar to most consumers. Many of these firms are in industries directly hit by the slowdown in consumer spending, such as retail, automotive, housing and entertainment.

But there are other common threads. Most of these firms have limited cash for a rainy day, and a lot of debt, with large interest payments due over the next year. In ordinary times, it might not be so hard to refinance loans, or get new ones, to help keep the cash flowing. But in an acute credit crunch it's a different story, and at companies where sales are down and going lower, skittish lenders may refuse to grant any more credit. It's a terrible time to be cash-poor.

[See how Wall Street continues to doom itself.]

That's why Moody's assigns most of these firms its lowest rating for short-term liquidity. And all the firms on this list have long-term debt that Moody's rates Caa or lower, which means the borrower is considered at least a "very high" credit risk.

Once a company defaults on its debt, or fails to make a payment, the next step is usually a Chapter 11 bankruptcy filing. Some firms continue to operate while in Chapter 11, retaining many of their employees. Those firms often shed debt, restructure, and emerge from bankruptcy as healthier companies.

But it takes fresh financing to do that, and with money scarce, more bankrupt firms than usual are likely to liquidate - like Circuit City. That's why corporate failures are likely to be a major drag on the economy in 2009: In a liquidation, the entire workforce often gets axed, with little or no severance. That will only add to unemployment, which could hit 9 or even 10 percent by the end of the year.

[Want to land a plum job without paying taxes? Here's how.]

It's possible that none of the firms on this list will liquidate, or even declare Chapter 11. Some may come up with unexpected revenue or creative financing that helps avert bankruptcy, while others could be purchased in whole or in part by creditors or other investors. But one way or another, the following 15 firms will probably look a lot different a year from now than they do today:

Rite Aid. (Ticker symbol: RAD; about 100,000 employees; 1-year stock-price decline: 92%). This drugstore chain tried to boost its performance by acquiring competitors Brooks and Eckerd in 2007. But there have been some nasty side effects, like a huge debt load that makes it the most leveraged drugstore chain in the U.S., according to Zacks Equity Research. That big retail investment came just as megadiscounter Wal-Mart was starting to sell prescription drugs, and consumers were starting to cut bank on spending. Management has twice lowered its outlook for 2009. Prognosis: Mounting losses, with no turnaround in sight.

Claire's Stores. (Privately owned; about 18,000 employees.) Leon Black's once-renowned private-equity firm, the Apollo Group, paid $3.1 billion for this trendy teen-focused accessory store in 2007, when buyout funds were bulging. But cash flow has been negative for much of the past year and analysts believe Claire's is close to defaulting on its debt. A horrible retail outlook for 2009 offers no relief, suggesting Claire's could follow Linens 'n Things - another Apollo purchase - and declare Chapter 11, possibly shuttering all of its 3,000-plus stores.

[See 5 pieces missing from Obama's stimulus plan.]

Chrysler. (Privately owned; about 55,000 employees). It's never a good sign when management insists the company is not going out of business, which is what CEO Bob Nardelli has been doing lately. Of the three Detroit automakers, Chrysler is the most endangered, with a product portfolio that's overreliant on gas-guzzling trucks and SUVs and almost totally devoid of compelling small cars. A recent deal with Fiat seems dubious, since the Italian automaker doesn't have to pony up any money, and Chrysler desperately needs cash. The company is quickly burning through $4 billion in government bailout money, and with car sales down 40 percent from recent peaks, Chrysler may be the weakling that can't cut it in tough times.

Dollar Thrifty Automotive Group. (DTG; about 7,000 employees; stock down 95%). This car-rental company is a small player compared to Enterprise, Hertz, and Avis Budget. It's also more reliant on leisure travelers, and therefore more susceptible to a downturn as consumers cut spending. Dollar Thrifty is also closely tied to Chrysler, which supplies 80 percent of its fleet. Moody's predicts that if Chrysler declares Chapter 11, Dollar Thrifty would suffer deeply as well.

Realogy Corp. (Privately owned; about 13,000 employees). It's the biggest real-estate brokerage firm in the country, but that's a bad thing when there are double-digit declines in both sales and prices, as there were in 2009. Realogy, which includes the Coldwell Banker, ERA, and Sotheby's franchises, also carries a high debt load, dating to its purchase by the Apollo Group in 2007 - the very moment when the housing market was starting to invert from a soaring ride into a sickening nosedive. Realogy has been trying to refinance much of its debt, prompting lawsuits. One deal was denied by a judge in December, reducing the firm's already tight wiggle room.

[See why "Wall Street talent" is an oxymoron.]

Station Casinos. (Privately owned, about 14,000 employees). Las Vegas has already been creamed by a biblical real-estate bust, and now it may face the loss of its home-grown gambling joints, too. Station - which runs 15 casinos off the strip that cater to locals - recently failed to make a key interest payment, which is often one of the last steps before a Chapter 11 filing. For once, the house seems likely to lose.

Loehmann's Capital Corp. (Privately owned; about 1,500 employees). This clothing chain has the right formula for lean times, offering women's clothing at discount prices. But the consumer pullback is hitting just about every retailer, and Loehmann's has a lot less cash to ride out a drought than competitors like Nordstrom Rack and TJ Maxx. If Loehmann's doesn't get additional financing in 2009 - a dicey proposition, given skyrocketing unemployment and plunging spending - the chain could run out of cash.

Sbarro. (Privately owned; about 5,500 employees). It's not the pizza that's the problem. Many of this chain's 1,100 storefronts are in malls, which is a double whammy: Traffic is down, since consumers have put away their wallets. Sbarro can't really boost revenue by adding a breakfast or late-night menu, like other chains have done. And competitors like Domino's and Pizza Hut have less debt and stronger cash flow, which could intensify pressure on Sbarro as key debt payments come due in 2009.

Six Flags. (SIX; about 30,000 employees; stock down 84%). This theme-park operator has been losing money for several years, and selling off properties to try to pay down debt and get back into the black. But the ride may end prematurely. Moody's expects cash flow to be negative in 2009, and if consumers aren't spending during the peak summer season, that could imperil the company's ability to pay debts coming due later this year and in 2010.

Blockbuster. (BBI; about 60,000 employees; stock down 57%). The video-rental chain has burned cash while trying to figure out how to maximize fees without alienating customers. Its operating income has started to improve just as consumers are cutting back, even on movies. Video stores in general are under pressure as they compete with cable and Internet operators offering the same titles. A key test of Blockbuster's viability will come when two credit lines expire in August. One possible outcome, according to Valueline, is that investors take the company private and then go public again when market conditions are better.

Krispy Kreme. (KKD; about 4,000 employees; stock down 50%). The donuts might be good, but Krispy Kreme overestimated Americans' appetite - and that's saying something. This chain overexpanded during the donut heyday of the 1990s - taking on a lot of debt - and now requires high volumes to meet expenses and interest payments. The company has cut costs and closed underperforming stores, but still hasn't earned an operating profit in three years. And now that consumers are cutting back on everything, such improvements may fail to offset top-line declines, leading Krispy Kreme to seek some kind of relief from lenders over the next year.

Landry's Restaurants. (LNY; about 17,000 employees; stock down 66%). This restaurant chain, which operates Chart House, Rainforest Café, and other eateries, needs $400 million in new financing to finalize a buyout deal dating to last June. If lenders come through, the company should have enough cash to ride out the recession. But at least two banks have already balked, leading to downgrades of the company's debt and the prospect of a cash-flow crunch.

Sirius Satellite Radio. (SIRI - parent company; about 1,000 employees; stock down 96%). The music rocks, but satellite radio has yet to be profitable, and huge contracts for performers like Howard Stern are looking unsustainable. Sirius is one of two satellite-radio services owned by parent company Sirius XM, which was formed when Sirius and XM merged last year. So far, the merger hasn't generated the savings needed to make the company profitable, and Moody's thinks there's a "high likelihood" that Sirius will fail to repay or refinance its debt in 2009. One outcome could be a takeover, at distressed prices, by other firms active in the satellite business.

Trump Entertainment Resorts Holdings. (TRMP; about 9,500 employees; stock down 94%). The casino company made famous by The Donald has received several extensions on interest payments, while it tries to sell at least one of its Atlantic City properties and pay down a stack of debt. But with casino buyers scarce, competition circling, and gamblers nursing their losses from the recession, Trump Entertainment may face long odds of skirting bankruptcy.

BearingPoint. (BGPT; about 16,000 employees; stock down 21%). This Virginia-based consulting firm, spun out of KPMG in 2001, is struggling to solve its own operating problems. The firm has consistently lost money, revenue has been falling, and management stopped issuing earnings guidance in 2008. Stable government contracts generate about 30 percent of the firm's business, but the firm may sell other divisions to help pay off debt. With a key interest payment due in April, management needs to hustle - or devise its own exit strategy.

- With Carol Hook, Danielle Burton and Stephanie Salmon