nicole: we have gotten in some great numbers. they really do move hand in hand. as he saw the data, looking good. rising to the highest level in nearly six years. you can see the nasdaq and the s&p also with up arrows gaining roughly a half of a percent. let's take a look at the comparison chart for the week. there is a look at the s&p outpacing the dow, slightly. certainly, you are seeing gains across the board. the question is, if you win the 600 million, do you come to work? i would. i would show up. lori: sure you would. back to this irs scandal. we are hearing that it has just wrapped up on capitol hill. peter barnes is on capitol hill for the wrapup. >> we heard some stories from some members of the committee about groups that in their districts that had applied for tax exempt status with the irs and basically got hassled. we heard from one ohio congressman who said a tea party group not only got a whole bunch of follow-up questions, it got questions about a particular member. take a listen. >> question number 26 is as follows. provide details, regarding your relationship with justin thomas. an american citizen who is in the audience today who still does not know why he was questioned. >> we provided horrible customer service here. we will admit that. we did. horrible customer service. >> you targeted and individual. he still does not know why he was targeted. >> miller also denied that there was any specific targeting of specific groups. he also said that he did not think that any of the employees did anything illegal. melissa: he said that they had terrible customer service. i guess that that depends on who you think the customer is. we will be speaking with the congressman from ohio. melissa: president obama appointing daniel -- to serve. is he up to the task? lawmakers expressing skepticism saying they just do not know much about him. we found out someone who does. kenneth baer. he worked with him for years. we are excited to have you on the show. this, of course, is what everyone said we got this announcement yesterday. who is this guy? >> it is surprising the first day of work when you go in and it is not danny. he is a legend of an unsung group of people of washington. he has worked for public administrations and democratic administrations. he is kind of the green party. he is there to make sure that all the money is spent right and things are executed well. his expertise is invaluable to us. >> he is a washington insider and a white house insider even more specifically. people are wondering, does it make sense to put somebody who is so close with the administration in charge of doing this kind of interrogation investigation of what happened. >> danny is not a partisan figure. he is somebody that in his office and there is a picture of him shaking the presidents hands. he is a career civil servant who worked in the bush administration as well. what he does have is this knowledge of how you run organizations and what is expected of someone who is given the trust to work in government. he has the utmost integrity. he makes sure that tax dollars are spent wisely and people who are in government who are not using the responsibility, you know, well. melissa: what would you say is his biggest strength? is it technical, is it financial? >> i think his biggest strength is his integrity and management expertise. someone who knows how these large government organizations are run. does the group of people who run these and has their respect. there is this myth that you bring someone in to shake up things. it does not really work. melissa: i think that is what a lot of americans want. >> the federal bureaucracy know how to stop that. if you do not know how these type of organizations are ran, it makes it that much harder. you know, he has that expertise. i think very quickly, we will go through and start changing the culture and putting out the problems of the irs. melissa: why is it not troublesome that he does not have specifically tax expertise. >> for anyone who is just, you know, lame and look at what is going on here, it is not a question of the tax law. it is a question of government employees allegedly abusing their parties. that is not a question of tax law. melissa: what is his attitude? his personality, his character like? >> he is intense. he works hard. he is a good natured guy. i think he really earned the respect of all the people that he works with. melissa: thank you so much. kenneth baer. >> my pleasure.% lori: is that what we are really showing? >> i thought i saw danny warfel. i also drank a lot of coffee this morning. i may be hallucinating. lori: analysts do believe that jamie dimon is likely to win the key shareholder vote next week. charlie, what is the latest? jpmorgan. yes, jamie dimon is probably going to win. it would seem odd, he is chairman and ceo that he would vote for splitting. larry calls the shots. i do not see blackrock voting against jamie dimon. going forward, what will be going on over there, i tell you, this is what i hear from inside the company. would jamie doesn't decide to step down, i do know, there is a lot of numbers out there. he is just sick of the ps. when he does step down, the next guy will take over as ceo and the likelihood is that this job will be split. a lot of analysts on wall street believe that the trend, clearly is to split. does that mean that this is a good thing for corporate america? no. generally, citigroup, when they were in trouble, i believe it was chuck prince. although, i could be wrong. a lot of these troubled institutions have these split roles. even though, for some reason, the experts go out there and say it is good to have one guy. what i hear from jpmorgan is that the next guy will likely have to split. there is clearly a movement inside that firm for the next guy to split it. i will say this, in lot of business political. i believe it is a huge political coup for some of these sort of activist pension fund guys. why not start with jpmorgan. that is where we are right now. tuesday is the bow. it looks like some of those directors that are up for vote may lose. that may be where they miss some stuff. going forward, watch this. i think jamie's next successor is -- i will say this, i would not be surprised that we do not see something more demonstrative in terms of corporate governance. they are not really denying it. i talk to analysts all the time. melissa: what do you mean? >> there will be a statement made by jpmorgan. it will be, look for something other than just jamie winning or losing. you know, for all i know, they will say that the next ceo will block of his job. i do not know about that, but something, clearly, i think, this is my gut. >> there are higher people who just think they will show up, we won, move on. >> you wanted us to say daniel? that is where a lot of confusion has been. melissa: it has been incredibly confusing. charlie: i had never heard of this dude before. no one knew who the last guy was. or the guy before that was. or the guy before that was. no one ever knows. lori: i think that we will be paying close attention now. >> knowing going forward could be how we stop these things from going on again. lori: charlie gasparino. melissa: now he is speaking to us coming up. congressman jim were not cheap. lori: a decline of 7%. i guess that there is no inflation there. the local [ thunder crashes ] [ female announcer ] some people like to pretend a flood could never happen to them. and that their homeowners insurance protects them. 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[ male announcer ] e pill eachmorning. 24 hours. zero heartbur lori: let's get you updated on the stock market as we do every 15 minutes. nicole petallides. nicole: if you are able out there on these two names, you are a little disappointed today. let's take a look, first at nordstrom. it is at its lowest point today. that was 5875. they cut their same store sales and revenue going forward. that is tough on those shares. then we have been watching jcpenney. trying to get the backing of goldman sachs financing which they did. they came out with numbers which were terrible. they have been weak. it is down about 2% right now. their earnings and revenue did miss expectations. 1840 is where they are trading right now. lori: nicole, many thanks. lori: fox business contributor phil flynn is in the pits of this cme. what do you think is holding gold back right now? >> i think it is the rising stock markets more than anything else. what do we need to head for, this market is going straight up. if you look at the physical market, even though the physical demand has pulled back, we are still seeing strong physical demand. at the same time, we are seeing global central banks load up on gold. if you look at the market, the investor class is selling, central banks are doing the buying. of course, you also have to look at the dollar. today, of course, it is under even more pressure as the dollar stays strong and the yen stays weak. melissa: let me ask you about wti. is there some real support there? some real strength? >> i think we are getting closer to the lower end of the trading range. the real issue is gasoline. a lot of refining issues. it is crazy to think that gasoline futures could be going off when you consider the fact that gas prices in the u.s. are at the highest levels since 1930. that is incredible. you have this oxymoron in gasoline. different parts of the country, they have an abundance. other parts shortages, go figure. melissa: phil flynn, thanks so much. >> thank you. lori: the push is on in florida to sign more people up for food stamps. we have the good, the bad, the ugly in this program. melissa: we look at possible facebook fatigue. we will be right back. ♪ you make a great team. it's been that way since e day you met. but your erectile dysfunction - itld be a question of blood flow. cialis tadalafil for daily use helps you be ready anyte the moment's right. you cabe more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your het is healthy enough for sexual activity. do not take ciis if you take nitrates for chest pain, as this may cause unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomac delayed backache or musc ache. to avoid long-term injury, seek immedte medical hel for an erection lasting more than hours. if you have any sudden decrease or loss in hearing or sion, or if you have any allergic reactions such as rash, hives, swelng of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. k your doctor about cialis for daily use and a 30-tablet free trial. 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[ male announr ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you the. call us. we can show you how at&t solutions an help you do what you do... even better. ♪ ♪ >> 24 minutes past the hour. i have your fox news minute. o.j. simpson's former attorney testified that simpson told him about the sting operation he was planning to take back items that he believed had been stolen from him. simpson is claiming that he received inefficient counsel. he wants a new trial. russia is sending at least a dozen ships to its naval base of the syrian coastal line to support the government. all of this coming as the u.s. and russia are planning an international conference in june. on the french riviera, about a million dollars worth of jewels have been reportedly stolen. a safe containing jewelry was ripped out of a hotel room wall. the jewels were supposed to be . lori: thank you, sir. florida government recruiters encouraging folks to sign up for food stamps. we are live in miami with more. >> florida's outreach is mainly to try to get senior citizens to accept the benefits that they qualify for. charles and virginia six never thought about applying for food stamps until today. it is this man's job to sign him up. the food bank employee crisscrosses four counties looking for people who are eligible but not receiving the snacks. the program brings $6 billion a year to the state economy, but for some, its explosive growth is a cause for a concern. >> they know, hey, it is the federal taxpayers paying for it. just one third that qualified take them. the group is a prime target for groups. >> it just feels, it is the pride and the shame all bottled up together. the hicks are still on the fence about food stamps. the retired bus driver and his wife of dirty seven years dented canned food. >> right now there are 3.6 million floridians on food stamps. that is double the number of just five years ago. melissa: next, congressman jim renacci joins us. lori: for battles on capitol hill, some battles at the box office. opening weekend for star track. i cannot wait to see this. we will tell you what the enterprise needs to do. first, take a look at who is out, who is down on the dow. melissa: she is a sci-fi geek. who knew. ♪ .. tdd#: 1-800-345-2550 opportunities are waiting be found in faraway places. tdd#: 1-800-345-2550 markets on the rise. tdd#: 1-800-345-2550 companies breaking through. tdd#: 1-800-345-2550 endless possilities. tdd#: 1-800-345-2550 with schwab, i search the globe for the big movers. tdd#: 1-800-345-2550 i can trade in 30 different markets tdd#: 1-800-345-2550 to help me seize opportunitie tdd#: 1-800-345-2550 pontially better returns and new ways to diversify. tdd#: 1-800-345-2550 to get an edge, i use hwab's global research. tdd#: 1-800-345-2550 they give me equity ratings on foreign stocks tdd#: 1-800-345-2550 based on things like fundamentals, tdd#: 1-800-345-2550 momentum and risk. tdd#: 1-800-345-2550 i also have access to independent firms tdd#: 1-800-345-2550 like ned davis research and economist intelligence unit. tdd#: 1-800-345-2550 and with my schwab global account, tdd#: 1-800-345-2550 i can trade directly online in top markets tdd#: 1-800-345-2550 in their local currencies-- when the markets are open. tdd#: 1-800-345-2550 there's a world of winners out there. tdd#: 1-800-345-2550 and now i have a better shot at finding them. tdd#: 1-800-345-2550 now get our best global offer! tdd#: 1-800-345-2550 trade commission-free online through september 2013 tdd#: 1-800-345-2550 when you open a schwab global account. tdd#: 1-800-345-2550 call 1-800-482-1241. melissa: time for stocks now as we do every 15 minutes. let's head to the floor of the new york stock exchange. our own nicole petallides is standing by, and nicole, stocks are up 55. >> we're looking at dow jones industrials up one-third of 1% up 55 points as you noted, melissa, with the dow at 15,288. we hit record intraday all-time highs. levels we have never seen ever. you see the dow at 15,305. talk about a switch on the s&p 500, dean foods will be moving out of the s&p 500 into the mid-cap 400 and they're spinning off an organic business. what is happening kansas city is coming in, kansas city southern, the railroad company. kansas city southern has a great performance over 52 weeks. up 77%. one going in, one coming out. we'll look for that. melissa: nicole, thanks so much. lori: is facebook losing its it factor as it gets older. first year as a public company is tomorrow. it is facing pressure to address fears that young people are losing interest in the service. more on the story, adam shapiro. adam, what is the story with facebook right now? >> "et" less look at facebook and the chart how they're trading. $38 was offering price. fell to 17 bucks. down to roughlyly 36%, 31% from the initial offering. the reason is facebook is trying to find ways to create revenue. that revenue is based on 18 to 29-year-olds liking facebook and saying, yeah it is still cool. lori and melissa, your kids are too young to say i'm over that factor with facebook. with those of us 40, 40 plus, watching kids or grandparents watching kids it loses its hip factor. in fact there was one study, facebook users 18 to 29 they pxpected to spend less time on the service in 2013 according to pew research center. so how do you turn that into money if you're facebook? one of the things they're doing, you get advertisements in your news feed. used to be off to the side. now you get the annoying ads right in the feed. not a whole lot you can do about that. you have the facebook exchange where they're selling advertising. they have been successful. they're making inroads with mobile delivery of advertising. you saw it in the last quarter. their revenue was up to 1.6 billion, up from 1.06 billion. at end of the day as i throw back to you, in 10 or 15 years when your kids are the teenage years will they be using facebook or some other app you as mom and dad can't. >> on them. lori: maybe this is too basics of a question. why not go for older demo? my mother is rabid facebook poster. melissa: really? lori: she is. check it out. >> here is the reality, advertisers want the young demo. this is the same in tv. who has all the money? it isn't 18 to 29. it's, what, 40 to 55. lori: right. so that is the demo they should targeting. >> those people allegedly, the theory, those people we, i should say --. lori: you're not parents. >> many of us over 40 we made up our minds when it comes to brands and we hold onto our money and don't spend it will fully as your children spend money as they grow up. melissa: adam, thank you. lori: that's one of our top stories today. outgoing irs commissioner steven miller was on the hot seat this morning taking members from the house ways and means committee. trying to get to the bottom of the scandal with the irs targeting con serve tiff groups. my next guest is member of that committee. congressman. jim renacci from ohio. thanks for joining us. >> thank you for having me. lori: you were the last questioner. and got miller to admit he was outraged about these allegations on two different occasions but miller was not compelled to notify anyone in congress. >> that is amazing. when i came before congress he was not outraged. he admitted he was outraged a few mmnths earlier than that. these are things disturbing to the american people and something we have to get to the bottom of. lori: what did you make of his, we were horrible and customer service but we were not biased excuse? >> again, as a businessman for almost three decades it's appalling the answers he gave. as i said, as somebody who represented taxpayers you have to be able, irs would never have accepted the answer he gave us and if there was an individual under tax audit, so i do think that, look, if the organization is that bad, it is deep into the roots of the organization. there is going to have to be, there is just not one issue. this goes across lines. i looked back. that's what happened when government grows way too big. lori: let's address the issue, your state, state of ohio, a battleground state in the 2012 presidential election, many tea party groups looking for the t