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A Few People Are Not Satisfied with the $624 Million Countrywide Settlement

And, unfortunately for Bank of America and KPMG, that could mean digging through the couch cushions.

Several large institutional investors have rejected a court settlement where Countrywide Financial Corp. had agreed to pay $600 million to a number of national pension funds. Those pulling out of the agreement include BlackRock Inc.; the California Public Employees Retirement System, or Calpers; T. Rowe Price Group Inc.; Nuveen Investments Inc.; and the Maryland State Retirement and Pension System, according to a document from the suit filed in U.S. District Court in Los Angeles. The investors decided the settlement, initially agreed to last May, wasn’t enough and will seek their own terms with the mortgage originator and its current owner Bank of America Corp., as well as Countrywide’s auditor KPMG LLP. KPMG had committed another $24 million to the settlement.

In typical HofK fashion, the firm didn’t bother commenting for the Journal’s story however BofA managed to express their disappointment, “It is unfortunate that some investors chose to opt out of what we believe is a fair and equitable agreement to settle these issues.” Right. Because the likes of BlackRock and Calpers should be tickled pink with the pleasure of splitting $624 million with dozens of other investors.

Big Investors Refuse Countrywide Settlement [WSJ]

Let’s Discuss: Beards in the Big 4

From the mailbag:

Caleb –

Just curious what your thoughts or GC readers’ thoughts are on male facial hair in the public accounting world. Personally, I hate shaving. I shave once a week but am sure to keep a clean line under the chin. (I also dress well and don’t believe that business casual means khakis and a golf shirt.) A friend of mine told me that his manager at his big 4 firm was asked to shave his nicely groomed beard by his partners. Is this normal? Petty? A generation thing?


Let me address your questions one at a time:

1.a. Q: “Is [partners telling managers to tell someone else to do something, like shaving] normal?” A: Yes. Some partners can’t believe they have��������������������general vicinity as the staff, let alone talk to them, so when an awkward conversation needs to be had, a manager often gets the privilege. That said, ambitious managers who want to become partners will often take it upon themselves to inform the beast in question to break out the Bic.

1.b. Q: Is [frowning on facial hair] normal?” A: As a general rule, yes. Some smaller firms are known to be pro-beard but As far as I am aware, the Big 4 state that they allow mustaches and beards if they are kept “neatly trimmed.” However, the reality is that most partners don’t like facial hair. Whether you are growing it for charity, you lost a bet to a broheim or your spouse thinks it’s hot; they don’t give a damn. They want your faces clean shaven.

2. Q: “[Is this] petty?” A: Well, we are talking about the Big 4, now aren’t we? Petty annoyances are part of the deal. In fact, a beard could cost you a promotion if you’re working for the wrong person. That said, I personally don’t think making an issue of facial hair is that petty. The reason being, that despite your well-trimmed beard, it is the exception rather than the rule. I share your hatred of shaving (not to mention your anti-khakis/golf shirt stance) but this is one of those “a few bad apples” situations. Lots of men in the Big 4 are flat-out slobs and if you give them an inch on facial hair, they’ll take a mile. Now, if you happen to have snuck in a well-groomed beard or mustache and kept it that way, you may get a pass but if you’re just letting the 5 o’clock shadow extend an extra day or two and it’s disgustingly obvious, you should get a talking to.

3. Q: “Is this a generational thing?” A: No. There are anti-beard people at various ages who simply equate facial hair with hipsters, hillbillies and the Taliban. I think it’s more of an accounting firm culture thing. So if you’re sporting one, it puts you at odds with TPTB and squarely in the “counter-culture” camp. But on a more practical level, you work in a professional environment for crissakes. For advisory and audit professionals staff who are in client-facing roles earlier than their tax counterparts, partners and managers don’t want you looking like a hobo in front of clients. It doesn’t seem logical to let the gents in tax let themselves go, so the rule applies across the board.

The “beard or no beard” question is now open for debate. Sorry about the gender-specific topic ladies. Your thoughts and unfiltered judgments on the matter are certainly welcome and encouraged.

Tim Geithner Wants to ‘Revisit’ This Pass-Through Entity Idea

U.S. Treasury Secretary Timothy Geithner told the Senate Finance Committee Feb. 15 that Congress should “revisit” long-standing rules that give businesses a choice of paying taxes as a corporation or through a structure such as a partnership through which they can report business income on individual tax returns. The recommendation, which Geithner repeated in a meeting with reporters this week at Bloomberg News in Washington, would affect income earned by the nation’s largest law firms, investment partnerships and so-called S corporations. It would more than double, to about $3 trillion, the amount of business income potentially affected by tax-law changes. [Bloomberg]

‘Forging and Selling Invoices to Avoid Taxes’ in China Is No Longer Punishable By Death

We Americans do love a good firing squad/lethal injection/electric chair/hangin’ but the Chinese make us look like a bunch of pansies by comparison. However, after several millennia, China might be getting soft in its old age. As the Associated Press reports, some economic crimes have been pulled from the “do this and die” list:

Thirteen economic, nonviolent offenses will be removed from the list of 68 crimes punishable by death, said Lang Sheng, who heads a legal committee for the National People’s Congress, China’s legislature. The 13 crimes include forging and selling invoices to avoid taxes, and smuggling cultural relics and precious metals such as gold out of the country.

However, it should be noted, “[A]n expert said the move was unlikely to significantly reduce executions, since people convicted of those crimes in the past have rarely received the maximum penalty and capital punishment can still be used to punish other economic crimes such as corruption.”

We’re not intimately familiar with all the potential criminal tax pitfalls in China, so it’s safe to assume there are plenty of other tax crimes that will still get you the dirt nap. International tax scofflaws should tread carefully.

China drops death penalty for some economic crimes [AP via Gawker]

Does This Chiseled Torso Belong to an Accounting Professor?

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Yesterday, as I was moseying through the typical day of an accounting firm scourge, a message dropped into my inbox that caught me off guard. A reader alerted me to this Daily News article that reported the winners of the Wilhelmina Hot Body Model Search. Nothing really too Earth-shattering except that our tipster noted that one of the winners has an uncanny resemblance to this accounting professor “who taught me financial reporting a few years ago.”


I took a gander and have to admit, the similarities are there but I had my doubts. Not that it would be unheard of for an accounting professor to win a Hot Body Model Search but…it’s a little unheard of for an accounting professor to win a Hot Body Model Search. Especially one with a PhD from Cornell and whose research interests in “capital markets, behavioral finance and the behaviors of arbitrageurs, earnings management and intangibles.” That simply can’t be possible, can it? I couldn’t reach the model and our conversation with the professor in question basically went like this:

In other words, a non-denial denial. I guess we’ll have to figure it out for ourselves then. All right team – could it really be the same guy, or is this just his long-lost twin?

Are 19 Year-Old Girls Writing CPA Exam Questions?

Pardon the headline but that’s an actual (and not at all unreasonable) question posed to us from a Floridian CPA exam candidate who shall remain nameless, lest I be accused of trolling again.


While we love the idea of barely legal chicks holed up in an AICPA bunker sweating out CPA exam questions, unfortunately we’ve got to piss in this particular candidate’s Cheerios and point out that questions are created using a complicated process that relies on volunteer contributions from the industry:

The content of the Uniform CPA Examination is developed in an extensive and integrated process. At each step in the process expertise in various disciplines is applied to ensure that the test materials are accurate and appropriate for use on the CPA Exam.

The process incorporates expertise in a number of key areas.

The first key area of expertise is in accounting. Individuals who draft, review, and finalize test materials are experienced CPAs.

A second area of expertise is in the science of testing, called psychometrics. At each stage in the test development process, psychometricians are involved in the design, development, and implementation of test materials. These include test specifications, test questions, and data analysis.

A third area of expertise is in test development. Experts in the design and development of test questions are involved in the process.

Well, we’ve met some inexperienced 19-year-old CPA candidates but can’t say we know any that are experienced enough to draft complicated CPA exam questions per the AICPA’s outline above so, sorry, but this question is debunked.

We also feel compelled to point out, by way of the New York Times, that the word sketch actually appeared as an adjective in 1975, which would be right around the time most of the OG’s of the industry were passing the CPA exam, earning their PhDs in accounting and getting their second or third promotion.

A list of slang compiled from students at the University of Arkansas, Fayetteville, published in the journal American Speech in 1975, included sketch as an adjective meaning “dangerous, risky” (“I think we’re in a sketch situation”). By 1996, one of [Professor Connie] Eble’s U.N.C. students offered sketch as a noun meaning “someone who is hard to figure out.” The variations sketchball, sketcher and sketchmaster followed thereafter, all sharing an air of suspicion and possible danger or at least discomfort.

We’re dying to know the context of this CPA exam question. Obviously discussing it is not allowed but based on the word itself, we’re guessing this was in AUD, no? As in “The client is totally sketchy, how do you verify his equally sketchy bank recs?”

Accounting News Roundup: Ex-Duke Lacrosse Player’s ‘Very Weird’ Tax Lien; Coach Is Shopping for a CFO; Limbaugh’s Tax Resolution Endorsement | 02.25.11

Everyone Comes to Work Sick But Wish Their Colleagues Wouldn’t [FINS]
What’s wrong with you people? “Pressure to work through sickness doesn’t seem to be coming from above. Only 11% of respondents said they felt their bosses discourage them from taking the day to rest. Half of respondents said their managers encourage them to stay home when they’re under the weather.”

Baruch College students compete for $10k from E&Y [The Ticker]
Ernst & Young […] sponsored a preliminary round of presentations for six groups of Baruch College students, in search of one to enter in the Your World, Your Vision national competition. E&Y’s competition picks student teams from across the country to compete against one another, each representing their school with a unique community program proposal. The prize for the top three teams in the country is a $10,000 award from E&Y to help implement or sustain their program. Through their investment, E&Y is responding to the community’s need of corporate responsibility.

Tax Court Denies Deduction for TV Anchor’s Clothing Expenses [TaxProf Blog]
For you future Ron Burgundys out there, “The Tax Court yesterday denied business expense deductions claimed by a TV new anchor for her wardrobe and other personal expenses and sustained accuracy-related penalties.”

Ex-Duke lacrosse star insists tax bill a ‘mistake’ [Tax Watchdog]
[F]our years after receiving an undisclosed settlement from Duke University, Reade Seligmann, one of three lacrosse players exonerated in a racially-charged rape case, owes the IRS almost $6.5 million in taxes, according to public records. The 24-year-old New Jersey native’s lawyer disputes the tax bill, however.

Coach CFO Devine to Retire; Search Commencing for Successor [Business Wire]
Submit your résumé now.


Rep. Paul Broun Asked At Town Hall: ‘Who Is Going To Shoot Obama?’ [HuffPo]
Glad to see the discourse has lightened up.

Rush Limbaugh Tells IRS-Burdened Consumers “You Need Tax Resolution Services, Co. on Your Side” [PRWeb]
Speaking of lunatics.

Wealthy accountant who gave autistic son cannabis to calm him gets 51-week sentence [Telegraph]
A wealthy accountant gave her autistic son cannabis in an effort to calm him after social services refused to help because she was middle class, a court heard.

Bill That Would Fire Federal Employees for Unpaid Taxes Wouldn’t Apply to Lots of Federal Employees That Have Unpaid Taxes

Senators Tom Coburn (R-OK) and Claire McCaskill (D-MO) have introduced a bill that would take care of all the federal employees who have ‘seriously delinquent tax debts.’ Quite simply, they would be fired:

In 2009, the IRS found that nearly 100,000 civilian federal employees were delinquent on their federal income taxes, owing over $1 billion in unpaid taxes. When retirees and military are included in the total, more than 282,000 federal employees owed $3.3 billion in taxes.

The Senate bill would require all federal employees to be current on their federal income taxes or be fired from their jobs. According to Coburn’s office, “this is a commonsense bill that most Americans would believe is reasonable, necessary, and likely surprised that it is not already the standard throughout the federal government.”

So if the 182,000 people that owe approximately $2.3 billion aren’t eligible to be fired, how exactly is this bill ‘commonsense’? Oh, right! By threatening the 100,000 people who owe $1 billion with the loss of their jobs. Got it!

Senate Bill Would Fire Federal Employees with Unpaid Taxes [AT]

IRS Eases Up on the Tax Liens for the Little People; Celebrities Not So Lucky

Commissioner Doug Shulman said in a statement today that the agency would make it easier for taxpayers to seek withdrawal of liens when they pay a tax debt or make arrangements to pay in installments for debts of less than $25,000. The agency also raised the dollar thresholds before liens are typically filed. “We are making fundamental changes to our lien system and other collection tools that will help taxpayers and give them a fresh start,” Shulman said in the statement. “These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.” [Bloomberg]

How Did Citigroup’s Internal Controls Cut the Mustard with KPMG?

Jonathan Weil writes in his column today about Citigroup and their “acceptable group of auditors,” (aka KPMG) and he’s having trouble connecting the dots on a few things. Specifically, how a love letter (it was sent on February 14, 2008, after all) sent by the Office of the Comptroller of the Currency to Citigroup CEO Vikram Pandit:

The gist of the regulator’s findings: Citigroup’s internal controls were a mess. So were its valuation methogage bonds, which had spawned record losses at the bank. Among other things, “weaknesses were noted with model documentation, validation and control group oversight,” the letter said. The main valuation model Citigroup was using “is not in a controlled environment.” In other words, the model wasn’t reliable.

Okay, so the bank’s internal controls weren’t worth the paper they were printed on. Ordinarily, one could reasonably expect management and perhaps their auditors to be aware of such a fact and that they were handling the situation accordingly. We said, “ordinarily”:

Eight days later, on Feb. 22, Citigroup filed its annual report to shareholders, in which it said “management believes that, as of Dec. 31, 2007, the company’s internal control over financial reporting is effective.” Pandit certified the report personally, including the part about Citigroup’s internal controls. So did Citigroup’s chief financial officer at the time, Gary Crittenden.

The annual report also included a Feb. 22 letter from KPMG LLP, Citigroup’s outside auditor, vouching for the effectiveness of the company’s financial-reporting controls. Nowhere did Citigroup or KPMG mention any of the problems cited by the OCC. KPMG, which earned $88.1 million in fees from Citigroup for 2007, should have been aware of them, too. The lead partner on KPMG’s Citigroup audit, William O’Mara, was listed on the “cc” line of the OCC’s Feb. 14 letter.

Huh. There has to be an explanation, right? It’s just one of the largest banks on Earth audited by one of the largest audit firm on Earth. You’d think these guys would be more than willing to stand by their work. Funny thing – no one felt compelled to return JW’s calls. So, he had no choice to piece it together himself:

[S]omehow KPMG and Citigroup’s management decided they didn’t need to mention any of those weaknesses or deficiencies. Maybe in their minds it was all just a difference of opinion. Whatever their rationale, nine months later Citigroup had taken a $45 billion taxpayer bailout, [Ed. note: OH, right. That.] still sporting a balance sheet that made it seem healthy.

Actually, just kidding, he ran it by an expert:

“As I look at the deficiencies cited in the letter, taken as a whole, it appears that Citigroup had a material weakness with respect to valuing these financial instruments,” said Ed Ketz, an accounting professor at Pennsylvania State University, who reviewed the OCC’s letter to Pandit at my request. “It just is overwhelming by the time you get to the end of it.”

What Vikram Pandit Knew, and When He Knew It [Jonathan Weil/Bloomberg]

Accounting News Roundup: Ernst & Young’s Maneuver in Lehman Suit; Most Execs Not Ready for Accounting Changes; Confirmed: Little People Pay Taxes| 02.24.11

NY suit against Ernst over Lehman takes detour [Reuters]
The firm has moved the case to federal court from state court, saying it involves questions of federal auditing standards. But Cuomo’s successor, Eric Schneiderman, wants to move the case back. Some lawyers said Ernst’s move could be an attempt to streamline defenis already fighting a similar lawsuit in federal court.

Google Penalizes Overstock for Search Tactics [WSJ]
Google Inc. is penalizing Overstock.com Inc. in its search results after the retailer ran afoul of Google policies that prohibit companies from artificially boosting their ranking in the Internet giant’s search engine. Overstock’s pages had recently ranked near the top of results for dozens of common searches, including “vacuum cleaners” and “laptop computers.” But links to Overstock on Tuesday dropped to the fifth or sixth pages of Google results for many of those categories, greatly reducing the chances that a user would click on its links.

U.S. Indicts Four Ex-Credit Swiss Bankers in Tax-Evasion Conspiracy Probe [Bloomberg]
The bank’s managers in its cross-border business “knew and should have known that they were aiding and abetting U.S. customers in evading their U.S. income taxes,” according to the indictment. In the fall of 2008, the bank had “thousands” of accounts with $3 billion in assets not declared to the U.S. Internal Revenue Service, according to the indictment.

SEC Charges IndyMac Execs: No Sign Of Ernst & Young [Forbes]
Maybe the SEC has black and yellow fever?

State & Local Tax Burden: Highest in NJ & NY, Lowest in AK & NV [TaxProf Blog]
With Connecticut at #3, the Tri-state area has this on lockdown.

US executives unprepared for accounting changes [Accountancy Age]
Lots of sandbagging going on out there, “Deloitte found just 7% of respondents questioned believed their company was ‘extremely’ or ‘very’ prepared for the possible changes.”


The Little People Pay Taxes [Economix/NYT]
Somehow the janitors and security guards in the Helmsley building have a higher effective tax rate than the average employee in said building.

Beckstead and Watts Settles Inspection Case with PCAOB [AT]
Beckstead and Watts managing partner Brad Beckstead announced Wednesday that his firm has settled its lawsuit against the PCAOB. Under the terms of the settlement, the PCAOB has agreed to withdraw its formal inspection report dated Sept. 28, 2005, and release Beckstead and Watts from an accounting investigation it launched in September 2005 without any formal findings.