Going Concern

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

Caleb Newquist
February 24, 2011

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]

KPMG

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

Caleb Newquist
February 24, 2011

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

Caleb Newquist
February 24, 2011

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.

News
SEC

SEC Whistleblower Program Not Exactly Knocking Anyone’s Socks Off

Caleb Newquist
February 24, 2011

The corporate watchdog has received just 168 complaints alleging corporate fraud in the first 6½ months of the program’s existence, according to data the SEC provided to The Post through a Freedom of Information Act request. The tally is from July 22, 2010, when the program was launched, through Feb. 2, 2011. At that rate, the SEC is receiving less than one tip a day — hardly the flood that led the agency to delay staffing the program while it pleaded with lawmakers for more funding. [NYP]

Career Center

Another Future Big 4 Associate Wants Advice on How to Best Ruin Their Life Prior to Starting Work

Caleb Newquist
February 24, 2011

Welcome to the cancel-your-holiday-in-Libya edition of Accounting Career Emergencies. In today’s edition, another Fall 2011 Big 4 associate would like to nail down a certification in addition to the CPA before starting work. Can I keep my head from exploding long enough to formulate a coherent response?

Caught in a ethical jam at work? Need a shredding service-provider that also has a knack of taking care of “problems”? Want to challenge your firm’s dress code but need an objective opinion? Email us at advice@goingconcern.com and we’ll make like Anna Wintour.

Back to our overachiever du jour:

Caleb,

I am about to pass the CPA exam and have 8 months until I begin at one of the “Big Four” firms in Florida. I am excited to start at the firm as it was my first choice however, I am not certain I will be in public accounting for the long run (like most people). My question is, being uncertain about my career path, what other certification should I obtain before I start in 8 months?

I have considered the CISA, CFE, CMA, CFA, Six Sigma but, I am not sure as I am not certain of my long term path. I want something that will give me an edge if I leave the firm and/or switch careers.

What certification would you recommend?

Any suggestions are helpful.

Dear Overachiever Du Jour,

After murdering the remainder of Stranahan’s in the house, I’m better prepared to answer your query.

I appreciate your ambition and we definitely think that obtaining additional certifications is a good idea for those that move on from public accounting but I fail to see how this benefits you now before you have an inkling of what kind of career you want. HOWEVER, I’m here to help sort you out as best I can, so I’ve put aside my judgments for two.

Based on your “considerations” listed, you seem to have a case of accounting certification ADHD which is fine but there’s no clear pattern as to what your interests are. I’m not going to recommend you do something just because it may be a hot area (forensics) or in-demand (information systems) but I am going to recommend you rank these certifications based on your level interest. Want to eventually be a CFO? Then go for the CMA. Want to pile up the financial reporting bodies? Get the CFE. You get the point. The important thing is to pursue a certification you find interesting rather than one that will just puts a few letters behind your name that may (but probably not) impress someone.

But really, do you want to spend the summer prior to starting work studying for a test? Get the band back together, take a trip, something.

Questionable Tax Deduction of the Day: Engagement Cruise and Wedding Expenses

Caleb Newquist
February 24, 2011

Every tax professional has run across questionable expenses provided by their clients. Maybe you’ve got a used car-lot proprietor who insists that his hairpiece is crucial to his business appearance and, thus, his ability to put people behind the wheel of their dream ride. Perhaps you’ve got a sociologist that is conducting weekly research in the champagne room of a local gentleman’s club. Or maybe you’ve recently concluded that the process of, and expenses related to, tying the knot have been such a burden that it is completely acceptable to ram it onto your 1040:

Dear Caleb,

I have now figured out why the divorce rate is so high in America. Apparently, according to one of my taxpayers, wedding expenses and cruises for celebrating your engagement are now considered “write-offs.” Unfortunately, I cannot find this particular subject in THE CODE – but I think I’ll take my taxpayer’s word for it.

Maybe you should pass on this tidbit – I sure wish I had known about this obscure write off before I got married, but obviously, it’s time for me to start planning my next one. It’s going to be HUGE!!

– One of the many tax preparers currently wishing they remembered what their home looks like.

Our tipster insists that her client provided the receipts but didn’t want to forward them (something about client confidentiality). Of course, if you’ve got something that tops this, you’re invited to share it with us. In the meantime, any tax sages out there that wish to advise/debate the credibility of including the cost of sheet cakes from Costco, amateur photographers and invitations that may or may not kill you on a Schedule A (or wherever) are free to do so.

Ernst & Young Video Accurately Portrays First Year Associates in Their New Habitat

Caleb Newquist
February 23, 2011

This came by way of Jersey (this Jersey, you idiots) and the footage is incredible.

A few things that I observed and/or learned from watching this video:

1. “Duckling syndrome” is something I was familiar with but not that it had a name or was a syndrome.

2. All tax professionals seem to behave exactly the same, no matter where you encounter them.

3. Apparently this was filmed on a casual Friday based on the denim worn by the guy that appears at the 4:00 mark.

4. Timesheets are due at 5:30 on Fridays?

One thing that was less surprising:

1. “At some critical stage in their development, tax professionals generally fail to attain the basic skills necessary for social interaction.”

Leave your own observations below.

Being Twitter Savvy Does Not Keep Accountants Awake at Night

Adrienne Gonzalez
February 23, 2011

Because we can never get enough surveys, Sage came through with the skinny on what keeps accountants awake at night (no joke). We’re proud to say that alcoholism and Caleb’s typos did not make the list but there’s always next year. Way to go, profession!

Sage surveyed more than 500 of its Sage Accountants Network members across the U.S. in December 2010 to figure out what gets accountants’ knickers in a twist. Results as follows:

Among the 533 respondents, 34% stated that getting new clients tops their list of concerns. 28% cited tax law complexity and changes as an issue; followed by the effect of new regulations and standards on small firms, keeping up with technology, and time management concerns, all at 24%. Work/life balance was cited by 20% of respondents, and keeping up with professional standards was a key concern for 17% of those surveyed. 13% of respondents cited access to affordable healthcare for employees as a worry for their firms.

Perhaps in response to the search for new clients, 83% of firms currently specialize or are planning to specialize in specific vertical business segments. By far, services/consulting was the most popular category for specialization (63% of those surveyed), followed by construction at 43% and retail at 39%. Other popular areas of specialization include working with nonprofits (35%), restaurants (30%), and manufacturing/distribution (29%) clients.

The full survey may be found here.

We found it a bit odd that retaining clients, retaining staff and managing staff came in at 9%, 3% and 2%, respectively. Obviously there is a bit of a work/life balance overlap in there somewhere but because we here at Going Concern know no such thing, we could not bring ourselves to analyze these results further.

It’s the social media section of the survey that shocked us most. Not to say that the results themselves were shocking, exactly, as the shocking part lies in how some of these firms actually manage to make money. What do they use to attract new clients, carrier pigeons and sandwich boards? Thirty-seven percent of survey respondents use their own websites as “social media,” though in our humble opinion the “social” part means using a more conversational form of communication than some .com with your firm name in it. Twenty-eight percent use LinkedIn, 19% are on Facebook and – wait for it – 7% have gotten into Twitter. 7%! A frightening 43% of respondents don’t use social media at all, perhaps explaining why 34% are concerned about getting new clients. They must not be that concerned if they aren’t using social media to put themselves out there.

Know what this says to me if I’m a firm looking to make a killing through social media? Hit Twitter, it’s a no man’s land and you won’t have to elbow out the competition. Really, people? 7%?!

Know what else this also says to me? All my evangelizing about not acting like an ass on Twitter has been in vain; if firms aren’t using it, they probably don’t know how to search for your tweets about getting wasted and wanting to stab the senior for acting like a jackass. So have at it, it’s just you and the MLM bots tweeting out there until these guys get a clue and jump on board.

I think you kids know what to do from here.

Accounting News Roundup: PwC’s ‘Comply or Explain’ Approach on Female Promotions; Frightening SALT Rates on Cell Phones; Grant Thornton Names CMO | 02.23.11

Caleb Newquist
February 23, 2011

Private-Share Trade Is Probed [WSJ]
The Securities and Exchange Commission is investigating potential conflicts of interest in the fast-growing market for buying and selling shares of private companies such as Facebook Inc. and Twitter Inc. The move is part of a broadening probe by the U.S. agency, still at an early stage, of the thriving bazaar that has sprung up largely beyond the reach of regulators and traditional securities firms. Trades handled by SecondMarket Inc., SharesPost Inc. and other market makers specializing in privately held shares are conveying eye-popping valuations on some companies while disclosir financial results.

PwC to proactively promote women [Accountancy Age]
The Big 4 firm will implement a “comply or explain” approach, which will ask division leaders to proactively consider women for promotion or explain what the blockers to progress there are. It said that the emphasis will initially fall on achieving proportionate promotion rates at manager and senior manager levels.

Wells Fargo CFO ‘Well Equipped’: Analyst [The Street]
“Not only is Mr. Sloan personable and candid, but also he is very conversant in many key areas of investor focus,” said Morford in a note describing Wells Fargo’s CFO Tim Sloan after meeting with him last week. Morford said that the 10-K for the company should be filed on time next week and that the company said there were no financial or accounting related issues to the sudden retirement of former CFO Howard Atkins.

Robert Herz, Former FASB Chairman, Joins WebFilings as Senior Advisor [Business Wire]
WebFilings, developer of the first and only end-to-end solution for external financial reporting, announced today that Robert Herz, former Chairman of the Financial Accounting Standards Board (FASB), has joined the company as Senior Advisor. “As a forward-thinking accounting industry leader, Bob brings a unique and valuable perspective to our team,” said Matthew Rizai, CEO of WebFilings. “We are extremely excited to leverage his knowledge and experience as we continue to evolve our industry-leading product and service offerings.”

‘Can you hear me now?’ Your cell phone’s state and local taxes are huge! [DMWT]
Nebraska is your big winner with a state and local rate of 18.64%. New York comes in at #3 with 17.78%.

Harry Reid Says Nevada Should Outlaw Prostitution, Gets Bitchslapped by Whores [JDA]
The lede from TLP, “Did you hear the one about the politician and the hookers? Turned out to not be so funny. Maybe that was because he was trying to fuck the hookers and take their money at the same time.”

Emanuel Wins Big in Chicago [WSJ]
Almost five months after resigning as President Barack Obama’s chief of staff to enter this city’s mayoral race, Mr. Emanuel received 55% of the vote with more than 97% of the precincts reporting, more than the simple majority needed to avoid a run-off campaign against second-place finisher Gery Chico. Mr. Chico, a onetime chief of staff to Mayor Richard M. Daley, received 25% of the vote.

Tricia Conahan named Chief Marketing & Sales Officer at Grant Thornton [GT]
“It is exciting to be joining an organization with a renewed focus on growth,” Conahan said. “I am a passionate believer in the discipline of marketing, and the value that it brings to help grow businesses. I am looking to bringing Grant Thornton’s dynamic vision to the marketplace.”

Archstone Looks Likely to Go Public Again [WSJ]
The sharp rise in the value of rental-apartment buildings is raising the likelihood that Archstone, one of the companies that became a symbol of the commercial real-estate downturn, will be resold to the public this year in what could be the largest real-estate initial public offering ever.

Doesn’t Anyone Want to Help Jaime Pressly with Her Tax Problem?

Caleb Newquist
February 23, 2011

C’mon, guys. No one is willing to scrape together $700k to help this girl out?

Robert Snell’s latest scoop has Ms Pressly owing California $57k in addition to the $95k lien he reported on last month. The IRS is asking for a bit more – $542,069 to be exact. Maybe a couple partners could team up on this? Seems like a small price to pay to be a hero to Joy Turner.

Audit

And Now, the Auditor’s Version of ‘No Sleep ’till Brooklyn’

Caleb Newquist
February 23, 2011

Recently we came across a version of Ke$ha’s “Tik Tok” for auditors. The battle over who actually coined this ode to opining was up for grabs but now it’s been brought to our attention that throwback tunes are also being rewritten to express the plight of auditors.

Surely there’s a divergence of opinion – right down generational lines – on which rewrite is better but working in “fat finger” and “Friends think I do tax ’cause of the ‘CPA’ ” scores big points in our book.

To the tune of “No Sleep ’til Brooklyn” by the Beastie Boys

(chorus) No sleep ’til – Filing

Hand on the tenkey – never a fat finger
Got work to do, I hope this client don’t linger
My job ain’t a job – it’s a damn good time
Gonna get this tied-out to the dime
On location – cursing damnation
Why’re my client contacts always on vacation?
Eight of us crammed around this audit table
I do what I do best because I’m willing and able
Ain’t no fakin’ – audit fees I’m rakin’ in
Goin’ coast to coast vouching money you’re makin’
While you’re at the job working nine to five
I’m still at the office when you arrive

(bridge) No sleep ’til –

Another spill, another thrill
Another freaking fire drill
Caffiene gum – another SUM
I wish this Diet Coke had some rum
Now where’s my contact? – he always disappears
This is the guidance, why can’t he just adhere?
Been so long since I’ve seen my fam’
I wish my computer had more RAM
We’re thrashing financials like it’s going out of style
Getting paid along the way cause it’s worth your while
Quarter after four – IA’s out the door
I’m chained to my computer for six hours more
We got a drawer with a lock to hold our files
Aside from the ones all over our table in piles

(repeat bridge)

(repeat chorus)

Ain’t seen the light since we started this audit
All we need is in this room- we got it
Born and bred to document all day
Friends think I do tax ’cause of the “CPA”
That’s not right but I don’t care
‘Cause whenever I explain it they just stare.
Got coffee, cola, chips and candy
I’ve gained ten pounds ain’t it just dandy?
Step off homes – get out of my way
‘Cause our signed opinion is the final say
Waking up before I get to sleep
Cause I’ll be rocking this party eight days a week

No sleep till filing ….
No sleep till filing …
No sleep till filing …
No sleep till filing…
No sleep till filing…

And just in case you’ve got no idea what this should sound like:

News

Dave Scudder Resigning as McGladrey Managing Partner

Caleb Newquist
February 23, 2011

McGladrey has announced that this busy season will be managing partner Dave Scudder’s last. Technically, Scudder is the MP of McGladrey & Pullen but honestly, we were confused about the whole situation after the rebranding.

From the press release:

The McGladrey & Pullen, LLP Board of Directors announced today that Dave Scudder, managing partner and member of the Board, has decided to resign as the managing partner of the Firm effective April 30, 2011.

“Dave is highly respected by the partners and has lead the Firm through significant change,” said Jerry Bourassa, Chairman of the McGladrey & Pullen Board of Directors. “He has contributed tremendously to the success of the Firm and has been an exemplary leader.”

The Board has commenced a selection process to ensure a smooth and timely succession and transition.

“I believe the Firm is well positioned to continue its success in serving our target markets including private equity groups and their portfolio companies along with our public and international companies practice,” said Scudder.

Scudder will continue to assist in the transition through at least June 30, 2011, and will continue to represent the Firm in various professional and industry organizations during this time.

So you could easily conclude that DS just figured it was time to move on after spending the last 24 years at the firm. You could also easily conclude that with all the excitement that has occurred at firms with various forms of “McGladrey” in the name may have taken its toll with Scuds or perhaps with the McGladrey board. Then again, they could be making room for another golfer that isn’t Natalie Gulbis.

Reactions and speculation are welcome at this time.

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