Bernard G. Palitz, long time lessor, passes away

Bernard G. Palitz, 88, a leading financier of commercial equipment, died of congestive heart failure on December 20, 2012 at his home in Manhattan, New York.

Mr. Palitz retired in 1996 as Chairman of Financial Federal Corporation, which he co-founded with his brother, the late Clarence Y. Palitz, Jr. Listed on the New York Stock Exchange, the company was acquired by People’s United Financial, Inc. in 2010.

In 1964, the Palitz brothers also started another public company, Commercial Alliance Corporation, which they ran until 1984, when it was sold to First Interstate Bancorp. “The company which grew to be one of the largest publicly owned independent middle-market equipment finance and leasing companies in the country. Palitz noted, ‘Commercial Alliance achieved increased earnings and outstandings for 21 consecutive years. In 1984, First Interstate Bancorp acquired the company, which then had approximately $775 million of gross receivables, for approximately $250 million in cash.’ Both companies financed equipment primarily used in the construction industry.”
http://www.thefreelibrary.com/Bernard+G.+Palitz+to+step+

He and his brother began their business careers working with their father for Credit America Corporation, a pioneer in the equipment finance field, which was sold to James Talcott, Inc. in 1958.

Mr. Palitz was an active patron of the arts, sponsoring the recent Frans Hals and Vermeer and The Milkmaid exhibitions at the Metropolitan Museum of Art held in 2009 and 2011. At Syracuse University's Lubin House on East 61st Street, he endowed the Palitz Gallery, sponsoring many art exhibitions there, including Michelangelo: The Man and the Myth in 2008. In addition to endowing the Palitz Gallery at the Addison Gallery in Andover, Massachusetts, he also funded the Palitz Lecture Series at the neighboring Phillips Academy, which has featured lectures by Nobel laureate Paul Samuelson, Pulitzer Prize-winning author Jared Diamond, columnist David Brooks of the New York Times, among others.

After attending the Ethical Culture and Fieldston Schools in New York, Mr. Palitz graduated in 1942 from Phillips Academy in Andover, Massachusetts, where he won various scholastic prizes and swam and ran track on the school’s varsity teams.

After Andover, he attended the Massachusetts Institute of Technology, from which he graduated in 1947 with highest honors, having been elected to Tau Beta Phi, the engineering honors society.

His college years were interrupted by World War II. In the fall of 1944 and the following winter, Mr. Palitz served in the U.S. Army as an infantryman on the front lines in France and in Germany. His job was carrying boxes of ammunition for machine guns. Seriously wounded in action, he rarely spoke about his experiences in the war.

Mr. Palitz was a Trustee of the Worcester Museum, the Addison Gallery at Phillips Academy, and was a member of MIT’s Council for the Arts. He was also a benefactor of the schools he attended, as well as Syracuse University, Rockefeller University, and Haverford College, where he served on the college's Board of Managers.

The eldest child of Clarence Y. and Ruth K. Palitz of New York City, Mr. Palitz was 88. His wife, Louise Beringer Palitz, to whom he was married for 61 years, survives him, as well as his children Anne Bucala and Gregory Palitz

Mr. Palitz is also survived by his son-in-law, Dr. Richard Bucala, a daughter-in-law, Susan Kane, and five grandchildren, Sam, Ben and Emma Palitz, and Nicole and Paul Bucala.

No funeral services are planned. Donations in memory of Bernard Palitz can be made to the Trustees of Columbia University, c/o Dr. Donna Mancini, Medical Director of The Center for Advanced Cardiac Care and the Choudhrie Professor of Medicine, Columbia University Medical Center, 622 West 168th Street, 12th Floor, New York, NY 10032.

 

 

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Archives: December 24, 2008
Confirmed: Pentech/Navigator Winding Down

"Pentech has been forced to continue layoffs in non-essential areas. Senior management, managers, and key accounting, legal, HR, etc. are still working toward some form of recovery.

“Never a Merry Christmas when you have to lay-off hard working employees. This is killing Ben (Millerbis, CEO and Founder) – he has always been very employee oriented. Not only is the number of employees affected difficult, but, obviously, the timing could not have been worse."

Brad Brisbin
Vice President - Sales and Marketing

The email printed confirms an earlier story:

(Edited for Length)

Readers called Leasing News that they were informed Pentech was closing down.

Looks like Ben Millerbis, CLP, President & CEO of Pentech Financial, did not return with good news from the East Coast. He met with the “powers that may be” at Wachovia and Wells Fargo. His problem, his main bank Wachovia went under and was purchased by Wells Fargo, who looked at the what they acquired and evidently Pentech did not “fit in.” Talk was the loss ratio was too high.

Salesmen were automatically sent notices on their payday of December 16th with information if any changes, they certainly would be back. There has been no funding now for almost a month of leasing transactions.

It appears the company of 85 employees will be cut back to a winding down operation. Doesn’t look like a Merry Christmas. The Navigator program basically accepts the “rejects” of US Bank Manifest, so they could not get involved. Navigator status is unknown.

Wagner has personally been through many “close down” of leasing companies, the last being Commerce Security Bank Leasing in Sacramento, California. Millerbis who was been with Bob Jacobson, III, at Tri-Continental Financial, Mountain View, California (now selling time shares in Hawaii), in 1978 formed Pentek Financial, San Jose, California, which he sold in Alaska Pacific Bancorporation in 1982. He was also founding director of Silicon Valley Bank, Santa Clara, California. With the backing of the late John Otto of Heritage Leasing fame, he started Pentech Financial.

1988 WAEL President-elect Ben Millerbis (right) of Pentech Financial Services receives the traditional letter of advice from 1987 President Joe Woodley, Westover Financial, during passing of the gavel at WAEL Elections & Awards Meeting at Hawaii Conference

The third set of Certified Lease Professionals was granted final approval and received plaques commemorating the designation at the Fall Conference in Hawaii. New CLPs recognized by WAEL President Joe Woodley (left) were from left: Michael Walsh, Atlantic Financial Savings Bank; Ron Wagner, Heritage Leasing Capital; Brian Pindell, Commercial Equipment Lease Corp.; Ben Millerbis, Pentech Financial Services; Peter Eaton, First National Leasing Corp.; Duane Russell, Atlantic Financial Savings Bank. Not shown was Robert Ackerly, Chase Manhattan Leasing.

 

Classified Ads---Asset Management/Collections

(These ads are “free” to those seeking employment or looking
to improve their position)

San Francisco, CA Ten years experience setting residuals, negotiating leases and remarketing equipment across a broad spectrum of large ticket asset types including marine, intermodal, mining, energy, manufacturing. geoffwalshe@yahoo.com

Long Grove, Illinois 17+ years Comdisco, accounts receivable, collections, customer service, plus senior management, seeking full time or part time assignment. 847-359-4066roborgaard@aol.com | Resume

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Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

John Kenny Receivables Management www.jrkrmdirect.com • End of Lease Negotiations & Enforcement • Fraud Investigation • Credit Investigations • Asset Searches • Skip-tracing • Third-party Commercial Collections The Solution to Your Credit & Accounts Receivable Needs  John Kenny 315-866-1167 |  John@jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

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Salvation Army Kettle—Please Help
---We are close to making our goal

 

(please click kettle for more information)

 

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ELFA-MFI-25 November Doesn’t Say “Merry Christmas”

The trend up-ward hit a bump in November, going down 16% from the previous month, according to the Equipment Leasing and Finance Association’s (ELFA) Monthly Leasing and Finance Index (MLFI-25) released on Wednesday.

MLFI-25 NEW BUSINESS VOLUME (YEAR OVER YEAR COMPARISON)
click to make larger

Separately, the Equipment Leasing & Finance Foundation's Monthly Confidence Index (MCI-EFI) for December is 48.5, a decrease from the November index of 49.9.

Tony Golobic, Chairman and CEO, GreatAmerica Financial Services, said, “For much of the year, we at GreatAmerica Financial Services had experienced a solid increase in our overall commercial equipment lease volume from throughout the country; however, as we edged our way into the fourth quarter we began to feel the effects of the lack of clarity in Washington regarding the budget deficit.

"Without question, concerns about the ballooning budget deficit and the resulting lack of tax clarity are causing indecision related to new capital expenditures within the business community. While cautiously optimistic with respect to the underlying economy, we certainly need to have greater clarity on the new tax structure and where the spending cuts will be positioned.

"To the extent there is some business-friendly clarity, I believe we will see a return to the type of growth we had seen earlier in the year.”

GreatAmerica Financial Services is one of the many companies who recently have changed their name, moving away from a leasing company to "financial services." According to Fitch as well as other reports, the company has been having a very successful year.

Paul Menzel, President & CEO, Financial Pacific Leasing, LLC:
“Our leasing industry is in fine shape. However, the weak economy will continue to frustrate the growth aspirations of lessees and lessors until and unless our country gets its fiscal house in order.”

Russell Nelson, President, CoBank Farm Credit Leasing:
“Regardless of actions or no action by Congress to address the fiscal cliff and extension of the Bush tax cuts, the equipment finance industry will be proactive in offering creative, innovative and reliable products and structures to retain its market share of financing needs, and remain an integral part of available finance solutions to all customers.”

Valerie Hayes Jester, President, Brandywine Capital Associates:
“I am optimistic about the future of the equipment finance industry. We continue to provide capital to the commercial markets and to fill many gaps in the traditional 'bank' driven lending process."

One factor for the financial and industrial community as well as other non-retail business, Christmas falling on a Tuesday followed also by New Year’s on a Tuesday show long weekends and holidays being taken with the push for year-end numbers being tempered.

Retail sales, particularly on line, should break all records.

The chart above has been showing a boom in December, and if it continues, the 4th quarter should succeed the previous year and continue an up-ward trend. Generally there are end of year operating leases signed, such as ADP, and among others the push to show a better year than last will go forward.

Unfortunately November not only saw a downward trend in new business from the group, but other indicator were not favorable either.

Aging of Receivables:

click to make larger

Receivables over 30 days increased for the first time in six months to 2.0 percent, up from 1.7 percent in October, and they were unchanged when compared to the same period in 2011.

Average Losses (Charge-offs) as a % of net receivables
(Year Over Year Comparison)

click image to make larger

Charge-offs were up from the previous month at 0.5 percent, and down by 28.6 percent compared to the same period last year.

Credit Approval Ratios As % of all Decisions Submitted
(Year Over Year Comparison)

click image to make larger

Credit approvals totaled 77.0 percent in November, down from 79.5 percent in October. Forty-six percent of participating organizations reported submitting more transactions for approval during November, down from 66 percent the previous month.

Total Number of Employees
(Year Over Year Comparison)

click image to make larger 

Total headcount for equipment finance companies was down 1 percent from the previous month, and declined 2 percent year over year, better than what ZRG Partners were seeing in the United States. Europe, Mexico, parts of South America were doing worse.

The gridlock by the House of Representatives seems not to be getting better, but worse. Will a new Congress change things?

ELFA MLFI-25 Participants

ADP Credit
BancorpSouth Equipment Finance
Bank of America
Bank of the West
BB&T Bank
BMO Harris Equipment Finance
Canon Financial Services
Caterpillar Financial Services
CIT
De Lage Landen Financial Services
Dell Financial Services
Direct Capital Corporation
EverBank Commercial Finance
Fifth Third Equipment Finance
First American Equipment Finance, a City National Bank Company
GreatAmerica Financial Services
Hitachi Credit America
HP Financial Services
Huntington Equipment Finance
John Deere Financial
Key Equipment Finance
M&T Bank
Marlin Leasing
Merchants Capital
PNC Equipment Finance
RBS Asset Finance
SG Equipment Finance
Siemens Financial Services
Stearns Bank
SunTrust
Susquehanna Commercial Finance
US Bancorp Equipment Finance
Verizon Capital
Volvo Financial Services
Wells Fargo Equipment Finance

 

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Inside Patrick “Evergreen” Byrne’s Brain at Balboa Capital

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Leasing Company for P.O.S. Machines
--- Escapes Two Class Actions

By Tom McCurnin
Barton, Klugman & Oetting

New York Courts Throws Much Maligned MBF Leasing a Bone
in Dismissing Class Action Allegations

Gagasoules v. MBF Leasing LLC, 2012 WL 4574957 (E.D.N.Y. 2012)

Teauge v. Lease Finance Group cv 08125 (S.D.N.Y. 2012)

“Northern Leasing Systems is a New York City-based equipment finance company specializing in the origination and servicing of micro-ticket leases. As the market leader in micro-ticket leasing, we have originated over 500,000 equipment leases since our founding in 1991…

“Our equipment leases are primarily for Point-of Sale (POS) terminals. These terminals are used by retail and service merchants to communicate VISA, MasterCard, AMEX, Discover, and other credit/debit card purchases to a bank that processes credit cards.” http://northernleasing.com/company.aspx

Northern Leasing and its related companies like MBF Leasing and Lease Finance Group couldn’t get a break. The Internet is filled with page after page of supposed rip offs, and last year, the New York Attorney General’s Office sued Northern Leasing for fraud involving unauthorized ACH debits.

http://www.ag.ny.gov/press-release/ag-schneiderman-sues-business-equipment-company-ripping-35-million-former-customers

Leasing News wrote about the lawsuit and other problems with a response from Northern Leasing: http://leasingnews.org/archives/Apr2012/4_27.htm#responds

And on July 20, 2012 the NY Supreme Court ruled in favor of Northern Leasing Systems. http://leasingnews.org/archives/Jul2012/7_20.htm#supreme

A similar case earlier was also dismissed: http://www.leasingnews.org/archives/May%202008/05-09-08.htm#north

This article will discuss two new cases:

Northern Leasing and its umbrella of companies have been much maligned in the press and over the internet. The Plaintiff lessee here was no exception and charged that MBF altered leases, filled in blanks, changed lease terms and other acts, resulting in a class action lawsuit filed in 2009 in Gagasoules v. MBF Leasing and another class action filed in 2011 Teauge v. Lease Finance Group, filed by the same attorneys. Both cases were thrown out, for different reasons.

Gagasoules v. MBF Leasing LLC

The docket of this case reads like a dime store novel, with each side claiming the other did horrible things. The Plaintiffs, even after three years in litigation never bothered to attempt to certify a class, and after multiple motions to dismiss, the case was whittled down to a single class action claim under The Class Action Fairness Act (“CAFA”).

Plaintiff was in the midst of amending its claims, when suddenly Plaintiff reversed course, dismissed the class action claims, and wanted to proceed against MBF on the lessee’s individual, as opposed to class action, claims. The issue before the court was that since one of the Plaintiffs, Gus Gagasoules, was a resident of New York, and MBF was a New York corporation, there was no Federal Jurisdiction, since his claims were under $75,000 and both Plaintiff and Defendant were citizens of the same State (lack of diversity).

Plaintiffs wanted the Court to retain jurisdiction to prosecute the individual case. MBF wanted the Court to dismiss the action because the Court lacked jurisdiction. However, MBF moved for sanctions against the Plaintiff’s counsel.

At the outset, the Court noted that there was no jurisdiction over the claims against MBF, but since jurisdiction did exist at the outset, the case could ordinarily survive. However, since the Plaintiffs never bothered to certify the class and basically bungled the case, the Court was inclined to dismiss the case. The only issue was whether Plaintiffs would be tagged with MBF’s attorney fees.

Two of the class action Plaintiffs played serious games to avoid being deposed, resulting in an order that they appear and be deposed.

Undeterred, the pair sought dismissal. I found it amusing that the two sets of lawyers engaged in a one year legal battle over the deposition location. It would have been cheaper to fly the pair to New York with a first class airline ticket and a luxury suite at the Ritz. But egos in litigation often get carried away.

Ultimately, the Court found that attorney fees in connection with this proceeding were justified. All other requests for sanction were denied. The case was dismissed, ending a three year battle.

Teauge v. Lease Finance Group

This case looked and felt more like a real class action case, but the Plaintiffs ran into a big legal problem—the leases and alleged conduct of MBF had no uniformity. The allegations were:

• MBF Leased Machines Worth $2,000 or Less and Charged $9,000 In Lease Payments. They were basically sold as if being rented from a rental yard, or like the old days when you could not buy a telephone, only rent from the telephone company; some the same telephone for twenty-to-twenty five years.

• The MBF Leases Were Unconscionable. The leases in question were widely varied in length and content, and in some cases were initialed by some lessees on every page and others were not. Other leases had an “opt out” provision where if the lessee thought the deal was bad, could cancel it. The Court had a hard time certifying a class on these widely varied contracts. The fact is different salesmen, mostly brokers or independent contractors, handled the contracts (and promises) differently.

• The MBF Leases Charged Lessees a $25 Property Tax “Fee.” This was the subject of the prior suit, and it appears that although some, but not all, of the contracts required this fee, it was not universally enforced. Certain states have no personal property tax and in some cases, the lessor pays and some the lessee. Again, the Court had a hard time certifying a class without uniform facts.

• The MBF Lease Had an Insurance Non-Compliance Fee. Again, some of the leases had provisions which, in the event of the lessee failing to provide insurance, triggered a loss damage waiver fee of $4.95 a month. Other leases did not have that provision. Again, the Court had a hard time certifying this class without uniformity.

Consequently, this class action case was thrown out. The individual claims, if any, could still be prosecuted. Ultimately, it was the lack of uniformity in contracts and conduct which doomed these two class actions. The result might have been different if there was a single lease in a State with a licensing provision or usury law.

There appears to be a lot of costs in defending these small ticket lawsuits based on the fact that the lessee does not fully understand the terms of the lease Indeed, many of the lessees do not bother even reading the contract. While I understand the allegation that the salesman said one thing and the contract said another, that contention doesn’t have very long legs.

Consequently, this class action case was thrown out. The individual claims, if any, could still be prosecuted. Ultimately, it was the lack of uniformity in contracts and conduct which doomed these two class actions. The result might have been different if there was a single lease in a State with a licensing provision or usury law.

It should also be noted that Northern Systems Leasing does mini-leases of other equipment, and also has the opportunity to participate in the fees of processing the credit cards, perhaps the real profit in the transactions.

The lessons for equipment lessors are probably obvious here:

First, it seems to me that more and more business (airlines, car rental agencies and leasing companies) rely upon fee income as a substantial part of their revenue. This is not per se a bad practice, but the fees have to bear some relationship to the actual cost of the service, whether it is insurance, property tax, late fees, or default letters. While some courts may uphold these practices, other courts may not, resulting in the risk of suits likes these.

Second, this kind of money is expensive. It still amazes me that people blindly sign leases like these, without doing the mathematics.

Third, as lease friendly as New York may be, I’m not so sure this result would be the same in a rural part of California. Again, the lessor needs to gauge its appetite for risk. Choice of law provisions are nice, but I’ve seen them swept away at the hands of local paternalistic judges.

Fourth, thank God for lazy class action lawyers, Federal Judges, and competent defense counsel. MBF got a nice Christmas present.

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

Lease Finance Groups:
http://www.leasingnews.org/PDF/MBFOpinion.pdf

Westlaw on Case:
http://www.leasingnews.org/PDF/MBFWestlaw.pdf

 

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Fax: (213) 625-1832
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

Don't forget to bookmark us! (CTRL-D)

 

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Submitting to a Web Site
Career Crossroad---By Emily Fitzpatrick/RII

Question: What is the best way to submit my information via a company website (blind submittal)?

Answer: Note that not every company use scanning technology. Small and midsize firms still employ the human touch and many companies with internet presence and online database prefer to receive resumes by email.

Also the size of the company may not determine how your submittal is being first approached. Technology has expanded and quickened the methods that companies use to receive, store and retrieve resumes. Many companies scan resumes in their computers, retrieving resumes for a specific position by searching for key words. Certain scanning procedures capture text only … facilitate the process by making sure your resume is simple, printed on white paper and contains no italics, bold, underlining, boxes, shading or graphics.

The goal is to get your resume of the database and into the hands of the hiring manager / decision maker. To make sure this occurs, you must choose the right key words to describe your experience and educational background.

Again, make sure your resume is correctly formatted—KISS---If not, your resume will scan poorly or not at all.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
emily@riirecruit.com
Invite me to Connect on LinkedIn
www.linkedin.com/pub/emily-fitzpatrick/4/671/76
Also follow us on Twitter #RIIINFO

Happy Holidays from RII

Career Crossroads Previous Columns
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html

 

 

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Leasing Industry Help Wanted

Business Development Officer Baltimore-Washington DC Area Should have existing client base.  Work from corporate office as required. Salary plus commission structure, benefits, expense plan. Email:Alevine@madisoncapital.com or npistorio@madisoncapital.com www.madisoncapital.com 35 years equipment & vehicle financing full service direct funder for small to mid-ticket transactions, with syndication abilities for large ticket.

Credit Coordinator 11620 Wilshire Blvd Los Angeles, CA 90025 Liaison between the Brokers/Clients and Maxim Credit Underwriters during the underwriting process. Coordinator will be responsible for managing the process of each transaction through our CRM and workflow management software. Click here for more information www.maximcc.com Founded 2008, Maxim Commercial Capital, LLC is a nationwide funding source for Equipment and Real Estate secured commercial transactions.

 

 

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Leasing 102
by Mr. Terry Winders, CLP

Nonprofit vs. Municipal vs. Federal

I have been asked to explain the difference between leasing to a Municipal lessee, a Non-for Profit lessee, and a Federal lessee.

Municipal

Leases to governmental bodies that are political subdivisions and have taxing authority are called Municipal leases and the lessor’s margin is tax free if certain rules are adhered to. Such as; the equipment must be for “essential use “ that means the equipment is paid for by tax revenues and not by ticket admissions, grants, patient revenues, or other funds not connected to taxes.

The transaction must contain a “Non Appropriation Clause”. This allows the municipality to return the equipment at the end of “their’ fiscal year if no funds have been appropriated for this equipment the next fiscal year. Therefore, you need to understand when their year ends not when the end of your first 12 payments has been made.

Most municipal leases should carry a clause that restricts the return of the equipment if it is replaced by equipment that serves the same purpose. Some lessors have been caught with this clause when the municipality did not replace the equipment but instead hired an outside contractor to perform the service. This has caused a change in lease documentation to also restrict returning the equipment based on the service to the public.

The transaction must show that the municipality will retain ownership at lease termination. This is usually handled by a mandatory low value purchase requirement that can easily called a bargain such as $1 or an automatic title or ownership transfer .

Municipal lease documentation is different and requires the proper authority to approve it and the correct person designated to sign. This requires an incumbency certificate and a lessee’s attorney’s option to make sure all the required approvals have been met and the signer has the authority to sign.

Non Profit

A Non Profit is a 501-C company that operates with no intention to make a profit therefore no reduction of taxable income by the lessor can come from capital recovery benefits most commonly called MASRS depreciation.

The income from leasing to a non-for profit is taxable even though you are not allowed to depreciate the equipment. Therefore there is no attempt to follow federal tax law requirements and defined purchase options are acceptable unless you are trying to make it a legal lease. No defined purchase options are allowed for legal (Article 2A) unless it can be proven that the purchase option is the future fair market value in exchange.

Non- for profits generally are subject to very defined budgets and leasing that can provide large residuals with a PUT to protect the lessor and provide a rental payment that meets the budgetary requirements is popular.

Federal

A Federal lease is a very difficult lease and should only be handled by someone who understands the red tape and has the proper documentation. Federal leases are allowed to return the equipment and the end of their fiscal year with no restrictions from the lessor.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at leaseconsulting@msn.com or 502-649-0448

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

 

Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale. Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame. 502.649.0448/Leaseconsulting@msn.com

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)

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Franchise Business in 2013 Report

 

The International Franchise Association Foundation forecasts:

• The number of franchise establishments in the United States will increase by 1.4 percent in 2013, just short of the 1.5 percent growth in 2012, from 746,828 to 757,055 (an increase of 10,227).

• The number of jobs in franchise establishments will increase 2.0 percent in 2013 (following a gain of 2.1 percent in 2012) from 8.1 million to 8.262 million (an increase of 162,000).

• The output of franchise establishments in nominal dollars in 2013 will increase 4.3 percent (following a 4.9 percent increase in 2012) from $769 billion to $802 billion (an increase of $33 billion).

• The gross domestic product (GDP) of the franchise sector is projected to increase 4.1 percent in 2013 (following a 4.6 percent increase in 2012) from $454 billion to $472 billion (an increase of $18 billion). This is approximately 3.4 percent of U.S. GDP in nominal dollars.

"While we are pleased the industry continues growing at faster rates than other sectors of the economy, we could be growing much faster, creating more new jobs and businesses, if Washington addressed the tax, spending and regulatory uncertainty plaguing the small business community in a meaningful way," said IFA President & CEO Steve Caldeira.

"Franchise businesses emerged from the recession stronger due to the strength of the franchise business model and the strong support of franchisors working with franchisees to sustain profitability. Franchise businesses are now poised to accelerate growth plans, but industry leaders say the lack of confidence in our leaders in Washington to address the fundamental challenges facing our economy is keeping them and prospective investors on the sidelines."

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Leasing News’ Top Stories Dec. 17---December 21

(What you may have missed)

Here are the top ten stories opened by readers

(1) Enbom Joins BluePath Finance LCC
New Company Formed
http://leasingnews.org/archives/Dec2012/12_17.htm#bluepathRaeder and

(2) GE Leasing--Evergreen Clause
Bulletin Board Complaint
http://leasingnews.org/archives/Dec2012/12_21.htm#bbc

(3) GE Closes Another Office!
http://leasingnews.org/archives/Dec2012/12_19.htm#ge

(4) Zuckerman Sentenced
—Next Arik & McQuitty
http://leasingnews.org/archives/Dec2012/12_19.htm#raeder

(5) Archives: December 17, 2007
Balboa Capital, Irvine, California—Broker Division
by Christopher Menkin
http://leasingnews.org/archives/Dec2012/12_17.htm#archives

(6) Archives: December 19, 2007
Final CyberNet player gets prison too
http://leasingnews.org/archives/Dec2012/12_19.htm#ads_legal

(7) Leasing 102 by Mr. Terry Winders, CLP
Variable Rate Leasing on Its Way Back?
http://leasingnews.org/archives/Dec2012/12_17.htm#variable

(8) Two Leasing Companies Join “Broker/Lessor” List “A”
Abba Leasing/Everlasting Capital Corp.
http://leasingnews.org/archives/Dec2012/12_19.htm#list

(Tied) (9) Other “Operation Lease Fleece” Sentences
(To Compare with leader James “Jim” Raeder)
http://leasingnews.org/archives/Dec2012/12_19.htm#sentences

(Tied) (9) What Jews Do on Christmas
http://leasingnews.org/archives/Dec2012/12_21.htm#jews

(10) New Hires---Promotions
http://leasingnews.org/archives/Dec2012/12_21.htm#hires

Not Counted for Technical Reasons:
Extra: Jim Raeder Sentenced
http://leasingnews.org/Pages/raeder_sentenced.html

 

Why Choose Advanced Property Tax Compliance?

Dedicated to the leasing industry click here to learn more.  Hear What Our Clients say about us  click here Gary DiLillo, President 440.871.0555 or gary@avptc.com

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#### Press Release #############################

Hitachi Capital Canada Official Launch “A Night to Remember”

Toronto, Canada – – Hitachi Capital Canada Corp (HCC) celebrated the launch of their Canadian business platform in grand style at the Ritz-Carlton Toronto on December 13, 2012. Hitachi Capital America (HCA) celebrated the conclusion of an extensive project to establish a Canadian subsidiary capable of meeting the same high business standards that have won HCA numerous awards for exemplary service and support. The upscale cocktail reception was attended by corporate executives, numerous Canadian truck dealers and manufacturing partners from Canada, Japan and the United States

Kazuya Miura, President and CEO of Hitachi Capital Corporation, Tokyo, Japan, spoke to the attendees and expressed his appreciation to Canadian customers who have requested that Hitachi enter the market to support similar programs to those being offered in the United States.

“Our expansion into Canada is consistent with our desire to meet the expectations of existing and new customers around the world”, said William H. Besgen, President of HCA and also President and CEO of HCC. “We are excited by the opportunity to earn business from Canadian accounts and look forward to a long and prosperous Canadian presence.”

The event was also an opportunity for Robert C. Otto, Senior Vice President and General Manager of HCA and HCC, to introduce Michael Bishop as the new HCC Regional Sales Manager, responsible for all HCC sales and marketing initiatives, working in conjunction with CLE Leasing (CLE) headquartered in Trois-Rivieres, Quebec and Burlington, Ontario. CLE is HCC’s business partner who will be administering the servicing component of Hitachi’s Canadian business activity. CLE was selected by Hitachi Capital after an extensive search was performed to find a strong servicing partner with capabilities that would meet the service expectations of Hitachi’s clientele.

The evening will be long remembered by those in attendance for the commitments expressed by Hitachi to earn business from the Canadian market by providing superior service and support to Canadian customers and business partners.

About Hitachi Capital America Corp. Hitachi Capital America Corp. (HCA) was incorporated in October 1989 and commenced business operations in April 1990. An independent, diversified leasing and financial services company headquartered in Norwalk, CT. HCA provides financing to Hitachi group companies and the commercial business sector of the United States and are wholly owned by Hitachi Capital Corporation, Tokyo, Japan. HCA’s parent was founded in 1957 as a subsidiary of Hitachi Ltd., and has become one of the leading financial institutions in Japan. Through Hitachi’s sister companies located in the United Kingdom, Canada, Singapore, Hong Kong, Thailand, Malaysia, Indonesia and China, Hitachi Capital has established a presence in the global market place to better serve their customers and Hitachi group companies worldwide. To learn more about the company, visit www.hitachicapitalamerica.com

##### Press Release ############################

 

German Shepherd Dog / Mixed (medium coat)
Martinez, California Adopt-a-Dog

Solstice (don't know original name)

Listed December 22, 2012
Age: 1 yrs.
Gender: Male
Weight: Not Specified
Adult Size: Less than 10 lbs.
Fixed: No
Shots: No

Animal Services of Contra Costa County
4800 Imhoff Place
Martinez, CA 94553
Phone:(925) 335-8300
asdweb@asd.cccounty.us
Adoption fee, dog $10
Adoption Fees
Dog, male, neuter deposit or surgery fee $45-85
Microchip fee, dog or cat $20

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet

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Channel Partners Wishes You a Very Merry Christmas

News Briefs----

2013 Yearly Outlook on trends in the banking industry
http://www.leasingnews.org/PDF/BankingTrends2013.pdf

Digital News Media Outpacing Newspaper Print in Ads
http://www.theatlantic.com/business/archive/2012/12/the-scariest-thing-about-the-newspaper-business-isnt-prints-decline-its-digitals-growth/266482/?goback=%2Egde_3556538_member_198007741

No Sales Pop for a New Version of Windows
http://www.nytimes.com/2012/12/24/technology/tepid-sales-of-microsofts-windows-8-point-to-shaky-market.html?ref=business

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

[headlines]
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Price of milk could double soon
http://www.upi.com/Business_News/2012/12/22/Price-of-milk-could-double-soon/UPI-58741356196342/

[headlines]
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SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

Eat Breakfast to Lose Weight
http://www.sparkpeople.com/resource/nutrition_articles.asp?id=273

[headlines]
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Sports Briefs----

 

Atlanta Falcons: Matt Ryan leads victory over Lions for NFC’s top seed
http://blogs.ajc.com/atlanta-falcons-blog/2012/12/22/atlanta-falcons-matt-ryan-leads-victory-over-lions-for-nfcs-top-seed/

NY Giants drop critical game vs. Baltimore Ravens
http://www.nydailynews.com/sports/football/giants/ravens-clinch-afc-north-title-put-giants-season-brink-article-1.1226377

San Francisco 49ers' flaws exposed in humbling loss in Seattle
http://www.contracostatimes.com/breaking-news/ci_22252403/kawakami-san-francisco-49ers-flaws-exposed-humbling-loss
http://blog.sfgate.com/49ers/2012/12/23/shellacked-in-seattle-seahawks-rout-49ers-42-13/

Cowboys lose in overtime 34-31
http://cowboysblog.dallasnews.com/2012/12/analysis-tony-romo-and-dez-bryant-shine-again-but-its-still-not-enough-dont-put-too-much-blame-on-rob-ryan.html/

For Chargers, too late even for what-ifs
http://www.utsandiego.com/news/2012/dec/23/acee-too-late-even-what-ifs/

Oakland Raiders lose to Carolina Panthers 17-6
http://www.contracostatimes.com/raiders/ci_22250758/oakland-raiders-lose-carolina-panthers-17-6

NFL Wrap Up
http://www.usatoday.com/sports/nfl/

[headlines]
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American Football Poem

“Every Good Boy Does Fine”

I practiced my cornet in a cold garage
Where I could blast it till the oil in drums
Boomed back; tossed free throws till I couldn't move my thumbs;
Sprinted through tires, tackling a headless dummy.

In my first contest, playing a wobbly solo,
I blew up in the coda, alone on stage,
And twisting like my hand-tied necktie, saw the judge
Letting my silence dwindle down his scale.

At my first basketball game, gangling away from home
A hundred miles by bus to a dressing room,
Under the showering voice of the coach, I stood in a towel,
Having forgotten shoes, socks, uniform.

In my first football game, the first play under the lights
I intercepted a pass. For seventy yards, I ran
Through music and squeals, surging, lifting my cleats,
Only to be brought down by the safety man.

I took my second chances with less care, but in dreams
I saw the bald judge slumped in the front row,
The coach and team at the doorway, the safety man
Galloping loud at my heels. They watch me now.

You who have always homed your way through passages,
Sat safe on the bench while some came naked to court,
Slipped out of arms to win in the long run,
Consider this poem a failure, sprawling flat on a page

David Wagoner's “Traveling Light :From Collected Poems, 1956-1976

When my kids were growing up, I only had a few rules about participating in different activities: if you started something you had to finish it; if you played you had to do your best; and, you could always quit at the end of the season if you wanted to, it was your choice, not mine. As a result, they both seem to have grown up more confident than I ever was and are both willing to risk many things I never would.

All of us are probably haunted by our failures, but the real failures are those who are afraid to take the chances to do what they really want to do. There's no reason to play football, or participate in one particular activity, but it's a mistake not to play football or participate in a play simply because you're afraid you will fail. Failure is less destructive than not giving life a chance.

Needless to say, I don't consider this poem a failure.

    loren

 

[headlines]
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California Nuts Briefs---

 

Expect 'liquid snow' this Cali Christmas
http://www.sfgate.com/bayarea/article/Expect-liquid-snow-this-Cali-Christmas-4142214.php

[headlines]
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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Concrete wine tanks growing in popularity

Jackson wines buying 877 acres for vineyards in Mendocino County

Wineries to watch in 2013

Top 50 Most Powerful Women in Wine

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

 

. . But I heard him exclaim, ere he drove out of sight,
"Happy Christmas to all, and to all a good-night!"

Clement C. Moore, "A Visit from St. Nicholas"

http://memory.loc.gov/ammem/today/dec24.html

Christmas Eve, traditionally one present is exchanged in the evening in many Christian countries. Often all gift giving is done this evening with Church service the next day; however, in the United States, many of the Christian faith attend late evening or midnight mass. Easter is considered the major event, but the most popular of Christian observance is Christmas as a Feast of the Nativity, dating from the 4th century. Although Jesus' birth date is not known, the Western church selected December 25 for the feast, possible to counteract the non-Christian festivals of that approximate date. Many customs from non-Christian festivals ( Roman Saturnalia, Mithraic sun's birthday, Teutonic yule, Druidic and other winter solstice rites ) have been adopted as part of the Christmas celebration ( lights, mistletoe, holly and ivy, holiday tree, wassailing and gift-giving, for example ). Some Orthodox Churches celebrate Christmas on January 7th based on the “old calendar (Julian ). Theophany ( recognition of the divinity of Jesus) is observed on this date and also on January 6th , especially by the Eastern Orthodox Church, considered by history as the first organized Christian church.
http://ocf.org/OrthodoxPage/intro.html
http://www.oca.org/pages/orth_chri/Orthodox-Faith/Doctrine/Revelation.html
    1784- the first Methodist bishop was Francis Asbury, who was appointed in 1784 by Thomas Coke, to whom the title really belonged. they were known as the joint bishops of the Church in North America. Bishop Asbury was elected by the first General Conference called the Christmas Conference, which met this date in 1984 in the Light Street church, Baltimore, MD.
    1809- Christopher “Kit” Carson birthday. American frontiersman, solider, trapper, guide and Indian agent best known as Kit Carson. Born at Madison County, KY. My father Lawrence Menkin was writing the “Kit Carson” radio series, so when I was born, I received this name. My parents always called me “Kit.”
    1814 - The War of 1812 between America and Britain ended with the signing of the Treaty of Ghent.
    1818-- Germany's Franz Gruber composes a melody to words written by Austrian priest Josef Mohr, creating the standard "Silent Night." The song is debuted tonight at Midnight Mass in Gruber's hometown of Obendorf.1989 listing is out of order, please correct.
    1826- the Presbytery of Philadelphia voted to chastise two congregations which had allowed an "itinerant female" to preach in their churches, the first recorded instance of American Presbyterian judicatory vote on the role of women in the church.
    1832- the first hospital and asylum of African-Americans founded by whites was chartered in Savannah, GA, as the Georgia Infirmary for the Relief and Protection of Aged and Afflicted Negroes. The organizational meeting was held at the Exchange on January 15, 1833, and the first president was Richard F. Williams.
    1849--Fire destroys most of San Francisco. It broke out at Dennison's Exchange on the east side of Kearny between Clay and Jackson Streets. Fire spread to surrounding buildings before the bucket brigade could be formed. Fifty buildings were destroyed, and the first cause $1.5 million in damage (1849 money). The was known as the first Great fire. Mayor-elect Geary organized the crowd which pulled down buildings with ropes to stop the fire. Edward Edgerton was killed while fight the conflagration, it was reported. the next day Frederick D. Kohler and David C. Broderick called a meeting on Christmas Day of citizens who had been firemen in the East, and organized the first fire department for San Francisco, which it was said "may be or is the Guide to the Gold Region."
    1851 - A devastating fire at the Library of Congress in Washington, D.C., destroys about two-thirds of its 55,000 volumes, including most of Thomas Jefferson's personal library, sold to the institution in 1815.
    1872 Chicago, IL hit all-time low of 23 below zero. Minneapolis dropped to 38 below zero and then rose only to -17.
    1887-Lucrezia Bori, Spanish-born soprano who became the first woman board member of the Metropolitan Opera after a remarkable opera career. She debuted with the Metropolitan in 1912 opposite Enrico Caruso. She had to retire in 1915 to have a node removed from her vocal chords (a very dangerous operation in those days) and she rejoined the Met in 1921 and sang with the company until 1936. During the depression she vigorously campaigned for funds to keep the Met going and because of her business acumen was made a member of the Board in 1935.
    1889 - Daniel Stover and William Hance of Freeport, Illinois, were up late assembling bicycles for their children when they patented the back pedal brake. Later their invention t would be known as the safety brake, becoming a standard feature on most bikes. Today, there are 18 gears on a bike, and we need two hands brake instead of just pedaling backwards with our feet.
    1948-The Perry Como Show premiered on TV. Singer Perry Como hosted “The Chesterfield Supper Club” when it came to TV from radio. Also featured were the Mitchell Ayres Orchestra and the Fontane Sisters. The show as retiled “the Perry Como Show” during 1955-59 and then “The Kraft Music Hall” during     1959-63. The Ray Charles Singers and the Louis DaPron Danders were featured. Como's theme song was “Dream Along with Me.”
    1905--Birthday of Howard Hughes, the manufacturing magnate, Hollywood mogul, and record-setting aviator. Born in Houston, Hughes entered the business world at age seventeen, taking the reigns of his family's Texas-based tool company after his father passed away. Movie producer who spent his latter years as a recluse, after taking pain relieving drugs from an airplane crash. Born at Houston, TX, he died in an airplane en route from Acapulco, Mexico to Houston, April 5, 1976.
    1893-- Henry Ford completes his 1st useful gas motor.
    1924- rhythm-and-blues singer Lee Dorsey was born in New Orleans. His hits in the 1960's, most of them produced by Allen Toussaint, included "Ya Ya," "Working in the Coal Mine" and "Ride Your Pony." Dorsey died in 1986.
    1927-Brithday of Mary Higgins Clark, best-selling U.S. author of suspense novels. Her daughter also writes mystery novels. Originally a short story writer and crafter of radio scripts, she began a string of best selling suspense novels with Where Are the Children? (1975). Her slick style coupled with intricate plots carried through a dozen books such as A Stranger is Watching (1978), The Cradle Will Fall (1980), Loves Music, Loves to Dance (1991), Let Me Call You Sweetheart (1995), and Moonlight Becomes You (1996).
    1941- Lionel Hampton cuts first big band session for Decca records.
    1942 -New York City had 26 inches of snow in 24 hours with up to 32 inches in the suburbs. The snowstorm killed 27, cost $8 million and brought the city to a standstill.
    1943 - President Roosevelt appointed Gen. Dwight D. Eisenhower supreme commander of Allied forces as part of Operation Overlord. Almost everyone had believed the position would go to American Chief of Staff George C. Marshall.
    1944 - The German Ardennes offensive is exhausted by the end of the day. The furthest advance has been achieved by elements of the German 5th Panzer Army. The 2nd Panzer Division has reached the outskirts of Dinant with the 116th Panzer Division on the right flank near Hotten and the Panzer Lehr Division on the left flank to the west of St. Hubert. American forces in Bastogne continue to resist; some 260 Allied transports drop supplies to the defenders. Allied fighter-bombers fly over 600 sorties in the Ardennes.
    1944--BIDDLE, MELVIN E. Medal of Honor
Rank and organization: Private First Class, U.S. Army, Company B, 517th Parachute Infantry Regiment. Place and date: Near Soy, Belgium, 23-24 December 1944. Entered service at: Anderson, Ind. Birth: Daleville, Ind. G.O. No.. 95, 30 October 1945. Citation: He displayed conspicuous gallantry and intrepidity in action against the enemy near Soy, Belgium, on 23 and 24 December 1944. Serving as lead scout during an attack to relieve the enemy-encircled town of Hotton, he aggressively penetrated a densely wooded area, advanced 400 yards until he came within range of intense enemy rifle fire, and within 20 yards of enemy positions killed 3 snipers with unerring marksmanship. Courageously continuing his advance an additional 200 yards, he discovered a hostile machinegun position and dispatched its 2 occupants. He then located the approximate position of a well-concealed enemy machinegun nest, and crawling forward threw hand grenades which killed two Germans and fatally wounded a third. After signaling his company to advance, he entered a determined line of enemy defense, coolly and deliberately shifted his position, and shot 3 more enemy soldiers. Undaunted by enemy fire, he crawled within 20 yards of a machinegun nest, tossed his last hand grenade into the position, and after the explosion charged the emplacement firing his rifle. When night fell, he scouted enemy positions alone for several hours and returned with valuable information which enabled our attacking infantry and armor to knock out 2 enemy tanks. At daybreak he again led the advance and, when flanking elements were pinned down by enemy fire, without hesitation made his way toward a hostile machinegun position and from a distance of 50 yards killed the crew and 2 supporting riflemen. The remainder of the enemy, finding themselves without automatic weapon support, fled panic stricken. Pfc. Biddle's intrepid courage and superb daring during his 20-hour action enabled his battalion to break the enemy grasp on Hotton with a minimum of casualties.
    1944--*CASTLE, FREDERICK W. (Air Mission) Medal of Honor
Rank and organization: Brigadier General. Assistant Commander, 4th Bomber Wing, U.S. Army Air Corps. Place and date: Germany, 24 December 1944. Entered service at: Mountain Lake, N.J. Born: 14 October 1908, Manila P.I. G.O. No. 22, 28 February 1947. Citation: He was air commander and leader of more than 2,000 heavy bombers in a strike against German airfields on 24 December 1944. En route to the target, the failure of 1 engine forced him to relinquish his place at the head of the formation. In order not to endanger friendly troops on the ground below, he refused to jettison his bombs to gain speed maneuverability. His lagging, unescorted aircraft became the target of numerous enemy fighters which ripped the left wing with cannon shells. set the oxygen system afire, and wounded 2 members of the crew. Repeated attacks started fires in 2 engines, leaving the Flying Fortress in imminent danger of exploding. Realizing the hopelessness of the situation, the bail-out order was given. Without regard for his personal safety he gallantly remained alone at the controls to afford all other crewmembers an opportunity to escape. Still another attack exploded gasoline tanks in the right wing, and the bomber plunged earthward. carrying Gen. Castle to his death. His intrepidity and willing sacrifice of his life to save members of the crew were in keeping with the highest traditions of the military service.
    1944--*KEFURT, GUS Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company K, 15th Infantry, 3d Infantry Division. Place and date: Near Bennwihr, France, 23-24 December 1944. Entered service at: Youngstown, Ohio. Birth: Greenville, Pa. Citation: He distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty on 23 and 24 December 1944, near Bennwihr, France. Early in the attack S/Sgt. Kefurt jumped through an opening in a wall to be confronted by about 15 Germans. Although outnumbered he opened fire, killing 10 and capturing the others. During a seesaw battle which developed he effectively adjusted artillery fire on an enemy tank close to his position although exposed to small arms fire. When night fell he maintained a 3-man outpost in the center of the town in the middle of the German positions and successfully fought off several hostile patrols attempting to penetrate our lines. Assuming command of his platoon the following morning he led it in hand-to-hand fighting through the town until blocked by a tank. Using rifle grenades he forced surrender of its crew and some supporting infantry. He then continued his attack from house to house against heavy machinegun and rifle fire. Advancing against a strongpoint that was holding up the company, his platoon was subjected to a strong counterattack and infiltration to its rear. Suffering heavy casualties in their exposed position the men remained there due to S/Sgt. Kefurt's personal example of bravery, determination and leadership. He constantly exposed himself to fire by going from man to man to direct fire. During this time he killed approximately 15 of the enemy at close range. Although severely wounded in the leg he refused first aid and immediately resumed fighting. When the forces to his rear were pushed back 3 hours later, he refused to be evacuated, but, during several more counterattacks moved painfully about under intense small arms and mortar fire, stiffening the resistance of his platoon by encouraging individual men and by his own fire until he was killed. As a result of S/Sgt. Kefurt's gallantry the position was maintained.
    1944- Henry Vestine, guitarist for the blues-rock band Canned Heat, was born in Washington, D-C. Vestine joined Canned Heat in 1966 after playing with the Mothers of Invention. "On the Road Again" in 1968 and "Going Up the Country" in 1969 were Canned Heat's two biggest hits. Vestine left Canned Heat in mid-1969 to form a new band but returned the following year after the death of group member Al Wilson. Vestine departed Canned Heat for good in 1975. He died a couple of months ago in Paris.
    1944 -- The Andrews Sisters debut their radio show The Andrews Sisters' Eight-To-The-Bar Ranch on the ABC network.
    1945---Top Hits
It Might as Well Be Spring - The Sammy Kaye Orchestra (vocal: Billy Williams)
White Christmas - Bing Crosby
It's Been a Long, Long Time - The Harry James Orchestra (vocal: Kitty Kallen) Silver Dew on the Blue Grass Tonight - Bob Wills
    1946 - Jimmy Buffett Birthday http://www.buffettnews.com/
    1948- “The Perry Como Show” premiers on TV. Singer Perry Como hosted “ The Chesterfield Supper Club:” when it came to TV from radio. Also featured were the Mitchell Ayres Orchestra and the Fontane Sisters. When the show moved from NBC to CBS in 1950, announcer Frank Gallop was added. In 1955, Como moved back to NBC, and the show was retiled, “ The Perry Como Show” during the 1955-59 and then “ The Kraft Music Hall” during 1959-63. The Ray Charles Singers and the Louis DaPron Danvers were featured. Como's theme song was “Dream Along with Me.”
    1948--The first solar heated house occupied. The experiments were sponsored by Amelia Peabody, house designed by Eleanor Raymond, and the heating system developed by Dr. Maria Telkes. It was cheap and effective and promptly ignored by industry. 
    1950 - In a major feat of naval arms, the U.S. amphibious fleet, Task Force 90, commanded by Rear Admiral James H. Doyle, completed evacuation of X Corps from Hungnam. Supported by the Seventh Fleet, commanded by Vice Admiral Arthur D. Struble aboard the battleship USS Missouri, TF 90 evacuated 105,000 U.S. and ROK Marines and soldiers, 17,500 vehicles, 350,000 tons of cargo and 91,000 Korean civilians in just over 190 ships. This enormously complex operation has been termed "Inchon in Reverse."
    1950 - In a daring helicopter rescue, the U.S. Air Force's 33rd Air Rescue Squadron snatched 35 U.S. and ROK soldiers from behind enemy lines.
    1950- the Cleveland Browns defeated the Los Angeles Rams, 30-28, to win the NFL championship. The Browns claimed the title in the first year in the league after the demise of the All-American Football Conference. the Rams, incidentally, had been the Cleveland Rams before they left for the West Coast after the 9145 season.
    1953---Top Hits
Ebb Tide - The Frank Chacksfield Orchestra
White Christmas - Bing Crosby
Ricochet - Teresa Brewer
Let Me Be the One - Hank Locklin
    1953 - Dragnet, starring Jack Webb as Detective Joe Friday, became the first network television show to have a sponsor, Fatima cigarettes.
    1954--Singer Johnny Ace accidentally killed himself while playing Russian Roulette backstage at a Houston concert on Christmas Eve. Ace was well known for singing and playing piano with such Blues legends as Bobby Bland and B.B. King. He later signed with Duke Records and had a string of R&B hits, including "My Song", "Saving My Love", "Please Forgive Me", "Cross My Heart" and "The Clock", along with two more hits after his death, "Pledging My Love" and "Anymore". Cashbox Magazine had named Johnny Ace as its Most Promising New Artist earlier in the month.
    1955 - The Lennon Sisters debuted as "The Lawrence Welk Show"'s featured singers on ABC. In just a month they became regulars and remained on the show until 1968.
    1955--In San Francisco, writer, pacifist, and political radical Aldous Huxley ("Brave New World") takes his first acid (LSD) trip.
    1958--Bobby Darin records "Beyond The Sea"
    1959-The Philadelphia Orphan's Court gives Chubby Checker a raise in his weekly allowance from $150 to $200. The 19 year old singer (who's real name is Ernest Evans) has already put three songs, "The Class", "The Twist" and "The Hucklebuck" in the US Top Forty.
    1960-The Philadelphia Orphan's Court raises Chubby Checker's weekly allowance from $150 to $200. The 19 year old singer (born Ernest Evans) has already put three songs, "The Class," "The Twist" and "The Hucklebuck," in the pop Top Forty.
    1961- the Tokens reached the top of the U-S charts with "The Lion Sleeps Tonight." An adaptation of a South African folk song, it first reached the best-seller lists in 1951 in a recording by the Weavers under the title "Winoweh" (WIN'-OH-WAY). Singer Robert John also had a hit with the song, again under the title "The Lion Sleeps Tonight," in 1971.
    1961---Top Hits
The Lion Sleeps Tonight - The Tokens
Run to Him - Bobby Vee
The Twist - Chubby Checker
Walk on By - Leroy Van Dyke
    1961--The Tokens' "The Lion Sleeps Tonight" hits #1
    1963 - New York’s Idlewild Airport was renamed JFK Airport in honor of the murdered President Kennedy. 
    1963 - Memphis sets its all-time cold record with 13 below zero, two days after a heavy 14.3 inch snowstorm
    1965-The Beatles earn yet another gold record for the album "Rubber Soul," just two-and-a-half weeks after its release. The record, which includes, "I've Just Seen A Face," "Norwegian Wood," "Girl," "Michelle," "In My Life" and "You Won't See Me," is seen by critics as a turning point in their career, marking their progression to a more serious brand of pop music.
    1966--At a Christmas Eve taping session, Tommy James and The Shondells record "I Think We're Alone Now", which will go on to be the group's forth number one song in the US, selling over a million copies.
    1966-- Pressure had been mounting on Elvis Presley for years from the family of his girlfriend, Priscilla Beaulieu, and from his manager, Colonel Tom Parker, rumors had been swirling for months even amongst Elvis fans, and he'd had an engagement ring made six months previously, but not until today does the singer get on one knee during Christmas celebrations at Graceland and present Priscilla with the three-carat ring, saying, "We're going to be married."
    1967 -- New York Jets quarterback Joe Namath passes for 343 yards in a 42-32 win at San Diego to become the first player to throw for 4,000 yards in a season (4,007).
http://images.nfl.com/history/images/1224.jpg
    1968 - After their release from North Korea, the crew of the United States Navy ship, "Pueblo", walked across the Bridge of No Return between North and South Korea. The "Pueblo's" captain, Commander Lloyd M. Bucher, and 82 of his crew were held for 11 months after their ship was seized by North Korea as a suspected American spy vessel.
    1969---Top Hits
Leaving on a Jet Plane - Peter, Paul & Mary
Someday We'll Be Together - Diana Ross & The Supremes
Down on the Corner/Fortunate Son - Creedence Clearwater Revival
(I'm So) Afraid of Losing You Again - Charley Pride
    1971-Actor/Singer Rick Martin, born Enrique Jose Martin, san Juan, Puerto Rico.
    1975--"Hotel California",The Eagles' sixth album and their first with Joe Walsh, goes Platinum and begins an eight-week run at the top of the Billboard album chart. It had sold over 16 million copies at the end of 2004.
    1976 - The Eagles' Hotel California is certified gold.
    1977---Top Hits
How Deep is Your Love - Bee Gees
Blue Bayou - Linda Ronstadt
(Every Time I Turn Around) Back in Love Again - L.T.D.
Here You Come Again - Dolly Parton
    1977 - The Bee Gees' How Deep is Your Love became Number 1 on the music charts, and stayed there for 3 weeks.
    1977--Linda Ronstadt lived up to her nick-name of "Linda Photostat", by copying two more songs that had been hits for other artists. Both "Blue Bayou" (Roy Orbison in 1963) and "It's So Easy" (Buddy Holly in 1958) made it into Billboard's top five. Two other songs from the same "Simple Dreams" album, "Poor Poor Pitiful Me" and "Tumbling Dice" couldn't crack the top 30.
    1981 - Reggie Jackson chose Christmas Eve to announce he was joining Gene Autry's California Angels for the 1982 season.
    1983 -a massive cold outbreak occurred. About 100 low temperature records were broken. Chicago set a new all-time cold record with 25 below. Dayton, OH reached 13 below.
    1985---Top
Say You, Say Me - Lionel Richie
Party All the Time - Eddie Murphy
Alive & Kicking - Simple Minds
The Chair - George Strait
    1988 - Franklin, TN is hit with a violent F4 tornado killing 1 person and injuring 7. Damage was estimated at $8 million.
    1989 - Fifty-seven cities in the south central and eastern U.S. reported record low temperatures for the date, including Elkins, WV, with a reading of 22 degrees below zero. Key West FL equaled their record for December with a morning low of 44 degrees. The high of just 45 degrees at Miami FL was an all-time record for that location. It smashed their previous record for the date by twenty degrees.
    1990 -a total of 35 cities in the western U.S. reported record lows, 18 in Utah alone. Historic Farm in the Cache Valley reached -44, Roosevelt, UT reached 34 below, Milford, UT 33 below, Salt Lake City 7 below. Denver, CO concluded 85.5 hours at or below zero.
    1992 - President George Bush pardoned Caspar Weinberger and five other Reagan aides involved in the Iran-Contra affair.
    1989 - Fifty-seven cities in the south central and eastern U.S. reported record low temperatures for the date, including Elkins, WV, with a reading of 22 degrees below zero. Key West FL equaled their record for December with a morning low of 44 degrees. The high of just 45 degrees at Miami FL was an all-time record for that location. It smashed their previous record for the date by twenty degrees. 1989 - Fifty-seven cities in the south central and eastern U.S. reported record low temperatures for the date, including Elkins, WV, with a reading of 22 degrees below zero. Key West FL equaled their record for December with a morning low of 44 degrees. The high of just 45 degrees at Miami FL was an all-time record for that location. It smashed their previous record for the date by twenty degrees.