Monday, May 19, 2008

Tax Exemptions for Bonds Upheld

WASHINGTON (AP) — The Supreme Court has upheld long-standing state tax exemptions for municipal bonds.

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Before the Court: Are Munis Like Milk, or Garbage?
(Nov. 6, 2007) In a 7-2 ruling Monday in a case from Kentucky, the justices permitted states to exempt interest on their own bonds from taxation while taxing residents for interest on bonds issued by other states.

In the $2.5 trillion municipal bond market, 42 states exempt some or all interest on their bonds from income taxes, while taxing interest on bonds from other states.

The states have said that throwing out the system of exemptions that began 90 years ago would have a devastating impact on state finances.

Industry groups warned of possible turmoil in the municipal bond market if the existing setup were dismantled.

In the majority opinion, Justice David Souter said that Kentucky’s version of the tax exemption — similar to that in most other states — does not violate the Constitution’s commerce clause.

In dissent, Justice Samuel Alito said the majority decision is protectionist and “invites other protectionist laws.”

Justice Souter responded that that the dissent “rightly praises the virtues of the free market.” But he said that overturning the tax exemptions now would upset the market in bonds based on the experience of nearly a century.

Some $432 billion in municipal bonds were issued in 2006 alone. In 2004, some 4.4 million investors earned $52 billion in interest on municipal bonds.

Municipal bonds finance the operations of state and local governments, education, the purchase of public lands as well as the construction and improvement of public buildings, transportation systems and water and sewer facilities.

A separate category of municipal bonds called private-activity bonds supports non-governmental entities including hospitals and health care facilities, small manufacturing plants, colleges and universities, airports, even the rebuilding of areas hit by the Sept. 11, 2001 terrorist attacks.

In the case before the court, two taxpayers, George and Catherine Davis of Jefferson County, Ky., challenged Kentucky law because it required the couple to pay income tax on bonds they held from other states.

The Davises said Kentucky law violates the commerce clause of the United States Constitution giving Congress authority to regulate commerce among the states. It is well established in the courts that the commerce clause prohibits states from discriminating against interstate trade.

Pursuit of Yahoo Shows Microsoft Needs a Franchise

Two weeks after walking away from takeover talks with Yahoo, Microsoft has made it clear that it still needs to create an Internet powerhouse that could rival Google — and that its interest in Yahoo has not waned.


Times Topics: Microsoft-Yahoo DealMicrosoft said on Sunday that it had approached Yahoo, this time with an ostensibly narrower aim: a collaboration on Internet advertising. But it hinted that it could still seek a takeover down the road.

The renewed talks reflect both Microsoft’s fears and Yahoo’s potential ills. Microsoft wants to head off any collaboration on advertising between Yahoo and the market leader, Google. At the same time, Microsoft is seeking to capitalize on the perceived weakness of Yahoo, which is facing a proxy battle with the activist investor Carl C. Icahn over the failed takeover talks.

Mr. Icahn, who has made a career out of agitating for change at some of the nation’s largest companies, bought a stake in Yahoo after the Microsoft takeover negotiations collapsed. He has named a slate of directors and threatened to unseat Yahoo’s management — or at least push Yahoo back into Microsoft’s arms.

On Monday morning, the report of Microsoft’s renewed interest in Yahoo had only a mild effect on the two companies’ stocks. In early trading, Yahoo was at $27.98, up 32 cents, and Microsoft was at $29.69, off 30 cents.

Microsoft released a brief statement on Sunday disclosing the renewed talks, a surprising reversal just weeks after it withdrew its $47.5 billion bid for Yahoo and said it had “moved on.”

In an e-mail message to Microsoft employees on Sunday afternoon, a senior Microsoft executive seemed to acknowledge that moving on might be difficult.

In his memo, Kevin Johnson, the executive in charge of Microsoft’s Internet business, emphasized the urgency felt at Microsoft about its failure to make more progress in catching up to Google.

“Regardless of the outcome of any new discussions,” he wrote, “it is important that we continue to move forward to strengthen our online services business. The fact is that we are not where we want to be in this business yet and we’ve been in this position longer than we’d all like.”

Mr. Johnson then outlined Microsoft’s ambitious agenda in Internet search and online advertising, exploiting the company’s strengths in desktop software and newer fields like cellphone software. Among the goals enumerated in the memo are to “innovate and disrupt in search,” “win in display” ads online and “reinvent portal and social media experiences.”

Microsoft’s hastily revived effort to reach some kind of deal with Yahoo seems to suggest that the software giant has doubts about whether it can achieve those goals on its own.

Indeed, Microsoft’s on-again, off-again interest in Yahoo has raised questions from analysts, investors, customers and employees about its strategy. Amid the discussions, Microsoft is scheduled to present its online strategy to advertisers at a gathering this week.

People involved in the confidential discussions between Microsoft and Yahoo said the talks centered on a partnership or joint venture for search-related advertising to compete against Google. When Microsoft first made its unsolicited bid of $31 a share for Yahoo in February, it said it was doing so as part of its battle to increase its relatively small slice of the search-related advertising market against Google, a giant with about 60 percent of the United States market, according to the measurement firm comScore.

By comparison, Yahoo has about 21 percent of the market, and Microsoft has about 9 percent, comScore said.

The timing of Microsoft’s new approach may be a turning point in the months-long story or just an opportunistic effort to further insert itself into a dance between Yahoo and Google. Yahoo has been racing to complete its own partnership with Google and was expected to announce a formal agreement as early as this week. A Yahoo-Google partnership, which would likely face antitrust scrutiny, could make Yahoo a less desirable partner or takeover candidate for Microsoft.

The Google-Yahoo discussions have been centered around the notion of Google delivering ads alongside some Yahoo searches. Such a deal would help Yahoo generate more cash, because Google’s search advertising technology is more sophisticated and is used by more advertisers. As a result, Google earns more on every search than its competitors, on average.

A similar partnership between Yahoo and Microsoft might not have the same effect, because Microsoft’s base of advertisers is smaller than Yahoo’s. People involved in the confidential discussions said that search advertising was certainly a part of Microsoft’s renewed interest in Yahoo, but they cautioned that any relationship being discussed might be different from the one the company had been contemplating with Google.

A Google representative did not return a phone call seeking comment.

It is unclear whether Microsoft would pursue a takeover bid again. In its statement on Sunday, Microsoft insisted it was not making such a bid, but hinted that it could be persuaded to reverse course.

“Microsoft is not proposing to make a new bid to acquire all of Yahoo at this time, but reserves the right to reconsider that alternative depending on future developments and discussions that may take place with Yahoo or discussions with shareholders of Yahoo or Microsoft or with other third parties,” the company said.

The new discussions also come as Yahoo is facing increasing pressure from shareholders, some of whom are furious that its board did not work harder to reach a deal to sell the company to Microsoft. Last week, Mr. Icahn said the directors had “acted irrationally and lost the faith of shareholders.” People close to Microsoft and Mr. Icahn say that neither has been in contact with the other.

Yahoo released a statement late on Sunday saying that it continues to explore strategic alternatives and remains open to any proposals that are good for its shareholders.

“Yahoo’s board of directors will evaluate each of our alternatives, including any Microsoft proposal, consistent with its fiduciary duties, with a focus on maximizing stockholder value,” the statement said. Yahoo also said that it had confirmed with Microsoft that the software giant was not interested an outright acquisition of Yahoo at this time.

Pursuit of Yahoo Shows Microsoft Needs a Franchise

Two weeks after walking away from takeover talks with Yahoo, Microsoft has made it clear that it still needs to create an Internet powerhouse that could rival Google — and that its interest in Yahoo has not waned.


Times Topics: Microsoft-Yahoo DealMicrosoft said on Sunday that it had approached Yahoo, this time with an ostensibly narrower aim: a collaboration on Internet advertising. But it hinted that it could still seek a takeover down the road.

The renewed talks reflect both Microsoft’s fears and Yahoo’s potential ills. Microsoft wants to head off any collaboration on advertising between Yahoo and the market leader, Google. At the same time, Microsoft is seeking to capitalize on the perceived weakness of Yahoo, which is facing a proxy battle with the activist investor Carl C. Icahn over the failed takeover talks.

Mr. Icahn, who has made a career out of agitating for change at some of the nation’s largest companies, bought a stake in Yahoo after the Microsoft takeover negotiations collapsed. He has named a slate of directors and threatened to unseat Yahoo’s management — or at least push Yahoo back into Microsoft’s arms.

On Monday morning, the report of Microsoft’s renewed interest in Yahoo had only a mild effect on the two companies’ stocks. In early trading, Yahoo was at $27.98, up 32 cents, and Microsoft was at $29.69, off 30 cents.

Microsoft released a brief statement on Sunday disclosing the renewed talks, a surprising reversal just weeks after it withdrew its $47.5 billion bid for Yahoo and said it had “moved on.”

In an e-mail message to Microsoft employees on Sunday afternoon, a senior Microsoft executive seemed to acknowledge that moving on might be difficult.

In his memo, Kevin Johnson, the executive in charge of Microsoft’s Internet business, emphasized the urgency felt at Microsoft about its failure to make more progress in catching up to Google.

“Regardless of the outcome of any new discussions,” he wrote, “it is important that we continue to move forward to strengthen our online services business. The fact is that we are not where we want to be in this business yet and we’ve been in this position longer than we’d all like.”

Mr. Johnson then outlined Microsoft’s ambitious agenda in Internet search and online advertising, exploiting the company’s strengths in desktop software and newer fields like cellphone software. Among the goals enumerated in the memo are to “innovate and disrupt in search,” “win in display” ads online and “reinvent portal and social media experiences.”

Microsoft’s hastily revived effort to reach some kind of deal with Yahoo seems to suggest that the software giant has doubts about whether it can achieve those goals on its own.

Indeed, Microsoft’s on-again, off-again interest in Yahoo has raised questions from analysts, investors, customers and employees about its strategy. Amid the discussions, Microsoft is scheduled to present its online strategy to advertisers at a gathering this week.

People involved in the confidential discussions between Microsoft and Yahoo said the talks centered on a partnership or joint venture for search-related advertising to compete against Google. When Microsoft first made its unsolicited bid of $31 a share for Yahoo in February, it said it was doing so as part of its battle to increase its relatively small slice of the search-related advertising market against Google, a giant with about 60 percent of the United States market, according to the measurement firm comScore.

By comparison, Yahoo has about 21 percent of the market, and Microsoft has about 9 percent, comScore said.

The timing of Microsoft’s new approach may be a turning point in the months-long story or just an opportunistic effort to further insert itself into a dance between Yahoo and Google. Yahoo has been racing to complete its own partnership with Google and was expected to announce a formal agreement as early as this week. A Yahoo-Google partnership, which would likely face antitrust scrutiny, could make Yahoo a less desirable partner or takeover candidate for Microsoft.

The Google-Yahoo discussions have been centered around the notion of Google delivering ads alongside some Yahoo searches. Such a deal would help Yahoo generate more cash, because Google’s search advertising technology is more sophisticated and is used by more advertisers. As a result, Google earns more on every search than its competitors, on average.

A similar partnership between Yahoo and Microsoft might not have the same effect, because Microsoft’s base of advertisers is smaller than Yahoo’s. People involved in the confidential discussions said that search advertising was certainly a part of Microsoft’s renewed interest in Yahoo, but they cautioned that any relationship being discussed might be different from the one the company had been contemplating with Google.

A Google representative did not return a phone call seeking comment.

It is unclear whether Microsoft would pursue a takeover bid again. In its statement on Sunday, Microsoft insisted it was not making such a bid, but hinted that it could be persuaded to reverse course.

“Microsoft is not proposing to make a new bid to acquire all of Yahoo at this time, but reserves the right to reconsider that alternative depending on future developments and discussions that may take place with Yahoo or discussions with shareholders of Yahoo or Microsoft or with other third parties,” the company said.

The new discussions also come as Yahoo is facing increasing pressure from shareholders, some of whom are furious that its board did not work harder to reach a deal to sell the company to Microsoft. Last week, Mr. Icahn said the directors had “acted irrationally and lost the faith of shareholders.” People close to Microsoft and Mr. Icahn say that neither has been in contact with the other.

Yahoo released a statement late on Sunday saying that it continues to explore strategic alternatives and remains open to any proposals that are good for its shareholders.

“Yahoo’s board of directors will evaluate each of our alternatives, including any Microsoft proposal, consistent with its fiduciary duties, with a focus on maximizing stockholder value,” the statement said. Yahoo also said that it had confirmed with Microsoft that the software giant was not interested an outright acquisition of Yahoo at this time.

Pursuit of Yahoo Shows Microsoft Needs a Franchise

Two weeks after walking away from takeover talks with Yahoo, Microsoft has made it clear that it still needs to create an Internet powerhouse that could rival Google — and that its interest in Yahoo has not waned.


Times Topics: Microsoft-Yahoo DealMicrosoft said on Sunday that it had approached Yahoo, this time with an ostensibly narrower aim: a collaboration on Internet advertising. But it hinted that it could still seek a takeover down the road.

The renewed talks reflect both Microsoft’s fears and Yahoo’s potential ills. Microsoft wants to head off any collaboration on advertising between Yahoo and the market leader, Google. At the same time, Microsoft is seeking to capitalize on the perceived weakness of Yahoo, which is facing a proxy battle with the activist investor Carl C. Icahn over the failed takeover talks.

Mr. Icahn, who has made a career out of agitating for change at some of the nation’s largest companies, bought a stake in Yahoo after the Microsoft takeover negotiations collapsed. He has named a slate of directors and threatened to unseat Yahoo’s management — or at least push Yahoo back into Microsoft’s arms.

On Monday morning, the report of Microsoft’s renewed interest in Yahoo had only a mild effect on the two companies’ stocks. In early trading, Yahoo was at $27.98, up 32 cents, and Microsoft was at $29.69, off 30 cents.

Microsoft released a brief statement on Sunday disclosing the renewed talks, a surprising reversal just weeks after it withdrew its $47.5 billion bid for Yahoo and said it had “moved on.”

In an e-mail message to Microsoft employees on Sunday afternoon, a senior Microsoft executive seemed to acknowledge that moving on might be difficult.

In his memo, Kevin Johnson, the executive in charge of Microsoft’s Internet business, emphasized the urgency felt at Microsoft about its failure to make more progress in catching up to Google.

“Regardless of the outcome of any new discussions,” he wrote, “it is important that we continue to move forward to strengthen our online services business. The fact is that we are not where we want to be in this business yet and we’ve been in this position longer than we’d all like.”

Mr. Johnson then outlined Microsoft’s ambitious agenda in Internet search and online advertising, exploiting the company’s strengths in desktop software and newer fields like cellphone software. Among the goals enumerated in the memo are to “innovate and disrupt in search,” “win in display” ads online and “reinvent portal and social media experiences.”

Microsoft’s hastily revived effort to reach some kind of deal with Yahoo seems to suggest that the software giant has doubts about whether it can achieve those goals on its own.

Indeed, Microsoft’s on-again, off-again interest in Yahoo has raised questions from analysts, investors, customers and employees about its strategy. Amid the discussions, Microsoft is scheduled to present its online strategy to advertisers at a gathering this week.

People involved in the confidential discussions between Microsoft and Yahoo said the talks centered on a partnership or joint venture for search-related advertising to compete against Google. When Microsoft first made its unsolicited bid of $31 a share for Yahoo in February, it said it was doing so as part of its battle to increase its relatively small slice of the search-related advertising market against Google, a giant with about 60 percent of the United States market, according to the measurement firm comScore.

By comparison, Yahoo has about 21 percent of the market, and Microsoft has about 9 percent, comScore said.

The timing of Microsoft’s new approach may be a turning point in the months-long story or just an opportunistic effort to further insert itself into a dance between Yahoo and Google. Yahoo has been racing to complete its own partnership with Google and was expected to announce a formal agreement as early as this week. A Yahoo-Google partnership, which would likely face antitrust scrutiny, could make Yahoo a less desirable partner or takeover candidate for Microsoft.

The Google-Yahoo discussions have been centered around the notion of Google delivering ads alongside some Yahoo searches. Such a deal would help Yahoo generate more cash, because Google’s search advertising technology is more sophisticated and is used by more advertisers. As a result, Google earns more on every search than its competitors, on average.

A similar partnership between Yahoo and Microsoft might not have the same effect, because Microsoft’s base of advertisers is smaller than Yahoo’s. People involved in the confidential discussions said that search advertising was certainly a part of Microsoft’s renewed interest in Yahoo, but they cautioned that any relationship being discussed might be different from the one the company had been contemplating with Google.

A Google representative did not return a phone call seeking comment.

It is unclear whether Microsoft would pursue a takeover bid again. In its statement on Sunday, Microsoft insisted it was not making such a bid, but hinted that it could be persuaded to reverse course.

“Microsoft is not proposing to make a new bid to acquire all of Yahoo at this time, but reserves the right to reconsider that alternative depending on future developments and discussions that may take place with Yahoo or discussions with shareholders of Yahoo or Microsoft or with other third parties,” the company said.

The new discussions also come as Yahoo is facing increasing pressure from shareholders, some of whom are furious that its board did not work harder to reach a deal to sell the company to Microsoft. Last week, Mr. Icahn said the directors had “acted irrationally and lost the faith of shareholders.” People close to Microsoft and Mr. Icahn say that neither has been in contact with the other.

Yahoo released a statement late on Sunday saying that it continues to explore strategic alternatives and remains open to any proposals that are good for its shareholders.

“Yahoo’s board of directors will evaluate each of our alternatives, including any Microsoft proposal, consistent with its fiduciary duties, with a focus on maximizing stockholder value,” the statement said. Yahoo also said that it had confirmed with Microsoft that the software giant was not interested an outright acquisition of Yahoo at this time.

Sunday, May 18, 2008

MICROSOFT ABOUT AN ALTERNATIVE TRANSACTION TALKS WITH YAHOO

(CNN) -- Microsoft is talking to Yahoo! about an alternative transaction that doesn't involve an acquisition, the world's largest software maker said Sunday.


Yahoo said it is open to "pursuing any transaction which is in the best interest of our stockholders."

The announcement comes two weeks after Microsoft abruptly stopped its pursuit of Yahoo, withdrawing a sweetened $46 billion offer and saying it would not make a hostile bid for the Internet company.

"Microsoft is considering and has raised with Yahoo! an alternative that would involve a transaction with Yahoo! but not an acquisition of all of Yahoo!," a Microsoft statement said Sunday. "Microsoft is not proposing to make a new bid to acquire all of Yahoo! at this time, but reserves the right to reconsider that alternative .... There of course can be no assurance that any transaction will result from these discussions."

In response, Yahoo issued a statement in the evening, saying the company "has confirmed with Microsoft that it is not interested in pursuing an acquisition of all of Yahoo! at this time."

The statement goes on to say, Yahoo is open to "pursuing any transaction which is in the best interest of our stockholders," and that the company would be willing to evaluate alternative transactions, including "any Microsoft proposal."

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Microsoft has said the breakdown of the acquisition proposal came despite having raised its bid to $33 a share -- $5 billion above what it said was the current value of the offer -- and a 70 percent premium compared to its original offer.

Yahoo's board unanimously rejected the deal, saying it "substantially" undervalued the company.
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Copyright 2008 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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