Author: Caleb Newquist

Founding editor, Going Concern.

Anti-BCS Group Sics IRS on Bowl Games Over Tax-Exempt Status

If you’re a college football fan, the debate over the Bowl Championship Series is something that has been rehashed every year since it came into existence. As we see it, there are three camps to this situation:

1) Those that hate the BCS with every fiber of their being and would sacrifice a family member (not always a hard choice, we realize) to have a playoff system.

2) Those that are fairly indifferent, which includes significant others that only pay attention because their gridiron-crazed other half can’t stop talking about it – “Nothing you can do about it, so just leave it alone.”

3) Those that support the BCS system because it makes them filthy rich.

But who knew that there was political action committee whose sole purpose for existing was bringing this controversial enigma to its knees? As you might expect, their pursuit has been all for naught but now they are feeling more confident because they are pursuing the BCS in a way that has proven historically successful: tax-related charges:

Playoff PAC, a political action committee that wants the bowls replaced with a championship playoff system, plans to file a complaint with the Internal Revenue Service on Thursday against the operators of the Fiesta, Sugar and Orange Bowls, three of the five games that constitute the Bowl Championship Series (the others are the Rose Bowl and the BCS title game). The Associated Press obtained a copy of the complaint prior to its filing.

A team of six lawyers and one accountant, working for no compensation, reviewed 2,300 pages of tax returns and public documents associated with all four bowls, said Playoff PAC co-founder Matthew Sanderson. The Pasadena, Calif.-based Rose Bowl was found to be “fairly free of these irregularities,” Sanderson said.

Think about it. A seemingly invincible opponent – Al Capone, UBS, you get the pic – has to have a chink in its armor somewhere. With this in mind, the Playoff PAC figured that finding a violation of the mind-numbing U.S. tax law was the best way to slay the BCS beast.

Playoff PAC is citing ‘extravagant’ salaries for the Sugar and Fiesta Bowl CEOs ($645k and $600k respectively) compared to the salaries of the Rose and Orange Bowls ($280k and $360k) as well as zero-interest loans that were provided to Fiesta Bowl executives. Playoff PAC is also poking around perks – the usual: golf, entertainment – provided to Bowl execs and possible extensive lobbying by the Fiesta Bowl and contributions to J.D. Hayworth, who ran and lost against Senator John McCain in the GOP primary.

Naturally, the Bowl people say this is all old worn-out nonsense from a bunch of haters. They comply with all laws, yada, yada, yada.

The problem, as the AP article points out, is that even if the Bowls are throwing around their donations all willy nilly, that doesn’t mean the IRS will revoke their tax-exempt status nor is it likely to get the playoff system in place that virtually everyone wants.

Using the tax law to break the iron grip that the BCS overlords have on the sport may be the right approach but Playoff PAC is going to need a much more convincing case then some exorbitant salaries, a few rounds of golf and big catering spreads. “IT’S DIVISION ONE FOOTBALL!” after all; it’s not for amateurs (except for the players, of course).

AP Exclusive: Tax status of bowl games challenged [AP]

AT&T CEO Isn’t Impressed with Deloitte Study That Says Half of iPhone Users Would Switch to Verizon at the Drop of a Hat

Confidential to AT&T BSDs: Steve Jobs may be an asshole, but he’s not stupid.

Close to half of Apple Inc iPhone users in the United States would be “very interested” in dumping AT&T Inc for Verizon Wireless as a service provider, according to a study from professionals service firm Deloitte.

“If another carrier were to pick up the iPhone, you would probably see a number of defections,” said Ed Moran, director of insights and product innovation at Deloitte.

AT&T’S Chief Executive Randall Stephenson played down the potential impact of the loss of iPhone exclusivity at a Goldman Sachs conference on Tuesday.

Stephenson said about 80 percent of AT&T’s iPhone users were either in family plans making it difficult to cancel service or had received their phone through their business. [Ed. note: rumor has it that after making this statement, Stephenson was heard laughing maniacally]

Study finds iPhone owners want to switch to Verizon [Reuters]

Vault Accounting 50 Rankings: Digging Into The Top 10

Kicking off our series of posts on the Vault Accounting 50 is the Top 10 firms. While we’ve got two very familiar names at the top, the rest of the top ten you may not be familiar with.

Feel free to comment on any of the firms in the top ten and their appropriateness or lack thereof or whatever else strikes you.

Plus If you’ve got any news, gossip or other information (compensation, cost-saving ingenuity and so on) for any of these firms that is fit for this here site, do get in touch with us at tips@goingconcern.com.

Now before we get to the highlights and lowlights on each, let’s refresh op ten:

1. Deloitte – New York, NY
2. PricewaterhouseCoopers – New York, NY
3. Rothstein Kass – Roseland, NJ
4. Marcum – Melville, NY
5. Dixon Hughes – High Point, NC
6. Moss Adams – Seattle, WA
7. Elliott Davis – Greenville, SC
8. Friedman – New York, NY
9. Kaufman, Rossin & Company – Miami, FL
10. Cherry, Bekaert & Holland – Richmond, VA


Here’s some of the buzz (and maybe a comment from us) from Vault’s profiles on the top ten:

• Deloitte – “Earning potential as a partner is huge” but “Long path to partner” (that includes working “a lot of hours and weekends”)

• PricewaterhouseCoopers – “The dean of public accounting” but “Pompous; GPA’s their only concern—they don’t consider experience or ambition”

• Rothstein Kass – “Underdogs; competitors, hard workers” that are “Understaffed and undertrained”

• Marcum – “Close to the Big Four—and growing in size daily”; “Works you to death; will spit you out if they don’t think you’re top talent”

• Dixon Hughes – “Plenty of opportunities to advance”; “Headaches of rapid growth yet still limited by regional size”

• Moss Adams – “Well-run, great firm”; “Could do better with its overall minority recruiting efforts” (Barry Salzberg might be willing to help!)

• Elliott Davis – “Good, smaller firm”; “Lacks technical expertise”

• Friedman – “Easy going atmosphere”; “Heavy pressure” (Jekkyl and Hyde?)

• Kaufman, Rossin & Company – “Great working environment”; “Works with a lot of hedge funds; boys’ club”

• Cherry, Bekaert & Holland – “Very reputable; Southern powerhouse”; “Work product is subpar”

And a sample of stories around these parts on the Top 10:

• Deloitte associates attempting hip-hop

• A PwC partner in Houston that might make you think twice about attending happy hours

• Pre-Labor layoffs at Rothstein Kass

• Consider hitting the books before interviewing at Marcum

• Moss Adams picked up Grant Thornton’s Albuquerque office

• Kaufman, Rossin settled their lawsuit over their role in missing the Petters Ponzi Scheme for a shade under $10 mil.

Gerri Willis Doesn’t Care What A Couple of Old Men Think About Tax Cuts

In case you haven’t heard, there’s a bit of a debate over what to do about the expiring Bush tax cuts. And because it’s an election year, they make for a perfect political pigskin to throw around.

Fox Business Network is marking this momentous occasion with Taxed to Death Week (a demise that we do wish for our worst enemies) and wons to Gerri Willis of the Willis Report.

Going Concern: Tax cuts are a pretty popular way for politicians to pander to their constituents. It seems pretty convenient that they are set to expire right after the mid-term elections. Who should we blame for this?

Gerri Willis: There are plenty of people to blame – George W. Bush put them into place way back in ’01 and ‘03 and we knew way back then they had an expiration date – so take yer choices, there are plenty of politicians to point the finger at.


GC: And God knows Americans need someone to blame. Since Congress let the estate tax expire, is there a real risk that the tax cuts could expire without any action?

GW: Sure, it’s actually the easiest action to take because it requires absolutely no effort on the part of anybody – Congress doesn’t have to do anything. The President doesn’t even have to pick up a pen to sign the bill. They could all just dither until midnight December 31. Whoosh! Tax hikes.

GC: Just like tornadoes in Brooklyn. And that’s not good for anybody. Anyway, there’s a lot of information and misinformation out there with regard to the tax cuts. Can we safely assume that objectivity is taking a back seat to political gain and Americans are at the mercy of the rich and powerful (who, incidentally, are the ones greatest affected by the ultimate outcome)? How can Americans know what’s really going to happen? How can accountants best sort through all the noise to best serve their clients?

GW: Surprise! Politics are involved – of course they are, but Americans aren’t stooges. There are plenty of places to get objective information on the tax cuts. I’d suggest Fox Business and The Willis Report. Frankly there is no way for accountants or anyone else to know what is going to happen – Congress is really holding us hostage – my financial advisor sources say nobody is going on vacation in December because they know that something can happen anytime that will change the landscape.

GC: Here’s something strange – Warren Buffet has indicated that he’s in favor of eliminating tax cuts for the wealthiest Americans. Alan Greenspan is in favor of letting all the tax cuts expire. So we have one of the richest people in the world saying he’s willing to pay more taxes and the former head of the Federal Reserve saying that everyone should pay more taxes. Generally speaking, these are smart guys. Are they onto something or is this a sign that we need to start ignoring everything that old men say?

GW: Okay, to be fair here there is wealthy and then there is wealthy, right? $250,000 in San Francisco or LA or NYC is not the same thing as $250,000 in Omaha or Comanche TX. And, Greenspan simply continues to try to resurrect his reputation which was harmed by the mortgage meltdown.

GC: Ultimately though, the one thing Congress agrees on is that tax cuts for the middle class should stay and the big debate is whether the wealthy get a short extension on their cuts or a “permanent” (although it’s not really permanent) one. But do rich people really need an additional moderately-priced BMW?

GW: Heehee. Maybe they won’t buy a BMW – maybe they’ll hire someone! The thing for the middle class to know is that it isn’t just your income taxes at stake – there are a handful of beloved middle class tax credits at stake too – write-offs for college loan interest; child tax credit; and of course there is no AMT patch yet this year – if that doesn’t come to pass tens of thousands of Americans could owe AMT — a tragedy.

BREAKING: At Least One PwC Employee Isn’t Sold on the Rebranding

It’s been just over a week since we broke the story on PwC’s rebranding. Now that everyone else has caught up to the story, we’ll share with you some fresh news on the makeover.

Since today marks the first day of u’re warming up to the new team colors. Then again, you may share the feelings of one P. Dubs employee that took the time to email Bob Moritz to chime in on the new look. Apparently (not really sure how these things happen) the email is making the rounds at PwC and it just so happened to find its way into our mail bag:

To be perfectly honest, I’m not a fan of the new branding. In your email you wrote “…we are altering what we believe is an outdated visual identity to better express the kind of vibrant and relationship-based firm we have evolved into.” I find it ironic that you referred to our former visual identity as outdated when our new brand looks like a throwback – a 70s color scheme meets an IT startup.

I completely agree with the comments on the website where the brand is repeatedly referred to as child-like and unprofessional. I feel like the explanation for the symbol is also very complex. The *connectedthinking brand was simple and easy to understand. With the new symbol, everything has a meaning, from the colors to the solid blocks to the transparent blocks. A symbol should be fairly self explanatory – this one requires too much explanation.

I love the fact that the company has been focusing more on changing behaviors and placing a greater emphasis on building relationships. However, I fail to see where a new brand would affect this. Colors and symbols don’t represent PwC, the staff does. In one of the online discussions it was pointed out that following a salary freeze one year and layoffs the following year, it almost seems foolish to spend so much money to “reinvent” ourselves. To quote a wise PwC employee, “A new brand isn’t going to win business, motivated people will.” I find it hard to believe that this new, colorful symbol will be the motivation that people need to help expand our business and improve relationships with clients. A better way to motivate the staff would be more incentives – bonuses, rewards, raises – positive reinforcement. Pavlov was definitely on to something with the concept. Interactive gallery stations complete with iPads to show off the brand? Activities revolving around the launch of this new brand? Is this really the best method of spending funds?

Also disturbing to me is the environmental impact this could have. I can’t imagine that this won’t set back the Firm-wide goal of reducing our carbon footprint. Letterhead, business cards, report covers, envelopes (to name a few paper products) all need to be reprinted. It seems like an incredible waste to discard everything we already have in favor of this new brand (we received an email letting us know that after October 4th we are not to use any of the old paper products). I hope we are at least planting a bunch of trees to help compensate Mother Nature for the amount of paper that will be wasted with this change.

It’s disappointing to feel like we have taken two steps forward and three steps back. I realize that it is what it is, but I felt that I should voice my opinion from down here on the totem pole.

It’s been suggested that October 4th will be the great PwC Shredding Day that will no doubt involve a convoy of Shred-it trucks out 300 Madison (and offices nationwide for that matter) along with employees dropping their old business cards into every fish bowl they can find.

So mark it on your calendars and definitely document the shredding in action or perhaps a bonfire (done safely and in full accordance with the law) and send us the pictures.

Accounting News Roundup: The End of Summers; KPMG Adds More Restructuring Talent; Back to Basics | 09.22.10

Summers exit lets Obama retool team and message [Reuters]
“The departure of economic adviser Larry Summers opens the way for President Barack Obama to shake up leadership of his economic team and show he is taking seriously growing public frustration over the sluggish economic recovery.

Whoever replaces Summers ions constrained by a record $1.47 trillion budget deficit and the possible Democratic loss of control of the House of Representatives in November 2 congressional elections.”

The Obama Tax Plan: Who’s in the Crosshairs? [TaxVox]
“President Obama’s plan to raise taxes on the nation’s highest income households may not quite mean what you think. A closer look suggests that fewer people may get whacked than either Obama or his Republican critics suggest. And for many of the victims, the club won’t be the president’s plan to raise rates to 36 percent and 39.6 percent. Those rate hikes may be getting most of the attention, but the real cudgel would be higher taxes on capital gains and dividends going to high-earners.”

H&R Block Announces New Chief Financial Officer [MarketWatch]
“H&R Block (HRB 12.82, -0.08, -0.62%) announced today the appointment of Jeff Brown as chief financial officer. Brown has been the company’s interim CFO for the past five months. As an eight-year veteran of H&R Block, Brown has played an important role in a variety of financial functions.

‘I am very pleased with the leadership Jeff has provided me and the organization in his interim role,; said Alan Bennett, H&R Block’s president and chief executive officer. ‘Jeff has all the talent and personal characteristics needed to be highly successful as the permanent CFO. He has earned my full confidence, as well as that of the board of directors.’

Most recently, Brown served as H&R Block’s corporate controller. Prior to that, he was the corporate controller and vice president of finance (Americas) at Bacou-Dalloz, now Sperian Protection, and served in key positions at KPMG. Brown has a business administration degree from the University of Nebraska and is a certified public accountant.”


Sentencing of Petters’ accountant is postponed [Minneapolis Star-Tribune]
“Tuesday’s scheduled sentencing of James Wehmhoff, the accountant who helped Tom Petters file false tax returns, has been postponed until sometime in October. The postponement was ordered by U.S. District Judge Richard Kyle at his own behest.

Wehmhoff faces a prison sentence of between 70 and 80 months on tax charges, but federal prosecutors have asked Kyle to consider Wehmhoff’s cooperation in the Petters investigation and his previously “unblemished” career before he hooked up with Petters Group Worldwide. The government also noted that Wehmhoff was not part of the $3.65 billion Ponzi scheme that Petters and others orchestrated for more than 10 years.”

KPMG Continues to Add Restructuring Talent With Appointments of Tony Murphy, Tom Bibby [PR Newswire]
The House of Klynveld must be counting on more companies falling prey to their massive debt loads with the appointment of Tony and Tommy who both have “proven track records” as restructuring professionals.

Accounting Basics: A Guest Post From Robert B. Walker [Re:The Auditors]
“[New Zealand] follows an American model in which people who are to become accountants are ‘educated’ in Universities. There is minimal emphasis on double entry. Most of the courses are dedicated to theory, bullshit sociology, complex management accounting, auditing and so on. None of this makes any sense to a student if they first do not know the basics of accounting and that can only be gained by actually practicing the discipline.”

Comparing the Ethics Codes: AICPA and IFAC [JofA]
“Sharp increases in the number of multinational audits being performed by U.S. accounting firms means that more CPAs are performing services under the International Federation of Accountants (IFAC) audit and attest standards. Although auditors must comply with the specific standards adopted in each jurisdiction, familiarity with IFAC’s International Ethics Standards Board for Accountants (IESBA) Code of Ethics for Professional Accountants (IESBA Code) in addition to the AICPA Code of Professional Conduct (AICPA Code) is a critical first step. When specifications differ, members should comply with the more restrictive of the applicable standards.”

The IRS Isn’t Interested in Delaying the Issuance of Potentially Bogus Refund Checks

The Treasury Inspector General of Tax Administration sole purpose is giving the IRS shit about anything and everything under the sun. This is known.

We here at Going Concern have a tendency to find the more ridiculous feedback that IG digs up and share it with you. Today however, the TIGTA might be on to something:

WASHINGTON- The Internal Revenue Service (IRS) should make better use of the third-party data it receives from employers, government agencies and financial institutions to reduce erroneous refunds, increase revenues and promote voluntary compliance, according to a new audit report publicly released today by the Treasury Inspector General for Tax Administration (TIGTA).

TIGTA found that the IRS:

• Could make better use of available third-party data to identify and prevent more than $1 billion in potentially erroneous refunds;
• Does not have a centralized control point for third-party data requested or received from outside sources; and,
• Lacks a standardized procedure for validating data.
• The report also found that additional validation of taxpayer information using third-party data is needed to validate claims for the Earned Income Tax Credit (EITC) and other credits.

“These problems allow a substantial number of erroneous refunds and credits to be granted that are not allowable by law,” said J. Russell George, the Treasury Inspector General for Tax Administration. “For example, I am troubled that we found a lack of adequate corrective action by the IRS to address improper claims in the EITC Program, which is particularly vulnerable to fraud.”

TIGTA recommended that the IRS freeze refunds for those taxpayers with potentially invalid EITC claims, require valid responses before allowing the EITC claims, and adjust the returns if taxpayers do not respond within a specific time period.

The IRS disagreed with TIGTA’s recommendations to freeze potentially invalid refunds and to create a centralized control point for all third-party data.

Apparently the IRS can’t handle the flood of angry calls from washed up models, degenerate gamblers and dead people demanding their refunds RFN.

Full Report [TIGTA]
TIGTA: IRS Refuses to Stop Issuing $1 Billion in Erroneous Refund Checks [TaxProf Blog]

The Second Tier of Vault’s Accounting 50 Has More Familiar Names

As promised, we’re presenting the second half of Vault’s Accounting 50, which has a lot of familiar names at the top of the second tier.

26. Plante & Moran, PLLC – Southfield, MI
27. J.H. Cohn LLP – Roseland, NJ
28. Eisner LLP – New York, NY
29. Clifton Gunderson LLP – Peoria, IL
30. Crowe Horwath LLP – Oak Brook Terrace, IL

31. BKD, LLP – Springfield, MO
32. Weiser LLP – New York, NY
33. Baker Tilly Virchow Krause, LLP – Madison, WI
34. Amper Politziner & Mattia, LLP – Edison, NJ
35. LarsonAllen LLP – Minneapolis, MN
36. Anchin, Block & Anchin LLP – New York, NY
37. Novogradac & Company LLP – San Francisco, CA
38. UHY Advisors, Inc. – Chicago, IL
39. Wipfli LLP – Milwaukee, WI
40. Beers + Cutler PLLC – Vienna, VA
41. Marks Paneth & Shron LLP – New York, NY
42. Citrin Cooperman & Company, LLP – New York, NY
43. Margolin, Winer & Evens LLP – Garden City, NY
44. Stonefield Josephson, Inc. – Los Angeles, CA
45. Blackman Kallick – Chicago, IL
46. Aronson & Company – Rockville, MD
47. Schneider Downs & Co., Inc. – Pittsburgh, PA
48. Burr Pilger Mayer, Inc. – San Francisco, CA
49. Watkins, Meegan, Drury & Company, L.L.C. – Bethesda, MD
50. Frank Rimerman & Co. LLP – Palo Alto, CA

As we said this morning, we’ll dig into some of the particulars on all these firms in a series of posts and point out any past stories we’ve done in these here pages for additional color. For now, feel free to comment on the second tier.

Earlier:
Vault’s New Accounting 50 Ranking Has Plenty of Surprises

Wife of Ex-Deloitte Partner: Porn-extortion Plot Saved Our Marriage

[caption id="attachment_17969" align="alignright" width="260" caption="The happy couple. SOURCE: Jeff Day/NYP"][/caption]

Remember back in May when we told you about Steven Klig, the former Deloitte tax partner-cum-lawyer who attempted to extort his ex-lover with a sex tape? Klig was merely looking for some additional nude pics of his mistress after she broke it off and when she didn’t comply, Klig started with his devious-randy plot.

Klig thought to do some of his blackmailing while on vacation with the wife in kids at Disney World, which is especially creepy considering he would have been drowning in happiness.

Well, Klig is to be sentenced on Friday after pleading guilty in May to illegally accessing a computer network to threaten his mistress. Yesterday he had a whole host of people singing his praises, including his wife, who told the judge that this whole situation has turned things around for them.

In court papers filed yesterday, Steven Klig’s wife, Ellen, said she “thought our life was over” when six FBI agents showed up at their Great Neck, LI, home last year and arrested her hubby for extortion.

“Instead, it was just beginning again. I got my husband back and my children got their father back,” she wrote to Manhattan federal Judge John Koeltl, who will sentence her husband Friday.

Ellen — who said Klig had “withdrawn from our family” due to job-related stress — noted that they’ve been seeing shrinks “individually and as a couple,” and “really work at keeping the lines of communication open.

“As a couple, we have rebounded to the point that after 20 years of marriage, we renewed our wedding vows and our commitment to each other and to our family,” she wrote.

Oh sure lady. Blame Deloitte! It’s bad enough that they have to take shit from the likes of Marin County California. But now you’re saying your marriage troubles were the fault of a firm that is going to (supposedly) create a quarter of a million jobs and the arrest of your husband for plan he concocted in order to get his rocks off are what turned it all around?

Even Klig himself claims that he was somewhere in between mild-mannered tax attorney and something out of a David Lynch film:

Klig — who has never revealed if he actually had the sex tape — blamed his shameful scheme on a sleep disorder, saying, “I really have no explanation other than I strongly believe . . . I was in a world that existed somewhere between insanity and sanity.”

Several former Deloitte co-workers also penned missives in support of Klig, who left the firm in disgrace after his arrest.

Former colleague Monte Jackel wrote that he “heard no mention of any misconduct of any type on Steve’s part . . . until the story broke in the New York Post.

“I was truly shocked at the allegations . . . but view them as out of character with the Steve Klig that I knew then and know today,” Jackel wrote.

The guy in between, well, who’s to say?

Lusty lawyer bust turned marriage around [NYP]

KPMG Advises Tulsa Police to Get into Arms Dealing

The strangest thing about this story is that KPMG had to tell the City of Tulsa, OKLAHOMA that, you know, maybe they could sell some of these guns to OKLAHOMANS for money.

Selling the hundreds of guns that Tulsa police confiscate each year instead of melting them down is one of several revenue-generating ideas included in the KPMG efficiency report.

But city and police officials said that would have to be done cautiously, if the idea makes it past the evaluation process.

“What (KPMG) is essentially saying is that we are destroying assets that could bring us revenue,” Mayoral Chief of Staff Terry Simonson said.

The report recommends the firearms be sold to certified dealers through the already-established city auction process, rather than incurring $80,000 per year in costs to dispose of them.

Once you’re able to get the idea of Oklahoma actually having firearm dealers around your skull, we will admit that we’re being a tad harsh on Tulsa.

You see, they used to sell confiscated guns until some freedom-hating police chief decided that occasionally these guns end up in the hands of bad people and that destroying them was a better solution. The fact that this even occurred in the Sooner State without a populist uproar and nightly vigils for all the destroyed Smith & Wessons is beyond comprehension.

But never mind that. Here we are, 20 years later and KPMG suggests they get back in the gun trade. God knows municipalities need the money these days and spending $80k melting down perfectly fine weapons is just silly. Sadly, not all guns are created equal:

If the city began selling guns again, [Capt. Jonathan] Brooks said, there are still many of the confiscated weapons that would have to be destroyed.

“Obviously, we wouldn’t be able to sell guns that have been modified or altered from the original manufacturer’s specifications, such as sawed-off shotguns,” he said.

“We also wouldn’t want to be selling any assault-type weapons.”

This guy also probably voted for Obama.

KPMG finds asset in guns [Tulsa World]