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Blackpink Announces Something Very Special Is Coming Later This Summer

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Lina Khan Named F.T.C. Chair by Biden

President Biden named Lina Khan, a prominent critic of Big Tech, as the chair of the Federal Trade Commission, according to two people with knowledge of the decision, a move that signals that the agency is likely to crack down further on the industry’s giants.

A public announcement of the decision is expected Tuesday, one of the people said.

Earlier in the day, the Senate voted 69 to 28 to confirm Ms. Khan, 32, to a seat at the agency. The commission investigates antitrust violations, deceptive trade practices and data privacy lapses in Silicon Valley.

Ms. Khan did not immediately respond to a request for comment.

In her new role, Ms. Khan will help regulate the kind of behavior highlighted for years by critics of Amazon, Facebook, Google and Apple. She told a Senate committee in April that she was worried about the way tech companies could use their power to dominate new markets. She first attracted notice as a critic of Amazon. The agency is investigating the retail giant and filed an antitrust lawsuit against Facebook last year.

Her appointment was a victory for progressive activists who want Mr. Biden to take a hard line against big companies. He also gave a White House job to Tim Wu, a law professor who has criticized the power of the tech giants.

But Mr. Biden has yet to fill another key positions tasked with regulating the industry: someone to lead the Department of Justice’s antitrust division.

This is a developing story. Check back for updates.

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Jim Cramer: Own these stocks if the Fed leaves interest rates unchanged

CNBC’s Jim Cramer said Monday that investors should think about buying some industrial and energy names if the Federal Reserve keeps rates unchanged at this week’s meeting.

“If you think, as I do, that the Fed will keep the fires going, you’ll want to own a steel stock or a heavy machinery play or a chemical company,” Cramer said on “Mad Money.” “I even sanction some energy stocks because many of these companies have changed their suboptimal ways.”

Cramer recommended investors take a look at stocks like chemical-maker Dow Inc, heavy machinery company Caterpillar and Cleveland-Cliffs, the iron ore and steel products producer whose shares cratered 9% Monday. Dow Inc and Caterpillar also fell slightly on Monday. He also pointed to energy stocks Chevron, Exxon Mobil and Pioneer Natural Resources as potential buys for investors.

“These are the kind of companies that thrive when economies around the world are growing, and that’s exactly what I expect,” Cramer said.

The Fed is slated to start its two-day policy meeting on Tuesday. The central bank is not expected to move interest rates. However, investors will be looking for clues on whether the Fed has changed its stance on U.S. inflation. The meeting is set to wrap up on Wednesday.

Cramer’s comments came after gains in growth and technology names carried the Nasdaq Composite to a fresh record close. The S&P 500 staged a late-day rally to also close at an all-time high. The Dow Jones Industrial Average lagged, closing slightly lower.

The moves Monday in growth stocks — such as social media giant Facebook, cloud messaging platform Twilio, cybersecurity provider CrowdStrike and the e-commerce site Etsy — represented a belief the economy could be cooling down or the Fed could hike interest rates to keep the economy from overheating, Cramer said.

CrowdStrike shares rose about 1%, while Facebook advanced 1.7%. Etsy moved 2.7% higher, and Twilio climbed 3%.

“Until we see … the whites of the [Fed’s] eyes on Wednesday, you can expect the action to look like today, where we had lots of traffic in the junior and senior growth aisles, with shoppers fleeing from the messy industrial aisles and bank stock aisles,” he said.

Disclosure: Cramer’s charitable trust owns shares of Facebook.

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The Creators Of ‘Harley Quinn’ Reveal The One Thing Batman Can Never Do

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A Fading Coal County Bets on Schools, but There’s One Big Hitch

“I hear it from kids all the time: I want to get out of here,” said Kristin Johnson, a 24-year-old middle school teacher at Mount View who lives in Princeton, W.Va., about an hour’s drive away, and is itching for a teacher job to open there. “Those who do get an education know they can make more money somewhere else.”

Ms. Keys returned, in part, out of loyalty. “When I was in high school, we started losing a lot of teachers,” she said. “People feared there would be nobody there to take those jobs.” But a stable teaching job, as well as free housing at her grandmother’s old house, played into her calculations.

This may not be enough to hold her, though. Even dating locally is complicated. Her boyfriend lives over an hour away, outside Beckley. “There is nobody here that is appealing,” Ms. Keys said.

Consider Emily Hicks, 24, who graduated from Mount View in 2015. She is at the forefront of Reconnecting McDowell’s efforts, an early participant in the mentoring program meant to expand the horizons of local youths.

She didn’t even have to leave home to get her bachelor’s degree at Bluefield State College, commuting from home every other day. Today she teaches fifth grade at Kimball Elementary School. Her father is a surveyor for the coal mines; her mother works for the local landfill. But her boyfriend, Brandon McCoy, is hoping to leave the coal business and has taken a couple of part-time jobs at clinics outside the county after getting an associate degree in radiology.

Her brother, Justin, who graduated from high school in June, is going to college to get a degree in electrical engineering. “I have no idea what I’m going to do after that,” he said. “But there’s not a lot to do here.”

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Djokovic Approaches Federer And Nadal’s Record With French Open Win

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How Private Equity Firms Avoid Taxes

There were two weeks left in the Trump administration when the Treasury Department handed down a set of rules governing an obscure corner of the tax code.

Overseen by a senior Treasury official whose previous job involved helping the wealthy avoid taxes, the new regulations represented a major victory for private equity firms. They ensured that executives in the $4.5 trillion industry, whose leaders often measure their yearly pay in eight or nine figures, could avoid paying hundreds of millions in taxes.

The rules were approved on Jan. 5, the day before the riot at the U.S. Capitol. Hardly anyone noticed.

The Trump administration’s farewell gift to the buyout industry was part of a pattern that has spanned Republican and Democratic presidencies and Congresses: Private equity has conquered the American tax system.

one recent estimate, the United States loses $75 billion a year from investors in partnerships failing to report their income accurately — at least some of which would probably be recovered if the I.R.S. conducted more audits. That’s enough to roughly double annual federal spending on education.

It is also a dramatic understatement of the true cost. It doesn’t include the ever-changing array of maneuvers — often skating the edge of the law — that private equity firms have devised to help their managers avoid income taxes on the roughly $120 billion the industry pays its executives each year.

Private equity’s ability to vanquish the I.R.S., Treasury and Congress goes a long way toward explaining the deep inequities in the U.S. tax system. When it comes to bankrolling the federal government, the richest of America’s rich — many of them hailing from the private equity industry — play by an entirely different set of rules than everyone else.

The result is that men like Blackstone Group’s chief executive, Stephen A. Schwarzman, who earned more than $610 million last year, can pay federal taxes at rates similar to the average American.

Lawmakers have periodically tried to force private equity to pay more, and the Biden administration has proposed a series of reforms, including enlarging the I.R.S.’s enforcement budget and closing loopholes. The push for reform gained new momentum after ProPublica’s recent revelation that some of America’s richest men paid little or no federal taxes.

nearly $600 million in campaign contributions over the last decade, has repeatedly derailed past efforts to increase its tax burden.

Taylor Swift’s back music catalog.

The industry makes money in two main ways. Firms typically charge their investors a management fee of 2 percent of their assets. And they keep 20 percent of future profits that their investments generate.

That slice of future profits is known as “carried interest.” The term dates at least to the Renaissance. Italian ship captains were compensated in part with an interest in whatever profits were realized on the cargo they carried.

The I.R.S. has long allowed the industry to treat the money it makes from carried interests as capital gains, rather than as ordinary income.

article highlighting the inequity of the tax treatment. It prompted lawmakers from both parties to try to close the so-called carried interest loophole. The on-again, off-again campaign has continued ever since.

Whenever legislation gathers momentum, the private equity industry — joined by real estate, venture capital and other sectors that rely on partnerships — has pumped up campaign contributions and dispatched top executives to Capitol Hill. One bill after another has died, generally without a vote.

One day in 2011, Gregg Polsky, then a professor of tax law at the University of North Carolina, received an out-of-the-blue email. It was from a lawyer for a former private equity executive. The executive had filed a whistle-blower claim with the I.R.S. alleging that their old firm was using illegal tactics to avoid taxes.

The whistle-blower wanted Mr. Polsky’s advice.

Mr. Polsky had previously served as the I.R.S.’s “professor in residence,” and in that role he had developed an expertise in how private equity firms’ vast profits were taxed. Back in academia, he had published a research paper detailing a little-known but pervasive industry tax-dodging technique.

$89 billion in private equity assets — as being “abusive” and a “thinly disguised way of paying the management company its quarterly paycheck.”

Apollo said in a statement that the company stopped using fee waivers in 2012 and is “not aware of any I.R.S. inquiries involving the firm’s use of fee waivers.”

floated the idea of cracking down on carried interest.

Private equity firms mobilized. Blackstone’s lobbying spending increased by nearly a third that year, to $8.5 million. (Matt Anderson, a Blackstone spokesman, said the company’s senior executives “are among the largest individual taxpayers in the country.” He wouldn’t disclose Mr. Schwarzman’s tax rate but said the firm never used fee waivers.)

Lawmakers got cold feet. The initiative fizzled.

In 2015, the Obama administration took a more modest approach. The Treasury Department issued regulations that barred certain types of especially aggressive fee waivers.

But by spelling that out, the new rules codified the legitimacy of fee waivers in general, which until that point many experts had viewed as abusive on their face.

So did his predecessor in the Obama administration, Timothy F. Geithner.

Inside the I.R.S. — which lost about one-third of its agents and officers from 2008 to 2018 — many viewed private equity’s webs of interlocking partnerships as designed to befuddle auditors and dodge taxes.

One I.R.S. agent complained that “income is pushed down so many tiers, you are never able to find out where the real problems or duplication of deductions exist,” according to a U.S. Government Accountability Office investigation of partnerships in 2014. Another agent said the purpose of large partnerships seemed to be making “it difficult to identify income sources and tax shelters.”

The Times reviewed 10 years of annual reports filed by the five largest publicly traded private equity firms. They contained no trace of the firms ever having to pay the I.R.S. extra money, and they referred to only minor audits that they said were unlikely to affect their finances.

Current and former I.R.S. officials said in interviews that such audits generally involved issues like firms’ accounting for travel costs, rather than major reckonings over their taxable profits. The officials said they were unaware of any recent significant audits of private equity firms.

For a while, it looked as if there would be an exception to this general rule: the I.R.S.’s reviews of the fee waivers spurred by the whistle-blower claims. But it soon became clear that the effort lacked teeth.

Kat Gregor, a tax lawyer at the law firm Ropes & Gray, said the I.R.S. had challenged fee waivers used by four of her clients, whom she wouldn’t identify. The auditors struck her as untrained in the thicket of tax laws governing partnerships.

“It’s the equivalent of picking someone who was used to conducting an interview in English and tell them to go do it in Spanish,” Ms. Gregor said.

The audits of her clients wrapped up in late 2019. None owed any money.

As a presidential candidate, Mr. Trump vowed to “eliminate the carried interest deduction, well-known deduction, and other special-interest loopholes that have been so good for Wall Street investors, and for people like me, but unfair to American workers.”

wanted to close the loophole, congressional Republicans resisted. Instead, they embraced a much milder measure: requiring private equity officials to hold their investments for at least three years before reaping preferential tax treatment on their carried interests. Steven Mnuchin, the Treasury secretary, who had previously run an investment partnership, signed off.

McKinsey, typically holds investments for more than five years. The measure, part of a $1.5 trillion package of tax cuts, was projected to generate $1 billion in revenue over a decade.

credited Mr. Mnuchin, hailing him as “an all-star.”

Mr. Fleischer, who a decade earlier had raised alarms about carried interest, said the measure “was structured by industry to appear to do something while affecting as few as possible.”

Months later, Mr. Callas joined the law and lobbying firm Steptoe & Johnson. The private equity giant Carlyle is one of his biggest clients.

It took the Treasury Department more than two years to propose rules spelling out the fine print of the 2017 law. The Treasury’s suggested language was strict. One proposal would have empowered I.R.S. auditors to more closely examine internal transactions that private equity firms might use to get around the law’s three-year holding period.

The industry, so happy with the tepid 2017 law, was up in arms over the tough rules the Treasury’s staff was now proposing. In a letter in October 2020, the American Investment Council, led by Drew Maloney, a former aide to Mr. Mnuchin, noted how private equity had invested in hundreds of companies during the coronavirus pandemic and said the Treasury’s overzealous approach would harm the industry.

The rules were the responsibility of Treasury’s top tax official, David Kautter. He previously was the national tax director at EY, formerly Ernst & Young, when the firm was marketing illegal tax shelters that led to a federal criminal investigation and a $123 million settlement. (Mr. Kautter has denied being involved with selling the shelters but has expressed regret about not speaking up about them.)

On his watch at Treasury, the rules under development began getting softer, including when it came to the three-year holding period.

Monte Jackel, a former I.R.S. attorney who worked on the original version of the proposed regulations.

Mr. Mnuchin, back in the private sector, is starting an investment fund that could benefit from his department’s weaker rules.

Even during the pandemic, the charmed march of private equity continued.

The top five publicly traded firms reported net profits last year of $8.6 billion. They paid their executives $8.3 billion. In addition to Mr. Schwarzman’s $610 million, the co-founders of KKR each made about $90 million, and Apollo’s Leon Black received $211 million, according to Equilar, an executive compensation consulting firm.

now advising clients on techniques to circumvent the three-year holding period.

The most popular is known as a “carry waiver.” It enables private equity managers to hold their carried interests for less than three years without paying higher tax rates. The technique is complicated, but it involves temporarily moving money into other investment vehicles. That provides the industry with greater flexibility to buy and sell things whenever it wants, without triggering a higher tax rate.

Private equity firms don’t broadcast this. But there are clues. In a recent presentation to a Pennsylvania retirement system by Hellman & Friedman, the California private equity giant included a string of disclaimers in small font. The last one flagged the firm’s use of carry waivers.

The Biden administration is negotiating its tax overhaul agenda with Republicans, who have aired advertisements attacking the proposal to increase the I.R.S.’s budget. The White House is already backing down from some of its most ambitious proposals.

Even if the agency’s budget were significantly expanded, veterans of the I.R.S. doubt it would make much difference when it comes to scrutinizing complex partnerships.

“If the I.R.S. started staffing up now, it would take them at least a decade to catch up,” Mr. Jackel said. “They don’t have enough I.R.S. agents with enough knowledge to know what they are looking at. They are so grossly overmatched it’s not funny.”

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United Airlines says rising travel demand will spare flight attendants, thousands of others from furlough this fall

United was the first commercial airline to fly the first FDA-authorized Covid vaccines to the U.S.

Source: United Airlines

United Airlines told more than 40,000 employees on Friday that their jobs are safe when federal Covid-19 aid for the sector expires this fall thanks to a rebound in travel demand.

The recovery in bookings, led largely by U.S. leisure travelers, has encouraged airlines, including United, American, Delta and Spirit, to set plans to resume hiring pilots.

“Given the increase in customer demand and our current outlook for the future, we’re excited to announce that we will not need to furlough flight attendants assigned to active, open Inflight bases again this fall when the current Payroll Support Program (PSP) funding ends on October 1,” wrote John Slater, senior vice president of inflight services, to United’s roughly 23,000 flight attendants. “This news provides great relief to many of our flying partners who were facing an uncertain future.”

Airport operations workers and customer service agents on Friday received similar memos, which were reviewed by CNBC, which said that United “will not furlough” them when the latest round of aid expires.

“With vaccination rates continuing to climb across the U.S. as the pace of infections decline, additional countries are reopening to vaccinated visitors,” said United in a statement. “Given the current outlook for the future of United, we continue to move closer to full frontline staffing levels to support our operation.”

United told storekeepers, who work with mechanics, that the airline expects to offer a “sufficient” number of permanent positions before the aid expires on Oct. 1.

“Making these positions available to you in the near-term will better allow you to make informed decisions and should help minimize unnecessary changes,” said the memo to that workgroup.

The airline is adding 480 flights this month.

Airlines received $54 billion in federal aid, mostly in the form of grants since the start of the coronavirus pandemic, in exchange for not cutting jobs or pay rates, though thousands of workers accepted buyouts or other voluntary time off at reduced or no pay to help airlines lower labor costs at the companies’ request.

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