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Show Page Two - The Springville Herald - July 25, 2001 WB& HS W w mm 7 n by Randall Holmgren When a person dies, his or her estate, (the assets owned at death) will transfer to loved ones through one of three ways: 1) by contract; 2) by Will; or. 3) by the laws of intestacy of the State of the deceased person's residence resi-dence at death. Only through the first two ways of transferring EDITORIAL We need smother red light in city by Martin Conover We received a letter this week concerning traffic problems on the west side of 1-15 where the off-ramp into Springville and Mapleton meets 400 South Street. The writer, Leo J. Lee. is concerned about the traffic which builds up at certain times of the day, and cars back-up from the stop sign to the freeway itself. The backup is due, as the letter states, to drivers who bypass all those waiting their turn to get onto 400 South, and instead turn west, make a quick U-turn and zoom past all those waiting vehicles! He says we need a red light at that intersection which causes us to "fear and tremble." And we do. "However, it took road relocations, reloca-tions, at least two studies, city money, Wal-Mart money and very little state money to get an obviously needed red light on the east side of 1-15 and 400 South. What will it take to get a needed light on the west side? Are we are going to back-up traffic onto 1-15 every day, quarrel over frontage road locations, make "tough" decisions about access to the Cracker Barrell and Day's Inn, put in the frontage road locations, conduct studies, get funding, and who knows what else, and finally put in the needed semaphore? Our guess is four years and maybe up to ten. They have been talking about the needed grade separation over the lower tracks since the building of the freeway when it should have been done over twenty years ago, and we all know that nothing has happened yet. The question is, how bad will the traffic have to get onto 1-15 before something is done? How many traffic accidents will have to happen at that intersection because of impatient drivers trying to get onto 400 South? We are asking UDOT to do something about this very bad traffic problem now. They drug their feet on the red light by Wal-Mart, so Springville City and Wal-Mart stepped in and got the job done. Can you take care of this one UDOT? Until a red light is installed on the west side of the overpass or something is done to fix the traffic problems there, be advised that to make a U-turn in front of, or near the Chevron station, is against the law according to Springville City Police. A "no U-turn sign" has been posted in that area. If caught for making a U-turn there, the fine is posted at $50. The Police Department is also making an effort to patrol that area. They can certainly pickup extra revenue every day from overanxious over-anxious drivers looking to beat the traffic. We recommend patience to motorists using this off ramp from I-15 I-15 and "prayer" to get UDOT to move in solving a worsening traffic situation. We don't think there is any hope for a grade separation over the railroad tracks on 400 South! 1-15 update The Utah Department of Transportation advises motorists of moderate traffic delays along SR-6 in Spanish Fork Canyon. Construction crews will start paving operations according to the following schedule. On Wed.. July 25. they wil pave from 8 p.m. to 6 a.m. Thur. morning. They will also pave on Thur. through Sat., July 26 to 28, from 5 p.m. to 5 a.m. Nighttime paving pav-ing work will continue on a regular weekly schedule, Sun. through Fri. between 5 p.m. and 5 a.m., July 30 through Aug. 17. This is a reconstruction project pro-ject along a six-mile stretch of (USPS 5 1 3-060) Published Weekly by Art City Publishing Co., Inc. 161 South Main Street Springville, Utah Publisher Martin W. Conover Editor ....Patricia Conover Periodical Postage Paid in Springville. UT 84663 Postmaster send change of address notice to: The Springville Herald, 161 S. Main. Springville, UT 84663 Subscriptions in Advance per year $20 Out of County Subscriptions per year $23 Per Copy 50 C delivered by carrrier, per month $2 Member Utah Press Association assets does the deceased person get to choose who receives his or her assets. Under the laws of intestacy, the State chooses who gets the deceased person's assets. However, if you die with assets in your name alone, generally gener-ally they can only be transferred through the probate process. This is true whether you have a Will SR-6 at Diamond Fork Canyon and ending two miles east of the High way 89 junction to Manti and Ephraim. UDOT advises motorists to reduce speeds and use caution when driving through construction construc-tion zones. Work schedules are subject to change due to weather, equipment problems or emergency emergen-cy situations. Habit is man's best friend or his worst enemy. Quiet minds cannot be perplexed per-plexed or frightened but go on in fortune or in misfortune at their own private pace like the ticking of a clock during a thunderstorm. h or if you die intestate (without a Will). Your affairs will be handled han-dled by the Personal Representa-1, tive of your Estate. If you have a Will you are able to choose someone to handle your affairs, and that person is called an Executor Exec-utor or Executrix. ; If you do not have a Will, the court will select someone to handle your affairs and that person is called an Administrator or Administratrix. The generic term for these positions is the "Personal Representative." Obviously, it is more beneficial benefi-cial for you to choose the person who will handle your affairs by making a Will. That person has' many duties and responsibilities,' and you want to ensure your wishes are carried out properly. They must first gather and mar-shall mar-shall all of the assets that are in your name alone. They must also obtain infor- Springville poh re ort The Springville Police Department De-partment responded to 211 reported re-ported incidences last week. Kelly Mark Stoker, 225 S. 300 West 1, Springville. was arrested on three domestic violence vio-lence charges. He was arrested for hitting his wife in the stomach, stom-ach, locking her in the closet when she tried to leave, and for preventing her from making a telephone call. Benjamin Paul Cloward, 7045 S. 2400 West, Benjamin, Utah, was cited for disorderly conduct and use of a weapon after an l altercation with Brandon S. Watson, Wat-son, 940 E. Buddlea Dr., Sandy. Watson was arrested for disorderly disorder-ly conduct and on an outstanding warrant. Joy B. Manor, 441 E. 100 North, Springville, was arrested; on three counts of prescription fraud. Dan L. McGraw, 603 N. 450 East, Springville, was cited for, domestic violence. Police cited McGraw after responding to reports of domestic violence involving McGraw, his wife and her brother, Garret A. Rawlings, 603 N. 450 East, Springville. Rawlings was cited for domestic violence and drinking alcohol in a parked vehicle. Adam Michael Raymond, 1466 N. 250 East, Springville, was arrested on two outstanding warrants. Jason Scott Williams, 580 S. 470 East 2, Springville, was arrested on two felony warrants. war-rants. David Ray Griffith, 615 E. 8680 South, Sandy, was cited for breaking a protective order. Three male juveniles were referred re-ferred to juvenile court for possession pos-session of alcohol. One was found possessing marijuana. A female juvenile was arrested arrest-ed on charges of aggravated assault after threatening to kill her brother while waving a butcher but-cher knife at him. Charges have been filed against two male juveniles for possession of bicycles that were reported stolen from BYU in May. Two male juveniles were arrested for curfew violations and theft after police received a tip that an auto burglary was taking place. Seth S. Nelson, 395 N. 200 East, Springville, was arrested arrest-ed at the same time for theft and aiding minors in breaking curfew. cur-few. Charges of breaking into an automobile are pending against all three. A male juvenile was been referred to juvenile court for stealing beer from 7-11. A male juvenile has been charged with possession of a stolen adult tricycle. Ray Talamantez, 1439 S. 400 East, Springville, was cited for possession of tobacco by a minor. Items reported stolen include: stereo systems from two cars; tools from a shed; $20 from a house; a cell phone from a car. A state employee reported that her state-owned car and - her personal car were both vandalized. vandal-ized. Damages to the state car are estimated at $100. Damages to her personal car are estimated at $1,000. Police responded to reports of a fire in a trash bin and a car fire. , He that goes a borrowing goes "i a sorrowing. ' That man is the richest whose pleasures are the cheapest. mation about any of your assets transferring by a -contract, because be-cause this may be relevant for death tax purposes. In this process, pro-cess, all of your assets are valued at their fair market value as of the date of death. Included in marshalling your assets are the duties to inventory all of your household furnishings and personal per-sonal possessions. The Personal Representative must also diligently search your records to find your creditors. The second function of the Personal Per-sonal Representative is to ensure all your outstanding bills are paid, including those caused by your death. The third aspect of the Personal Per-sonal Representative's duties deals with the determination and payment of any death taxes that may be due by reason of your death. There are two types of taxes, the Federal Estate Tax and COMMENT PAGE -15 to Springville Herald: You have done a marvelous job in helping to get a traffic light at the 1700 West cross road to Wal-Mart. Congratulations and well done! Now something must be done about the 1-15 south-bound off ramp traffic trying to go east on 400 South. Gentle and thinking drivers line up properly to make the turn east on 400 South. Impatient, unthinking and rude drivers jet past the line of cars, make a rapid turn west on 400 South, do a dusty 180 degree turn near the Chevron station and come storming storm-ing back east completely jamming any possibility for the patient drivers to turn east. The rule says vwc must give way to through traffic. If took 15 minutes today to make the left turn on 400 South, ; and by the tims I was able to Legislators Continued from page 1 r including accounting, legal and medical services. (Delaware and Washington also tax such profes-' profes-' sions, but with a gross receipts : tax and a business and occupations occupa-tions tax, respectively.) Florida and Massachusetts experimented with taxing services but repealed it later in part due to an out-migration of service busi-, busi-, nesses. Other states tax specific ; services, largely limited to clean- ing, maintenance and delivery i services. , Although broadening of the sales tax base by taxing services may result in a lower tax rate, it would be questionable whether it . would reduce the impact on lower income families as proponents propo-nents hope. Sales taxes tend to be regressive-to take a larger share of low incomes than of higher incomes-and so bear more heavily heavi-ly on the poor. By placing a sales tax on medical or insurance services the total tax impact could be equivalent equiva-lent if not greater to what now ' exists on lower incomes. The ; impact to Utah's families would depend entirely on which services : were taxed. What is certain is that extend- . ing sales taxes to services used by businesses raises very difficult issues. First, a sales tax on business 30 25 20 15 10 5 0 J m J" 400 State InheritanceTransfer Tax. AH assets must be valued at the date of death value, including i those being transferred by contract. con-tract. Death taxes are generally computed on these values. All payments made to creditors after death are allowed as deductions in computing the amount of death taxes to be paid. Once these taxes are paid and( the clearances are received from the taxing authority, the Personal! Representative can take the final steps to fulfill his or her duties. This deals with the final distribution distribu-tion of the assets of your estate, whether under the terms of your Will or according to your State's laws of the intestacy, to those entitled to receive them. Usually, all of these duties are performed with the help and guidance of an attorney, who should be experienced in the probate process. In addition, the .-impossible! make the turn, at the very risk of my life and vehicle, the line of cars behind me extended almost to the exit from 1-15. Why? Because the unfeeling drivers cutting to the west and turning around made it impossible for any reasonable flow to turn east! Just as a break in the over-the-bridge traffic going west opened, here came a non-legitimate ding-a-ling streaking east-bound east-bound thus negating any possible break in west-bound traffic to those of us who desired to get home also. I am aware there is apparently ' no law forbidding rude people from turning west and dien coming com-ing back east. But, you, Springville Herald, might champion the cause of my frustration by having UDOT or the City of Springville do one of the following: purchases is likely to be passed along to the consumer in the price of goods or services. If a business's products are also subject to sales tax, "pyramiding" or "cascading" can result. This means the imposition of a sales tax on top of a sales tax. Utah recognizes this problem by exempting from the sales tax products for resale and machinery used in the production of processes. process-es. Such exemptions are easier to administer for goods than for services, which can be hard to track through the production process. Another complication is that sales taxes on some business services can create competitive advantages for businesses that can provide the service in-house. For example, if accounting or legal ; services were taxed, a company may bring those services in-house in order to avoid the tax. A company that employed its own accounting or legal staff would have an advantage over a company compa-ny that had to use outside services. servic-es. Smaller firms would pay a disproportionate share of the tax because they have much less ability to provide services to themselves. Sales taxes on business services servic-es would also put the state at a competitive disadvantage against states that do not levy sales taxes on business services. Many business busi-ness and professional services are just as easily provided from Nevada as from Utah. Utah Payroll by Industry Demonstrated Growth in Service Sector The Tremendous Growth in the Service Sector is the Reason Many Elected Officials are Looking to it as a Source of Sales Tax Revenue. rJl (11 .? oft ivO" D 1950 B 1990 B 2001, court must approve the Representative's Represen-tative's actions before closing the estate. The duties of your Personal Representative can be complicated, complicat-ed, although it may not seem so initially from this brief description. descrip-tion. That's why it is important that YOU name the person who is to stand in your shoes to handle han-dle your affairs upon your death, and not the court. You can accomplish ac-complish this best by dealing with an' attorney who is experienced experi-enced in estate planning... Randall J. Holmgren is a i member of the American Acade-f Acade-f my of Estate Planning Attorneys and has been a licensed attorney in Utah for the past 18 years. For more information, or to arrange a no-cost consultation about a specific estate planning or estate tax problem, call (801) 366-9966 or email rjhmyestatematters.c-om. A. An additional automatic traffic light on that particular intersection to at least allow a legal break in the flow of eastwest-bound traffic, thus allowing vehicles leaving 1-15 or west-bound vehicles hoping to enter 1-15 to the south an opportunity oppor-tunity to do so. B. At least post stop signs east and west, again promoting a regulated flow of traffic. C. Allow the Chevron Station owner to put up toll gates for those who use his pump islands for a quick non-paying turnaround. turn-around. D. Create a city ordinance that would require rude west-bound dudes to drive at least five miles to the west before; turning back east. Post the police to watch.' Respectfully Leo Lee Springville In recent years, states have tended to remove sales taxes from machinery used in productive produc-tive processes for reasons of interstate competition for economic eco-nomic development. Sales taxes on business services could raise similar issues of interstate competitiveness. com-petitiveness. Another difficult issue is taxing services "imported" from out of state. States impose use taxes on goods brought into a state in order to preserve the competitive position of in-state sellers. This is much harder to do with some services. For example, legal and accounting services can originate in more than one state for users in more than one state. Where should the service be taxed? While there are ways to approach ap-proach such problems, they are not as easily resolved as in the case of goods, and some services are much tougher to deal with than others. This problem applies mainly to professional services like law, accounting and advertising. advertis-ing. Imposing a sales tax on services ser-vices will also encourage existing service businesses, which are traditionally much more mobile than other capital intensive industries, indus-tries, to relocate to other states. If a tax on service is to be applied, it should be on consumer services, not business and professional profes-sional services. Vl fi rTl |