He tells us. Just as tax revenue hits record levels, president obama wants more. Cheer up. Its only four days until the cost of health care goes up for everybody. Varney company about to begin. Thank you orlle and wilbur. Amelia. Neil and buzz for teaching us that you cant create the future. By clinging to the past. And with that youre history. Instead of looking behind. Delta is looking beyond. 80 thousand of us investing billions. In everything from the best experiences below. To the finest comforts above. Were not simply saluting history. Were making it. You know how painful heartburn can be. For fast, long lasting relief, use doctor recommended gaviscon®. Only gaviscon® forms a protective barrier that helps block stomach acid from splashing up relieving the pain quickly. Try fast, long lasting gaviscon®. President obama finally admitting that your taxes will go up to pay for obama care. Ladies and gentlemen, here it is. So what we did, its paid for maya combination of things. We did raise taxes on some things. Stuart oh, yes, you did. And here is where you will be paying more. Right off the bat, 2013, 2. 3 tax on medical devices. Higher medical bills Tax Deduction and 10 under obama care. A cap on pretax spending accounts and that represents a tax increase. 3. 8 tax on income on households making more than 250 grand. All individual income over 200 grand and the big one kicks in next year. The individual mandate sur tax. And a mandate imposes 2,000 per employee penalty with more than 50 people who do know the provide health coverage. Were saying all along, its going to cost you and now that its here, the president is admitting it. 67 Million Dollars is missing from what some say is an obama care slush fund. A report says the missing money was part of a fund that was for obama care implementation. 67 million missing. Outrage, an overused term in the media, but i am going to use that word. Wait until you hear what theyre doing with pension money in detroit, billions in bogus payments. My take on that later this hour and thats outrage. We called it, the geeks shall inherit the earth. Twitter makes a deal with the nfl. Talking big money on this. First, could be the greatest comeback in sports history. The us. A defeating Team New Zealand in the americas company. And the team usa was 81 behind and they won eight straight races. And they won the cup and it says in the United States of america. [ male announcer ] now, taking care of things at home is just a tap away. Introducing at t digital life. Personalized Home Security and automati. [ lock clicks ]. That lets you be cloto home. Thats so cool. [ male announcer ] get 100 in instant savings when you order digital life smart security. Limited availability in select markets. Ask me what its likey in select markets. To get your best nights sleep every night. 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That was Liz Macdonald, very funny Liz Macdonald on red eye last night. Has she sobered up and shes going to be right here in just a second. Hold on now, liz. Coming off the opening bell, lets go to chicago, Scott Shellady is with us, all kinds of headlines today. Whats yours . Whats your headline thats moving the market . Well, i tell you what, after yesterdays comeback victory with team usa and Americas Club id like to nominate Larry Ellison for fed chair, we need that kind of comeback to get out of the doldrums. But look at how qe has compressed volatility and i think its been helping the market over this debate that weve been having in washington, rather than hurt it. If we didnt have qe, i think wed be are we going up today, stocks . Yeah, weve been down five days in a row and its time to claw back the losses. Stuart thats the story. Time to go back up. Thank you, scott. And the bell has rung and a dow that gained 15 points in 20 seconds. Not bad, the opening trend is up. We were very close to putting j. C. Penney on death watch this morning and we had the organ music ready to go. Maybe they got wind of it because the stock actually has moved a little higher in the early going. And lets say its on life support. No, its down. Look at that. Nicole entire, relative to where it was earlier this morning, because earlier this morning, stuart, j. C. Penney was down nearly 10 . And that was on the news that they may have to raise some cash, maybe up to a billion dollars in new equity, but since then, the company came out and made it very clear that theyve had turn around progress and pleased with their progress and they have greater predictability and j. C. Penney. Com sales continue double digits ahead of last year and that erased the losses that we saw earlier today. Now its almost flat. Stuart im going around the table here, i think that j. C. Penney might be the first Major Department store chain to go out. And nicole, you first. When was the last time you stopped at j. C. Penney . No, no j. C. Penney. Not been to j. C. Penney, maybe one time in my entire life, maybe once. Stuart youre such a snob. And when they had the ceo changeover, six months in, it was not good. Stuart the last time you went. Didnt make a purchase and didnt feel right. Stuart liz . And calling back the ceo is like calling in the plumber. And you know, i was in there i think six years ago, just to look around, and i may have shopped there oncement i cant recall, but you know, i really want j. C. Penney, honestly, personally to pull it through. I agree, i support that succeeding. Stuart you Like Department stores . Typically i do at that price point, its a good thing, an option for you. Stuart and you like the plumber joke. I cant get over Liz Macdonalds perform on red eye, that was pretty good. Im still recovering. Stuart a serious subject. A name you know, eli lilly, its experimental cancer drug fails in a Breast Cancer drug, but appears to have succeeded somewhat with gastric cancer. The stock is down 2 on that. Ive got carl icahn, you know, he said that apple stock is cheap. You know, we hear hes going to meet oneonone, facetoface with tim cook probably in new york next week. Liz, what do you make of that . I think that carl icahn, he tweeted out a couple months ago he owns a large stake, not a large, quite a bit. He said, quote, quite a bit of apple shares and he wants a bigger stock buyback a than the one apple has right nnw. Listen, without the big cash position, theyre valued around 300 billion and not the 441 billion. He could be buying that stake as hes done with other companies to push it to do a bigger stock buyback or more dividends, right . If youve got 100 billion in cash, actually way more than that now days and maybe icahn will push for a dividend, but more of a stock buyback. Something like that. Yeah, he wants something, he wants something and hes in a position to meet with tim cook and get it, maybe. Stuart back to nicole, facebook, is it at 50 yet . Facebook is up 50 and j. C. Penney hit a low from when we just spoke, a new 13year low. Stuart and facebook is at 49. 86. Yeah, it crossed 50 and went to 50. 02. Stuart i want the bells to ring when it gets back to 50. Thats a big deal. Now, twitter, this is a big Money Technology story. Twitter and the nfl announced a very Big Partnership to stream game highlights on twitter, social network. Jo ling is here, youve got to tell me how it works. Essentially theyre allowed to air clips and whats valuable. The ads can be paid for and purchased through twitter and the nfl. So its a gooed opportunity for revenue stream. One thing interesting about this, this is for nfl network and the thursday night game and does not include the cash cow of monday night football, but i have a feeling this is a major step in that direction and i talked to twitter last night and they sounded excited about the deal and confirmed the details in the wall street journal article. Stuart hold on a second, i go and i follow the nfl twitter site, right . Thats what i do. Yeah. Stuart go on to that. Its less who you follow and more about the licensing of the clips and whats allowed to be played. Clips played via twitter. So its instant replays of the highlights on twitter, thats interesting. The reason its valuable is because of ads on both sides. Stuart both sides get a share of the ad revenue from that nfl twitter feed. Thats what im getting at. Exactly. Stuart thats serious money. Thats where the money is. Stuart take me through this technologically, too, seems were moving fast youve got your smart phone you can watch anything, anywhere, anytime. Sort of, but nfl has been the problem and nba games as well. The licenses the value of the games is very expensive and of course, thats going to be exclusive rights for different types of channels, right . And thats the issue with sports, cant always live stream it in every form. Stuart twitter breaks through and theyre now with the nfl. Twitter is breaking through with the highlights and i have a feeling that monday night football and all of those are on the way. Stuart right before the ipo. Take a look at walmart, the company denying the report that unsold merchandise was piling up. The report went down and the stock dropped about 3 . And whats walmart saying today . Theyre essentially saying, listening, were managing our inventory correctly, that the emails leaked are talking about different parts of the inventory that they were decreasing, but theyre increasing in other areas and the problem is, we have a Holiday Shopping season, stuart, that could look like 2009 and walmart does not want to be put back on the wrong foot as it was in 2011 in january when it found, whoa, we really overestimated Holiday Shopping and we were stuck with a lot of inventory. The name of the game is samestore sales. They have to keep their samestore sales up to appease wall street. If they screw up the inventory and do it wrong, theyll get hit hard. Theyve got competition from amazon and other places to shop. Stuart a quick update. We mentioned at the top of the show, the justice departments wants 11 billion from j. P. Morgan, finding it at fault in the mortgage debacle. And jamie dimon and he returns j. P. Morgan. He arrived at the justice department, and wonder what theyll be discussing . And Michelle Girard at the state and federal levels, numbers came out this week, is it the high level of taxation, all that revenue coming into the government, do you think thats whats keeping this economy so slow . Well, you know, i do think that, obviously, higher taxes are not good for the economy. I also think even away from taxes, the general uncertainty that businesses have faced in addition to the increased Regulatory Burden that companies have faced. All of these things come together to make for not a very pro growth environment and thats at the heart of why we cant seem to get out of this malaise. Stuart thats what im looking for, im looking for some way of saying were going to have real growth and get, 4, 5, 6. But weve got obama care come out as more taxes are levered next year. I dont see us getting out of the doldrums and i want to know if you do. Unfortunately, weve talked about. I dont see the impetus for a pick up in growth to anything close to, you know, 3 on a sustainable basis. I dont see what would cause businesses to suddenly get more optimistic and begin to hire more aggressively, which i think is at the root of a lot of this. We need better employment growth across the board for, i think, for us to begin to hope that things could get better and i dont see that happening in the near term. I want you to tell me about the status of the labor market. Weve had reports for a long time now that more old people, older people, i should say, are staying in the labor force, where younger people, theyre not coming into the labor force. It seems to me like the labor market, the employment picture in america has really been skewed and i think thats a negative. I want to know what you think . Theres a lot of cross currents going on. Stuart, as you said, there are older individuals are staying at work longer, a lot of that is because of the wealth that was lost during the turn down turn. You see that group working longer although the overall participation rates are more. One of the things youve been focusing on it the Labor Force Participation rate is coming down and due to the fact that we had more individuals in this 65 and older group that, you know, 20 of that group are only less than 20 are in the work force and the younger end of the spectrum are staying in school and trying to get educated because its so difficult to find a job, that thats the option and that has hurt the Labor Force Participation rate on the low end. Stuart it aint the baby boomers retiring. And youve got to care he me out of here, got to carry me. Why are you laughing . Michelle, thanks indeed and well see you again. Look at the big board, its a rally much bigger thatten we thought it would be. 15, 336. After the break, a man who runs dozens of restaurants calls obama care the worst thing to happen in his industry in 20 years. He says its killing him. Well, hes next. Everybody hurts announcer scottrade knows our clients trade and invest their own way. With scottrades smart text, i can quickly understand my charts, and spend more time trading. Their quick trade bar lets my account follow me online so i can react in realtime. Plus, my local scottrade office is there to help. Because they know i dont trade like everybody. I trade like me. Im with scottrade. announcer scottrade. Voted best Investment Services company. Amelia. Neil and buzz for teaching us that you cant create the future. By clinging to the past. And with that youre htory. Instead of looking behind. Delta is looking beyond. 80 thousand of us investing billions. In everything from the best experiences below. To the finest comforts above. Were not simply saluting history. Were making it. See who does good work and compare costs. It doesnt usually work that way with health care. But with unitedhealthcare, i get information on quality rated doctors, Treatment Options and estimates for how much ill pay. That helps me, and my guys, make better decisions. I dont li guesses with my business, and definitely not with our health. Innovations that work for you. Thats health in numbers. Unitedhealthcare. train horn vo wherever our trains go, the economy comes to life. Norfolk southern. One line, infinite possibilities. All right. Its been a stable rally. Up 63 as we speak. Look at a couple of stocks that ive got for you. J. C. Penney, gold, go to gold. 1331 per ounce, down 5. Lets go to a couple of shares now. First of all, facebook, oh, i thought it hit 50, backed off again, 49. 59 a lot of people are pleased about that. And j. C. Penney got hit after we covered it at the top of the show and now down 33 cents at 9. 79. Obama care, less than a week away, at least the exchanges are, its the worst thing to hit the Restaurant Industry in 23 years. Greg joins us now and he runs 70 franchises, dominos, employs 1400 people in five different states. Greg, you say this is the worst thing to hit the Restaurant Business in 20 years. Youve got 30 seconds, make your case. How bad is it . Thank you, stuart, great to be here. I want to say that my opinions are not necessarily the same as nigh franchise corporation, the brands that i franchise, but, yeah, really i think the misconception is that were all worried about the cost. Thats not my concern. I do currently offer insurance to all of my employees that work over 30 hours a week. My concern is the administrative nightmare tracking. I have a thousand parttime employees im going to have to monitor on a monthly basis to see if all of a sudden they qualify. Stuart if they work ten hours like work like ten hours one week and 40 hours the next week and 35, youve got to keep track of every single individual and report at the end of the month, and thats it . Oh, exactly. And our fear is if we miss somebody, you know, we can get fined then what if they get sick . We can get sued because we failed to notify them all of a sudden, they became eligible. Stuart now, if people in the Restaurant Business, ive worked in the Restaurant Business as a young man. Nt ho maximum hours on the job because you want to maximize your tip income and you want to work those hours. Does obama care get in the way of that by pushing people down the food chain, down below 30 hours a week . You know, not for us. Were not going to lose a great team member by shaving their hours to avoid providing them health insurance, thats just not a Good Business model. We feed the tigers, ride the horses and shoot the dogs. We want our great people to get the hours they need and encourage them to do so. So, thats really know the our goal. Quite honestly, most of the employees that are eligible for it that arent on our management team, you know, opt out of it. If they have to pay a little bit of the share of the premium, like all of our employees do, 98 of them decline coverage. Stuart what are you going to do about it . You called it an administrative nightmare. Anything you can do . Well, you know, we are going to explore the walgreens plan and we havent decided yet, but we may end upsetting up our employees to the exchange this year since the employer mandate has