In its original decision, the Court had ruled that was unconstitutional under the Sixteenth Amendment to the extent that the statute purported to tax, as income, a recovery for a non-physical personal injury for mental distress and loss of reputation not received in lieu of taxable income such as lost wages or earnings.

Also, the availability of future recovery in a foreign Court is not a critical factor in the FNC analysis, as foreign judgments can be returned to New York for domestication under the principle of comity by making a motion in lieu of complaint to recognize the foreign judgment.

In lieu of the amanuensis to the blind or illiterate bard, one may conceive of a man who heard a vast store of oral poetry recited, and became intimately familiar with the established aids to poetizing, and himself wrote his own compositions or his edition of the compositions of the past.

When real estate is held by a higher government unit or some other entity not subject to taxation by the local government, the taxing authority may receive a payment in lieu of taxes to compensate it for some or all of the foregone tax revenue.

* If a patient has been awarded monetary damages against the hospital or any related or affiliated services by a court of law, or has settled out of court on damages, the hospital and related / affiliated services may not withhold monies due to lack of payment, or count the money toward the bill in lieu of making payment to the patient.

A prefix that indicates an integer, e. g., " bin ", " tern ," or " quatern ", may be used in lieu of a numeral, to produce " binary ", " ternary ", or " quaternary " ( 2, 3, and 4 states respectively ).

The deposition of the witness is taken and, if the witness is unable to appear at trial, the deposition may be used to establish the witness ' testimony in lieu of the witness actually testifying.

Under this provision, industry groups and others may request Commission approval of self-regulatory guidelines to govern participants ' compliance, such that website operators in Commission-approved programs would first be subject to the disciplinary procedures of the safe harbor program in lieu of FTC enforcement.

Or they may employ some form of self-locking device, such as a Silent Partner, in lieu of a belayer, allowing a soloist to climb without a partner.

They may also complete one of 12 Five College Certificates — among them African studies, Buddhist studies, coastal and marine sciences, cognitive neuroscience, international relations, and Middle Eastern studies — in lieu of a minor.

It may agree to them, amend them, propose other amendments in lieu, or reject them.

It may agree to them, amend them, propose other amendments in lieu or reject them.

A microwave antenna may also be fed directly from a waveguide in lieu of a ( conductive ) transmission line.

Conduct funerals for mock-victims ( may be in lieu of ( 10 )).

People may keep a digital pet in lieu of a real pet.

In lieu of padding, flexible materials, such as wicker, may be used instead with similar effects of distributing the weight.

Restaurants and banquet halls charging service charges in lieu of tips must distribute them to their wait staff in some US states ( e. g., Massachusetts, New York, Montana ), but in the State of Kentucky may keep them.

Over night traction may be used in lieu of walking devices or in combination.

Such deduction may be referred to as “ group relief .” Generally, such deductions function in lieu of consolidated or combined computation of tax ( tax consolidation ) for such groups.

Some digital subchannels which carry weather information may also have NWR airing in the background, while regular television stations carry the audio during times they are off-the-air and transmitting a test pattern, in lieu of a reference tone.

In lieu of producing a bronze image suitable for outdoor use the plaster image may be painted to resemble a metal image ; such sculptures are suitable only for presentation in a weather-protected environment.

Senior Jurats may be appointed as Lieutenant-Bailiffs to perform some ceremonial duties in lieu of the Bailiff on occasion as well as presiding over judicial proceedings generally of an administrative nature.

Memorial gifts are sometimes requested by their survivors ( e. g. " in lieu of flowers, contributions may be made to ABC Charity "), usually directing donations to a charitable organization for which the deceased was a donor or volunteer, or for a cause befitting the deceased's priorities in life or manner of death.

* If a shot fails to contact any object ball at all, the opponent may optionally require ( in lieu of taking the turn ) that the original shooter to re-shoot the shot from the original cue ball position ( a subsequent failure ends the original shooter's turn, spots the 1 ball and gives the incoming player ball-in-hand behind the headstring ) ( Compare the in nine-ball.

:" Provided that any Indian to whom allotments have been made on the tract to be ceded may, in case they elect to do so before said lands are offered for sale, relinquish same and select allotments in lieu thereof on the diminished reservation.

A relative absence of wallows near rivers in the range of the Sumatran rhinoceros indicates they may occasionally bathe in rivers in lieu of wallowing.

Such a period is referred to as a leave of absence in lieu of layoff.

This means the employer of a senior employee privy to company secrets should be careful not to unjustifiably summarily dismiss him, or put him on garden leave or pay him in lieu of notice without a contractual provision allowing it, or even miscalculate his notice period making it a day short.

If an employer wants an exiting employee out of the way and does not have the right to put him on garden leave or pay him in lieu of notice then the only options are to encourage use of holiday and offer a compromise agreement to waive his right to sue in return for the intentional breach of contract.

Claims may include wages in lieu of notice, arrears of wages, statutory holiday pay, annual leave pay, sickness allowance, maternity leave pay, bonus / double pay, severance pay, and long service payments.

In some instances, bakers would leave the cake unfrosted or sprinkle the top with powdered sugar in lieu of icing.

Unless additional services are run via Bolton in lieu this diversion would leave a roughly 2 hourly gap in the Bolton service.

In 1998, William J. Hybl, president of the United States Olympic Committee, citing: “ great evidence of anti-Semitism was there ,” presented Glickman with a special plaque: “ in lieu of the gold medals they didn ’ t win .”

In lieu of a monument at his gravesite, on March 6, 2010, various detachments of the Marine Corps League of Kentucky dedicated a monument to Commandant Anthony Gale at the Lincoln County Courthouse in Stanford, KY, nearby where he died and is likely buried.

He is intelligent and dedicated, willing to treat both wealthy and indigent, and willing to accept barter in lieu of cash when necessary.

Founded in 1997, it consists of teams of specially trained U. S. Air Force Security Forces personnel dedicated to providing security for Air Mobility Command aircraft and personnel transiting high terrorist and criminal threat areas, as well as in lieu of missions for conventional special forces.

In lieu of an actual " plank " from the deck of a newly commissioned ship ( these being pretty hard to come by in this day and age ) crew members are presented with a Plank Owner Certificate commemorating their unique status of being part of the Original Crew when the ship became part of the U. S. Navy.

The same custom is often followed in fiction: the Constitution-class cruiser is the basis for the Enterprise of Star Trek ( although in Star Trek the term pathfinder is also occasionally used in lieu of lead ship ) and the Imperial-class Star Destroyer appears in Star Wars.

# Dependent ( serf or villein ) holdings carrying the obligation that the peasant household supply the lord with specified labour services or a part of its output ( or cash in lieu thereof ), subject to the custom attached to the holding ; and

The " O " character also was made over, acquiring its trademark pillar-like bowl, which has since become a major focal point for the logo and Fox advertising in lieu of the searchlight motif.

Some jurisdictions allow stenomask technology in lieu of traditional stenographic equipment, although many jurisdictions still prohibit stenomask because of its disconcerting effect on most lawyers and witnesses.

" The use of the term " Ruhr " for the industrial region started in Britain only after World War I, when French and Belgian troops had occupied the Ruhr district and seized its prime industrial assets in lieu of unpaid reparations in 1923.

Because this decreased the county's potential tax base, the government shared money earned from timber sales with the county, and payments in lieu of taxes from the federal government became a large part of its tax base.

The XFL used a novel color pattern, a black ball with red curved lines in lieu of stripes, for its footballs ; this design was redone in a tan and navy color scheme for the Arena Football League in 2003.

In 2012, the company announced that it is closing its Stafford plant because industry demand for larger, more efficient wafers increased and the company, in lieu of upgrading the Stafford plant to accommodate production of larger wafers, opted to shift production to newer plants.

In its early stages, the Court held the view that interstate commerce was wholly immune from state taxation " in any form ," " even though the same amount of tax should be laid on ( intrastate ) commerce ," This position gave way in time to a less uncompromising but formal approach, according to which, for example, the Court would invalidate a state tax levied on gross receipts from interstate commerce, or upon the " freight carried " in interstate commerce, but would allow a tax merely measured by gross receipts from interstate commerce as long as the tax was formally imposed upon franchises, or "' in lieu of all taxes upon ( the taxpayer's ) property ,'" Dissenting from this formal approach in 1927, Justice Stone remarked that it was " too mechanical, too uncertain in its application, and too remote from actualities, to be of value.

The government accepted some virtually worthless land in lieu of taxes and in 1935 capitulated completely, reducing the tax to its former rate and annulling the landowners ' arrears by making them retroactive to 1931.

Reviewers point out that although Princess Tutu is nominally a magical girl series, it is more of a " fairy tale set to ballet with a few magical girl elements mixed in ," and its use of dance in lieu of violence to solve conflicts carries " surprisingly effective emotional appeal.

As part of the resulting agreement, made in May 2010, it was agreed that the RATP Group would take over ownership of some of Transdev's operations in lieu of cash payment for its holdings in Transdev.

Since Cyclops is still married to Madelyne Pryor at the time, Angel's love for Jean finds its way to the surface as Jean turns to Warren for emotional support in lieu of Cyclops ' coldness towards her.

While the knock-off spinner resembles an early hubcap, its threads also retain the wheel itself, in lieu of lug nuts.

Despite its use of recordings of actual musical instruments in lieu of internally generated sounds, the Optigan suffered from poor tonal quality due not only to the bandwidth limitations of its optical system but its mechanical system as well.

For the first time Louisiana operated with a " cabinet style " executive department in lieu of the hundreds of boards and commissions that had existed for decades, each its own fiefdom.

He also substituted, in lieu of the restrictions of Lutheran, Zwinglian and Anabaptist sects, the vision of an invisible spiritual church, universal in its scope.

Discovery Channel Canada also produces its own version of the Cash Cab game show, in lieu of broadcasting the American version ( although the host of the Canadian version has on one occasion hosted the US show, too ).

In this case, Space was introduced in lieu of Canadians receiving the SciFi Channel ( now Syfy ); it has been criticized for not carrying the same type of programming as its U. S. counterpart, although most ( but not all ) original SyFy programming eventually finds its way onto Space.

Gravimetric analysis, due to its high degree of accuracy, when performed correctly, can also be used to calibrate other instruments in lieu of reference standards.