Houston beats Bengals 19-13 in wild-card playoff

HOUSTON (AP) — J.J. Watt swatted away passes, Arian Foster ran away from tacklers and the Houston Texans did just enough to knock Cincinnati out of the playoffs for the second straight year.

Matt Schaub made his postseason debut a successful one when Foster's 1-yard touchdown in third quarter helped the Texans to a 19-13 AFC wild-card playoff win over the Bengals on Saturday.

Now comes the big test. The Texans (13-4) move on to the second round on Jan. 13, when they visit the New England Patriots, who beat them 42-14 in Week 14.

Shayne Graham kicked four field goals for the Texans, while Foster finished with 140 yards and became the first NFL player to have 100-yard games in each of his first three playoff games. Watt finished with a sack and swatted away two of Andy Dalton's pass attempts, once wagging his finger at the Bengals quarterback after the play.

The Texans had trouble finishing drives and managed three field goals in the first half against the Bengals (10-7). Houston struck first after the break, with Foster scoring the game's only offensive touchdown to make it 16-7.

Schaub, who missed last year's playoffs with a foot injury, had an interception returned for a touchdown by Leon Hall before halftime.

"It was never easy," Schaub said. "Cincinnati is a great team. I made a turnover and gave them points. We just had to rally around each other and we did that."

Johnathan Joseph, a former Bengal, came up with an interception for the Texans, who kept Cincinnati without a playoff win since 1991, the league's longest current streak.

"I think it was a full defensive effort, everybody was flying around and we were getting off the field on third downs," Watt said.

Houston had struggled on third downs lately. This time, the Texans didn't let the Bengals convert a third down on nine tries.

The Texans rebounded from a terrible month where they lost three of four games and the No. 1 seed in the AFC playoffs. The win came in front of a record crowd of 71,738, including former Oilers great Earl Campbell.

"We like to run the ball and play good defense," Foster said. "It only takes one week to turn things around in the NFL and we did that."

Schaub shook off his first-half miscue to finish 29 of 38 for 262 yards.

The Bengals couldn't do anything offensively before the break, and were outgained 250-53 in the first half. Dalton was 4 of 10 for 3 yards in the first half. He finished 14 of 30 for 127 yards.

Houston piled up 351 yards and held the ball for 32 minutes through three quarters, but got into the end zone only once.

Dalton's 45-yard pass to A.J. Green got Cincinnati moving in the third quarter and set up Josh Brown's 34-yard field goal. When Dalton tried to go to Green again, Joseph intercepted and got the Texans in scoring range again as the quarter ended.

In last year's playoffs, the Texans trounced the Bengals 31-10, with Dalton throwing three interceptions.

The main difference in this one: Schaub was back in charge for Houston. Rookie T.J. Yates filled in for Schaub, got the Texans a win in their first-ever playoff game, but couldn't take them any farther.

On their second possession, the Texans started moving. Schaub completed an 18-yard pass, Foster had a 17-yard run and Keshawn Martin went 16 yards on a reverse, setting up Graham's field goal.

It became a pattern — move the ball down the field, settle for three points. The fans started booing.

And then Schaub did the one thing he wanted to avoid — he let Cincinnati's defense get its hands on the ball. Hall anticipated Schaub's throw, stepped in front and returned it untouched, high-stepping the last few yards, for the defense's fourth touchdown in the last four games.

Hall also ran back an interception 17 yards for the only Bengals touchdown in a 13-10 win over Pittsburgh that clinched a playoff spot. It was the first interception return for a touchdown against the Texans this season.

Like the Texans, the Bengals ended the season by hitting a wall on offense — one touchdown in the last two games. The offensive woes continued on Saturday when the Bengals failed to score a touchdown on offense again.

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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.

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Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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New High for Tuna at Tokyo Fish Sale

TOKYO — Tokyo’s main fish market ushered in the new year with an auction on Saturday that resulted in the highest price paid here, and probably anywhere, for a tuna.

A Tokyo-based sushi restaurant chain owner paid 155.4 million yen, or about $1.76 million, for a 488-pound bluefin, or about $3,600 per pound.

The record price was offered at the year’s first auction at the Tsukiji fish market, which provides Tokyo with much of its fresh fish. Restaurant owners from Japan and elsewhere in Asia compete annually for the prestige of buying the year’s first tuna, whose meat is prized by sushi fans. Conservationists warn that bluefin has been severely overfished.

The winning bidder was Kiyoshi Kimura, president of the company that runs the Sushi Zanmai chain. The bluefin was caught by a fisherman from Oma, a town renowned in Japan as the source of the most delicious tuna.

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China Says Reporter for The Times Was Not Expelled

BEIJING — Responding for the first time publicly to the case of a reporter for The New York Times who was forced to leave mainland China, the country’s Foreign Ministry said on Friday that he had not been expelled but that his visa application had simply been filed incorrectly.

Speaking at the Foreign Ministry’s daily news briefing, Hua Chunying, a spokeswoman, said foreign news organizations were to blame for the departure on Monday of Chris Buckley, a 45-year-old Australian who had been a correspondent for Reuters until September, when he rejoined The Times.

Ms. Hua said the ministry had not been properly informed of his changed status.

“So far, we have neither received any notice of resignation (from Reuters), nor has the press card, which was issued by the information department (of the Foreign Ministry), been returned by Chris Buckley,” Ms. Hua said, according to the Xinhua news agency. “So, we do not know who his real boss is now.”

When Mr. Buckley’s visa, which had been issued while he worked for Reuters, ran out on Dec. 31, he and his family were forced to fly to Hong Kong, despite repeated requests from The Times for a new visa to be issued.

Ms. Hua said Mr. Buckley had not been expelled.

“There has been no such thing as a rejection of a visa extension, and there is no such thing as Chris being expelled,” Ms. Hua said, according to The Associated Press.

On a related matter, The Times is also waiting for the visa of its new Beijing bureau chief, Philip P. Pan, to be issued. Mr. Pan first requested a visa last March. The English- and Chinese-language Web sites of The Times have been blocked in China since October, when it published an investigative article about the finances of the family of China’s premier, Wen Jiabao.

This article has been revised to reflect the following correction:

Correction: January 4, 2013

An earlier version of this article misstated the job title of Philip P. Pan. He is the new Beijing bureau chief of The New York Times, not the China bureau chief.

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How BuzzFeed Is Betting on Hollywood, Long-Form Writing to Grow

LOS ANGELES (TheWrap.com) – Last January, BuzzFeed, then an aggregator of memes and cat videos, secured a $ 15.5 million round of venture capital to beef up a craft that most traditional media was downsizing: journalism.

It hired dozens of reporters and editors, opened bureaus in Washington, D.C., and Los Angeles and became a must-read for political junkies during the 2012 presidential election.

On Thursday, the company took another step.

It added adding a fourth round of capital investment – this time worth $ 19.3 million. And it plans to expand in two major ways: literary, long-form journalism like the kind practiced by New York magazine and the New Yorker, and – with two former Los Angeles Times staffers newly on board – its Hollywood coverage.

BuzzFeed’s been on a roll. According to the privately held company‘s internal traffic numbers, the 8 million unique monthly visitors it drew in 2008 has swelled to 40 million, and revenue for 2012 may triple that of 2011, a spokeswoman for BuzzFeed told TheWrap.

Writing in the Wall Street Journal on Friday, Tom Gara reported that some analysts place the company’s valuation at $ 200 million and say that revenues may reach $ 40 million this year.

Most of BuzzFeed’s traffic currently comes from its odd mix of news and eccentricity on the homepage. Friday morning, spotlighted stories ranged from J.J. Abrams screening his new “Star Trek” for a dying fan and Sen. Tammy Baldwin talking about breaking the glass ceiling to: “How to Murder Your Friend’s Facebook Page” and “Here Are Some Elephants Eating Christmas Trees.”

But there’s no question things are changing.

The first thing CEO Jonah Peretti did with his 2012 investment cash was hire Ben Smith, a Politico veteran, as the site’s first editor-in-chief. Smith then kicked off a hiring spree of reporters and got to work. Already BuzzFeed is beginning to break stories and get quoted by aggregators.

McKay Coppins, the site’s political editor, embedded with Republican presidential nominee Mitt Romney’s campaign. John Stanton, a veteran reporter in Washington, was named BuzzFeed’s first D.C. bureau chief. Michael Hastings, the dogged journalist whose Rolling Stone exposé of Gen. Stanley McChrystal’s private disagreements with President Obama over Afghanistan led to his resignation, joined the team.

Then, less than a year into its political foray, the site hired former Spin magazine chief Steve Kandell to make the push for longform journalism.

It began with an experiment – a 7,118-word post from last October titled “Can You Die From a Nightmare?” that garnered more than 115,000 hits. Another in October titled “Making Mitt: The Myth of George Romney” drew nearly 130,000 views. This convinced Smith and his team that literary journalism had a niche in the viral news market.

Despite the internet school of thought that briefer is better, Kandell said he has no plans to restrict stories’ word counts.

“If someone has a story that has to be 10,000 words, I don’t know why that couldn’t be,” Kandell said.

“I don’t think people necessarily have a certain fatigue level when it gets to a certain length and people start trailing out.”

Kandell says he plans in the coming months to start publishing at least one long-form story a week and may even start packaging and selling the stories as Amazon Kindle singles or as audiobooks.

Kandell assembled a “Best of 2012″ post for his nascent section of the site. The stories ranged from the tale of BuzzFeed’s own political editor Coppins, a Mormon, watching attitudes toward his and Romney’s religion change throughout the campaign to an inside look at the “Dark World of Online Sugar Daddies.”

Plans are to cover more foreign policy and national security issues from a Washington-centered perspective – and to add Hollywood into the mix. The only hands-off topic, apparently, will be international news.

“We’ve played around with ways to make world news more sharable, just like every editor at every publication,” he said, noting that readers liked a roundup of Instagram photos of the civil war in Syria. “It’s really hard, it’s not something we want to jump into without really knowing what we’re doing.”

As for Hollywood, BuzzFeed hired Richard Rushfield, former entertainment editor of LATimes.com, and ex-Times television editor Kate Aurthur, also a former Daily Beast staffer, to jump-start its bureau.

Smith said he plans to forge a presence in Los Angeles second only to its flagship New York bureau. A Hollywood vertical is expected to launch on January 7.

To that end, the site is entering a crowded space – one dominated by publications like Variety, the Hollywood Reporter, TheWrap, Vulture and the Times – but Rushfield said he plans to cover entertainment through BuzzFeed’s social-web lens: If it’s irresistibly share-worthy, it’s publishable.

“We have a unique position, despite how crowded the beat is,” Rushfield told TheWrap, adding that they won’t be competing with trades over stories concerning studio executives and casting deals. “One of our advantages is that we are not going to be going after every single story that the trades are – we have more room to take the things that we think can be interesting. What BuzzFeed is about is writing news that will be of interest to the social web.”

Now the trick is to make all these editorial investments worthwhile financially.

Revenue growth from its advertising model has been climbing, chief operating officer Jon Steinberg told TheWrap.

Forgoing the usual banners and display ads, BuzzFeed offers its clients “branded content.” For example, Scope mouthwash sponsored a “listicle” on the most “courageous” mustaches.

To that end, the advertising team, which is made up of 20 people that report to Steinberg, works with brands from General Electric to Virgin Mobile to devise sharable pieces of content.

The ratio of advertorial to editorial content on the homepage is usually about one to every six or so stories,” he said.

Those branded-content headlines garner 10-20 times the click-through rates of blinking banner and display ads, Steinberg told TheWrap.

“You compare those ads in the 1950s to modern advertising, you realize how broken modern advertising is,” Steinberg said. “Most publishers and media companies say you can’t make money on modern advertising.”

But – though he declined to reveal exact numbers, as BuzzFeed is a private company – the model helped to increase revenue last year and has allowed the publication to focus solely on its advertising stream.

He said the company has no immediate plans to enter the conference business popular with online publications including the Business Insider, AllThingsD and TheWrap.

“This is our Google ad words,” Steinberg said of the innovative advertising tool that Google pioneered in the mid-2000s. “If we were Apple, this would be our manufacturing of great hardware products.”

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AP Source: Browns close to deal with Kelly

CLEVELAND (AP) — Chip Kelly is close to taking his fast-paced offense to the NFL.

A person familiar with the negotiations says the Cleveland Browns are nearing a deal with Oregon's offensive mastermind to be their next coach.

The Browns interviewed Kelly on Friday and the Ducks coach was supposed to meet with Philadelphia in Arizona. However, a person familiar with the interviews says the Eagles are "heading in another direction" because Kelly is nearing a deal with Cleveland.

That person, who spoke to The Associated Press on condition of anonymity because the team isn't discussing its negotiations publicly, said the Eagles planned to interview several other candidates regardless of any conversations with Kelly.

The Eagles were granted permission Friday to interview Colts offensive coordinator Bruce Arians and Seahawks defensive coordinator Gus Bradley and are scheduled to meet with Broncos offensive coordinator Mike McCoy on Sunday.

Following Oregon's win over Kansas State in the Fiesta Bowl on Thursday night, the 49-year-old Kelly said he wanted to get the interview process over "quickly."

He turned down an offer from Tampa Bay last year to return for his fourth season at Oregon, where he is 46-7. He has boosted the school's national profile — flashy uniforms helped — with a high-powered offense capable of turning any game into a track meet.

"It's more a fact-finding mission, finding out if it fits or doesn't fit," Kelly said after the Ducks beat No. 7 Kansas State 35-17. "I've been in one interview in my life for the National Football League, and that was a year ago. I don't really have any preconceived notions about it. I think that's what this deal is all about for me. It's not going to affect us in terms of we're not on the road (recruiting). I'll get an opportunity if people do call, see where they are.

"I want to get it wrapped up quickly and figure out where I'm going to be."

Kelly has been at the top of the Browns' list of candidates since the team fired Pat Shurmur, who went 9-23 in two seasons. Cleveland owner Jimmy Haslam and CEO Joe Banner have been conducting interviews in Arizona all week, searching for the team's sixth coach since 1999.

The Browns, who have only made the playoffs once in 14 seasons, have declined comment on any interviews.

Cardinals defensive coordinator Ray Horton confirmed he interviewed with Cleveland earlier this week. The Browns have reportedly met with former Arizona coach Ken Whisenhunt, Syracuse coach Doug Marrone and Penn State's Bill O'Brien, who removed himself from any consideration on Thursday night and intends to stay at the school.

Kelly doesn't have any NFL coaching experience, but aspects of his up-tempo offense are already being used by some teams.

Kelly wouldn't say if he was leaning one way or another following the Ducks' bowl win.

"I said I'll always listen, and that's what I'll do," he said. "I know that people want to talk to me because of our players. The success of our football program has always been about our guys. It's an honor for someone to say they'd want to talk to me about maybe moving on to go coach in the National Football League. But it's because of what those guys do. I'll listen, and we'll see."

Oregon could be facing possible NCAA sanctions for the school's use of recruiting services, but Kelly indicated he isn't running from anything.

"We've cooperated fully with them," he said. "If they want to talk to us again, we'll continue to cooperate fully. I feel confident in the situation."

Oregon's players gave Kelly a Gatorade bath as the final seconds ticked off the clock in Thursday night's game, and afterward a few of the Ducks seemed resigned to their coach moving on.

"We'll have to see," quarterback Marcus Mariota said. "Whatever he decides to do, we're all behind him. He's an unbelievable coach. He's not only a football coach, but he's someone that you can look to and learn a lot of life lessons from. Whatever happens, happens. But we're all behind him.

"We'll see where it takes us."

___

AP Football Writer Rob Maaddi in Philadelphia contributed to this report.

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, which has sickened tens of thousands of Americans annually in recent years.

Nicole Bengiveno/The New York Times

A new rule imposed by the F.D.A. would establish different standards for ensuring the purity of water that touches fruits and vegetables.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.

New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.

Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.

A big question to be resolved is whether Congress will approve the money necessary to support the oversight. President Obama requested $220 million in his 2013 budget, but Dr. Margaret Hamburg, commissioner of the F.D.A., said “resources remain an ongoing concern.”

Nonetheless, agency officials were optimistic that the new rules would protect consumers better.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shift us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine, said in an interview. The Food and Drug Administration is responsible for the safety of about 80 percent of the food that Americans consume. The rest falls to the Agriculture Department, which is responsible for meat, poultry and some eggs.

One in six Americans becomes ill from eating contaminated food each year, the government estimates; most of them recover without concern, but roughly 130,000 are hospitalized and 3,000 die. The agency estimated the new rules could prevent about 1.75 million illnesses each year.

Congress passed the Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the regulatory agency, prompting complaints that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said that the delay was a function of the wide variety of foods and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to come up with ways to reduce the risk of contamination. Food companies would be required to have a plan for correcting problems and for keeping records that government inspectors could audit.

An example might be to require the roasting of raw peanuts at a temperature guaranteed to kill salmonella, which has been a problem in nut butters in recent years. Roasted nuts would then have to be kept separate from raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat bacterial contamination like E. coli, which is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

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Wealth Matters: The End of a Decade of Uncertainty Over Gift and Estate Taxes

FOR many of the wealthy, the American Taxpayer Relief Act, passed this week by Congress, is aptly named.

For estate and gift taxes in particular, all but the richest of the rich will probably be able to protect their holdings from taxes, now that Congress has permanently set the estate and gift tax exemptions at $5 million (a level that will rise with inflation).

“You could say this eliminates the estate tax for 99 percent of the population, though I’ve seen figures that say 99.7 or 99.8,” said Richard A. Behrendt, director of estate planning at the financial services firm Baird and a former inspector for the Internal Revenue Service. “From a policy point of view, the estate tax is not there for raising revenue. It’s there for a check on the massive concentration of wealth in a few hands, and it will still accomplish that.”

And while Congress also agreed to increase tax rates on dividends and capital gains to 20 percent from 15 percent for top earners — in addition to the 3.8 percent Medicare surcharge on such earnings — the rates are still far lower than those on their ordinary income. For the earners at the very top, whose income comes mostly from their portfolios of investments, and not a paycheck like most of the rest of us, this is a good deal.

The estate tax, once an arcane assessment, has been in flux and attracting significant attention since 2001. That was when the exemption per person for the estate tax began to rise gradually from $675,000, with a 55 percent tax for anything above that amount, to $3.5 million in 2009 with a 45 percent tax rate for estates larger than that. Estate plans were written to account for the predictable increases in exemptions.

Then in 2010, contrary to what every accountant and tax lawyer I spoke to at the time believed would happen, the estate tax disappeared. Congress and President Obama could not reach an agreement on the tax. So that year, for the first time since 1916, Americans who died were not subject to a federal estate tax. (Their estates still paid state estate taxes, where they existed, and other taxes, including capital gains, on the value of the assets transferred.)

At the end of 2010, President Obama and House Speaker John A. Boehner reached an agreement that was just as unlikely as the estate tax expiring in the first place: the new exemption was $5 million, indexed to inflation, with a 35 percent tax rate on any amount over that, and it would last for two years. The taxes and exemptions for gifts made during someone’s lifetime to children and grandchildren were also raised to the same level, from $1 million and a 55 percent tax above that.

As I have written many times, this was a far better rate and exemption than anyone expected. It also created a deadline of Dec. 31, 2012, for people who could make a major gift up to the exemption level or above the amount and pay the low gift tax.

Using the gift exemption was enticing because it meant those assets would appreciate outside of the estate of the person making the gift. Even paying the tax became attractive to the very rich because of how estate and gift taxes are levied. Take, for example, someone who has used up his exemption and wants to give an heir $1 million. The amount it would take to accomplish this differs depending on when it is given. In life, it would cost $1.4 million because the 40 percent gift tax is paid like a sales tax. If it was given after death, the estate would have to set aside about $1.65 million after the 40 percent estate tax was deducted. But this presented a conundrum: while it may make perfect sense to give away a lot of money during your lifetime and save on estate taxes, it means ceding control of cash, securities or shares now. What if you end up needing them? It wasn’t an easy decision, and it led to a fourth-quarter rush.

As of this week, this is no longer an issue. The estate and gift tax exemptions are permanently set at the same $5 million level, indexed for inflation, and the tax rate above that exemption is 40 percent, up from 35 percent. With indexing, the exemption is already about $5.25 million per person — double for a couple — and it will rise at a rate that means most Americans will continue to avoid paying any federal estate tax.

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An Inquiry Into Tech Giants’ Tax Strategies Nears an End

Congressional investigators are wrapping up an inquiry into the accounting practices of Apple and other technology companies that allocate revenue and intellectual property offshore to lower the taxes they pay in the United States.

J. Scott Applewhite/Associated Press

Congressional investigators, led by Senator Carl Levin, a Michigan Democrat, have been interested in the impact on the budget deficit of offshore tax strategies.

The Senate Permanent Subcommittee on Investigations inquiry now drawing to a close began more than a year ago and involves at least a half dozen technology companies, according to people with firsthand knowledge of it, who declined to be identified.

Those people said the subcommittee had subpoenaed or otherwise asked the companies to explain methods they used to avoid domestic taxes. They said Apple had become a focus of the inquiry and was cooperating with the subcommittee, which is expected to issue wide-ranging recommendations that are likely to play a significant role in Congressional tax code negotiations.

Apple’s domestic tax bill has drawn the interest of corporate tax experts and policy makers because although the majority of Apple’s executives, product designers, marketers, employees, research and development operations and retail stores are in the United States, in the past Apple’s accountants have found legal ways to allocate about 70 percent of the company’s profits overseas, where tax rates are often much lower, according to corporate filings.

Apple, in a statement on Thursday, said the company was “one of the top corporate income taxpayers in the country, if not the largest.” The statement said the company “conducted all of its business with the highest of ethical standards, complying with applicable laws and accounting rules.”

It is unclear how broadly Senate investigators are looking into the technology industry, if any laws are thought to have been broken and how many companies are involved. The subcommittee is also known to be looking at Google, Hewlett-Packard, Microsoft and firms in such fields as biotechnology.

The subcommittee, which is overseen by Senator Carl Levin, a Michigan Democrat, has been interested in the impact on the budget deficit of offshore tax strategies. Representatives from Microsoft and Hewlett-Packard testified at a subcommittee hearing on the subject in September. Both companies were criticized sharply by Senator Levin for using intellectual property accounting rules to allocate revenue to other nations to avoid paying taxes in the United States.

“This subcommittee has demonstrated in hearings and comprehensive reports how various schemes have helped shift income to offshore tax havens and avoid U.S. taxes,” Senator Levin said at that hearing. “The resulting loss of revenue is one significant cause of the budget deficit, and adds to the tax burden that ordinary Americans bear.”Apple has long been a pioneer in developing innovative tax strategies that lessen its domestic taxes. At the September hearing, Senator Levin said the investigation indicated that Apple had deferred taxes on over $35.4 billion in offshore income between 2009 and 2011.

Tech companies are able to easily shift “intellectual property, and the profit that goes along with it, to tax havens,” said a former Treasury Department economist, Martin A. Sullivan, who has studied the company. “Apple went out of its way to try and ensure that its tax savings didn’t attract too much public attention, because tax avoidance of that magnitude — even though it’s legal and permissible — isn’t in keeping with the image of a socially progressive company.”

In its statement, Apple said it paid “an enormous amount of taxes” to local, state and federal governments. “In fiscal 2012 we paid $6 billion in federal corporate incomes taxes, which is 1 out of every 40 dollars in corporate income taxes collected by the U.S. government,” it said.In the 1980s, Apple was a pioneer of an accounting technique known as the “Double Irish With a Dutch Sandwich,” which reduces taxes by routing profits through Irish subsidiaries and the Netherlands and then to the Caribbean. Today, that tactic is used by hundreds of other corporations — some of which directly imitated Apple’s methods, say accountants at those companies. More recently, Apple has moved revenue to states like Nevada and overseas nations where the company pays less, or in some cases no, taxes.

Almost every major corporation tries to minimize its taxes. However, technology companies are particularly well positioned to take advantage of tax codes written for an industrial age and ill-suited to today’s digital economy.

Some profits at companies like Apple, Google, Amazon, Hewlett-Packard and Microsoft emerge from royalties on intellectual property, like the patents on software. At other times, products are digital, such as downloaded songs or movies. It is much easier for businesses with royalties and digital products to move profits to low-tax countries than it is, say, for grocery stores or automakers.

Although technology is now one of the nation’s largest and most highly valued industries, many tech companies are among the least taxed, according to government and corporate data. Over the last two years, the 71 technology companies in the Standard & Poor’s 500-stock index — including Apple, Google, Yahoo and Dell — reported paying worldwide cash taxes at a rate that, on average, was a third less than other S.& P. companies’, according to a New York Times analysis. (Cash taxes may include payments for multiple years.)

Companies report their cash outlays for income taxes in their annual Form 10-K, but it is impossible from those numbers to determine precisely how much, in total, corporations pay to governments.

This article has been revised to reflect the following correction:

Correction: January 3, 2013

An earlier version of this article included outdated information on Apple’s tax payments. The company paid $6 billion in federal corporate income taxes in fiscal year 2012; it did not pay $3.3 billion “last year.” (That was the amount of cash taxes the company paid in fiscal year 2011.)

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Saban, Kelly lead Bama and ND out of darkness

FORT LAUDERDALE, Fla. (AP) — There were some dark days at Notre Dame and Alabama, dark years really, during which two of college football's proudest programs flailed and foundered.

Notre Dame won the national championship in 1988, then spent much of the next two decades running through coaches — four if you count the guy who never coached a game — and drifting between mediocre and pretty good.

Alabama won the national championship in 1992, then spent the next 15 years running through coaches — four if you count the guy who never coached a game — and drifting between mediocre and pretty good.

As the 21st century dawned, the Fighting Irish and the Crimson Tide were old news, stodgy remnants of a glorious past, not moving fast enough to keep up with the times, and searching for someone to lead them back to the top.

"It parallels Notre Dame to a tee," said Paul Finebaum, who has covered Alabama as a newspaper reporter and radio show host for more than 30 years. "The attitude was 'We're Alabama. We don't have to do what others are doing. We'll win because of our tradition.' Finally everyone passed Alabama."

And Notre Dame.

Then along came Nick Saban and Brian Kelly to knock off the rust, fine tune the engines and turn the Crimson Tide and Fighting Irish into the sharpest machines in college football again.

No. 1 Notre Dame and No. 2 Alabama meet Monday night in Miami in a BCS championship between two titans not all that far removed from tough times.

"The pendulum swings," said former Alabama coach Gene Stallings, the last Tide coach before Saban to bring home a national title. "You don't stay good forever. You don't stay bad forever."

Of course, Alabama and Notre Dame fans aren't real comfortable with the first part of that statement. The Crimson Tide and Fighting Irish were perennial national championship contenders for decades.

For Alabama, replacing Bear proved difficult. Paul Bryant won six national championships in 25 years as the coach in Tuscaloosa, and when he stepped down the Crimson Tide felt compelled to bring back one of his boys to replace him. Ray Perkins was hired away from the New York Giants, and spent four years at Alabama before going back to the NFL.

Alabama tried going outside the family and hired Bill Curry. He lasted three years, before leaving for Kentucky.

"You follow somebody like Coach Bryant, it's an extremely difficult situation," Stallings said.

Stallings played for Bryant at Texas A&M, coached under him at Alabama and even sounded a bit like the Bear with his baritone drawl. He found success and relative peace in seven seasons as coach of the Tide.

"I told Coach Bryant stories. I wasn't in competition with Coach Bryant," Stallings said. "I think that's one of the reasons I was, quote, accepted by the Alabama people."

After Stalling left in 1996, things started to get ugly at Alabama. School leaders tried again to keep their most highly prized job in the family, hiring Mike DuBose, a former defensive lineman for Bryant. That didn't work, so Alabama swung the other direction by hiring Dennis Franchione, who skipped town after two seasons for Texas A&M, and Mike Price, who brought a whole new level of embarrassment to Alabama. Not long after he was hired away from Washington State, Price was fired after a night of drunken partying became public.

Alabama reverted back to old form, going with one of its own in former Tide quarterback Mike Shula. Like DuBose, he wasn't up to the task. On top of everything else, the NCAA slammed Alabama, wiping all its victories from the 2005 and '06 seasons off the books.

Meanwhile, over the years, Alabama had fallen behind others in the Southeastern Conference when it came to facilities and support staff. Big-time college football is an arms race of sorts, and the Crimson Tide weren't investing like the competition — like LSU had while winning a national title under Saban, for example.

"The program lost its compass," Finebaum said.

When it came time to hire another coach in 2006, Alabama courted Saban and Steve Spurrier. Spurrier wasn't interested and Saban had an NFL season to finish. When the Tide was turned down by Rich Rodriguez, who opted instead to stay with West Virginia, it was rock bottom.

"It was the darkest moment I can ever remember in Alabama history," Finebaum said. "Alabama fans gave up that day.

As it turned out, it was one of the best things to ever happen to Alabama.

"You've got to have some luck," Stallings said.

As luck would have it, Saban was ready to get back to college football.

Alabama lured him away from the NFL with a $4 million a year contract that made him the highest-paid coach in college football — and gave him the power and support to run the program the way he wanted, not the way it had been run before.

"Alabama finally hired someone who has not afraid to tell everybody to get out of the way," Finebaum said.

For Notre Dame, it is a similar tale. Lou Holtz won that championship in 1988 and made the Fighting Irish a regular title contender, but by the end of his tenure, Notre Dame started to slip and the people in charge were resistant to the types of changes needed to keep up with the competition.

The Irish promoted Bob Davie to take over for Holtz. In five seasons he never won more than nine games and went 0-3 in bowls.

Davie, now the coach at New Mexico, doesn't make excuses for his record at Notre Dame, but he does note that the school has been willing to make the type of changes in recent years that he sought back in the late 1990s.

"Their facilities have gone from being poor to cutting edge in college football," he said. "Their salaries for coaches are competitive with everybody in the country. They are accepting early graduates (from high school).

"I know the dynamics there very well and there's a lot of people who think you don't have to do that at Notre Dame. It's proven now that you do have to do those things."

Former athletic director Kevin White was the catalyst for many of those changes, but he was also the man who hired George O'Leary, who was caught fibbing on his resume and stepped down, Tyrone Willingham and Charlie Weis. The Weis hiring in 2004 was especially telling.

Notre Dame wanted Urban Meyer, who was then at Utah and the hottest commodity on the coaching market. Meyer worked at Notre Dame under Holtz and had called being Fighting Irish coach his dream job.

And he turned it down to coach Florida because he realized it would be easier to win national championship with the Gators than with the Irish. He won two with Florida in six years.

The Irish hired Weis, the New England Patriots' offensive coordinator who had never been a head coach but did graduate from Notre Dame. He was gone in five years.

This time when Notre Dame went looking for a coach, the hottest candidate on the market was Kelly, who climbed the coaching ladder slowly, winning big every step of the way. The difference was the hottest commodity also wanted Notre Dame, and White's successor, Jack Swarbrick, scooped him up quickly.

Kelly has continued to push Notre Dame into the 21st century, implementing a training table to make it easier for the players to eat healthy. He pushed for music to be pumped through the PA system at Notre Dame Stadium to rouse a fanbase that over the years had started to sit on its hands.

"It's flashier," Davie said. "They are a lot more like everybody else is but that's what's making them competitive."

Now what separates both Notre Dame and Alabama from the competition is their coaches.

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