Going Concern

News

This Man Hates Taxes More Than He Loves His Family

Caleb Newquist
February 9, 2010

Well, he doesn’t come right out and say that but actions speak louder than words, amiright?

This is Guy Hands, Founder, Chairman and Chief Investment Officer of Terra Firma a private equity firm with locations in London, Frankfurt, and Guernsey where he currently resides.

He moved there last April from Kent, a county in Southeast England, to “protest at higher income and capital gains tax rates,” and that “he has ‘never visited’ his school age children since he left the [the United Kingdom]. They have remained with his wife at their former family home in Kent and they now have to travel to Guernsey to see him.”

Guy “Father Knows Best” Hands also doesn’t visit his parents any more “and would not do so except in an emergency,” so he’s not much of a son either.

The devoted family man is an “‘outspoken’ critic of UK tax levels,” so this level of commitment to avoid paying taxes shouldn’t be a surprise. Non-resident tax status is at stake here; he won’t set foot in a UK airport even to transfer.

GH’s shrewd sensibilities were revealed in court papers last week as the venue for his dispute with Citigroup over Terra Firma’s purchase of music group EMI is being decided. If the proceedings are moved to London, Hands’ tax planning could be completely thwarted and — gasp — he might see his children in the UK (if time permits of course).

I save tax by never visiting my family, says tycoon Guy Hands [Guardian]

Ex-Ernst & Young Partner Sentenced to One Year and a Day for Securities Fraud

Caleb Newquist
February 9, 2010

James Gansman, a former E&Y partner in transaction services, was sentenced to one year and one day in jail on Monday after being convicted on six counts of securities fraud last year.

Gansman had provided his mistress, Donna Murdoch, with tips on mergers that Ernst & Young were advising which she subsequently traded on. Despite the help, Murdoch needed more money and she began an affair with another man who used the tips to make trades.

To add insult to injury, Murdoch ultimately cooperated with investigators and testified against Gansman. She is still awaiting sentencing after pleading guilty to fifteen charges of securities fraud, obstruction of justice, and making false statements.

Beside making bad relationship choices, Gansman’s hot tips were in violation of E&Y’s “written policies and the duty of trust owed to the firm’s clients.” That extra day in prison should give him just enough time to study better decision making.

Ex-Ernst & Young Partner Gansman Sentenced To 1 Year, Day In Prison [WSJ]

News

Five Things That Make Busy Season Suck

Caleb Newquist
February 9, 2010

Here it is the second week of February and we’re concerned that many of you are working too hard. We’re guessing that many of you are already having nightmares about your senior/manager/partner putting condiments all over your work and then eating them while you watch in horror.

However your busy season is going, we here at GC decided to put our heads together to give you a list of some of the things about busy season that make it such a bitch; not to remind you of them but to let you know that we feel your pain. These appear in no particular order and were created by our own sick minds so if anything is missing you’ll have to point out the omissions.

• Gaining weight – Unless you’re a die-hard gym rat, your exercise regiment has probably been paired back significantly. Combine that with the all the cheap soda and takeout you’re eating on a nightly basis, that button on your pants is hanging on for dear life.

• Losing sleep – As we mentioned, work dreams seem to be part of many accountant’s busy season routine. Maybe it isn’t dreams for you; maybe you just wake up at 3 am thinking about the meeting you have coming up that day and you can’t get back to sleep so you throw on the business casual uniform and get to the office at 4 am to start your day. OR maybe you’re just working so many hours that the time between your departure and arrival times at work have shortened precipitously.

• Your busy season plan has been completely shot to hell – There’s a some saying about a road, intentions and Hell or something that we can’t remember but it basically means however good your plans were they probably hit a snag somewhere along the way and now you’re scrambling. When we asked our Tweeps about their busy seasons we got one response “it’s all about planning and execution.” Right. That execution is the tricky part.

• You’ve somehow ended up in an unexpected relationship – The busy season bitch if you will. Let’s not pretend it’s not happening people. One of you made an awkward advance and now you’ve got a situation on your hands. Whether it’s someone on your team or a client contact, more often than not, this ends badly. A band aid breakup is needed.

• Hours – Face it; this is the cause of all your pain. Regardless of what your teams do to make things bearable, the hours are just a bitch. Sitting on your ass, in front of that computer, listening to the person next to attempting to burp quietly while sucking down five sodas a day is about to drive you postal. Of course there are the sickos out there that somehow gear up every day to put in another 14 hours but those demented bastards plug in when they go home.

Career Center

Job of the Day: Morgan Stanley Needs a Stock Option Guru

GoingConcern
February 8, 2010

With all the outrage around big bonuses more executives (read: Jamie, Lloyd) will be getting larger portions of their payouts in the form of equity. This is good news for those of you that can’t get enough of FAS 123(R) or Topic blah blah blah in the codification.

Morgan Stanley is looking for an associate or senior associate to join their financial controllers group that will specialize in compensation reporting, preferably a CPA or CPA candidate with proficiency in equity-based compensation plans.

Get the details after the jump.

Company: Morgan Stanley

Title: Associate/Sr Associate – Financial Controllers (Compensation Accounting)

Location: New York, NY

Experience: 2 – 5 years

Description: Compensation Accounting Team within HR Controllers is seeking to fill a newly created position at the Associate or Sr. Associate level. This position will be responsible for functions related to compensation reporting and will work on the accounting related to the firm’s equity-based compensation plans.

Responsibilities: Managing the reporting of actual and estimated earnings per share information for external reporting purposes and monthly forecasting to senior management; Monthly, quarterly and year-end financial close activities: general ledger maintenance, journal entries and account reconciliations; Booking amortization for stock-based compensation performance awards and cash-settled equity awards; Maintaining a strong control environment and audit documentation over various share reporting & earnings per share related areas; Improving the reporting and analytics related to equity-based compensation plans.

Skills: B.A./B.S. Accounting or Finance; CPA or CPA-candidate preferred; approximately two to five years related work experience in financial accounting and/or financial reporting preferred; financial services industry and stock-based compensation experience preferred; proficiency in technical accounting research skills related to earnings per share and stock-based compensation preferred (e.g., FAS 128, FAS 123R, ASC 718, ASC 260).

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

News
Tax

Reminder: Your Super Bowl Gambling Winnings Are Taxable

Caleb Newquist
February 8, 2010

So it’s the Monday after the Super Bowl and most of you are suffering from some kind of hangover. Whether it was caused by food, booze or you’re simply wallowing in a lack of a Peyton Manning comeback, this day should really be a national holiday (even non-football fans can agree on that notion).

Melancholy, indigestion and cocktail flues aside, the other certainty that comes with the SB is gambling. And we’re not talking friendly-poker-game gambling, we’re talking recklessly wagering on every single aspect of the biggest spectacle in sports gambling.

Two of the most creative wagers we’ve seen so far was the betting on rating for the Focus on the Family (featuring Tim Tebow and Mamma Tebow!) ad and the betting the spread between Kim Kardashian’s measurements and Reggie Bush’s rushing and receiving production. Both of which are completely ridiculous, yet sheer genius.

Regardless of where you put your money yesterday (we took the overs on Archie Manning appearances and lost), there are plenty of big winners from yesterday’s game. And now that we have a government who is feverishly trying to close a deficit gap, the question remains: will the IRS more aggressively pursue taxpayers for their unreported gambling winnings?

If you’re a degenerate loser than this obviously doesn’t apply to you but if you’re lucky enough to find some extra scratch in your pocket, you’re legally obligated to report that income next year.

Our government is looking for solutions anywhere possible, so it’s entirely possible that you could find yourself on the wrong end of an IRS-issued shotgun if you’re leaving your winnings off next year’s 1040. Look, it’s not that crazy and the pols need all the ideas they can get. You’ve been warned.

News

Is Tim Geithner a Closet IFRS Supporter?

Adrienne Gonzalez
February 8, 2010

Tim Geithner has inadvertently given his endorsement to standardized financial regulation around the globe, so is he also giving the adoption of IFRS in the US his approval?

Possibly, since he told ABC that “he wasn’t worried that tighter financial regulation would put U.S. banks at an international disadvantage. ‘I’m very confident we can make sure that we are working very closely to raise global standards around the world so we have a level playing field,’ Geithner said.” His motivations are only slightly suspect. Why?

Under IFRS, assets are overstated as derivatives are measured in gross exposure, as opposed to GAAP which concerns itself with net value. More magic financial reporting; of course Geithner would want to see banks magically healed by a change in accounting. If we’re going to do it, let’s also restate years 1999 – 2009 so we can compare at least.

Incredible what a slight adjustment can do (See also: page 19 of the Deutsche Bank report “Financial Transparency” – bwhahaha).

Speaking to the G7 finance ministers in Iqaluit, Canada this weekend, Geithner reiterated his commitment to globalization, accounting magic, and the heavy hand of regulation.

“We all share a deep commitment to try to move forward and reach agreement on a strong, comprehensive set of financial reforms on the timetable we all committed to last September,” he said at a closing press conference following a meeting of Group of Seven finance chiefs.

“That means agreement on … a new set of capital requirements for large global institutions by the end of this year,” he added, playing down the possibility that the Obama administration might be headed in a different direction from other governments.

TG is talking about pacts made with winners like Japan’s Shoichi Nakagawa, who blamed his “drunken behavior” on cold medicine. Sort of like Beavis blaming his tax problems on TurboTax.

Timmy is also somehow convinced that the United States will never lose its AAA rating but he forgets that the MBSs that the Fed is buying were also AAA once upon a time too. He also seems to have forgotten about our massive deficit.

At least he remembered to push the globalization agenda he’s been blabbering about all this time.

(UPDATE) RSM McGladrey, McGladrey & Pullen Officially Reconcile

Caleb Newquist
February 8, 2010

– Update includes response from RSM McGladrey spokesperson

Well, it’s official. RSM McGladrey and McGladrey & Pullen are back together, having signed a new definitive agreement and putting the brief fallout behind them.

In a statement released by RSM McGladrey on Friday, both firms made good on their promise to kiss and make up after announcing there intentions to do so in December.

Both RSM President C.E. Andrews and M&P Managing Partner Dave Scudder are putting this whole misunderstanding behind them.

“With the completion of these agreements, our focus is on moving forward and building the success of our respective firms by enhancing client service and accelerating growth,” said C.E. Andrews, president of RSM McGladrey, a wholly-owned subsidiary of H&R Block. “We have a clear opportunity to enhance our competitive position by taking the collaboration between our firms to a new level.”

“We now have the framework to build on our heritage of delivering the highest quality services to all our clients, while providing growth opportunities for our people and ensuring the independence of M&P,” said Dave Scudder, managing partner of McGladrey & Pullen. “We look forward to increased collaboration with RSM McGladrey and the renewed sense of enthusiasm and commitment that both firms have brought to this process.”

In spite of the boilerplate statements, it’s not entirely clear if the new agreement between the two firms puts each of them back in the same position prior to the breakup. An RSM spokesperson did not immediately return our email seeking comment on these details. A RSM spokesperson returned our email and informed us that the new agreement is the same as the old arrangement and it is effective for five years, at that time it will automatically renew for additional five years. H&R Block, RSM McGladrey’s parent company, will be filing an 8-K this week with the SEC that will include the signed agreement.

Additionally, some developments that we ponder for personal amusement: will the recombined forces of the two firms be enough to break the absence from the Fortune 100 List? Will M&P will reap any benefits from the Natalie Gulbis ad campaign bonanza? We’ll stay on these…

At the end of the day, we’re sure everyone at both firms is pleased that the issue is resolved for the rest of busy season. Who knows, maybe it was just a distraction for partners but at least you won’t be getting any more emails about it.

Accounting News Roundup: PCAOB Inspections Fall Behind in Europe, China; Schwarzenegger Cleared of Tax Lien; Private Equity Faces Tax on Carried Interest | 02.08.10

Caleb Newquist
February 8, 2010

• European Union, China Resist PCAOB Audit Inspections [Compliance Week]
PCAOB inspectors have had a helluva time getting access to the necessary information they need in Europe and China and it has caused the international inspections to fall way behind. Because they wanted to be upfront about it, the Board issued a list of the firms that should have had inspections performed in the past four years.

The majority of the firms on the list are international affiliates of the Big 4 and many of the remainder are affiliates of second-tier firms like Grant Thornton and BDO. The PCAOB didn’t give any particular reason that it was being stonewalled in its press release last week, just that “information necessary to conduct inspections was, and continues to be, denied”.

• IRS clears Schwarzenegger of $80,000 tax lien [AP via Mercury News]
As he promised, Arnie has been cleared of the $80k tax lien that was issued to him last November.

At the time, it was claimed that it was a “paperwork snafu” which looks to have been more or less correct as “[Scharzenegger] was not notified until late last year because the IRS had sent mail to his home instead of his office. Due to security precautions, the governor does not receive mail at his home.” For the trouble Ah-nuld has to pay $20.50 of administrative fees which might get the IRS an extra box of shotgun shells.

• Private equity firms brace for tax battle [Reuters]
Private equity firms have a tendency to be easy targets for a federal government that is looking to increase tax revenues. Following that idea, last week’s budget rollout proposes taxing carried interest at the ordinary rate of 35% that would raise $24 billion over the next ten years. As you might expect this is not a popular idea:

while high-profile buyout firms may seem an easy target, the question is a controversial one. Critics argue that raising the taxes paid by the private equity industry will also hit small partnerships and venture capital, and may not even raise as much revenue as governments hope.

$2.4 billion a year for 10 years doesn’t seem to be all that much in federal government dollars and we’re not sure the government will spend it better than the private equity but it serves is an easy target for politicians pandering during their election year “look how I’m taking on the greedy” speeches.

News

Five Questions with Joe Kristan

Caleb Newquist
February 7, 2010

Joe Kristan is the newest regular contributor to Going Concern but he’s been blogging on his own since 2001. For some of you, this predates your own lover affair with the American tax system.

Joe is a shareholder of Roth & Company, P.C. and also serves as the firm’s technical director. He works with a variety of clients on partnership issues, corporate restructurings, and acquisitions.

Between his professional responsibilities and discussing tax deductible sex change expenses and charities founded by pederasts, Joe also manages to find time to teach classes to other tax professionals and write articles for both professional and general publications.

Why do you blog?
Because I can’t golf or play an instrument.

If someone had to read just one post of yours which one would it be?
“Local CPA Firm vows to swallow pride, accept $28 million“

If you’re an accounting blogger you must…
…have understanding or clueless partners

Accountants are…
…people too.

Best Accounting firm we’ve never heard of
Roth Company, P.C. of course! It’s where I work, for starters. Also, we look a lot like a law firm, with 9 shareholders in a staff of about 35, with the non-shareholders weighted towards the highly-experienced. I think it’s a business model suited for an era of difficult tax and accounting rules and advancing technology.

News

Capitalizing on the Idea that “Accounting Is Boring”

Caleb Newquist
February 7, 2010

Mucho apologies for the downtime yesterday; seems that our servers also took a snow day. Accordingly, we’ll dispense a little bit of weekend wisdom (?) to make up for it.

We all know that 99.9% of the Internet is useful and informative. Dancing hamsters, celebrity gossip and an infinite amount of porn are all crucial to the infrastructure. So when we came across a website that’s sole purpose is to accumulate all the Tweets that state that accounting is boring, we thought, “this has got to be the most worthless and dishonest website that has ever been created.”

There are currently 85 pages of tweets that state this falsehood:

It’s shocking and disappointing that there is an army of people out there that think accounting is so dull. We that appreciate the beauty and importance of double-entry bookkeeping know that they are misguided. On the other hand, there is a saying about trends or something that basically solidifies it as truth but it escapes us at the moment.

Then we noticed the note at the top of the page that states that accounting doesn’t have to be boring. Having been duped into thinking that this was a joke at the expense of lover of accounting everywhere, we decided to investigate as to who was behind this little ploy. Turns out the creator of the site is ClearBooks, an “online accounting system for small businesses,” founded by a former KPMGer, Tim Fouracre and Fubra Limited.

As far as we can tell, ClearBooks is basically QuickBooks using cloud computing and this little tactic to introduce us to it is nothing short of genius. Exploiting the boring nature of accounting is exactly what everyone in the business should be doing whether it’s a firm or accounting software.

The serious approach has been tried and frankly it doesn’t float our boat. We realize are view is like asking a manager to downgrade their workspace or rocking flip-flops at the office but we are, nevertheless, encouraged by this development.

News

Quote of the Day: Ken Lewis Didn’t Like My Ideas, Okay? | 02.05.10

Caleb Newquist
February 6, 2010

“If former top executives at Bank of America committed the fraud outlined in Attorney General Cuomo’s suit, those executives must be held accountable not only to the people of New York, but also to the people of Florida.”

~ Alex Sink, CFO of Florida weighing in on the NYAG’s suit against her former boss, Ken Lewis.

News

Disappointing Accounting Firm Trend: Managers Sitting in Cubicles

Caleb Newquist
February 6, 2010

Sorry for the downtime today, we’ll make it up to you over the weekend. Promise.

It’s no secret that staff professionals working in public accounting are urged to “stay until manager” for all kinds of substantive reasons that we won’t get into here.

The attraction of being promoted to manager has many superficial benefits including being called a “manager”, having “manager” on your business cards, and getting an office rather than slumming in the cube farm.

With the reconfiguration of some offices however, your dream of getting an office with a door and possibly a window may be dashed as more and more managers, senior managers, and — GASP — even some directors are living life in the grey squares.

Now while this development is most certainly a direct slap in the face of everything public accounting represents, our understanding is that it is not spreading around like H1N1. It depends on the city you’re in, your practice, and possibly your coolness factor.

But if you are in one of the unlucky few in could be much, much worse if more firms follow the lead of E&Y Jericho and go the no-décor-will-be-allowed route (God help you if they lock the bathrooms too). How will these managers be able to appropriately express themselves? Oh! And how on Earth is a manager supposed to get some action during busy season? Cubicle sex is not happening. Christ, how will they live?

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