Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, January 09, 2002 3:15 PM Interim Final Rule/Economic loss calculation Dear Mr. Feinberg: I believe there may be at least one significant inconsistency between the provisions of the economic loss calculations as set forth in section II(A) (1) and the precise language of the enabling statute. The guidelines apparently utilized by the Justice Department to calculate economic loss in Step One of the section referred to above state "This projected future income is adjusted to account for taxes that would have been paid. This calculation uses the effective state, federal and local income tax rates currently applicable in the state of the victim's domicile for tax purposes." Having evaluated, negotiated and litigated several thousand wrongful death cases in New York and many other jurisdictions over the last thirty years, I am aware that there are several jurisdictions that do not allow for the deduction of federal, state and local taxes from gross income in computing the net economic loss. New York, the last time I looked, is one such state. (See Woodling v. The Garrett Corporation, et. al., 813 F. 2d 543 (2nd Cir., 1987)) The legislation in question directs the Special Master to determine "economic loss" ...to the extent such loss is allowed under applicable law." Decided case law clearly indicates that "applicable law" is applicable state law, not federal law. If that latter phrase is interpreted to apply to the entirety of that paragraph, and the Congress could have been more specific if it were not to apply to the whole paragraph, then the statute requires that taxes not be deducted from gross earnings in determining net pecuniary loss in most of the cases in question. For a 30 year-old decedent, this tax deduction greatly reduces the available award. Individual Comment Chapel Hill, NC September 11 Email: Date The local time and date when the message was written. 2002-01-09 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001479.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-09