Going Concern

Alan Grayson Gives Rich People Some Ideas on How to Spend Their Money Saved From Tax Cuts

Caleb Newquist
November 19, 2010

Grayson, who got smoked in the election earlier this month, will be heard before he leaves the House.

Accounting New Roundup: Chinese Clean-tech Firm Admits to Accounting Fraud; COSO Moves to Modernize Framework; Sachdeva’s ‘Remorse’ Is Funny | 11.19.10

Caleb Newquist
November 19, 2010

Bernanke Takes Aim at China [WSJ]
Federal Reserve Chairman Ben Bernanke fired back amid criticism at home and abroad of the Fed’s easy-money policies, arguing that China and others are causing global problems by preventing their currencies from strengthening as their economies boom.

Rino Int’l admits to accounting fraud – auditors [Reuters]
Chinese clean-technology firm Rino International Corp (RINO.O) admitted to accounting malpractice, according to a letter from its auditors filed with U.S. securities regulators, a week after research firm Muddy Waters first made the allegations.

According to the letter, Rino’s Chief Executive Zou Dejunas said the company did not enter two of the six Rino customer contracts discussed in the Muddy Waters report, while a third was “explainable.”

When asked about the company’s other contracts, CEO Zou said “there might be problems with 20-40 percent of them,” according to the letter from auditors Frazer Frost LLP that was filed with the U.S. Securities and Exchange Commission.

KeyCorp Says Mooney to Be First Woman Chief Exeutive at a Top 20 U.S. Bank [Bloomberg]
KeyCorp, Ohio’s second-largest bank, said Beth Mooney will take over as chairman and chief executive officer when Henry L. Meyer retires in May, making her the first woman to lead one of the 20 biggest U.S. banks.

Mooney, 55, vice chairman of the bank and head of community banking, was named president and chief operating officer effective immediately, the Cleveland-based lender said yesterday in a statement. She was named a member of the board and takes over as CEO on May 1.

COSO Launches Project To Modernize 1992 Internal Control Framework [FEI Blog]
From Edith Orenstein, “the Committee of Sponsoring Organizations of the Treadway Commission (COSO) announced it has launched a project to moderize its landmark Internal Control-Integrated Framework.

The framework, first published in 1992, has been supplemented by various publications since that time, including publications geared toward small public companies, and on monitoring of internal controls.”

Reid, Senate Dems go hardball on taxes [OTM/The Hill]
After the election of course, “Reid will force a vote on extending tax cuts for families earning below $250,000 and individuals below $200,000 that would allow tax rates on the wealthy to expire. But it’s not clear whether that vote will be on a permanent or temporary extension because of a split in the Democratic caucus, a notable change since the election.”

Genuine remorse from Sachdeva? Laughable. [Fraud Files]
Tracy Coenen is not impressed with the judge’s reasoning behind Sue’s 11 year sentence, “How remorseful can she be when almost her entire 25 page sentencing memo is full of excuses for why she shouldn’t be held (as) responsible?”

GAO: Compliance Costs of ObamaCare’s 1099 Reporting Requirement Are Low [TaxProf Blog]
So any talk of the financial burden on small businesses is just political rhetoric? Get out!

GAO: SEC Basically Needs to Replace Their Entire Accounting System

Caleb Newquist
November 19, 2010

“These material weaknesses are likely to continue to exist until the SEC’s accounting system is either significantly enhanced or replaced, key accounting activity in other systems is fully integrated with the accounting system at the transaction level, information security controls are significantly strengthened, and appropriate resources are dedicated to maintaining effective internal controls.”

~ From a report issued by the Government Accountability Office

Announcements

Final Call: Going Concern Reader Survey (Fall 2010)

Caleb Newquist
November 19, 2010

Look people – I did my best. I told TPTB that reminding you a third time to take our survey would risk irritating them to the point of many of you breaking out in hives. Alas, my warnings have gone unheeded.

I’ve been assured that this will be the last reminder as well as the final chance to win a $500 gift card. So, if you decide to humor us, take the survey and end up winning the prize, it will be worth it. As for the rest of you, well, you can’t win if you don’t participate.

Follow this link to take our survey. As always, your billable/free time is appreciated.

We now return to your regularly scheduled inflammatory nonsense.

Deloitte

Deloitte Is Eyeing Some Germans

Caleb Newquist
November 19, 2010

Namely, Roland Berger Strategy Consultants based out of Munich.

Supposedly the two will have their minds made up sometime next month but by the sounds of it, the two companies are flippin’ stoked about the possibilities:

“A merger opens up a unique opportunity for growth for both firms,” [Deloitte Germany Chief Executive] Plendl said.

Roland Berger confirmed the talks.

“Discussions with Deloitte are taking place to open new and fascinating growth prospects for our company,” Roland Berger Strategy Consultants said in an e-mailed statement today.

While that’s what is going in the foreground, Adam Jones over at the Financial Times was so bold to suggest that this just another step in Deloitte’s quest to “overtake McKinsey as the market leader in strategic advice for managers.”

Now we hadn’t heard about this McKinsey-slaying goal prior to today and it seems a little credulous to think that Deloitte is jockeying with McK, especially when you consider the domination of McKinsey in the eyes of those who work in the industry.

However, on paper Deloitte derives $7.5 billion from its consulting business which is nothing to sneeze at. Considering that and the fact that they haven’t exactly made their desire for mergers a secret, Deloitte this very well could be a step in earning another #1 notch in their belt (with matching suspenders).

News

Surprisingly, Glenn Beck Doesn’t Understand How the 1099 Requirement Works

Caleb Newquist
November 19, 2010

Everyone agrees that the 1099 requirement in the healthcare overhaul sucks. It’s so unpopular that Max Baucus has taken it upon himself to ride in on the Senate chamber on a horse clad in shining armor with an amendment that will repeal the requirement pronto and single-handedly save small businesses everywhere.

But in the meantime, area man-cum-national fruitcake Glenn Beck thought he needed to warn all the eBay junkies out there that if don’t hock their stuff this year, they’ll be subject to the requirement next year:

Of course this is bullshit. Despite what GB might think about the national media, if this were in fact true, every outlet on the planet would have reported it already. The headlines would have screamed “WAR ON EBAY” and Meg Whitman could have campaigned on that (but probably still would’ve lost).

Anyhooo, just for good measure, The Hill’s Healthwatch also points out that Beck’s “exemption” claim is also false:

Beck also told his viewers on Tuesday’s show that “at least 111 companies have been declared exempt from having to use Obamacare.” In fact, the firms he refers to have been granted a one-year waiver from the requirement that their annual limit on coverage be at least $750,000.

“Exempt” versus “a one-year waiver.” Yeah, that’s almost the same thing.

What’s New in Business Taxation, Federal Payroll, and Retirement Plans?

Caleb Newquist
November 18, 2010

Feeling ready for tax season? Ready for those Schedule C’s and Schedule F’s? Here’s a quick list of the things you will want to be familiar with to properly advise your small business clients.

• New Health Bill provisions. You’ll want to understand the small employer health insurance credit and what new employer health plans look like.

• Self-employed health insurance can be deducted on the business return for the first time, which reduces SE tax.

• Health reimbursement “qualified” arrangements

• The new $500,000 Section 179 expensing allowance, a brand new $250,000 Section 179 for real property assets including leasehold improvements and restaurant property, and the unexpected renewal of the 50% bonus depreciation.

• The 2010 Federal mileage, lodging and meal per diem rates. Recordkeeping for travel, entertainment and the new rules on cell phones.

• The “away-from-home-overnight” requirement for travel expense deductions.

• How to handle the blizzard of Form-1099Cs business clients are receiving and how this cancellation of debt income can be avoided or deferred.

• The status of “hobby loss” and the office-in-home limitation rules

• The new NOL carryback provisions

• The new depreciable lives on restaurant buildings

• The new 9% domestic production activity deduction, who qualifies, what qualifies and where to put it on the return

Got it all? Need help pulling all the information together? Get the details on these and other issues related to business tax in Part 3 of CPE Link’s Federal Tax Update webcasts scheduled November-January. Course includes downloadable manual containing hyperlinks to applicable code sections.

CFOs

GM CFO: Today Is No Big Deal

Caleb Newquist
November 18, 2010

Chris Liddell is thinking about the future!

“I’m not worried about today, I’m worried about the three months and the six months and the nine months” from now, GM Chief Financial Officer Chris Liddell said in an interview this morning on CNBC.

Liddell also had some frank talk about how GM can never go back to the bad, old days, when he said GM was a financing company with a car company “attached,” and the auto maker used its pension plan as a “piggy bank.” GM needs to have a “fortress” balance sheet to support its business plan, Liddell said.

So the intention is there but old habits die hard, amiright? Francine McKenna thinks so and makes a prediction:

My prediction: GM needs another accounting restatement before the 2012 election. This time it shouldn’t be retail investors who end up with the short end of this stick.

Any takers? November 6, 2012 is the over/under. We’ll take the overs (post-election day) and if we lose, we’ll take FM to dinner at the restaurant of her choosing.

News

A Walmart Sticker Leads to California Lawsuit Against Overstock.com

Caleb Newquist
November 18, 2010

~ UPDATE includes link and quote from Overstock.com’s press release responding to the suit.

Gary Weiss is all over the $15 million lawsuit brought by seven California counties against Overstock.com today, noting that this could be a helluva problem for our fave SLC problem-child:

The counties had offered to settle with Overstock for as little as $7.5 million, but Overstock refused. No wonder: if the company had coughed up such a substantial amount of cash, it probably would have been driven into bankruptcy.

The suit came out of some alleged false comparative advertising claims (e.g. think Crazy Eddie commercials) including this one that got investigators on the case:

It was a Cottonwood man’s complaints about the firm that persuaded prosecutors to investigate the matter, said Erin Dervin, a Shasta County deputy district attorney.

In 2007, Mark Ecenbarger bought a patio set for $449 on Overstock. The website claimed the list price other companies were charging for the set was $999.99.

But when the furniture was delivered, there was a Walmart sticker on the side of the box showing the set was really worth $247.

Naturally, Overstock is saying that this one big misunderstanding and that isn’t how they do business. The prosecutors aren’t convinced:

The suit claims Overstock often outright makes up its list prices and compare-at prices based on arbitrary markups over the firm’s cost for the product. In many cases, Overstock entirely fabricated a fictitious comparison price and then claimed it was discounting that price, even when it was the only seller of the product, prosecutors allege.

You would think that such a troublesome lawsuit would cause havoc on the company’s stock price, wouldn’t you? Nope. Gary explains:

The reason for that is simple: fraud is already incorporated into the share price. This company is under SEC investigation for systematically cooking its books. Why should consumers be treated any differently than shareholders?

UPDATE: Full statement from Overstock is available although Patrick Byrne is MIA:

“Overstock.com stands by all our advertising practices, including providing comparison values which we thoroughly explain on our site. We have been singled out for standard industry practices, which we look forward to demonstrating in court,” said Jonathan Johnson, President of Overstock.com.

Career Center

How Do You Handle Workplace Confrontations?

GoingConcern
November 18, 2010

The following post is republished from AccountingWEB, a source of accounting news, information, tips, tools, resources and insight — everything you need to help you prosper and enjoy the accounting profession.

As professionals, we face this more often than we like. It makes us uncomfortable. It stirs up lots of emotions and feelings. It distracts us and can make us significantly less productive. What is this thing? It is workplace confrontation. As much as we may try to avoid it, or pretend it does not exist, workplace confrontation is real and as professionals, we need to know how to deal with it effectively.

In our digital and global world, workplace confrontation increasingly takes place through e-mail. I suspect this is occurring for two reasons:

1) It is easier to hide behind a digital cloak and say things you would not otherwise say to someone’s face in an e-mail, and

2) In a global world, people may not have the opportunity to talk face-to-face with many of their co-workers.

Even though confrontation has gone digital, it does not mean dealing with it becomes less important or easier. If anything, dealing with it becomes more important and difficult.

To shed some light on how to deal with this issue, I will give you an example of a conflict I faced recently via e-mail with a coworker who worked in a different state and who I had never met. My coworker was upset that I had sent him an incomplete reconciliation and felt I was trying to hand work off to him. He was not subtle in his feelings. In my initial e-mail, I had been kind in explaining that I was only trying to meet a deadline and the reconciliation was incomplete due to information lacking on his end. I asked if there was a justifiable reason for the information to be lacking. Because I knew my coworker was extremely organized, I had no reason to believe that he had overtly not done his job. What I did next is what I think will help you the next time you face workplace confrontation.

Upon receiving his angry e-mail, I stepped back from the situation so that I would not respond rashly. I then took the e-mail to my supervisor for guidance on how he thought I should respond. I incorporated his advice and wrote an e-mail that spoke to the facts and ignored all emotion from my coworker’s e-mail. By doing this, we exchanged a few more e-mails that ultimately allowed us both to learn about some weak links in our process that we were able to shore up.

I do not claim to be an expert on workplace confrontation, but I do believe the above tactics work in diffusing confrontation, whether face-to-face, on the phone, or through e-mail. The most important thing to keep in mind when responding to your coworkers is to try to understand where they are coming from and then shape your response in a way that either makes them see you are on the same team and/or how they stand to benefit if they step back and work through the problem in a constructive manner.

In my situation, I met my coworker face-to-face for the first time a few weeks after our confrontation, and we had an extremely productive week of work together. Our relationship has strengthened through this confrontation and we can now move forward working productively with each other. I welcome your comments on what you have done to diffuse workplace confrontation. What tactics have worked well for you? Not so well?

Accounting News Roundup: GM – Back in the Game; Film Credits Get No Love; FASB Parent Names CEO | 11.18.10

Caleb Newquist
November 18, 2010

GM Is Low-Key About Return to Stock Market [WSJ]
General Motors Co., though eager to shed the “government motors” stigma, will take a low-key approach to touting its return to the public markets.

GM’s $18.1 billion IPO is its biggest step yet away from being owned by the U.S. government, which rescued the auto maker and became its largest shareholder with last year’s government bailout. The offering will reduce U.S. Treasury’s stake from 61% to around 26%.

The Bipartisan Policy Center’s Bold, Controversial Stab at the Deficit and Tax Reform [Re:Balance]
Jim Peterson writes, “Having taken M Barnier to task, I was rightly challenged by readers to stop complaining and be constructive.” Accordingly, he has presented the message.

Leftish Think Tank: Film Credits Stink [Tax Update Blog]
Bipartisan opposition! Who knew it was possible?

FinReg May Hamper Job Growth [FINS]
New York’s Comptroller took a swing at D.C.’s financial reform measures in a report on the securities industry released this morning.

The office noted that measures to hamstring Wall Street compensation, prop trading and derivatives trading would crimp growth in the state’s overall workforce. Each securities job in New York creates two other jobs in the city and one position outside of the city, according to the comptroller.

Mark-to-Make-Believe Perfumes Rotten Loans [Jonathan Weil/Bloomberg]
Banks exploiting loopholes in fair value reporting rules? Get out!

2 Former Madoff Aides Are Arrested [DealBook]
Annette Bongiorno was arrested at her home in Boca Raton, Fla., and Joann Crupi was arrested at her residence in Westfield, N.J., the spokesman said. Both women worked for Mr. Madoff for more than 25 years. Ms. Bongiorno served as Mr. Madoff’s longtime personal secretary; Ms. Crupi, among other responsibilities, handled Madoff’s daily cash balances.

Qantas A380 suffered “cascade of failures”: report [Reuters]
The last thing you’re looking for when a plane is in the air is a ‘cascade’ of things going wrong.

FAF, FASB’s Parent Organization, Names Its First CEO [JofA]
Teresa S. (Terri) Polley gets the honor as well as keeping her old job as president.

Quote of the Day

Spreading the Sacrifice Around

Caleb Newquist
November 18, 2010

“Everybody must sacrifice so this quiet killer won’t eat us alive before we have a chance to fix what was our doing.”

~ Former Senate Budget Chairman Pete Domenici who, along with Alice Rivlin, rolled out their fiscal deficit solution today that includes a 6.5% national sales tax.

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