Wall Street Week Ahead: "Cliff" worries may drive tax selling

NEW YORK (Reuters) - Investors typically sell stocks to cut their losses at year end. But worries about the "fiscal cliff" - and the possibility of higher taxes in 2013 - may act as the greatest incentive to sell both winners and losers by December 31.

The $600 billion of automatic tax increases and spending cuts scheduled for the beginning of next year includes higher rates for capital gains, making tax-loss selling even more appealing than usual.

Tax-related selling may be behind the weaker trend in the shares of market leader Apple , analysts said. The stock is down 20 percent for the quarter, but it's still up nearly 32 percent for the year.

Apple dropped 8.9 percent in this past week alone. For a stock that gained more than 25 percent a year for four consecutive years, the embedded capital gains suddenly look like a selling opportunity if one's tax bill is going to jump sharply just because the calendar changes.

"Tax-loss selling is always a factor (but) tax-gains selling has been a factor this year," said Paul Mendelsohn, chief investment strategist at Windham Financial Services in Charlotte, Vermont.

"You have a lot of high-net-worth individuals in taxable accounts, and that could be what's affecting stocks like Apple. If you look at the stocks that people have their largest gains in, they seem to be under a little bit more pressure here than usual."

Of this year's top 20 performers in the S&P 1500 index, which includes large, small and mid-cap stocks, all but four have lost ground in the last five trading sessions.

The rush to avoid higher taxes on portfolio gains could cause additional weakness.

The S&P 500 ended the week up just 0.1 percent after another week of trading largely tied to fiscal cliff negotiation news, which has pushed the market in both directions.

A PAIN PILL FROM THE FED?

Next week's Federal Reserve meeting could offer some relief if policymakers announce further plans to help the lackluster U.S. economy. The Federal Open Market Committee will meet on Tuesday and Wednesday. The policy statement is expected at about 12:30 p.m. on Wednesday after the conclusion of the meeting - the Fed's last one for the year.

Friday's jobs report showing non-farm payrolls added 146,000 jobs in November eased worries that Superstorm Sandy had hit the labor market hard.

"After the FOMC meeting, I think it's going to be downhill from there as worries about the fiscal cliff really take center stage and prospects of a deal become less and less likely," said Mohannad Aama, managing director of Beam Capital Management LLC in New York.

"I think we are likely to see an escalation in profit-taking ahead of tax rates going up next year," he said.

MORE VOLUME AND VOLATILITY

Volume could increase as investors try to shift positions before year end, some analysts said.

While most of that would be in stocks, some of the extra trading volume could spill over into options, said J.J. Kinahan, TD Ameritrade's chief derivatives strategist.

Volatility could pick up as well, and some of that is already being seen in Apple's stock.

"The actual volatility in Apple has been very high while the market itself has been calm. I expect Apple's volatility to carry over into the market volatility," said Enis Taner, global macro editor at RiskReversal.com, an options trading firm in New York.

Shares of Apple, the largest U.S. company by market value, registered their worst week since May 2010. In another bearish sign, the stock's 50-day moving average fell to $599.52 - below its 200-day moving average at $601.38.

"There's a lot of tax-related selling happening now, and it will continue to happen. Apple is an example, even (though) there are other factors involved with Apple," Aama said.

While investors may be selling stocks to avoid higher taxes in 2013, companies may continue to announce special and accelerated dividend payments before year end. Among the latest, Expedia announced a special dividend of 52 cents a share to be paid on December 28.

To be sure, the big sell-off in stocks following the November 6 election was likely related to tax selling, making it hard to judge how much more is to come.

Bruce Zaro, chief technical strategist at Delta Global Asset Management in Boston, said there's a decent chance that the market could rally before year end.

"Even with little or spotty news that one would put in the positive bucket regarding the (cliff) negotiations, the market has basically hung in there, and I think it's hung in there in anticipation of something coming," he said.

(Wall St Week Ahead runs every Friday. Questions or comments on this column can be emailed to: caroline.valetkevitch(at)thomsonreuters.com)

(Reporting by Caroline Valetkevitch; Editing by Jan Paschal; Multimedia versions of Reuters Top News are now available for:; 3000 Xtra: visit Reuters Top News; BridgeStation: view story .134; For London stock market outlook please click on .L/O; Pan-European stock market outlook .EU/O; Tokyo stock market outlook .T/O; Wall St Week Ahead runs every Friday.)

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Khaled Meshal, the Leader of Hamas, Makes First Visit to Gaza

Wissam Nassar for The New York Times

Khaled Meshal, left, the head of the political bureau of Hamas, arrived for a visit to the Gaza Strip on Friday. With him is Ismail Haniya, Hamas's prime minister in Gaza.

RAFAH, Gaza Strip — Khaled Meshal, whom the Israelis tried to assassinate in Jordan in 1997, arrived for his first visit to the Gaza Strip on Friday as head of the political bureau of Hamas, which has established a ministate here.

For Mr. Meshal, 56, it was a triumphant visit, and Hamas fighters, armed with rifles and wearing balaclavas, lined the streets where he was to travel. He entered from Egypt, through the Rafah crossing, an indication of a new alliance with Cairo.

“Gaza, with its martyrs, cannot be described in words,” he said as he arrived here in Rafah, with tears in his eyes. “There are no words to describe Gaza, to describe the heroes, the martyrs, the blood, the mothers who lost their sons.

“I say I return to Gaza even if I never have been here. It has always been in my heart.”

Mr. Meshal fled the West Bank with his family after the 1967 Arab-Israeli war and had never returned to Palestinian territory. In 1997, when he was in Amman, Jordan, agents from the Israeli intelligence service, posing as Canadian tourists, tried to kill him by injecting him with poison. The agents were captured by Jordanian authorities, and Mr. Meshal lay in a coma until the agents handed over the antidote.

He arrived in Gaza to celebrate the 25th anniversary on Saturday of the founding of Hamas, the Palestinian branch of the Muslim Brotherhood, which has also risen to power in neighboring Egypt and has been a key to the Arab “awakening” that has shaken old alliances throughout the Middle East.

“This is my third birth,” Mr. Meshal said. “The first was my natural birth. The second was when I recovered from the poisoning. I ask God that my fourth birth will be the day we liberate all of Palestine.”

Mr. Meshal also plans to celebrate what Hamas considers a victory over Israel in the recent conflict here, eight days of fighting featuring Israeli airstrikes and shelling and Hamas rocket launches against Israel. The Israeli government claims that it sharply reduced Hamas’s military capacity, destroying storehouses of rockets and weapons and killing the operational commander of the Hamas forces, Ahmed al-Jaabari, at the outset of the fighting.

Still, Hamas negotiated a cease-fire with Israel through the agency of the Egyptians, and for the movement it may represent an important step toward becoming a more recognized international player and representative of at least a portion of the Palestinian people.

Mr. Meshal was expected to visit the homes of Mr. Jaabari; the Dalu family, who lost 10 members in an Israeli airstrike in the November fighting; and Sheik Ahmed Yassin, an assassinated Hamas spiritual leader.

The Fatah movement controls the West Bank, which Israel still occupies, and the rivalry between Fatah and Hamas is the defining principle of Palestinian politics, despite continuing efforts by Egypt to bring about a reconciliation. The uprising in Syria drove Mr. Meshal and the Hamas political bureau out of its offices in the Syrian capital, Damascus, to resettle in Egypt, pulling Hamas farther from Shiite Iran, which continues to help sponsor it, and closer to its Sunni Muslim roots. That has also made Hamas potentially more attractive to Egypt and Israel as a negotiating partner, however indirect, in trying to preserve stability in the region.

But Hamas, which considers itself a fighting force in contrast to Fatah, which has engaged in direct negotiations with Israel, is proud of its accomplishments in Gaza, even as it has put a more repressive and Islamist stamp on society here.

Decorating the stage where the anniversary celebration will be held is a mock-up of a large rocket, called the M-75, that Hamas claims it has built on its own and can reach almost 50 miles, close to Tel Aviv. The M stands for a dead founder of Hamas, Ibrahim Maqadma, killed in an Israeli airstrike in 2003.

In fact the Hamas anniversary is Dec. 14, but the organization moved the celebration forward a week to honor the first intifada against Israel.

Fares Akram contributed reporting.

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Firm says first BlackBerry 10 phone to debut in March, QWERTY phone won’t launch until June

Research In Motion (RIMM) is gearing up for a series of make-or-break releases that could be considered the most important device launches in the company’s history. Everything is riding on the success of the RIM’s BlackBerry 10 platform, which will be unveiled in its finished state on January 30th next year. RIM CEO Thorsten Heins is on record confirming that BlackBerry 10 will launch in the first quarter and company COO Kristian Tear previously stated new BlackBerry devices will be available “not too long after” the platform is unveiled late next month, but exact timing is still a mystery. According to Boston-based brokerage firm Detwiler Fenton, however, RIM’s first two BlackBerry 10 handsets won’t launch until March and June, respectively.

“RIM’s stock has been on a tear recently thanks to a number of upgrades and optimism surrounding its upcoming BB10 platform,” Detwiler analysts wrote in a note to clients picked up by Forbes. “However, as we dig a little deeper, there appears to be a few issues that could set up for some disappointing numbers in the 2013 first half.”

The firm goes on state that AT&T (T) and T-Mobile will launch the first BlackBerry 10 smartphone some time in March, while Verizon Wireless (VZ) and Sprint (S) are targeting May launches. Detwiler also states that the second BlackBerry 10 smartphone, which will feature a touchscreen and a full QWERTY keyboard, might not launch until June.

“Therefore, it is possible RIMM’s February quarter may only see a very small number of BB10 sales with the May quarter also coming in light due to limited QWERTY keyboard shipments and limited shipments to Sprint and Verizon,” the firm continued. “It’s our opinion RIM will ship approximately 400,000 BB10 units in the February quarter and 2.2 million to 2.5 million units in the May quarter. While this is clearly a North American / developed market view, we think this is the right way to look at the 2013 first half because the initial BB10 handsets are higher end and not targeted for emerging markets.”

When asked to comment on the Detwiler note, RIM spokesman Nick Manning reiterated the company’s earlier position. ”Details of the commercial availability for BlackBerry 10 will be announced at the global launch events on January 30,” Manning said in a comment provided to BGR via email. “Our executives have made it clear that the touch screen device will be available shortly after launch with the physical keyboard version to follow shortly after that.”

BGR’s own sources were not able to provide details regarding the exact timing of RIM’s upcoming launches, however we are hearing from reliable sources that RIM’s QWERTY-equipped BlackBerry 10 smartphone will launch well ahead of the June timeframe mentioned by Detwiler.

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Eddie Redmayne: 5 Things You Should Know

By Mary Green and Julie Jordan

12/07/2012 at 10:15 AM EST

Eddie Redmayne, breakout star of Les Miserables, is receiving awards buzz as the student French revolutionary Marius, who falls in love with Cosette, played by Amanda Seyfried. Redmayne, who also played Michelle Williams's love interest in My Week with Marilyn, is enjoying a booming career. But you'd never know that the 30-year-old Brit has Kim Cattrall to thank for his success, or that he was destined for a role in Les Mis as a child. P.S.: Redmayne's also won a Tony and an Olivier Award for the play Red.

Here are five things you should know about Redmayne:

• Kim Cattrall's approval was pivotal: "I did a play in London called The Goat," he recalls. "I won a prize, and I couldn't go be there, but my parents went, and Kim Cattrall gave the prize. When my dad saw that Samantha from Sex and the City was giving me a prize, then it affirmed in my parents' mind that they were allowed to let their son continue to be an actor."

In fact, the two stars didn't meet til years later, but Cattrall is anxious to see his latest turn: "In 2005 I had the honor of presenting him the Ian Charlston Award as 'the most promising new comer' at the Evening Standard Awards in the U.K.," she told PEOPLE Thursday. "Unfortunately he was away working, but I did meet him a few years later and he told me his father was impressed he won the award but over the moon I was presenting. I have followed his career ever since and cannot wait to see him in Les Miserables."

• His first Les Mis experience: "I saw it when I was 7 and wanted to be Gavroche, [the young street urchin who helps the rebels]."

• His 'oh s--t' moment on set: "We were lying in the sewers half dead, swimming in s--t, and you're actually lying there for 12 hours. We're doing a close-up, and [director Tom Hooper] is saying, ‘Hugh, Eddie, you need to be still. Or it doesn't look like you're dead.' We're like, ‘Dude! We can't control our bodily functions.'"

•Be careful going to karaoke with him: "My karaoke song of choice is "Bat Out of Hell". About three minutes in to the 12-minute song, I keep getting ‘shut up!'"

•He's pals with Spider-Man: "Andrew Garfield is is one of my best friends," he says. "I get great inspiration from he and Tom Sturridge, friends of mine who are my age who are doing great work."

Redmayne in Les Miserables

Universal Pictures

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

___(equals)

Johnson can be reached at https://twitter.com/GeneAPseattle

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Wall Street flat in wake of weak consumer sentiment data

NEW YORK (Reuters) - Stocks were little changed on Friday after a weak consumer confidence survey for December overshadowed earlier gains triggered by a better-than-expected employment report.

Wall Street had opened higher after Labor Department data showed nonfarm employment increased more than expected by 146,000 jobs in November.

But major U.S. stock indexes gave up their gains, with the Nasdaq turning negative, after a separate report showed U.S. consumer confidence plunged in early December to its lowest since August, amid investor anxiety over the outcome of ongoing fiscal discussions in Washington.

Additionally, a drop in the jobless rate to a near-four year low, as people gave up the search for work, suggested the labor market was still tepid.

"While it (consumer confidence data) is just one measure of consumer sentiment, maybe the constant barrage of back and forth in DC with no resolution yet is having an impact," said Peter Boockvar, managing director at Miller Tabak & Co in New York.

The Dow Jones industrial average <.dji> was up 32.25 points, or 0.25 percent, at 13,106.29. The Standard & Poor's 500 Index <.spx> was up 0.80 points, or 0.06 percent, at 1,414.74. The Nasdaq Composite Index <.ixic> was down 7.11 points, or 0.24 percent, at 2,982.15.

Amarin Corp shares slumped 19 percent to $9.66 after the bio-pharmaceutical company raised $100 million in financing to help it launch its heart drug, Vascepa, but disappointed investors, who had hoped for a sale or partnership.

Shares of Netflix Inc rose 2.3 percent to $88.19 on news the Securities and Exchange Commission was considering taking action against the company and its Chief Executive Reed Hastings for violating public disclosure rules with a Facebook post.

After falling nearly 10 percent so far this week, Apple Inc shares were down 0.4 percent at $544.60 on Friday.

(Editing by Bernadette Baum)

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3 Charged With Plotting to Export Carbon Fiber to Iran

Three people have been charged with conspiring to illegally export to Iran and China a superstrong material called carbon fiber that can be used to make machines that can enrich uranium, federal prosecutors in Manhattan said on Wednesday.

Iran has been pursuing carbon-fiber technology for years, and has had difficulty in obtaining the material. Enriched uranium can be used as fuel for nuclear reactors and atom bombs.

Another man was charged in a purported scheme to illegally export to Iran via South Korea components for helicopters that could be used for military purposes, the authorities said.

Three of the four men have been arrested. One of them, Hamid Reza Hashemi, 52, a dual United States and Iranian citizen who runs a company in Tehran that the United States government says has been trying to obtain carbon-fiber technology, was arrested on Saturday at Kennedy International Airport as he entered the country, prosecutors said.

Another defendant, Peter Gromacki, 48, of Middletown, N.Y., was accused of arranging for the export of more than 6,000 pounds of carbon fiber from the United States to China via Belgium, in violation of federal law, the government said.

“The law prohibits the exportation of goods to Iran and certain goods to China,” said George Venizelos, who heads the Federal Bureau of Investigation’s New York office.

A third defendant, Amir Abbas Tamimi, 40, an Iranian accused in the purported helicopter-component deal, was arrested at Kennedy Airport in October, the authorities said. He and Mr. Hashemi are being held without bond, while Mr. Gromacki was released on bond, the government said.

The fourth defendant, Murat Taskiran, a Turk accused in the purported carbon-fiber scheme, has not yet been arrested.

The charges do not specify precisely what the government believes the carbon-fiber technology was going to be used for in Iran.

But Preet Bharara, the United States attorney in Manhattan, whose office is prosecuting the men, said “carbon fiber in the wrong hands poses a serious threat” to the national security of the United States.

“Two of these defendants are charged with arranging its export to Iran, where it most assuredly had the potential to end up in the wrong hands,” Mr. Bharara said.

The government charged that in March and April 2008, Mr. Hashemi and Mr. Taskiran worked with an unidentified European broker to arrange for the shipment of carbon fiber from the United States to Iran through Europe and Dubai.

Carbon fiber is used to make rotors for centrifuges, which are used to enrich uranium.

The government also charged that this year Mr. Hashemi sent messages to the European broker, indicating that he wanted to travel to the United States to see a carbon-fiber-winding machine that he wanted to buy. Such machines can be used to make the rotors.

Lawyers for the three men who have been arrested could not be reached for comment Wednesday evening.

William J. Broad contributed reporting.

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Ashley Hebert and J.P. Rosenbaum's Wedding Photo Revealed

TV Watch
People Exclusive

12/06/2012 at 10:45 AM EST

J.P. Rosenbaum and Ashley Hebert

Bob and Dawn Davis Photography & Design

Ashley Hebert and J.P. Rosenbaum's wedding was picture perfect.

In an exclusive shot from the couple's weekend nuptials, the newlyweds – who met on season 7 of The Bachelorette and got engaged on the season finale – beam with joy.

Hebert, 28, and Rosenbaum, 35, say that even though their wedding was filmed for TV (it will air Dec. 16 as a two-hour special on ABC) their love is as genuine as it comes.

"The ceremony was simple, sweet and personal," Hebert tells PEOPLE in its new issue, on newsstands Friday. Adds Rosenbaum, "We didn't want it to be a circus."

On the day they exchanged vows, Hebert reiterated their commitment to keeping their relationship focused on the important things in life.

"Today is all about our friends and family," Hebert said. "It's about standing with J.P., looking around at all the people we love in the same room there to celebrate our love."

The wedding was attended by family, friends and fellow Bachelor and Bachelorette alumni, including Ali Fedotowsky, Emily Maynard, Jason and Molly Mesnick and Ryan and Trista Sutter. The franchise's on-air host, Chris Harrison, officiated the ceremony.

For many more details and exclusive photos of the intimate wedding, pick up the latest issue of PEOPLE, on newsstands Friday.

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

___(equals)

Johnson can be reached at https://twitter.com/GeneAPseattle

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Wall Street flat, volatile; fiscal talks, Apple in focus

NEW YORK (Reuters) - Stocks were little changed in choppy morning trading on Thursday as upbeat guidance from Broadcom partially offset weakness in Apple shares, while traders kept an eye on fiscal negotiations in Washington.

Extending Wednesday's 6.4 percent decline, Apple was trading down 0.7 percent at $535 early on Thursday, after falling as much as 3.7 percent at the open, which brought the market capitalization of the world's largest publicly traded company down to below $500 billion briefly. In September, it was capitalized at a record $663 billion.

Broadcom shares led the advance in chip makers with a 2.1 percent gain, one day after it forecast for fourth-quarter revenue at the high end of its target range, citing slightly better-than-expected sales in its mobile business.

The PHLX semiconductor index <.sox> rose 0.4 percent.

Budget discussions continued to be a key focus for investors. President Barack Obama said there could be a quick deal to avert the "fiscal cliff" - tax hikes and spending cuts set to begin next year, possibly driving the U.S. economy back into recession - if Republican leaders agree to raise tax rates for those making more than $250,000 a year.

While Republican leaders in the House of Representatives insist that raising tax rates on the rich is a no-go, some GOP lawmakers now see it as inevitable to avoid the fiscal cliff.

"There are no real triggers here. It is just positioning going on for year-end, and this big decision" on the fiscal cliff, said Rick Meckler, president of hedge fund LibertyView Capital Management LLC in Jersey City, New Jersey.

He said Apple's weakness was taking a toll on the market and expects equities to continue trading choppily through the day.

The Dow Jones industrial average <.dji> fell 17.89 points, or 0.14 percent, to 13,016.60. The S&P 500 <.spx> dropped 1.78 points, or 0.13 percent, to 1,407.50. The Nasdaq Composite Index <.ixic> gained 2.89 points, or 0.10 percent, to 2,976.59.

Apple Inc's rank in China's smartphone market fell to No.6 in the third quarter as it faces tougher competition from Chinese brands, research firm IDC said Thursday. Apple's 6.4 percent drop on Wednesday was its worst daily performance since December 2008 and dragged down the Nasdaq Composite.

Shares of Apple were down 0.7 percent at $535, after earlier falling more than 3 percent.

Sirius XM Radio shares rose 2.2 percent to $2.83 after its board approved a $2 billion stock repurchase and issued a special dividend, giving a big payout to its largest shareholder, Liberty Media .

Without action from Congress in coming weeks, tax cuts on capital gains and dividends will expire at the end of 2012.

Garmin shares rose 5 percent to $41.71 after Standard & Poor's said it would add the navigation device maker to its S&P 500 index. Garmin will replace R.R. Donnelley & Sons after the close of trading on December 11.

Several European equity benchmark indexes hit 2012 highs, boosted by hopes a U.S. budget deal will be reached before the year-end, and that the worst of Europe's debt crisis might be over. <.eu/>

(Additional reporting by Herbert Lash; Editing by Bernadette Baum)

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