Going Concern

Comp Watch: Sit Downs Starting at Deloitte; Anxiety Over Raises Picking Up

Caleb Newquist
July 2, 2010

Lots of news this week on the compensation and promotion fronts with Grant Thornton, KPMG and PwC all making announcements or soon-to-be making announcements (that we’ve heard; are you holding out on us, E&Y?).

The latest out of Deloitte is that the discussions are starting (although maybe not today since it sounds like most are off) but the news on yay or nay on promotions is starting and now the anxiety around comp will increase over the next two month:

The year-end ratings and promotion decisions have been approved by National; so the process of communicating both to Deloittians is starting…At a high-level, I heard that promotions this year were tough – that being said, plenty of people made it through. For the most part, people are now waiting to hear about comp – scheduled for communication the last two weeks of August.

We did hear one rumor about the number of new partners expected, “at a recent partner meeting, it was announced that there will be more than 60 new PDPs nationally, with more than 10 being in the Northeast,” so you can toss that around your meat-ingestion fest this weekend if you so choose.

Discuss your epic/tragic news re: your new promotion if you’ve received word and keep us updated on the comp rumors.

Accounting News Roundup: Are “Tax-Aware” Juries the Solution to Deductible Punitive Damages?; Financial Fake Twitter Feeds; Deloitte’s Czech Problem | 07.02.10

Caleb Newquist
July 2, 2010

Damages Control [NYT]
Because BP could end up paying a metric asston in punitive damages over the Deepwater Horizon whathaveyou, the Senate recently approved a repeal of punitive damages awarded in civil disputes being deductible for tax purposes.

The problem is that it probably won’t work, as Gregg Polsky and Dan Markel, two law professors at the University of North Carolina at Chapel Hill and Florida State University write in an op-ed in today’s Times:

“When plaintiffs and defendants reach a settlement before a trial, which happens in most cases, they aren’t required to specify which parts of the settlement are punitive and which are compensatory; therene number. That allows defendants to disguise the amounts that they would have paid as punitive damages as additional compensatory damages.

And because the measure maintains the deductible status of compensatory damages, nearly all punitive damages will remain, as a practical matter, deductible. This easy circumvention surely explains the meager revenue projections from the measure: $315 million over 10 years.”

The solution, according to Polsky and Markel is to make juries “tax aware” so that they may adjust their findings appropriately, “the prospect of tax-aware jurors would also raise the amounts of settlements before trial — when, again, most cases are actually resolved. This is because the amount of a settlement depends on the amount that a jury is expected to award after a trial. If tax-aware juries became the norm, plaintiffs would push for higher settlements, and thus both settling and non-settling defendants would bear the correct amount of punishment. Under the Senate’s approach, in contrast, only the very few non-settling defendants would bear that punishment.”

Five Fake Finance Twitter Feeds [FINS]
These are far better reasons to be on Twitter than Ashton Kutcher or Kim Kardashian.

Charities fail to communicate in annual reports: Deloitte [Accountancy Age]
Whatever they are communicating, it’s still more informative than a “Transparency Report.”

More cloud accounting benefits [AccMan]
“It is becoming increasingly obvious that clouding computing benefits as they apply to the accounting arena stretch way beyond the ability to save time, effort and cost. As I meet with more customers, I am discovering benefits that only customers can express.”

Apollo Said to Hire PricewaterhouseCoopers’s Donnelly as CFO [Bloomberg BusinessWeek]
“[Gene] Donnelly, who starts in his new role today after 29 years at New York-based consulting firm PricewaterhouseCoopers LLP, fills a vacancy left by the departure of Kenneth Vecchione in January, said the person, who asked not to be identified because the hiring wasn’t announced. Barry Giarraputo, the company’s chief accounting officer, had been serving as interim CFO.”

Deloitte answers fraud reports [The Prague Post]
Francine McKenna tweeted about this story yesterday, where Deloitte has been cited by one Czech newspaper as being investigated by Czech anti-corruption police.

“Deloitte has been put on the defensive since the June 28 report in the daily Lidové noviny (LN) that quoted unnamed sources alleging a slush fund used to bribe public officials and fraudulent accounting that gave clients better financial results. Deloitte says the results of an internal review highlighted ‘certain deficiencies in management reporting,’ but considers the results an internal matter and will not make any comments.”

Quote of the Day

Goldman Sachs Isn’t Perfect, Ya Know

Caleb Newquist
July 2, 2010

“During the course of the financial crisis, we made our fair share of mistakes. We lost a considerable amount of money through our exposure to leveraged loans and mortgages.”

~ Goldman Sachs CFO David Viniar, in his opening statement before the Financial Crisis Inquiry Commission.

Eight Things Accountants Can Do This 4th of July Weekend

Daniel Braddock
July 2, 2010

Study for the CPA exam: July is a testing month, so study up on whatever exam is hanging over your head. Your firm is giving you time off – stay sober for six of those hours and cram some knowledge.

Spend The Man’s money: Are you done with the CPA exam and now have an incentive check for doing so burning a hole in your madras shorts? Cash it in, treat yourself to something nice, and begin the b*tching about fulfilling upcoming CPE requirements.

Eat some meat: If you’re a lucky KPMG Kamper that already received your Omaha Steaks package, light up the grill and cook up a feast. (I hear outdated Becker CPA review books make excellent fire starters.)

Jump Start things early: E&Y, PwC, and Deloitte are all closed tomorrow and Monday (at least that’s the case in New York City), leaving Uncle Peat as the lone office stuck with just a three day weekend. Correct me if I’m wrong, but that…sucks? Skip out early, Kampers.

Click on the ads all over Going Concern. Come on, Caleb deserves your ad revenue.

Network you patriotic pants off: Holiday barbeques bring together both friends and strangers. Also be open to the possibility of talking shop with the acquaintances you meet; you never know when a job or new client opportunity will present itself.

Work on your resumé: Your resumé should always be updated; simple as that.

Spend time with family and friends: No, really. You public accountants work too hard and spend too much time together (yes, I’m referring to the romantic couplings occurring at Thursday night happy hours). Branch out and reconnect with your friends – you know – “those people” with 40 hour work weeks. They miss you. Plus, the tan-less look you’ve been rocking since busy season is so February’s look.

Share your plans or off-the-cubicle-wall ideas below. See you all on Tuesday. Cheers!

You’re Going to Grad School: Do You Sit for the CPA Exam or Wait?

Adrienne Gonzalez
July 2, 2010

For many of you it is graduation season and that means planning to start at a firm in the fall or going back to school. But do you really need grad school?

Here’s our question from a reader planning on eventually taking the CPA exam but unsure as to when:

I just finished my undergraduate degree in the summer and therefore did not meet any of the application deadlines for grad school this Fall. I plan on going to grad school in the Spring, but in the meantime, I wanted to register to sit for the CPA exam. Is this a dumb thing to do? Most of my friends are going to grad school and studying for the CPA exam simultaneously. I don’t want to wait to the Spring to start taking the CPA though–but perhaps it will be more beneficial to me to wait. I need all the help I can get to pass. On the other hand, I’ve heard that you don’t necessarily need everything you learn in grad school to do well on the CPA exam, and all that extra information that they feed you can actually confuse you. I would love to hear your input on this.

Let’s be honest here, there are two distinct universes: 1) the CPA exam universe and 2) the actual universe.

Scenarios presented on the CPA exam are often contrived in the way that only made-up content can be and very often fail to match real-world experiences that you will encounter in your exciting career as a CPA. That also means that college may have poorly prepared you for the CPA exam universe, whether undergrad or graduate level. The CPA exam changes twice a year but it’s pretty likely that your college professors used the same books several years in a row. Of course accounting is still accounting but you are right to assume that grad school may not adequately prepare you for the CPA exam. Why do you think review courses make so much money?

Our advice is ALWAYS the same when it comes to loading up your plate with other things while trying to tackle the CPA exam: less is more. If you can trim out part of your social life, take time off of work, and avoid any additional educational or professional responsibilities while studying, you’re in a much better place to focus on the exam. Ask any of your friends who are trying to do grad school and the CPA exam at the same time in a few months how things are working out and I guarantee you they’ll tell you it’s not the cake walk they thought it would be. If you can save yourself the headache, do it, you can always go back to school later.

Grad school may make you more hireable and teach you a few tips and tricks for your career but as far as the exam goes, if that’s your only motivation for getting more education, you’d be better off just picking up some extra units to meet the 150 hour rule and focusing your efforts with a good review program. Again, college texts are usually outdated and don’t cover the same topics as the CPA exam.

It is our humble advice that you apply for the CPA exam immediately and make it your goal to complete all exam parts before you start school in the Spring since you will have the time to focus on the task at hand. Good luck!

Adrienne Gonzalez is the founder of Jr. Deputy Accountant, a former CPA wrangler and a Going Concern contributor. You can see more of her posts here and all posts on the CPA Exam here.

What’s the Next Move in This PCAOB Situation?

Caleb Newquist
July 1, 2010

Jonathan Weil over at Bloomberg has a new column up today and he is less enthusiastic about the Supreme Court decision in FEF v. PCAOB than say, everyone else.

JW is mostly wondering why we should keep having an “independent” PCAOB inside the SEC since the board members will now be at the mercy of the towing the political line inside the Commission, “While the court

Patch This or: How to Learn to Stop Worrying and Love the Alternative Minimum Tax

Joe Kristan
July 1, 2010

Congress has been twisting itself into knots to pass 70-odd special interest “expiring provisions” this spring, though without success. These provisions that have come within one or two votes of being extended one more time are almost all special-interest provisons, providing tax breaks or direct cash subsidies to folks like biodiesel producers and race-track operators.

Meanwhile, the grandaddy of all expiring provisions goes largely unmentioned. Without new legislation, 24 million additional taxpayers will pay alternative minimum tax this year. That will happen because the AMT exemption for joint returns will fall from $70,950 to $45,000, and from $46,700 to $33,750 for single filers.

The AMT is a shadow tax system with fewer deductions and credits and a different rate schedule; it only applies when it gives a higher tax than the “regular” income tax. The reduction of regular tax rates in 2001 brought the regular and AMT brackets much closer, threatening to bring millions of voters into the AMT system. Congress has been passing “patches” to raise the AMT exemption for a year or two at a time since 2001 to avoid that. The last “patch” expired at the end of 2009.

An unpatched AMT would hit hardest taxpayers in the $100,000-$500,000 income range. Congress doesn’t want to anger that many potential campaign contributors. But where will Congress find the $68 billion or so of income that the AMT is budgeted to raise next year without a patch? The six month unemployment extension failed yesterday in the Senate because it would have increased the deficit by $34 billion.

So what will happen? Presumably an AMT patch will pass to appease voters as the election approaches, deficits be damned. Still, that’s not certain, especially in the current political environment.

So what can taxpayers do? They should start by projecting their tax for 2010. If you have one, your tax preparer is likely to have software to enable you to run the projection. If you use home tax software, it may also include a tax projection feature. Otherwise, you will have to use a 2009 copy of Form 6251, but using the reduced 2010 exemption amounts. Then you should fiddle with some items that affect AMT:

• The timing of your state and local tax payments.
• The timing of your miscellaneous itemized deductions.
• The timing of your capital gains, including capital losses.

Don’t be surprised if you find you have alternative minimum tax no matter what you do, especially if you live in a high-tax state. Then call your Congresscritter and ask for your patch.

Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.

Career Center

Job of the Day: Nemours Needs an Assistant Treasurer

GoingConcern
July 1, 2010

Nemours is looking for an experienced accounting or finance professional to fill an Assistant Treasurer role in its Jacksonville, Florida location.

The position requires an MBA with three years experience and knowledge of accounting principles and financial analysis.

Company: Nemours

Title: Assistant Treasurer

Location: Jacksonville, FL

Description: This position is responsible for providing assistance with analysis and management of short- and intermediate-term investment pools. Additionally, will provide assistance with analysis and management of self-insurance, captive and risk retention group investment pools. Finally, this position will be responsible for ongoing monitoring and analysis of existing debt structure.

Responsibilities: Prepares analyses and provides reports on investment holdings and investment performance of Nemours short- and intermediate-term investment pools; Prepares analyses and provides reports on investment holdings and performance held by Nemours’ wholly-owned subsidiaries; Researches and coordinates new cash management products and procedures. Provides assistance in designing and implementing technical and process improvements to the organization’s cash management functions, including float optimization and maximization of portfolio earnings and acceleration of cash collections; Assists Managing Director of Finance/Treasurer with cash flow analysis to ensure optimal investment of funds. Ensures funds are available to meet the needs of all Nemours’ expenditures, including Payroll and Accounts Payable, while timing availability to maximize investment of unexpended cash.

Qualifications/Skills: MBA with an emphasis on Finance, along with three (3) to five (5) years of related experience; Excellent written and verbal skills; Knowledge of general accounting principles; Knowledge of financial analysis techniques and methods for assessing the operating effectiveness and financial condition of organizations.

See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Fraud
News

Koss Files Restated Financial Statements, Just in the Nick of Time

Caleb Newquist
July 1, 2010

As you may recall, restated financial statements for headphonesmith company Koss were due yesterday and they used all the time they were allowed.

According to our friends aty filed its restated 10-K for June 30, 2009, and 10-Qs for September 30, 2009, December 31, 2009 and March 31, 2010 5 pm, 5:06, 5:11, 5:16 and 5:17 respectively.

Oh and they topped everything off with an 8-K at 5:27 that explains the barrage (not that we need it but, you know, securities law and stuff):

On June 30, 2010, Koss Corporation (“Koss”) released restated consolidated financial statements for the fiscal years ended June 30, 2009 and 2008, and the quarter ended September 30, 2009. Koss filed amendments to its Annual Report on Form 10-K for the fiscal year ended June 30, 2009 and its Quarterly Report for the three months ended September 30, 2009 containing the restated consolidated financial statements for the applicable periods. The restatements were required as a result of previously disclosed unauthorized transactions by Sujata Sachdeva, Koss’s former Vice President of Finance and Principal Accounting Officer.

Koss also amended its Quarterly Reports on Form 10-Q for the three months ended December 31, 2009 and March 31, 2010 to include financial statements, which were omitted from the Company’s reports when previously filed. The release of these financial statements was delayed due to the restatement of Koss’s financials statements required by the unauthorized transactions. With the filings of these amended Quarterly Reports on Form 10-Q, Koss understands that it will regain compliance with Nasdaq Listing Rule 5250(c)(1), which requires the timely filing of periodic financial statements.

That about covers it, doesn’t it? Oh right, the actual numbers. We checked in with forensic sleuth and GC friend Tracy Coenen on these and she gave us some perspective on the restated numbers:

So I’ve taken a run through the restated numbers for 6/30/09 and 6/30/08. Very interesting.

2009 – Revenue was understated by $3.5 million to conceal the fraud, while COGS was overstated by $1.7 million. Overall there is now a loss for 2009, thanks to $8.5 million of theft, but without that, the company would have had profits of $8.2 million, or 19.6% on net sales. Wow!

2008 – Revenue was understated by $2.1 million to conceal the fraud, while COGS was overstated by $1 million. Overall there is now a loss of 2008 of $1.3 million thanks to $5.1 million of theft, but without that, the company would have had profits of $10.7 million or 21.9% of sales.

Pretty impressive stuff. Maybe the company was right when they said everything would be hunky-dory once they got this little mishap out of the way. Chief headphone inheritor Michael Koss explains in the company’s press release, “Given that certain unauthorized transactions were concealed in the Company’s sales and cost of sales accounts, our sales were higher and our cost of sales was lower than previously reported in both 2009 and 2008. This correction has revealed an increase in gross margins for our Company. From this perspective, the Company’s performance was actually stronger than originally reported.”

Tracy continues:

What you see is that 65%-75% of the theft on an annual basis was concealed on the P&L, and the remainder was dumped into the balance sheet, via inflated A/R, Inventory, and fixed assets, and understated liabilities. The adjustments on the balance sheet are large by 2009 because those irregularities were cumulative.

So the bottom line is that the company is very profitable, if shareholders could actually count on them to watch over the money and see to it that the profits aren’t all being stolen. My original theory was that Sachdeva was expensing her theft, and that’s true to some extent, but failure to record sales was presented to me later as part of her her scheme, and she also involved the balance sheet which created a cumulative (and messy) problem.

Oh right! Watching the money. Should probably write that one down. Hopefully we’ve all learned a valuable lesson.

News
Tax

That Orangey Glow Will Be a Little More Expensive Today as Tanning Tax Takes Effect

Caleb Newquist
July 1, 2010

Everyone in the melanoma-for-sale business is perplexed about the tanning tax that goes into effect today and the Journal reports that the hella confusion is mostly about why some businesses are able to dodge the tax while others are not.

Case in point, health clubs get to offer their George Hamilton specials tax free while video stores (?) that offer tanning do not.

When Jeanne Chamberlain turns up at work Thursday, she’s going to have to grapple with America’s first federal tax on tanning services, a 10% levy designed to help pay for Congress’s health-care overhaul.

Ms. Chamberlain runs a video-rental store.

These would normally be unrelated facts, but 20 years ago, Ms. Chamberlain followed a number of her peers in adding tanning services to smooth out the bumps in her Rice Lake, Wis., business. Today, she wants to offer one free tan for every three rentals. Should that freebie be taxed? Ms. Chamberlain doesn’t know, and even if she did, she doesn’t yet have the software in place to help with the calculations.

For starters, video stores still exist? We had just assumed that they had gone out with powdered wigs. Netflix, Hulu, etc. etc. And since when do they offer tanning services? “Oh I see you’ve got Gigli there, great choice. Would like to hop in one of our tanning beds while I rewind the tape?”

Anyway, back to the tax:

Among the new details: “qualified physical fitness facilities” that include access to tanning beds as part of their membership fee won’t be subject to the tax.

That means customers at Sun Tan City in Owensboro, Ky., will pay 10% more for a dose of ultraviolet rays. But if they go to Anytime Fitness 100 yards away, and tan inside one of its two beds, they’ll escape.

“My jaw dropped,” said Rick Kueber, founder and chief executive of Sun Tan City, a 124-outlet chain based in Elizabethtown, Ky. Then he got to thinking. “If I had six treadmills in each of my stores, can I call myself a health club?”

Can anyone explain this? Our best guess is that since health clubs force you to get you off your ass, while video stores put you back on them, they’re getting a break. That seems to be pretty advanced for Congress logic but we’ll assume that it’s in the ballpark.

But It’s really NBD for the committed to skin cancer crowd however, “[Fifteen-year-old Grace] McCleary and others who lounged last week in the notorious Land of the Tanned – see MTV’s Jersey Shore – said a few dollars tacked on wouldn’t deter them.”

Fortunately, the IRS has advice (as it always does) for those affected and our resident tax sage, Joe Kristan has the details. So, there’s no risk to the industry as a whole – thank god – just a little extra bureaucracy in the pot in the form of Form 720. Enjoy!

Federal Tan Tax Burns Some Badly but Keeps Everybody in the Dark [WSJ]
Tanning-bed enthusiasts say tax won’t deter them [Philadelphia Inquirer]

KPMG

Promotion Watch: KPMG Hands Out New Stripes Today

Caleb Newquist
July 1, 2010

A source reminded us that today is welcome to your new ~~personal hell~~ job day in the house that Klynveld built:

“Today is July 1st promotion day for KPMG…figured it can be a post item shoutout.”

So that’s exactly what we’re doing. Congrats to those of you enjoying a new title and feel free to pat yourself on the back below but don’t get all Sally Field on us. That’s just embarrassing.

As far as the promotion bonus is concerned…that may be another matter. But if the last three months of the fiscal year go well, who knows what can happen come fall?

UPDATE: We’ve been notified that there hasn’t been any word in at least one office (Southeast) on promotions which strikes us as strange but…HEY! anything is possible. If you’re in the dark, let us know or discuss.

Accounting News Roundup: Senate Will Get to Financial Overhaul Post-July 4; Google to Cover Extra Health Benefit Costs for Gay Couples; Barry Wins a Stevie | 07.01.10

Caleb Newquist
July 1, 2010

House Vote Sends Finance Overhaul to Senate [WSJ]
“The House agreed Wednesday to a sweeping rewrite of the nation’s financial regulations, moving the initiative one step closer to becoming law.

Focus now shifts to the Senate, where questions linger about whether Democrats have nailed down enough support from the handful of Republicans needed to overcome a likely filibuster. The Senate won’t take up the bill until after the July 4 recess, creating an awkward pause in which the bill’s opponents will have one last chance to derail it.”

Google to Add Pay to Cover a Tax for Same-Sex Benefits [NYT]
“On Thursday, Google is going to begin covering a cost that gay and lesbian employees must pay when their partners receive domestic partner health benefits, largely to compensate them for an extra tax that heterosexual married couples do not pay. The increase will be retroactive to the beginning of the year.

‘It’s a fairly cutting edge thing to do,’ said Todd A. Solomon, a partner in the employee benefits department of McDermott Will & Emery, a law firm in Chicago, and author of ‘Domestic Partner Benefits: An Employer’s Guide.’

Google is not the first company to make up for the extra tax. At least a few large employers already do. But benefits experts say Google’s move could inspire its Silicon Valley competitors to follow suit, because they compete for the same talent.”

Senate chairman starts probe of Transocean’s taxes [AP]
Senator Max Baucus (D-MT) would like to know whether Transocean’s move offshore was an exploitation of U.S. tax law, “The chairman of the Senate Finance Committee is launching an investigation into the tax practices of Transocean Ltd., owner of the Deepwater Horizon rig that exploded in the Gulf of Mexico, leading to the massive oil spill.”

Sadly, this will lead nowhere since exploitation ≠ illegal in this case. Deplorable? Yes. Tax malfeasance? No. Political pandering? Absolutely.

Deloitte CEO Barry Salzberg Wins Executive of the Year – Services at the 8th Annual American Business Awards [PR Newswire]
It’s a Stevie award! BS beat out Jeffrey Bezos, chairman, president and CEO, Amazon.com; Dominic Barton, managing director of McKinsey & Company; and Joseph Neubauer, chairman and CEO of ARAMARK for the Stevie.

In his own words, “I am very honored by this recognition, which truly is a testament to Deloitte’s progress and the industry-leading work of our more than 40,000 people in the United States. Although we have faced challenging economic times in the past few years, Deloitte’s diverse portfolio of quality services and investment in talent continue to drive our business and differentiate us in the marketplace. We are eager to approach the opportunities that await us and our clients in the economic upturn.”

GAAP and IFRS: Six Degrees of Separation [CFO]
That is, six major differences between the two sets of rules that will have to be ironed out. Namely: error correction, LIFO, reversal of impairments, PP&E valuation, component depreciation and development costs. After that, this convergence thing will be a breeze.

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