Preliminary Analytics | 10.29.09

argument.jpgDoing deals between angry parties – ‘Shouting Is Good – or at Least Not Necessarily Bad’ [BBC]
Economy in U.S. Expands for First Time in More Than a Year – There is the unemployment thing… [Bloomberg]
Galleon paid banks millions for ‘edge’ – $250 mil just last year. [FT]
Accountant Sentenced to House Arrest in UBS Tax Case – Stephen Rubenstein is the first UBS scofflaw to be sentenced. [AP via NYT]
Ask the taxgirl: Donating an Engagement RingSomebody wants it. [Tax Girl]

Review Comments | 10.28.09

spreadsheet-mug.jpgAuditing Firms Should Pay Closer Attention to Spreadsheets – That’s according to a person who is no an auditor. [Web CPA]
McKinsey Begins Internal Probe in Galleon Case – According to McK, this their first problemo with securities law violations. Traditions are meant to broken anyway. [WSJ]
House Plans to Roll Out Its Health Care Bill on Thursday – Please end this. [Prescriptions/NYT]
Picard says $21.2bn lost in Madoff schem – That’s not so bad. [FT]
Sam Zell: ‘With some reasonable luck,’ Tribune Co. will exit bankruptcy in early 2010 – We’re disappointed, Sam. [CT]
CIT Takes $4.5 Billion Loan, Shunning Icahn Offer – CIT “wasn’t confident in the solidity of Mr. Icahn’s proffering”. [DealBook]

Rumor Mill: Ernst & Young’s Latest Attempt to Boost the Morale

confidence.jpgNot feeling hot about your career lately? Needing some love from TPTB? Apparently one E&Y office is taking a stab at a solution. Not a Starbucks card. Not a year’s subscription to the jelly-of-the-month club. And sorry, Christmaskah is still cancelled. No, this is a completely arbitrary way to win your love.
According to a tip we received, in the Dallas office, all positions that are manager and above are now known as “executives”. As if you didn’t need another reason to stick around until making manager.
Despite the much needed kick-start this may give to the psyche of managers, won’t this cause confusion among the staff?
Manager, director, partner. Simple. If everyone is considered an “executive” the whole hierarchy might become meaningless. And if there’s no hierarchy, we very well may have chaos.
The other problem is that some people take their title very SERIOUSLY. Ever called a “senior manager” a “manager” by mistake? You haven’t known the wrath of an unmerciful, passive-aggressive God if you haven’t. Now if you accidently forget that someone is also an “executive”…Watch out.
It’s not entirely clear if this is a firmwide thing so run it by Steve-o tonight or discuss your feelings on this latest attempt to rally the troops (some of you anyway) in the comments.

Lesson of the Day: When Requesting a Bogus Tax Refund, Avoid an Excessive Amount

It makes sense that financial crimes increase during a recession. People get desperate and they start taking crazy-ass chances. Crazy-ass chances like, let’s request a tax refund for a couple hundred million dollars.
Justice.gov:

Papers filed in the cases say the defendants prepared tax returns requesting a total of $562.4 million in bogus refunds. One defendant – Dick Jenkins, of Heber City, Utah – allegedly holds himself out as a CPA and requested a $210 million fraudulent refund for one customer. The Internal Revenue Service (IRS) catches the vast majority of the bogus tax returns and blocks the claimed refunds…Altogether, according to the IRS, redemption scheme participants (including customers of the defendants in the seven lawsuits filed this week) have requested a total of $3.3 trillion in fraudulent refunds.

According to the AP, “Officials say the tax preparers often falsely tell customers the government maintains secrets accounts of money for its citizens that can be accessed by filing false returns.”
So your tax preparer tells you that by filing a fake tax return you’ll be able access a secret pile of money. Is this remotely believable? Believable to the point of saying, “Excuse me, Internal Revenue Service, you owe me $210 million”?
Some discretion, people.
DOJ Charges Seven With Seeking $562m of Bogus Tax Refunds [TaxProf Blog]
Feds file suits over $562 million bogus tax claims [AP]

Your 2009 Halloween Costume: Zombie Phil Mickelson

It’s only three days until Halloween and most of you are probably procrastinating on costume ideas. Fortunately we’ve come up with an idea that will incorporate your profession/firm and maybe your love of golf.
Inspiring examples, after the jump


You can go black:
zombie_phil2.jpg
Or white:
zombie phil 3.jpg
Small problem: The only place that we’ve been able to find a KPMG golf hat is on eBay and the auction doesn’t end for four days. Good news is that’s going for grand total of $0.01. So if you don’t already own one of these beauties, it’ll have to wait until next year.

Memo to E&Y’s Steve Howe: Choose Your Ice Breaker Carefully

If you’ve got nothing going on tonight and you’re in the Chapel Hill, NC neck of the woods, Steve Howe, E&Y’s Americas Area Managing Partner will be speaking at UNC tonight starting at 5:30. Don’t worry, it’s scheduled to end at 7:00 sharp so you’ll have plenty of time to get home in time for baseball or whatever else is on TV these days.
We’re mostly curious how Steve-o will break the ice with the audience, considering it’s been an awkward moment for some of his fellow partners in the past. We’re confident he’ll be fine though, especially since he’s not phoning in the speech and leaving a voicemail for everyone.
It’s not clear if there will be a Q&A, so if you have questions that you’d like to ask Steve-o, kindly leave them in the comments and we’ll pass them along.
Dean’s Speaker Series – Steve Howe, Americas Area Managing Partner of Ernst & Young [UNC Kenan-Flagler Business School]

Accounting Rulemakers Already Talking Plan B on Fair Value

Thumbnail image for tweedie.jpgSounds like Bob Herz and Sir David Tweedie are phoning it in with regards to fair value rules.
Herz and Tweedie and their respective accounting wonks met in Norwalk, CT on Monday and they’re all but admitting that there’s no chance that they’ll get on the same page:

At a joint meeting in Norwalk, Connecticut on Monday, members of the London-based International Accounting Standards Board (IASB) and U.S. Financial Accounting Standards Board (FASB) sparred over whether fair value, or “mark-to-market,” accounting rules should be expanded to a broader array of financial assets, such as loans and deposits.
In a move opposed by the banking industry, the FASB has proposed that all financial instruments be valued at market levels, while the IASB has proposed to have those assets valued at “amortized cost,” which would mostly provide information about expected cash flows.
“If FASB and IASB can’t agree on mixed model or full fair value model … the next best thing is something to move between the two,” Sir David Tweedie, chairman of the IASB, said on Monday…”By the end of 2010… if we can’t get it together, we should be appreciably together,” Tweedie said.

Plan B is already in full effect! Instead of one fair value rule, the two standard setters will provide a “presentation for fair value for more financial assets on corporate balance sheets so that investors would be able to quickly reconcile numbers in U.S. Generally Accepted Accounting Principles (GAAP) or International Financial Reporting Standards (IFRS).”
Some board members are worried that this approach may be too confusing, however. Confusing financial statements? That’s only a problem for average investors. No biggie.
Oh, well. We know 2010 is coming up fast and those politicians get impatient when the bank lobbyists are threatening to cut off the money. Thanks for trying guys. You did your best.
Accounting boards try to reconcile fair value views [Reuters/Emily Chasan]

Preliminary Analytics | 10.28.09

Thumbnail image for magic money.jpgGMAC Asks for Fresh Lifeline – Third round of bailout aid should be the charm. [WSJ]
Ex-Chief of AMD Is Linked to Galleon – So far, Hector Ruiz isn’t in any trouble but this certainly doesn’t look good. [WSJ]
World Series Games Add $15.5 Million Each to NYC, Agency Says – Much of which goes to Billy’s and Stan’s. [Bloomberg]
Pitchfork Watch: Couple Charged With Torturing Suspected Mortgage Fraudsters – Mortgage brokers, this is your warning. [Naked Capitalism]
Madoff victims lobby judge to deny Frank DiPascali Jr. bail – Surprise. [NYDN]
It may be BYOB as fewer firms plan holiday parties – Roll in with the High Life. [Reuters]

Review Comments | 10.27.09

Thumbnail image for Thumbnail image for barneyfrank4.jpgHedge and private funds to register, open up books to SEC – Barney Frank, steering the ship: “The legislation would require fund managers to keep additional records and make new disclosures about their transactions to both the SEC and a proposed systemic risk regulator. The SEC would disclose additional information about trading to investors, creditors and other counterparties.” [Market Watch]
Bank protesters descend on downtown Chicago – Angry people with signs, costumes. No Oprah though. [Chicago Breaking News]
Only You Can Prevent White-Collar Crime: A Guest Post – Got it? [RTA]
U.S. Revokes Licenses of Pilots Over Wrong-Way Flight – Solitaire is so damn distracting. [Bloomberg]
Chicago Offers Bounties to Tax Whistleblowers – Protestors will now have something to do. [TaxProf Blog]

KPMG Partner Named in $240 Million Tax Fraud

This is getting awkward, KPMG. Tax shelters continue to be a problem for some of your partners.


Fairfax Times:

Three local businessmen have been indicted on a charge of conspiracy to defraud the Internal Revenue Service of more than $240 million.
According to the indictment filed in federal court on Oct. 22, two of the men allegedly attempted to defraud the IRS by making several “false and misleading statements” concerning a corporate tax shelter that was implemented by them.
Daryl J. Haynor, a partner in KPMG’s federal tax practice for the mid-Atlantic Area, based in Tysons Corner; and Jon Flask, a Vienna-based attorney, are both named in the suit.
“Mr. Haynor has been placed on administrative leave pending a review of the situation,” said George Ledwith, a spokesman for KPMG, on Monday.

Obviously our little warning concerning tax shelters was way too late.

According to the federal indictment, Flask, Haynor and Parker implemented and marketed a tax shelter named “Sale Leaseback of Tenant Improvements Strategy (SLOTS),” from 1998 through 2006.
The shelter enabled various U.S. corporations to claim tax deductions totaling more than $240 million on corporate income tax returns.
The indictment alleges that Flask, along with Haynor and Parker, misled and deceived the IRS by misrepresenting facts concerning the SLOTS tax shelter during IRS audits of companies claiming tax losses generated by the shelter in the years 2002 through 2004.

Mr. Haynor has been with KPMG for over 25 years. He and Mr. Flask face up to eight years in prison and $500,000 in fines. If you know any details, shoot us an email or discuss in the comments.