Index of California consumer sentiment falls slightly in quarter













Rodeo Drive


Consumer confidence in California fell slightly in the last three months of 2012 but remains near its highest level since the start of the recession, according to a Chapman University index. Above, shoppers visit Rodeo Drive in Beverly Hills..
(Patrick Fallon / Bloomberg)































































Consumer confidence in California weakened slightly in the fourth quarter of this year, according to a Chapman University index released Tuesday.


The California Composite Index of Consumer Confidence decreased to 92.7 from a revised third-quarter reading of 93.4, which was its highest level since the recession, according to the university.


Despite the latest decline, the index shows consumer confidence has been steadily rising as the labor market has improved.





The index of current economic conditions, a component of the overall index, was 80.6 in the fourth quarter, down nearly four points from a third-quarter reading of 84.2.


The biggest drop was in the index measuring consumers' confidence in future economic conditions, which fell to 98.6 from 105.


That slide probably reflects consumers' worries about the looming "fiscal cliff" -- the year-end federal tax increases and spending cuts scheduled to take effect if Congress does not take action, Chapman economists said. The passage of Proposition 30 in California, which will increase state taxes, also has apparently dampened consumer sentiment.

The index of future spending plans, however, showed a surge in consumers' willingness to spend on big-ticket items such as electronics and appliances.  The index rose 17 points to 105.4 from 88.4.


ALSO:


'Right-to-work' measure passes in Michigan Legislature


'Obamacare,' fiscal cliff leads to small business optimism plunge


Despite ports strike, U.S. cargo volume to rise 3.9% in December


ricardo.lopez2@latimes.com


Follow Ricardo Lopez on Twitter.






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Latin music star Jenni Rivera believed dead in plane crash

Fans of Mexican-American singing star Jenni Rivera held a vigil Sunday night in Lynwood









MEXICO CITY — Mexican American singer Jenni Rivera, the "diva de la banda" whose commanding voice burst through the limits of regional Latin music and made her a cross-border sensation and the queen of a business empire, was believed to have died Sunday when the small jet carrying her and members of her entourage crashed in mountainous terrain.


Rivera, a native of Long Beach, was 43. Mexico's ministry of transportation did not confirm her death outright, but it said that she had been aboard the plane and that no one had survived the crash. Six others, including two pilots, also were on board.


"Everything suggests, with the evidence that's been found, that it was the airplane that the singer Jenni Rivera was traveling in," said Gerardo Ruiz Esparza, Mexico's secretary of communications and transportation. Of the crash site, Ruiz said: "Everything is destroyed. Nothing is recognizable."








Word of the accident ricocheted around the entertainment industry, with performer after performer expressing shock and grief. Fans gathered outside Rivera's four-acre estate in Encino.


"She was the Diana Ross of Mexican music," said Gustavo Lopez, an executive vice president at Universal Music Latin Entertainment, an umbrella group that includes Rivera's label. Lopez called Rivera "larger than life" and said that based on ticket sales, she was by far the top-grossing female artist in Mexico.


"Remember her with your heart the way she was," her father, Don Pedro Rivera, told reporters in Spanish on Sunday evening. "She never looked back. She was a beautiful person with the whole world."


Rivera had performed a concert in Monterrey, Mexico, on Saturday night — her standard fare of knee-buckling power ballads, pop-infused interpretations of traditional banda music and dizzying rhinestone costume changes.


At a news conference after the show, Rivera appeared happy and tranquil, pausing at one point to take a call on her cellphone that turned out to be a wrong number. She fielded questions about struggles in her personal life, including her recent separation from husband Esteban Loaiza, a professional baseball player.


"I can't focus on the negative," she said in Spanish. "Because that will defeat you. That will destroy you.... The number of times I have fallen down is the number of times I have gotten up."


Hours later, shortly after 3 a.m., Rivera is believed to have boarded a Learjet 25, which took off under clear skies. The jet headed south, toward Toluca, west of Mexico City; there, Rivera had been scheduled to tape the television show "La Voz" — Mexico's version of "The Voice" — on which she was a judge.


The plane, built in 1969 and registered to a Las Vegas talent management firm, reached 11,000 feet. But 10 minutes and 62 miles into the flight, air traffic controllers lost contact with its pilots, according to Mexican authorities. The jet crashed outside Iturbide, a remote city that straddles one of the few roads bisecting Mexico's Sierra de Arteaga national park.


Wreckage was scattered across several football fields' worth of terrain. An investigation into the cause of the crash was underway, and attempts to identify the remains of the victims had begun.


Rivera, a mother of five and grandmother of two, was believed to have been traveling with her publicist Arturo Rivera, who was not related to her, as well as with her lawyer, hairstylist and makeup artist; reports of their names were not consistent. Their identities were not confirmed by authorities. The pilots were identified as Miguel Perez and Alejandro Torres.


In the world of regional Latin music — norteño, cumbia and ranchera are among the popular niches — Rivera was practically royalty.


Her father was a noted singer of the Mexican storytelling ballads known as corridos. In the 1980s he launched the record label Cintas Acuario. It began as a swap-meet booth and grew into an influential and taste-making independent outfit, fueling the careers of artists such as the late Chalino Sanchez. Jenni Rivera's four brothers were associated with the music industry; her brother Lupillo, in particular, is a huge star in his own right.


Born on July 2, 1969, Rivera initially showed little inclination to join the family business. She worked for a time in real estate. But after a pregnancy and a divorce, she went to work for her father's record label and found her voice, literally and figuratively.


She released her first studio album in 2003, when she was 34.


Her path had not been easy, but rather than running from it, she wrote it into her music — domestic violence; struggles with weight; raising her children alone, or "sin capitan," without a captain. She was known for marathon live shows that left audiences exhilarated and exhausted; by the fifth hour of one recent performance, she was drinking straight from a tequila bottle and launching into a cover of "I Will Survive."


In a witty and sometimes baffling stew of Spanish and English, she sang about her three husbands, about drug traffickers, in tribute to her father, in tribute to her gynecologist.


She became, in a most unlikely way, a feminist hero among Latin women in Mexico and the United States and a powerful player in a genre of music dominated by men and machismo. Regional Mexican music styles had long been seen as limiting to artists, but Rivera shrugged off the labels and brought traditional-laced music — some of which sounded perilously close to polka — to a massive pop audience.





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China party chief stresses reform, censors relax grasp on internet






BEIJING (Reuters) – China must deepen reforms to perfect its market economy and strengthen rule of law, Communist Party chief Xi Jinping said in southern Guangdong, echoing groundbreaking comments by reformist senior leader Deng Xiaoping in the same province 20 years ago.


Xi’s call for reform was reported on Monday, coinciding with an apparent easing of Internet search restrictions that the party has energetically used to suppress information that could threaten one-party rule.






China’s largest microblog service unblocked searches for the names of many top political leaders in a possible sign of looser controls a month after new senior officials were named to head the ruling party.


Searches on the popular Twitter-like Sina Weibo microblog for party chief Xi Jinping, Vice Premier Li Keqiang and other leaders – terms that have long been barred under strict censorship rules – revealed detailed lists of news reports and user comments.


Xi’s comments on the economy came on Sunday during a trip to Guangdong where he paid tribute to Deng, whose visit in 1992 ushered in an era of breakneck economic reform and growth.


“The government earnestly wants to study the issues that are being brought up, and wants to perfect the market economy system … by deepening reform, and resolve the issues by strengthening rule of law,” Xi was quoted by Xinhua state news agency as saying.


Experts say that unless the stability-obsessed party leadership pushes through stalled reforms, the nation risks economic malaise and social woes that could deepen unrest and threaten its grip on power.


It was too early to detect a change of heart on censorship, but Zhan Jiang, a professor at Beijing Foreign Studies University, said the signs were good.


“Things are changing quietly, and it matches what Xi Jinping said before – to achieve progress and change in a steady way,” Zhan said.


Various search terms for Premier Wen Jiabao, who was at the centre of recent New York Times reports that said his family had accumulated massive fortunes during his tenure, were still blocked on Monday.


Chinese social media sites have posed a unique challenge for party leaders whose overarching goal is to maintain political control, while at the same time allowing people to blow off steam.


Analysts have been searching for signs that China’s new leaders might steer a path of political reform. Many expected at least a temporary loosening of censorship rules after the 18th Party Congress.


“Excessively strict control of the Internet will only make things worse,” said Hu Xingdou, a professor at Beijing Institute of Technology. “So we need to allow people to speak and allow them to voice their grievances.”


(Writing by Michael Martina and Terril Yue Jones. Additional reporting by Ben Blanchard, Sally Huang and Sui-Lee Wee; Editing by Nick Macfie)


Internet News Headlines – Yahoo! News


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'Zero Dark Thirty,' 'Lincoln' make AFI top-10 list


LOS ANGELES (AP) — Kathryn Bigelow's Osama bin Laden thriller "Zero Dark Thirty," Steven Spielberg's Civil War epic "Lincoln" and Christopher Nolan's superhero tale "The Dark Knight Rises" are among the American Film Institute's top-10 movies of the year.


Also on the AFI top-10 announced Monday: Ben Affleck's Iran hostage-crisis drama "Argo;" Benh Zeitlin's low-budget hit "Beasts of the Southern Wild;" Quentin Tarantino's slavery saga "Django Unchained;" Tom Hooper's Victor Hugo musical "Les Miserables;" Ang Lee's shipwreck story "Life of Pi;" Wes Anderson's first-love romance "Moonrise Kingdom;" and David O. Russell's misfit love story "Silver Linings Playbook."


The AFI also picked its top-10 TV shows for the year: "American Horror Story;" ''Breaking Bad;" ''Game Change;" ''Game of Thrones;" ''Girls;" ''Homeland;" ''Louie;" ''Mad Men;" ''Modern Family;" and "The Walking Dead."


Creative ensembles for the films and TV shows will be honored at a luncheon in Los Angeles on Jan. 11.


___


Online:


http://www.afi.com


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A Breakthrough Against Leukemia Using Altered T-Cells





PHILIPSBURG, Pa. — Emma Whitehead has been bounding around the house lately, practicing somersaults and rugby-style tumbles that make her parents wince.




It is hard to believe, but last spring Emma, then 6, was near death from leukemia. She had relapsed twice after chemotherapy, and doctors had run out of options.


Desperate to save her, her parents sought an experimental treatment at the Children’s Hospital of Philadelphia, one that had never before been tried in a child, or in anyone with the type of leukemia Emma had. The experiment, in April, used a disabled form of the virus that causes AIDS to reprogram Emma’s immune system genetically to kill cancer cells.


The treatment very nearly killed her. But she emerged from it cancer-free, and about seven months later is still in complete remission. She is the first child and one of the first humans ever in whom new techniques have achieved a long-sought goal — giving a patient’s own immune system the lasting ability to fight cancer.


Emma had been ill with acute lymphoblastic leukemia since 2010, when she was 5, said her parents, Kari and Tom. She is their only child.


She is among just a dozen patients with advanced leukemia to have received the experimental treatment, which was developed at the University of Pennsylvania. Similar approaches are also being tried at other centers, including the National Cancer Institute and Memorial Sloan-Kettering Cancer Center in New York.


“Our goal is to have a cure, but we can’t say that word,” said Dr. Carl June, who leads the research team at the University of Pennsylvania. He hopes the new treatment will eventually replace bone-marrow transplantation, an even more arduous, risky and expensive procedure that is now the last hope when other treatments fail in leukemia and related diseases.


Three adults with chronic leukemia treated at the University of Pennsylvania have also had complete remissions, with no signs of disease; two of them have been well for more than two years, said Dr. David Porter. Four adults improved but did not have full remissions, and one was treated too recently to evaluate. A child improved and then relapsed. In two adults, the treatment did not work at all. The Pennsylvania researchers were presenting their results on Sunday and Monday in Atlanta at a meeting of the American Society of Hematology.


Despite the mixed results, cancer experts not involved with the research say it has tremendous promise, because even in this early phase of testing it has worked in seemingly hopeless cases. “I think this is a major breakthrough,” said Dr. Ivan Borrello, a cancer expert and associate professor of medicine at the Johns Hopkins University School of Medicine.


Dr. John Wagner, the director of pediatric blood and marrow transplantation at the University of Minnesota, called the Pennsylvania results “phenomenal” and said they were “what we’ve all been working and hoping for but not seeing to this extent.”


A major drug company, Novartis, is betting on the Pennsylvania team and has committed $20 million to building a research center on the university’s campus to bring the treatment to market.


Hervé Hoppenot, the president of Novartis Oncology, called the research “fantastic” and said it had the potential — if the early results held up — to revolutionize the treatment of leukemia and related blood cancers. Researchers say the same approach, reprogramming the patient’s immune system, may also eventually be used against tumors like breast and prostate cancer.


To perform the treatment, doctors remove millions of the patient’s T-cells — a type of white blood cell — and insert new genes that enable the T-cells to kill cancer cells. The technique employs a disabled form of H.I.V. because it is very good at carrying genetic material into T-cells. The new genes program the T-cells to attack B-cells, a normal part of the immune system that turn malignant in leukemia.


The altered T-cells — called chimeric antigen receptor cells — are then dripped back into the patient’s veins, and if all goes well they multiply and start destroying the cancer.


The T-cells home in on a protein called CD-19 that is found on the surface of most B-cells, whether they are healthy or malignant.


A sign that the treatment is working is that the patient becomes terribly ill, with raging fevers and chills — a reaction that oncologists call “shake and bake,” Dr. June said. Its medical name is cytokine-release syndrome, or cytokine storm, referring to the natural chemicals that pour out of cells in the immune system as they are being activated, causing fevers and other symptoms. The storm can also flood the lungs and cause perilous drops in blood pressure — effects that nearly killed Emma.


Steroids sometimes ease the reaction, but they did not help Emma. Her temperature hit 105. She wound up on a ventilator, unconscious and swollen almost beyond recognition, surrounded by friends and family who had come to say goodbye.


But at the 11th hour, a battery of blood tests gave the researchers a clue as to what might help save Emma: her level of one of the cytokines, interleukin-6 or IL-6, had shot up a thousandfold. Doctors had never seen such a spike before and thought it might be what was making her so sick.


Dr. June knew that a drug could lower IL-6 — his daughter takes it for rheumatoid arthritis. It had never been used for a crisis like Emma’s, but there was little to lose. Her oncologist, Dr. Stephan A. Grupp, ordered the drug. The response, he said, was “amazing.”


Within hours, Emma began to stabilize. She woke up a week later, on May 2, the day she turned 7; the intensive-care staff sang “Happy Birthday.”


Since then, the research team has used the same drug, tocilizumab, in several other patients.


In patients with lasting remissions after the treatment, the altered T-cells persist in the bloodstream, though in smaller numbers than when they were fighting the disease. Some patients have had the cells for years.


Dr. Michel Sadelain, who conducts similar studies at the Sloan-Kettering Institute, said: “These T-cells are living drugs. With a pill, you take it, it’s eliminated from your body and you have to take it again.” But T-cells, he said, “could potentially be given only once, maybe only once or twice or three times.”


The Pennsylvania researchers said they were surprised to find any big drug company interested in their work, because a new batch of T-cells must be created for each patient — a far cry from the familiar commercial strategy of developing products like Viagra or cholesterol medicines, in which millions of people take the same drug.


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Holiday retail hiring could break record set 12 years ago









Holiday hiring by retailers is fast approaching a record set 12 years ago, according to a new analysis of government numbers.


So far, retailers have added 619,700 seasonal workers in October and November, 19% more than the 512,600 holiday employees hired over the same period last year, according to consultancy firm Challenger, Gray & Christmas Inc.


If businesses bring on just 140,300 more workers in December, they’ll match the nearly 760,000 employees tacked on to payrolls during the three-month holiday hiring season in 2000 – a record high.





Doing so isn’t a stretch. Last year, retailers hired 147,600 workers in December, bringing the three-month total to 660,200 seasonal employees.


Last month, businesses such as Target and Amazon.com picked up 465,500 additional workers -- a 21% increase from a year ago and slightly above the record set in November 2007. Challenger derives its non-seasonally adjusted data from the Bureau of Labor Statistics.


“Despite all of the uncertainty, all the talk of fiscal cliffs, the widespread damage to retail epicenters on the east coast by Hurricane Sandy, and the continued growth of e-commerce, retailers are hiring holiday workers in record numbers,” said Chief Executive John A. Challenger in a statement.


The influx of workers is being used to staff stores as they expand holiday hours. Chains such as Wal-Mart caused a kerfuffle as they opened even before Black Friday, allowing shoppers in on Thanksgiving. Macy’s stores will stay open for 48 hours straight starting Dec. 21, with 57 stores keeping the lights on for another 24 hours after that.


But whether the hordes of retail associates will be met with crowds of shoppers is unclear. Consumer confidence is at a four-month low. Though Black Friday saw healthy shopping levels, retail sales overall rose a weak 1.6% in November.


ALSO:


Retail sales rise a weak 1.6% in November


Consumer confidence falls sharply amid 'fiscal cliff' worries


Macy's will open doors 48 hours straight before Christmas





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3 killed, 4 wounded in Tulare County shooting









Three people were fatally shot and four others wounded, including two young children, Saturday night on the Tule River Reservation in Tulare County, authorities said.

The suspect, who fled with his two young daughters, was later shot by sheriff’s deputies and taken into custody, according to the Tulare County Sheriff’s Department. The two girls, who were among those shot, were rescued.

The incident began about 7:45 p.m. when the Sheriff’s Department received a 911 call about shots fired in the 100 block of Chimney Road of the Tule River Indian Reservation about 60 miles northeast of Bakersfield, according to a Sheriff’s Department statement.

In a trailer on the property, deputies discovered an adult male and an adult female who had been fatally shot, authorities said. A male juvenile who suffered a gunshot wound was transported to a hospital. 

At a shed on the property, deputies found another male victim who had been fatally shot, authorities said.

The suspect, identified as Hector Celaya, 31, of the Tule River Indian Reservation, fled the scene in a Jeep Cherokee with his two daughters, Alyssa, 8, and Linea, 5, authorities said. An Amber Alert was issued around 11 p.m.

Detectives used Celaya’s cellphone to locate him.

A deputy spotted the vehicle and after failing to make a traffic stop, a slow-speed pursuit began, authorities said.

The suspect eventually stopped and fired his weapon at deputies, who returned fire and struck the suspect twice, seriously wounding him, authorities said.

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U.S. judge names lead plaintiffs in Facebook litigation






NEW YORK (Reuters) – A group of investors including state pension funds in North Carolina and Arkansas will be the lead plaintiffs in securities lawsuits arising out of Facebook Inc’s $ 16 billion initial public offering, a U.S. judge ruled on Thursday.


The investors, in a proposed class-action case, have accused Facebook of misrepresenting its financial condition in the run-up to the May stock offering. They are represented by law firms Bernstein Litowitz Berger & Grossmann and Labaton Sucharow.






The ruling helps set a structure for the Facebook IPO litigation, a headache for the social media company and a nagging reminder of the technical glitches in the highly anticipated stock market debut.


U.S. District Judge Robert Sweet in Manhattan also named lead plaintiffs for lawsuits against NASDAQ OMX Group Inc stemming from the IPO. NASDAQ was sued over allegations that orders to buy and sell Facebook were not properly executed on the first day of trading.


Facebook, which has defended its pre-IPO disclosures, declined to comment on Thursday. A spokesman for NASDAQ declined to comment on the litigation.


Facebook shares made their debut at $ 38 per share, and later fell as much as 50 percent. On Thursday, they closed at $ 26.90, down 2.6 percent.


Sweet consolidated the cases and picked lead plaintiffs to head up most of the 42 lawsuits before him arising out of the IPO.


Under a federal law governing securities lawsuits, courts routinely select a lead plaintiff in class actions. The lead plaintiff typically is the shareholder with the biggest losses, though judges have discretion to pick a different investor.


The plaintiff group picked to lead 31 cases alleging securities violations against Facebook includes the North Carolina Retirement Systems, Arkansas Teacher Retirement System, the Fresno County Employees’ Retirement Association and Banyan Capital Master Fund Ltd.


The group has collectively claimed a combined $ 7.1 million in losses.


“Its members are large, institutional investors with experience representing shareholder classes in similar litigation with the resources to pursue the action,” Sweet said.


In the securities lawsuits against NASDAQ, the judge said First New York Securities LLC, T3 Trading Group LLC, and Avatar Securities LLC would act as co-lead plaintiffs. The group traded a combined $ 316 million in Facebook shares the day of the IPO, the decision said.


The case is In re Facebook, Inc, IPO Securities and Derivative Litigation, U.S. District Court, Southern District of New York, MDL No. 12-2389.


(Reporting by Nate Raymond; Editing by Martha Graybow)


Internet News Headlines – Yahoo! News


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'Skyfall,' 'Guardians' duel for box-office win


LOS ANGELES (AP) — James Bond is in a box-office photo finish with Santa Claus and the Easter Bunny over what looks to be the last slow weekend of the holidays.


According to studio estimates Sunday, Sony's Bond tale "Skyfall" took in $11 million to move back to No. 1 in its fifth weekend.


That put it narrowly ahead of Paramount's "Rise of the Guardians," the animated adventure of Santa, the Easter Bunny and other mythological heroes that pulled in $10.5 million.


The two movies inched ahead of Summit Entertainment's "The Twilight Saga: Breaking Dawn — Part 2," which had been tops for three-straight weekends. The "Twilight" finale earned $9.2 million, slipping into a tight race for No. 3 with Disney's "Lincoln," which was close behind with $9.1 million.


The top movies were bunched up so closely that rankings could change once final weekend revenues are released Monday.


The weekend's only new wide release, Gerard Butler's romantic comedy "Playing for Keeps," flopped with $6 million, coming in at No. 6.


"Skyfall" raised its domestic total to $261.6 million and added $20.3 million overseas to bring its international income to $656.6 million. At $918 million worldwide, "Skyfall" has the best cash haul ever for the Bond franchise and surpassed "Spider-Man 3" at $890 million to become Sony's top-grossing hit.


The "Twilight" finale also is a franchise record-breaker, surpassing the $710 million worldwide haul of last year's "Breaking Dawn — Part 1." The finale's domestic total now stands at $268.7 million.


It was another traditionally quiet post-Thanksgiving weekend, with big November releases continuing to dominate in the lull before a pre-Christmas onslaught of movies.


The box office is expected to soar next weekend with the arrival of part one of "The Hobbit," Peter Jackson's "The Lord of the Rings" prelude. After that comes a steady rush of action, comedy and drama through year's end, including Tom Cruise's "Jack Reacher," Quentin Tarantino and Jamie Foxx's "Django Unchained," Seth Rogen's "The Guilt Trip" and Hugh Jackman and Russell Crowe's "Les Miserables."


"The last couple of weeks of the year are some of the strongest every year," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. "We are on the cusp of some really huge box office. There's a lot of money still left in the year despite this slow period right now."


Hollywood's domestic revenues have topped $10 billion so far this year, with the industry expected to finish 2012 ahead of the all-time high of $10.6 billion set in 2009.


Trashed savagely by critics, FilmDistrict's "Playing for Keeps" stars Butler as a washed-up soccer star trying to reconnect with his ex-wife (Jessica Biel) and young son. The all-star cast includes Catherine Zeta-Jones and Uma Thurman as soccer moms with the hots for Butler.


In limited release, Bill Murray's Franklin Roosevelt drama "Hyde Park on Hudson" opened solidly with $83,280 in four theaters, averaging a healthy $20,820 a cinema. By comparison, "Playing for Keeps" averaged $2,115 in 2,837 theaters.


Released by Focus Features, "Hyde Park on Hudson" stars Murray as Roosevelt, whose intimate relations with a distant cousin (Laura Linney) become both a source of strength and distraction as the president plays host to the king and queen of England on the eve of World War II.


Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.


1. "Skyfall," $11 million ($20.3 million).


2. "Rise of the Guardians," $10.5 million ($26 million international).


3. "The Twilight Saga: Breaking Dawn — Part 2," $9.2 million.


4. "Lincoln," $9.1 million.


5. "Life of Pi," $8.3 million.


6. "Playing for Keeps," $6 million.


7. "Wreck-It Ralph," $4.9 million ($5.8 million international).


8. "Red Dawn," $4.3 million.


9. "Flight," $3.1 million.


10. "Killing Them Softly," $2.7 million.


___


Online:


http://www.hollywood.com


http://www.rentrak.com


___


Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.


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New Taxes to Take Effect to Fund Health Care Law





WASHINGTON — For more than a year, politicians have been fighting over whether to raise taxes on high-income people. They rarely mention that affluent Americans will soon be hit with new taxes adopted as part of the 2010 health care law.




The new levies, which take effect in January, include an increase in the payroll tax on wages and a tax on investment income, including interest, dividends and capital gains. The Obama administration proposed rules to enforce both last week.


Affluent people are much more likely than low-income people to have health insurance, and now they will, in effect, help pay for coverage for many lower-income families. Among the most affluent fifth of households, those affected will see tax increases averaging $6,000 next year, economists estimate.


To help finance Medicare, employees and employers each now pay a hospital insurance tax equal to 1.45 percent on all wages. Starting in January, the health care law will require workers to pay an additional tax equal to 0.9 percent of any wages over $200,000 for single taxpayers and $250,000 for married couples filing jointly.


The new taxes on wages and investment income are expected to raise $318 billion over 10 years, or about half of all the new revenue collected under the health care law.


Ruth M. Wimer, a tax lawyer at McDermott Will & Emery, said the taxes came with “a shockingly inequitable marriage penalty.” If a single man and a single woman each earn $200,000, she said, neither would owe any additional Medicare payroll tax. But, she said, if they are married, they would owe $1,350. The extra tax is 0.9 percent of their earnings over the $250,000 threshold.


Since the creation of Social Security in the 1930s, payroll taxes have been levied on the wages of each worker as an individual. The new Medicare payroll is different. It will be imposed on the combined earnings of a married couple.


Employers are required to withhold Social Security and Medicare payroll taxes from wages paid to employees. But employers do not necessarily know how much a worker’s spouse earns and may not withhold enough to cover a couple’s Medicare tax liability. Indeed, the new rules say employers may disregard a spouse’s earnings in calculating how much to withhold.


Workers may thus owe more than the amounts withheld by their employers and may have to make up the difference when they file tax returns in April 2014. If they expect to owe additional tax, the government says, they should make estimated tax payments, starting in April 2013, or ask their employers to increase the amount withheld from each paycheck.


In the Affordable Care Act, the new tax on investment income is called an “unearned income Medicare contribution.” However, the law does not provide for the money to be deposited in a specific trust fund. It is added to the government’s general tax revenues and can be used for education, law enforcement, farm subsidies or other purposes.


Donald B. Marron Jr., the director of the Tax Policy Center, a joint venture of the Urban Institute and the Brookings Institution, said the burden of this tax would be borne by the most affluent taxpayers, with about 85 percent of the revenue coming from 1 percent of taxpayers. By contrast, the biggest potential beneficiaries of the law include people with modest incomes who will receive Medicaid coverage or federal subsidies to buy private insurance.


Wealthy people and their tax advisers are already looking for ways to minimize the impact of the investment tax — for example, by selling stocks and bonds this year to avoid the higher tax rates in 2013.


The new 3.8 percent tax applies to the net investment income of certain high-income taxpayers, those with modified adjusted gross incomes above $200,000 for single taxpayers and $250,000 for couples filing jointly.


David J. Kautter, the director of the Kogod Tax Center at American University, offered this example. In 2013, John earns $160,000, and his wife, Jane, earns $200,000. They have some investments, earn $5,000 in dividends and sell some long-held stock for a gain of $40,000, so their investment income is $45,000. They owe 3.8 percent of that amount, or $1,710, in the new investment tax. And they owe $990 in additional payroll tax.


The new tax on unearned income would come on top of other tax increases that might occur automatically next year if President Obama and Congress cannot reach an agreement in talks on the federal deficit and debt. If Congress does nothing, the tax rate on long-term capital gains, now 15 percent, will rise to 20 percent in January. Dividends will be treated as ordinary income and taxed at a maximum rate of 39.6 percent, up from the current 15 percent rate for most dividends.


Under another provision of the health care law, consumers may find it more difficult to obtain a tax break for medical expenses.


Taxpayers now can take an itemized deduction for unreimbursed medical expenses, to the extent that they exceed 7.5 percent of adjusted gross income. The health care law will increase the threshold for most taxpayers to 10 percent next year. The increase is delayed to 2017 for people 65 and older.


In addition, workers face a new $2,500 limit on the amount they can contribute to flexible spending accounts used to pay medical expenses. Such accounts can benefit workers by allowing them to pay out-of-pocket expenses with pretax money.


Taken together, this provision and the change in the medical expense deduction are expected to raise more than $40 billion of revenue over 10 years.


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