Going Concern

Small Business

The AICPA Goes to Bat for Small Business; Requests Repeal of Expanded 1099 Reporting

Caleb Newquist
July 29, 2010

In these pages last week, we brought up the expanded 1099 reporting requirements that could possibly bury some small busineocumentation. The question remains, how big is this pile? Will it require a shovel to dig out of the pile of paper or a bulldozer?

Based on the AICPA’s letter to the U.S. Senate that made the rounds yesterday, it will require a team of angry Ohioans – all with their own dozer – to unbury small business owners.

Alan Einhorn, the Chair of the AICPA’s Tax Executive Committee wrote the letter and in extremely tactful terms, expresses his discontent, “[W]e believe section 9006 of the Act should be repealed because the provision imposes extremely burdensome information reporting requirements on business taxpayers that cannot be justified in terms of the limited utility such information reports will provide to government.”

Adrienne boils that down in a less tactful manner, “You don’t have to be a CPA to see why this is a completely moronic idea. What happened to paperwork reduction? I love the use of ‘extremely burdensome’ – as most of you probably know, it’s got to be REALLY annoying to get the accountants to bust out the ‘extremely’ in a complaint.”

She makes a good point. Not to get all English-y on you but the adverb “extremely” doesn’t exactly make it a more effective sentence. Alan was clearly going for exaggeration in order to get his point across that this portion of the Patient Protection and Affordable Care Act is the most useless section of the entire act. And for some of you, that’s really saying something.

AICPA Letter to Congress Supporting Repeal of Expanded 1099 Reporting by Businesses

Tax
Video

John Kerry Is Paying the Taxes on His Yacht, Would Appreciate It if Everyone Changed the Subject

Caleb Newquist
July 28, 2010

Talk about wearing the guy thin.

Moral of the story? Call for an investigation of a wealthy guy – a wealthy Senator – with a wealthier wife and he’ll gladly cut a check to get you to shut the hell up.

Announcements

Thanks To This Week’s Advertisers

GoingConcern
July 28, 2010

A quick word of thanks to this week’s advertisers on Going Concern:

• Sunshine Suites

• Wiley

If you’re interested in advertising on Going Concern, email us at advertising@breakingmedia.com.

Thanks!

Chris Tucker Is Making a Run at Nicolas Cage-Level Tax Trouble

Caleb Newquist
July 28, 2010

Maybe! CT owes the Treasury $11.5 million for back taxes, according to reports. This covers the 2001-2002, 2004-2006 tax years.

This sum nips on the heels of the $14 million that Nic Cage paid the Feds last year (and the $3.8 million he owes California for this year). In addition to the sum due to Shulman & Co., Tucker owed California $3.5 million last year, so, clearly, we’ve got ourselves a race here.

The difference is that NC has been working, which gives him a glimmer of hope of being in full compliance.

Tucker hasn’t been in a film since Rush Hour 3 in 2007 which, as some have pointed out, may be extremely good news for fans of that particular franchise.

Chris Tucker — 11 Million Tax Problems [TMZ]

Fraud

Sue Sachdeva Pleads Guilty, Shopaholism Still a Possible Motive

Caleb Newquist
July 28, 2010

Well gang, the Sue Sachdeva circus has come to an unspectacular end. S-squared pleaded guilty yesterday to the $30-odd million embezzlement at headphone factory Koss. No trial, no media circus (the type we envisioned anyway) and no spectacular cross-examination that could have resulted in a great Law & Order Brewtown spinoff.

Nope. Just a guilty plea, some regret from Suz and the distinct possibility that something might not be right upstairs. Although the MJS reports, “when asked whether she had any mental health issues. [Her attorney, Michael] Hart answered for her, saying there were no issues of mental health that prevented her from understanding the government’s case or the plea agreement,” her statement alludes to some “issues” that led to the thieving:

Sachdeva Release

So while the Sachdeva portion of this program is more or less over (sentencing is October 22), we still have the Koss v. Grant Thornton blamestorming to look forward to. Which will be a for more nerdy exchange but could result in some fun finger-pointing, nonetheless.

Sachdeva pleads guilty, says she regrets fraud [Milwaukee Journal Sentinel]

Industry

Non-Profits Get Picked On (And Deserve Some of It)

Adrienne Gonzalez
July 28, 2010

When budgets are tight, it only makes sense that non-profits would become targets since they tend to get the most free rides. We’ve seen it with this 990 push (kind of like 404(b) for < $75 million and new health care rules that require companies to send in 1099s for every vendor purchase over $600, it feels a little like bureaucratic busywork to me) and now non-profit executive compensation is in New Jersey tie’s crosshairs.

A provision in his state’s recently passed budget limits executive salaries at nonprofits that do business with the state.

Firedoglake foamed at the mouth over recent comments by Tom Coburn after he shot down $425 million in fresh money for the Boys and Girls Clubs. FDL appeared absolutely incapable of comprehending caps on non-profit salaries when for-profit CEOs earn “500 times” more than their non-profit counterparts.

On Capitol Hill, four senators this spring refused to approve a $425 million package of federal grants for the Boys & Girls Clubs of America after staff members looked at the organization’s tax forms as part of a routine vetting process and were surprised to learn that the organization paid its chief executive almost $1 million in 2008 — $510,774 in salary and bonus and $477,817 in retirement and other benefits.

“A nearly $1 million salary and benefit package for a nonprofit executive is not only questionable on its face but also raises questions about how the organization manages its finances in other areas,” said Senator Tom Coburn, Republican of Oklahoma.

We covered S.2924 back in March when Chuck Grassley wrote a nasty note asking for – gasp – accounting details. While I totally support FDL’s outrage towards for-profit CEOs, I have to remind them that we already have the accounting details of for-profit corporations; so if Jamie Dimon gets $42 bazillion a year, we can just dig into his financial statements to figure out why. Chances are assets > liabilities so he can do that (unless he’s asking for a bailout but I don’t recall hearing him ask in 2008). With the Boys and Girls Club posting a $13 million loss in 2008, President Roxanne Spillett still earned $593,926. You don’t think that might warrant a little investigation?

FDL goes on to wonder out loud if all non-profits are created equal:

If Senator Coburn is going to stagger down that path, arms flapping wildly at the injustice of these non-profit salaries, then by his reckoning, the NRA’s Wayne LaPierre should forego his $1,139,568 annual salary (as of 2008), and Robert Mazzuca of the Boy Scouts of America needs to pay back that $1,577,600 he received in 2009. (Note: Yaron Brook, President and Executive Director of the Ayn Rand Institute, only pulls down $350K a year. Methinks someone’s not living up to his objectivist potential.)

I’m all for reform but only when applied equally across the board. The alternative is letting the market decide by being an informed donor (using tools like Charity Navigator to see how much particular non-profit execs are making and how they are using their money). If you don’t believe in a non-profit’s compensation practices, don’t give them a thing.

The government can continue to do so without caring or it can get smart about the money that it does not have and start taking a closer look at how non-profits operate. If you ask me, the entire thing is a gaping hole of waste and confusion and you could possibly confirm that with anyone familiar with non-profit accounting.

Accounting News Roundup: BP’s Tax Break Could Bring Congressional Belly Aching; Steinbrenner’s Will Postpones Decision Estate Taxes; KPMG Foundation Awards Minority Scholars | 07.28.10

Caleb Newquist
July 28, 2010

BP Seeks Tax Cut on Cleanup Costs [WSJ]
“In releasing second-quarter results Tuesday, the London-based oil giant said it was taking a pretax charge of $32 billion to cover damages, business claims an the next several years.

That total will be offset against its U.S. tax bill, resulting in a $10 billion reduction in taxes, the company said. The tax reduction will cut the company’s anticipated net spill-related losses to $22 billion, the company said.

BP paid $10.4 billion in taxes world-wide last year, according to its 2009 annual report.

Tax experts said that BP’s filing reflected standard accounting practices, even if the sums involved were unusually large.”

The Boss’ will power [NYP]
“The Boss’ will stipulates that an undisclosed portion of his estimated $1.1 billion sports, shipping and racehorse-breeding fortune will go into a trust for his widow, Joan, 74.

And it assigns Steinbrenner’s lawyer, Robert Banker, to decide whether that trust pays federal estate tax for this year, or not until after Joan Steinbrenner dies.

Although there currently is no federal estate tax for 2010, that could change if Congress acts to close the loophole and enacts such a tax retroactively, putting Steinbrenner’s estate on the hook for $500 million or more.

But under the law, Banker would have nine months from Steinbrenner’s July 13 death to decide if the estate should pay estimated estate tax for a 2010 filing — or at the rate in effect whenever Joan dies. Banker can take another six months before deciding to make that move permanent.”

LinkedIn Value Tops $2 Billion After Tiger Global Investment [Bloomberg]
“Tiger Global Management LLC, a hedge fund founded by Chase Coleman, paid $20 million for a stake in LinkedIn Corp., valuing the professional-networking website at more than $2 billion, said two people familiar with the matter.

The purchase, at $21.50 a share for about a 1 percent stake, was from existing shareholders and doesn’t represent new investment, said one of the people, who declined to be identified because the sale has not been disclosed. LinkedIn, based in Mountain View, California, is closely held.”

Sexy SAP? Surely not!! [AccMan]
SAP is known for helping HUGE companies manage all of its resources including CRM, accounting, HR, etc. etc. with enterprise solutions. There’s no chance that a huge company like this with a slew of mega corp clients could have something sleek and flexible for your small business, right? Dennis Howlett would beg to differ:

“SAP has a reputation of being big, heavy, slow and expensive. Fine for the Nestlé’s and Colgate-Palmolive’s of this world but hardly a fit for an SME business. That’s simply not true. ByDesign can be used by companies as small as 10 users. 20 users would be nice but 10 is OK. If you’re moving from say Line 50 then implementation and data transfer can be handled for less than £10K. You’re going to do a good amount of work yourself in learning how this thing works but SAP has provided plenty of guided learning material to help.”

Including a video that DH has up over at AccMan today. So simple, the editor of an accounting blog can understand it. No more excuses, people.

KPMG Foundation Awards $470,000 in Scholarships to 47 Minority Accounting Doctoral Scholars [PR Newswire]
“The KPMG Foundation [on Tuesday] announced it has awarded a total of $470,000 in scholarships to 47 minority accounting doctoral students for the 2010–2011 academic year. Of the 47 scholarships, the Foundation named 12 new recipients and renewed 35 existing awards. Each scholarship is valued at $10,000 and renewable annually for up to five years.”

IRS Demands $45 Million From Billionaire McCombs [Forbes]
Clear Channel founder and former Minnesota Vikings owner, “Red” McCombs finds himself in a similar pickle with the IRS as Phil Anschutz.

Quote of the Day

Tony Hayward Goes Out on a High Note

Caleb Newquist
July 28, 2010

“We have followed the IRS regulations as they’re currently written.”

~ The outgoing BP CEO, explaining the $9.9 billion tax credit the company took in the second quarter.

Someone in IRS Des Moines Office Didn’t Get the “File the Form 990” Memo

Caleb Newquist
July 28, 2010

Our contributor Joe Kristan has spent most of July on vacation in an undisclosed location but he returned this week and didn’t waste any time pointing out some irony courtesy of the IRS.

What you see above is a clip from the list of tax-exempt entities in Iowa who have not filed their Form 990 and need to take action by the new drop dead date of October 15th.

Welcome back, Joe.

The TIGTA Would Prefer It if the IRS Could Use a Nicer Term Than “Tax Protester”

Caleb Newquist
July 28, 2010

Back in 1998 when some of you were just starting your careers, some of you were discovering alcohol and some of you still hadn’t hit puberty, Congress enacted the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 98). In Section 3707 of this piece of legislative ingenuity, the IRS is prohibited from using the term “illegal tax protesters or any similar designations.”

Why no name calling? The TIGTA claims it “may stigmatize taxpayers and may cause employee bias in future contacts with these taxpayers.” Plus, it really hurst people’s feelings.

This latest edition of government-mandated IRS bashing especially seems like a stretch since this “problem” of calling a spade a spade isn’t that widespread:

We found that, out of approximately 80.6 million records and cases, there were 196 instances in which employees had labeled taxpayers as “Tax Protester,” “Constitutionally Challenged,” or other similar designations in case narratives on the following computer systems during the period of October 2008 through September 2009[.]

For starters, “Constitutionally Challenged” sounds like something you might apply to a Tea Party member. Secondly, you can do the math on the 196 instances out of 80-odd million but the concern on the part of the Inspector General might be overblown.

Luckily for us citizens, we can throw around any term we want with reckless abandon and there’s no repercussions. That being said, the TIGTA didn’t make any recommendations to the IRS on how to curb the usage of axtay rotestorpay and the IRS didn’t buy the Inspector’s story that the 196 instances were, in fact, violations. So, if you’ve come to the conclusion that this TIGTA report was the biggest waste of time and tax dollars in the history of the Treasury Department, you probably wouldn’t be far off.

CFOs

Key Steps for CFOs Starting at a New Company

GoingConcern
July 27, 2010

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

Last year, 13 percent of chief financial officers changed jobs. Although this was down from 18 percent the prior year, Deloitte’s CFO Programs predicts CFO turnover will rise again this year.

The ramifications of turnover are huge. Tom Bonney, founder and managing director of CMF Associates, which offers temporary CEO, COO and controllership services, estimates that when a CFO leaves, efficiency in the finance department is automatically cut in half and exposure to risk i CFO joins the company, the ramp up period is longer than other key executive roles, due to the CFO’s broad array of responsibilities.

A recent report from Deloitte CFO Services highlights practices that successful CFOs have used to get off on the right start in their new positions based in large part on interviews with more than 20 CFOs from varied companies with nearly $170 billion in combined revenues, most with more than $2 billion in revenues.

Step one: Get to know the business. Learn what works and needs to be changed. Use your team as a resource in the process. The ability to be a good listener, as well as a clear communicator is crucial as CFOs establish relationships and plan for the long term. Listening to your team will not only help you plan your business goals, but reveal your company’s culture, and establish you as a trusted leader.

Step two: Create a 180-day agenda. Most CFOs surveyed by Deloitte felt they had six months to establish their roles. This includes creating an agenda with their CEOs and peer executives, as well as recruiting and renewing talent to build an ideal team. Then clearly communicate your agenda to your team and begin establishing a long term vision.

Step three: Make an impact on the business. If the first 180 days are about getting to know the company, choosing what to do and getting the right team in place, the next 12 months are about execution and ratcheting up the contribution of finance to the business. Making this difference requires deploying resources and capabilities effectively to achieve key initiatives. To do this, align talent with top priorities, delegate with confidence, adopt effective practices, and encourage transparency and accountability throughout your team.

Be mindful about how you allocate your time. Focus on where you can get results, sooner rather than later. “You need to get quick wins,” says Ajit Kambil, Deloitte’s global research director.

You also need to gain a quick understanding of the trends and metrics of your company, especially as it relates to the industry you are serving. “This knowledge, along with the ability to communicate with the management team, will foster success for the executive and assist in reaching corporate goals,” says Thomas Galvan, CFO of Rising Medical Solutions, a medical-financial solutions firm.

Think strategically. If you move up from controller to CFO, instead of worrying about GAAP and FASB, you may be asked to participate in strategic decisions. “The critical relationships are now not so much between the income statement and balance sheet, but between the CFO and a CEO – as well as the board of directors,” explains Todd Ordal, president of consulting firm Applied Strategy. “The political skills required can be significant.”

Culture also counts. For example, in a small organization, it can be critical for a CFO to be hands-on, but in a larger organization, it can be critical for the CFO to delegate. Do your homework and don’t assume anything.

Ultimately, the Deloitte study found the critical issues fell into three buckets: time, talent and relationships. Says Kambil: “If you don’t get them right, you diminish the opportunity to succeed.”

News

Dennis Kozlowski Would Like to Know Why More People Aren’t Outraged About These Epic Tyco Parties

Caleb Newquist
July 27, 2010

A couple of weeks ago we told you about fired Tyco accountant Jeff Weist who wasn’t really into, among other things, mermaid greeters and costumed wenches. Whether or not he’s not a fan of starfish bikinis wasn’t the issue, it was the principle of the matter.

You see, some Tyco executives got into a bit of trouble back in the day for some accounting fraud but the kicker was the footage of a four-day “Roman orgy” rager in Sardinia. The jury didn’t have much problem throwing the book at former CEO Dennis Kozlowski and former CFO Mark Swartz after concluding that awesome party = crooked execs. Weist figured the company didn’t really need more trouble so he raised a fuss over the expenses for another epic bash that was being planned for execs in the Bahamas.

FOX Business Network’s Neil Cavuto got wind of this and had Weist on his program only to do most of the talking. When Weist was able to squeeze a word in, he didn’t exactly come across as a fun-loving guy but more like your typical accountant that would probably frown on these types of shenanigans. Nevertheless, Weist was given the boot and that has caused a bit of stir – specifically, Weist filing suit against Tyco.

Anyway, a guy that knows a little something about awesome parties – Dennis Kozlowski – caught Cavuto’s little program and felt obligated to write a letter (a copy follows in the following pages) expressing his disappointment.

Koz writes, “As I write this letter in my 6′ x 9′ cell jail cell, all I can muster in response to your show is ‘My, how things have changed.’ “

Right! Like, how on Earth can you justify stingray feedings? COME ON. You want sexy men and women running around in togas, that’s understandable. You just raid your linen closet and you’re good to go. But can you believe someone would throw a corporate bash in the Western Hemisphere? Shameful.

He goes on to hem and haw that if it wasn’t for some idiot deciding to tape his little bash in Sardinia, which was later shown to 12 Manhattan jurors, he wouldn’t even be in this predicament. Further, DK would like to know where the outrage is re: the mermaids, wenches, tattoo artists, bonuses and so forth, “With the Tyco extravaganza where employees were paid ‘bonuses’ to attend, you have to ask where is the outrage?”

Well? Outrage? Anyone? The man is in a prison upstate and he can’t hear you!

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