“Like the killers in those really bad slasher movies, this tax subsidy wreaks havoc wherever it goes, appears to meet its demise in the last reel, yet returns to create more misery.”
Author: Caleb Newquist
Founding editor, Going Concern.
Why Did Dave & Buster’s Fire Ernst & Young?
Earlier in the month, adult playground company Dave & Buster’s filed an S-4 to register $200 million in senior notes. Everything seemed to be in order and the month of August just moseyed along as it does.
Until the 24th, when GOD KNOWS what happened and D&B’s audit committee up and fired E&Y. They then filed the amended S-4, letting the whole world know about it:
CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS ON
ACCOUNTING AND FINANCIAL DISCLOSUREOn August 25, 2010, Ernst & Young, LLP (the “Former Auditors”) was dismissed as the Company’s independent auditors. The Audit Committee of the Board of Directors of the Company approved their dismissal on August 24, 2010.
The Former Auditors’ audit report on the Company’s consolidated financial statements for each of the past two fiscal years did not contain an adverse opinion or disclaimer of opinion, and was not qualified or modified as to uncertainty, audit scope or accounting principles.
During the Company’s most recent two fiscal years and through the subsequent interim period on or prior to August 25, 2010, (a) there were no disagreements between the Company and the Former Auditors on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to the satisfaction of the Former Auditors, would have caused the Former Auditors to make reference to the subject matter of the disagreement in connection with its report; and (b) no reportable events as set forth in Item 304(a)(1)(v)(A) through (D) of Regulation S-K have occurred.
Naturally, this invites rampant speculation as to the why, why and the why? It’s not the most high profile client on Earth but as Adrienne pointed out, Ernst & Young is now on a list with Vice-President Joe Biden and no one needs that.
Dave & Buster’s, Inc. Announces Dismissal of Independent Auditor [Business Newswire via JDA]
(UPDATE) Which One of You Left Your Benz Parked In Front of KPMG HQ?
Because you’ve caused a ruckus.
It’s an especially nice touch that the Shred-it truck is outside. Coincidence?
UPDATE: Said Benz has been towed and NYPD has re-opened Park Ave. Apparently it “appeared to be weighed down in an unusual way,” which leads to believe that the Shred-it truck was completely packed and some partner had pull around front to help get some sensitive docs out of 345 Park.
How Desperate Is Wesley Snipes to Stay Out of Jail?
SO desperate that in addition to appealing his conviction on any possible grounds, that he has hired private dicks (allegedly!) to following Ponzi Schemer du jour (allegedly!) Ken Starr’s wife, Diane Passage.
Passage told the Post, “I was leaving, and I noticed two men trailing behind me. They stood out because they were wearing dark suits on a 90-degree day. They followed me for a block and a half, then I lost them because they were sweating so much. They contacted my doorman and my attorney, and said they wanted information that might help Snipes. He was a client [of Starr] in 2000 but before I met my husband. I have nothing to do with his taxes.”
So, naturally, this is all very confusing, as the connection between the pole dance master’s problems (frozen bank accounts) and Willie Mays Hayes’s problems (looking at 3 years in the joint for tax evasion) is basically nil.
The only that we can come up with is that Wes is reaching the obscurely known “celebrity realizes that they are for real, like really real, going to jail” freak-out stage.
Wesley Snipes has private eyes after Ponzi schemer Starr’s wife [NYP]
PCAOB Puts Congress On Notice; Requests Public Enforcement Proceedings
Despite the setback that was the creation of the PCAOB, the Big 4 have to be pret-tay, pret-tay, pret-tay pleased with the privacy they get when it comes to the Board’s disciplinary actions.
Perpetually-acting chair Dan Goelzer wrote a letter to the Senate Banking and House Financial Services Committees saying that by keeping the proceedings mysterio and out of the public eye. The current arrangement “gives firms and auditors an incentive to drag out litigation, sometimes for years,” and that simply won’t do.
Despite the general public’s disinterest in all things accounting (until the shit hits the fan, of course), the Board is still trying to find its place as the relatively new kid on the bureaucratic block. This request seems to be an attempt at fitting in:
The Public Company Accounting Oversight Board’s proposal would repeal a requirement that its disciplinary actions remain secret, according to a copy of the document reviewed by Dow Jones.
The public now is denied access to information about accountants that have been sanctioned or charged by the PCAOB, acting Chairman Daniel Goelzer said in an Aug. 24 letter to several members of the Senate Banking Committee and House Financial Services Committee.
Since the federal government has been all about transparency lately, it would be surprising for Congress to take the Board up on the offer. The problem is, it won’t really do much to speed anything along and transparency will remain an issue. If you remember, last month the SEC issued its final rule on the PCAOB appeals process that goes into effect next week.
That rule will: allow firms to dispute findings during the inspection process; prohibit the PCAOB from making those disputed findings public until the SEC investigation is completed and the SEC still has the option to make findings permanently private, if it so chooses.
So even if Congress is convinced that the PCAOB’s plan to make the proceedings public is utter genius , accounting firms will still be able to drag things along (and keep things secret) as they see fit.
Ernst & Young Loses a Special Houseguest
Or a loudmouth neighbor depending on your political preference. Either way you look at it, 5 Times Square won’t be the same.
Giuliani Partners, the consulting business formed by the former mayor shortly after he left City Hall, has vacated the flagship office it had on a floor of the Ernst & Young offices in Times Square for nine years, consolidating space with the ex-candidate’s law practice, sources confirm.
Giuliani Partners closes Times Square office [Maggie Haberman/Politico]
The IRS-Free, Islam-Free America Movement Gets a Boost
There are two things that really stick in the craw of many Americans: 1) The freedom-hating IRS and 2) Muslims thinking that they can build mosques in this country wherever they want.
Well now, according to a report issued by The Investigative Project on Terrorism (“IPT”) there is reason to lump the two together because a report now shows that Imam Feisal Abdul Rauf – the leader of the Islamic Community Center planned two blocks away from Ground Zero – obtained a ‘sketchy tax break‘ for a religious group he founded.
The IPT investigation found that “Feisal Abdul Rauf filed for ‘church’ status to the IRS for his newly formed Islamic group in 1998 and listed an apartment building where he claimed in the federal application that 400-500 people worshiped there.”
More alleged chicanery detailed in the IPT press release:
[A] review of the building and real estate records indicates there is nowhere in the building to house that many congregants. ASMA lists its office address as 201 W. 85th St., Apt. 10E on the federal tax form, while it cites only the building address as its location for prayer services.
In the article, IPT also shows:
• Rauf’s American Society for Muslims Advancement listed its office as the apartment of Rauf’s wife, Daisy Khan.
• Khan was listed as an ASMA director living at 201 W. 85th St., Apt. 10E, in the group’s 1997 incorporation papers filed with the state of New York. A year later, the group’s IRS filing does not list Khan as a director but instead gives her home address as ASMA’s address.
• ASMA told the IRS in 1998 that it planned to build a prayer center that would hold up to 1,000 worshipers at a time. That was never built.
• Although ASMA has tax-exempt church status, its website shows it has no permanent prayer site and the group no longer touts religious services as part of its mission.
The Post – likely acting on orders from the News Corp. overlords – inflames things bit further (citing IPT’s report) pointing out all the benefits that the ASMA enjoyed as a result of the exemption:
“Church status” is more than just an exemption — it means never having to pay taxes, file returns or reveal the sources of a congregation’s money or how it’s spent, according to the Washington-based Investigative Project on Terrorism, which discovered the group’s startling claims on the IRS form it filed seeking the special status.
On that form, the organization said it held services at 201 W. 85th St.
That’s a 17-story apartment building with no public space big enough to accommodate the 450 to 500 worshippers the group claimed regularly showed up five times a day to pray.
So now that the IRS has been twisted (albeit marginally) into the Burlington Coat Factory Mosque controversy, opponents of one or both will likely be reenergized for their holiday weekend protesting plans. Although, since the IRS has already been accused of anti-Israel it should make things slightly more interesting.
IPT Investigation Uncovers Problems in Mosque Leader’s IRS Status [PR Newswire]
Sketchy tax break for GZ imam ‘prayer pad’ [NYP]
At Least One Grant Thornton Office Doesn’t Think It’s Too Early To Discuss Holiday Parties
From the mailbag, straight out of H-town:
Today, sept 1st, I got a save the date for the 2010 Christmas party. So yes GT Houston is having a Christmas party this year and apparently they are so excited about it, they wanted to let everyone know way in advance! Woot!
Is this some sort of retention tactic? Probably too little too late…..
Grant Thornton’s timing of this announcement is interesting on several counts. First, Christmaskuh was canceled by KPMG last year in early August. Since this is the first Holiday Ho down news we’ve received for any firm, this may be a good sign.
Second, our source’s suspicion is noted – is GT Houston employing a free booze morale booster here? Will the promise of catering, free hard liquor (at the very least beer and wine) and the opportunity for awkward sexual advances help rally that office back to indifference as opposed to downright morbidity? Oh and watch out for a certain PwC partner who might try to crash the party since he’ll likely be kept away from the booze at his own.
Discuss the early holiday cheer. And keep us informed about your firm’s/office’s holiday rager status.
Accounting News Roundup: Young, Single Women Make More Than Male Counterparts; A Burger King Buyout; Heiress Getting Visits From Accountant | 09.02.10
Young Women’s Pay Exceeds Male Peers’ [WSJ]
“The earning power of young single women has surpassed that of their male peers in metropolitan areas around the U.S., a shift that is being driven by the growing ranks of women who attend college and move on to high-earning jobs.
In 2008, single, childless women between ages 22 and 30 were earning more than their male counterparts in most U.S. cities, with incomes that were 8% greater on average, according to an analysis of Census Bureau data released Wednesday by Reach Advisors, a consumer-research firm in Slingerlands, N.Y.
The trend was first identified several years ago in the country’s biggest cities, but has broadened out to smaller locales and across more industries. Beyond major cities such as San Francisco and New York, the income imbalance is pronounced in blue-collar hubs and the fast-growing metro areas that have large immigrant populations.”
Burger King to be bought out at $24/share – CNBC [MarketWatch]
Whopperland’s stock is up 20% on the news that private equity shop 3G will shell out $24 a share.
KB Home says SEC investigation over [Los Angeles Times]
“Shares of Los Angeles-based KB Home soared on Wednesday after the home builder said an investigation by the Securities and Exchange Commission into the company’s accounting and disclosure procedures had concluded and no enforcement action would be taken.
The company said in a statement Wednesday that it had received a letter from the commission closing the investigation, which began in October. Details of the inquiry weren’t disclosed. KB Home closed at $11.45, up $1.14, or 11%.
‘We are glad to share with our investors and employees that the matter is now behind us, as we continue to focus on restoring the sustained profitability of our home building operations and generating future growth’ KB Home Chief Executive Jeffrey Mezger said.”
Heiress’ shady visitor [NYP]
“An accountant being investigated for his handling of 104-year-old Huguette Clark’s vast fortune has visited the hospitalized heiress in the past several days trying to get her to sign legal documents, The Post has learned.
Sources said they did not know if the accountant — convicted sex offender Irving Kamsler — obtained Clark’s signature on the documents after going to see her at Beth Israel Medical Center, but speculated that those files include a last will for the copper heiress.”
Bloomberg Stands By “Cowboy” Remark in State Cigarette Tax Dispute with Seneca Tribe [Tax Foundation]
Hizzoner isn’t apologizing to the Seneca Tribe after suggesting Governor David Paterson get a ‘cowboy hat and a shotgun’ to enforce New York’s cigarette tax. The Seneca Tribe wants an apology. Bloomy says it isn’t happening.
In Other Words, Nicolas Cage’s Accountant Is Probably Counting Some Money
“Nic is happy that it is resolved.”
~ A TMZ “source,” on the settlement reached between NC and his former accountant, who were both blaming each other for Cage’s financial trubs.
Is Everyone at Ernst & Young Excited About the Four Day Weekend?
There has to be some tax people working. Just a hunch. If your plans have been ruined, we want to hear about it.
Two Days After the IRS Took His Favorite Scarface Poster, Young Buck Filed for Chapter 13 Bankruptcy
Look, maybe if shotgun-toting IRS Agents kicked down your door and took your video games, a five-figure watch and a movie poster that has far more sentimental value than any of you can appreciate, then you might know Young Buck’s frame of mind.
If not, then you best button it.
Two days after every material possession in your house is taken away (and if you’re a hip-hop artist, material possessions are pretty much everything) you’re bound to re-examine your life.
Brown proposes having his label, Cashville Records, dock his pay $12,500 a month for 60 months, for a total of $750,000. The bankruptcy filing claims Brown earns a total of $19,170 a month.
The entertainer filed for Chapter 13 on Aug. 5. U.S. Bankruptcy Judge George C. Paine accepted the proposed plan and ordered the payroll deductions Aug. 20. Brown will be free to keep his additional income, including royalty payments.
In other words, he’ll be back to Scarface wallpaper in no time.
Rapper Young Buck files for Chapter 13 bankruptcy after IRS raid [The Tennessean]