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A quick word of thanks to this week’s advertisers on Going Concern:
• Delta
If you’re interested in advertising on Going Concern, email us at advertising@breakingmedia.com.
Thanks!
After mixed reviews, it seems that no combination of nostalgic accounting fraud, raptors in Brooks Brothers and former President Charles Logan could save Enron the musical.
The play will close Sunday, May 9th after 22 previews and 15 regular performances despite Stephen Kunken’s portrayal of Andy Fastow was nominated for a Tony.
Maybe the producers completely misjudged the interest of theatre-goers on this side of the Atlantic. Enron was a huge success in Britain where accountants get red carpets and trophies.
In the States they get on look at porn, support terrorism (allegedly!) and create awkward videos. There’s a disparity there.
Enron on Broadway to Close Sunday, May 9TH, 2010 [Broadway’s Best Shows]
We interrupt your regularly scheduled dose of accounting and tax-related news and chicanery to request some information about you, dear readers, and any input you may have for this here website.
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Using a foundation to fuel your for-profit business is never nice, especially when there is an extensive collection of BDSM memorabilia involved.
New York’s Museum of Sex does not claim to be a non-profit but it has obtained over 1,000 items donated through its tax-exempt Muse Foundation for tax deductions. Well? You wouldn’t donate your old brushed-steel bondage machine to Goodwill for the deduction now would you?
Want to help by bequeathing your great-grandma’s old pasties? There’s a handy donation link on their website that explains this bizarre relationship between for-profit museum and non-profit foundation:
The Muse Foundation of New York is a fully registered private foundation affiliated with The Museum of Sex. Its mission is to work with The Museum of Sex to preserve and make available a comprehensive collection of materials relating to the history, evolution and cultural significance of human sexuality.
That’s awesome but does the Treasury realize taxpayers can get fat deductions for contributing to this effort?
Museum founder Daniel Gluck claims that his lawyers allowed this relationship (plenty of for-profit companies have non-profit foundations that share their name) and the Museum would love for its Foundation to be, erm, profitable enough to serve its stated goal of providing underwriting art grants but that plan just hasn’t quite worked out. Yet. After more than a decade of operation. “The Muse Foundation is completely its own separate entity,” he said. “We can’t take money from the foundation and we don’t plan to. We aim to build it up into a foundation whose interests are aligned with the museum.”
Gluck told the NYT that the museum earns 70% of its income from admissions fees – nearly $17 a pop – and the remainder by selling cute Sex Museum tchotchkes in the gift shop (perhaps your dog is sexually frustrated and desperately needs a modern and arty $650 toy to hump?)
Before you ask, no the $300 bunny bondage hood is not tax deductible. But hold onto it long enough and you might just be able to get one for donating it back to the museum if Treasury still hasn’t caught on to this unique foundation/corporation relationship.
Tax Break for Erotica? A Museum Favors It [NY Times]
Can Investors Rely on Overstock.com’s Reported Q1 2010 Numbers? [White Collar Fraud]
Sam Antar is skeptical (an understatement at best), that Overstock.com’s recently filed first quarter 10-Q is reliable and he starts off by citing their own words (his emphasis):
“As of March 31, 2010, we had not remediated the material weaknesses.”
Material weaknesses notwithstanding, Sam is a little con pany’s first quarter $3.72 million profit that, Sam writes, “was helped in large part by a $3.1 million reduction in its estimated allowance for returns or sales returns reserves when compared to Q1 2009.”
Furthermore, several one-time items helped the company swing from a net loss of nearly $4 million in Q1 of ’09, including nearly $2 million in extinguishment of debt and reduction in legal expenses due to a settlement. All this (and much more) gets Sam to conclude that OSTK’s Q1 earnings are “highly suspect.”
UBS Dividend in Next 2-3 Years ‘Symbolic’: CFO [CNBC]
UBS has fallen on hard times. The IRS, Bradley Birkenfeld, a Toblerone shortage and increased regulation and liquidity requirements have all made life for the Mother of Swiss Banks difficult and CFO John Ryan told CNBC that could hurt their ability to pay their usual robust dividend, “They (capital regulations) are essentially rigorous to the extent that it is unlikely we’ll be able to pay anything other than a very symbolic dividend over the next two or three years,” Cryan said.
While that is a bummer but a “symbolic” dividend is still an improvement over “we’ve recently been informed that the Internal Revenue Service and Justice Department will be demanding that we turn over the names of our U.S. clients.”
Effort to expand audits of Fed picks up steam in Senate [WaPo]
Going after the Fed makes for good political theatre (*ahem* Ron Paul) and rhetoric to fire up the torches of the populist masses. The “Audit the Fed” drum continues to be beaten by the likes of Rep. Paul (R-TX) and Senator Bernie Sanders (I-VT) to much success and Sanders is quoted in the Washington Post as saying “We’re going to get a vote.” Pols want to crack open the books at the Fed to find out what the ugliest of the ugly is inside our Central Bank.
Ben Bernanke isn’t hot on the idea because letting the GAO sniff around may expose the Fed to short-term political pressures. For once AG – not a fan of the Beard per se – sides with BSB. As she said last fall:
It’s right there in the footnotes – pulling out the closest Fed annual report I’ve got (Richmond Fed 2007), both Deloitte and PwC agree that the Fed is a special case in Note 3: Significant Accounting Policies:
“Accounting principles for entities with unique powers and responsibilities of the nation’s central bank have not been formulated by accounting standard-setting bodies.”
The note goes on to explain why government securities held by the Fed are presented at amortized cost instead of GAAP’s fair value presentation because “amortized cost more appropriately reflects the Bank’s securities holdings given the System’s unique responsibility to conduct monetary policy.” Right there, you can see why auditing this thing might be a problem.
This might be one of those “careful what you wish for” scenarios.
Why We’re Going to Keep Patching the AMT—And Why It Will Cost So Much [Tax Vox]
The Alternative Minimum Tax has been a unmitigated failure in the eyes of many tax wonks. Congress has been talking reform in this area for some time and yet, the AMT remains largely unchanged, relying on temporary fixes that could eventually turn into a disaster:
Last year, about 4 million households were hit by the tax, which requires unsuspecting taxpayers to redo their returns without the benefit of many common tax deductions and personal exemptions. That would jump to 28.5 million this year, except for what’s become an annual fix to the levy, which effectively holds the number of AMT victims steady.
Here’s what happens if Washington does not continue that “temporary” adjustment. If Obama gets his wish and extends nearly all of the Bush taxes, the number of households hit by the AMT would soar to more than 53 million by the end of the decade—nearly half of all taxpayers. AMT revenues—about $33 million last year—would triple this year and reach nearly $300 billion by 2020. That is a nearly 10-fold explosion in AMT revenues.
Howard Gleckman argues that the AMT is too big of a political threat to let members of Congress let this sneak by and that the patchwork will continue but that it probably shouldn’t, “The President can assume the AMT will be patched indefinitely, but assuming won’t pay the bills. Unless he is willing to raise other taxes or cut spending to pay for this AMT fix, he’ll have to borrow more than $1 trillion to kick the can down the road for the rest of this decade.”
“If Pennsylvania really had Syndrome’s technology to help it zero in on tax evaders and perhaps blow them off the face of the planet, why would they need an amnesty in the first place? You’d think they would just collect the tax or vaporize the deadbeats. It’s largely a bluff.”
~ Joe Kristan, on this.
If somebody is handing out free money, why would you ask questions?
Some favorite moments:
Homeless dude: “Here’s a stack of cash. It’s yours.”
Homeless dude: “Boom, it sounds good, so you’re going to jump on it.”
Tax worker: “Your return is $1,266.”
Homeless person: “How can that be?”
Tax worker: “Um, uh, for housekeeping.”
Homeless person: “This isn’t going to get me in trouble or anything?”
Tax worker: “Nuh uh (no), because it was cash, you know, you could have done housekeeping at your friends, family.”
Reporter: “You had no idea this was going on?
Dubious businessman: “No sir.”
Reporter: “And you expect us to believe that?”
Dubious businessman: “Yes.”
Reporter: “And you expect our viewers to believe that?
Dubious businessman: “Yes.”
Houston tax office filing bogus returns for homeless people to make big bucks [KHOU.com]
It appears that the offshore bank account crackdown tour is going straight through Asia, where DOJ senior tax attorney Kevin Downing gave a speech saying, “We expect over the next couple of years, in addition to the UBS cases, to have somewhere between 4,000 and 7,000 more cases coming to us with. These are from banks and governments cooperating.”
Obviously the UBS flogging was such a huge success that the DOJ/IRS figures they might as well keep a good thing going and is making a nice little swing through Asia to give them fair warning that they could be traipsing through their backyard very soon:
Singapore was one stop in a tour of Asian cities also including Hong Kong, Beijing and Shanghai by Downing and his U.S. Justice Department team. The tour featured meetings with financial and tax regulatory bodies and bankers discussing cross-border tax prosecutions.
He said that since the start of the U.S. crackdown on tax evasion, money has moved from the Caribbean to Switzerland and Asia.
Of course Mr Downing doesn’t want to get ugly saying, “he hoped the U.S. authorities would not have to conduct “UBS-style” probes,” but obviously that option is always on the table.
One of the complaints I oftentimes hear from my colleagues who begin the job search is, “I haven’t updated my resumé in (insert absurd amount of time here) years. I don’t have a clue where to begin.” Combine an outdated resumé with the fact that speaking highly of oneself without sounding pompous can be difficult at best, and it’s understandable why putting a resumé together is typically the biggest hurdle in committing to looking for a new job.
Today’s lesson in common sense – use what you’ve got. No, not those red pencils. I’m talking performance reviews.
For those of you who are KPMG Kampers, Down Towners and the GT shipmates, you should all have your performance reviews signed, sealed, and stamped with a rating. (Sources say that Uncle Ernie’s are ongoing; calls in to P. Dubs were met with a “We do not participate in surveys, sir.” So let us know where your processes stand). Here’s what you can do with your performance reviews when drafting a resumé:
Keep the technical – Remember how you’re constantly being reminded that you need to stay until making manager in order to develop your people skills? Or that rebuilding New Orleans makes you a well-rounded employee? No one cares. Okay, okay – people care, but these are not the skills that should dominate your resumé. Recruiters and their clients want to see technical marks. Talk about the FASBs you deal with; the financial products your banking client invests in; the material mistakes you uncovered. Anything soft skills related should be pushed towards the bottom of your bullet points.
Sell your resumé like you sell your peformance – It’s probably safe to assume that you spent more than 12 minutes on your performance reviews. For this reason and others, your performance reviews are a detailed, year-by-year, role-by-role account of your accomplishments. Scour through them next time you look at your resumé. Don’t be scared to brag on your resumé like you do in your reviews. If you’re not bragging, you’re selling yourself short. You have to be true to the work you’ve accomplished. With enough effort you’ll be able to understand where your strengths lie; working with your recruiter to understand how these experiences fit with target jobs is the next step.
Ask for feedback – The hardest thing to do is honestly capture your personality and experiences on a few pieces of paper. That said, no one knows you better than your peers. We all have former colleagues who have moved on to the private sector; seek their feedback. It’s one thing to have your significant other or a family member proofread your resumé (and you should seek this kind of advice), but unless your mother is a senior partner in the firm, there’s little feedback she can provide about the technical weight of your resumé. Seek the advice and critical eye of someone who worked with you. Most importantly, be open to criticism; it’s for your benefit.
After a sun-adverse family man tried to blow up the Viacom Building (and was close enough to E&Y to evacuate the area) and a former PwC Senior Manager was charged yesterday for supporting terrorism, now a taxi driver whose company serviced Deloitte in India has been arrested for attempting to set off a bomb in Hyderabad’s HITEC City:
Pakistan-based Lashkar-e-Taiba was planning bomb attacks on the HITEC City, a major IT township here, and the office of a multinational auditing firm.
Mohammad Zia Ul Haq, who was arrested yesterday following a tip off by the National Investigation Agency, was directed by his LeT handlers to bomb the Hyderabad office of Deloitte Touche Tohmatsu, one of the four largest auditors in the world, and was in the process of carrying out the plan, government sources said.
Interestingly, Haq works as a driver for a taxi service hired by Deloitte Touche Tohmatsu.
What kind a-holes do they have working at Deloitte in Hyderabad? Bad enough that this guy concluded that bombing a company that puts food in his mouth was an action that needed to be taken. Thankfully, they caught the guy.
Obviously the question now is, when does KPMG get its little terrorist related news?
LeT planning to attack Hyderabad’s HITEC City [Economic Times]
Peak6 Investments is looking for an experienced accountant to join their team in Chicago.
An ideal candidate will possess superior analytical and reconciliation skills, at least five years of experience in Big 4 accounting is required; CPA designation and previous payroll knowledge is a plus.
Company: Peak6 Investments, LP
Title: Senior Accountant
Location: Chicago, IL
Description: This position will require you to manage accounts of the general ledger within a specific business unit of PEAK6 for which you will be solely responsible in addition, serve as the main contact for all payroll related issues.
Responsibilities: Manage accounts of the General Ledger System; Post and reconcile journal entries; Process semi-monthly payroll for 400+ employees; Work with third parties to resolve payroll tax issues; Assist with the annual audit and be a point person for outside auditors; Drive complex reconciliations Communicate with business leaders within your given business unit; Understand and apply regulatory business rules to accounting procedures.
Qualifications/Skills: Bachelor degree in Accounting, Finance or related degree; Prior Broker Dealer or similar industry experience preferred; Minimum 5 years experience with automated accounting systems in a customer service, high volume, deadline driven production environment is required. Mastery of Generally Accepted Accounting Principles (GAAP) and have familiarity with SEC reporting rules. Creating journal entries and maintaining accounts within an Enterprise Resource Planning (ERP) system is required—Dynamics GP is preferred.
See the entire description over at the GC Career Center and visit the main page for all your job search needs.
This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.
As if it wasn’t a big enough risk already, CFOs may have to brace themselves for more private litigation over accounting fraud if a court decision on April 21 involving failed telecom equipment maker REMEC serves as precedent. The good news is that plaintiffs will have to show evidence of the executives’ intent in such cases.
Most cases involving accounting are either dismissed because they involve judgment or are settled before they go to trial, Robert Brownlie, a partner in the law firm of DLA Piper who represented the defendants in the REMEC case, told CFOZone last Thursday. The Del Mar, Calif., company filed for bankruptcy in 2005.
One of the largest such cases involved former Lucent executives, whom shareholders charged had defrauded them through improper accounting for goodwill. In that case, shareholders agreed in 2003 to accept a $600 million settlement.
In contrast to the Lucent case, the one filed by shareholders against REMEC’s former CEO, Ronald Ragland, and former CFO, Winston Hickman, was dismissed, though it also rested on charges that they misled investors because they didn’t write off goodwill that was impaired.
But the dismissal was more difficult to achieve than it would otherwise have been, said Brownlie, because the plaintiffs submitted evidence of internal reports and testimony showing that the company was behind schedule on certain objectives and not meeting its internal forecasts. The court said that those reports created a factual issue that should be determined by a jury; the defendants had to show there was no evidence of intent to deceive on the part of management.
“Normally, with matters of opinion or judgment, you either can’t bring a suit or it’s very difficult to do so,” Brownlie said. But he warned that the decision could mean more cases against corporate executives over accounting fraud.
The court dismissed the charges even though the plaintiffs’ accounting experts testified that they would have reached different conclusions than the former executives did.
Brownlie added that his case was helped by evidence of good faith conduct by the defendants, including evidence of transparency between the company and its auditors, disclosures of disappointing results and write-offs of other accounting items during the period of the alleged fraud and the absence of stock sales.
Describing the outcome for CFOs as “both good and bad news,” Brownlie said the decision showed that the critical issue in such cases will be “a connection between claims and evidence.” And he cautioned that in other accounting cases, it’s likely to be harder to defend executives on the basis of intent, which is why he said “there’s a paradox” in the REMEC decision.