Tag: Nonprofits

Accounting News Roundup: Doubt Over Taxes Reaching Fever Pitch; E&Y to Hire 6k Off Campus in FY11; Honest Answers on Tax Policy in an Election Year | 09.24.10

‘Consumers Are Paralyzed’ Over Tax Doubt [WSJ]
“Congress halted plans to pass a major tax bill before the November elections, leaving taxpayers and financial advisers unsure of how to plan for the future.

One of three scenarios face Congress when it returns from the election recess: It will extend all of the Bush tax cuts of 2001, which expire this year; it will hammer out a new law, perhaps using some of President Barack Obama’s budget proposals; or lawmakers will let the cuts expire, which would mean higher rates for all taxpayers.

Meantime, ‘consumers are paralyzed,’ said Dean Barber, a planner who heads the Barber Financial Group near Kansas City. ‘They have money to spend but they aren’t going to until they know where the tax burden will lie next year.’

The problem extends to business as well. ‘There are 29 million private businesses in this country, and they interact with our members,’ said Barry Melancon, head of the American Institute of Certified Public Accountants. ‘Universally we are hearing that businesses are paralyzed by lack of capital and uncertainty over taxes.’ “

SEC Hiring for Multiple Offices [FINS]
“The SEC is hiring qualified talent for both its Division of Enforcement and its Office of Compliance Inspections and Examinations (OCIE). The agency is looking for candidates with experience in risk management, operations and accounting and other specialties.

In testimony given yesterday at a Senate Banking Committee hearing, Robert Khuzami, director of the Division of Enforcement and Carlo di Florio, director of OCIE, spoke to their respective units’ hiring needs.”

Ernst & Young Previews New Campus Recruitment and Social Media Strategies [PR Newswire]
E&Y is hiring 6,000 campus recruits – both interns and new associates – this fiscal year. That’s an increase over last year’s numbers (although the press release doesn’t say by how much). The firm also states that 60% of its workforce will be Gen Y by the end of 2011.


Tax Policy in an Election Year [Tax Updated Blog]
Joe Kristan answers questions that politicians won’t.

Comtech Telecommunications Does the Right Thing by Fixing Errors in Latest Report [White Collar Fraud]
Sam is sending an autographed “WANTED” poster of his cousin “Crazy” Eddie as an “attaboy” for Comtech CEO Fred Kornberg for “[taking] the high road and corrected its errors without attacking a critic.” That “critic” being Sam, who reported on Comtech’s erroneous EBITDA calculation last July.

Whether this type of nostalgic temptation works for the other company execs that are on Sam’s radar remains to be seen.

Pastors to challenge IRS by endorsing candidates [AP]
One hundred men and women of the cloth will be endorsing political candidates from their pulpits this Sunday. If the IRS is doing its job, agents should be kicking down doors at many of God’s homes on Monday.

Anti-BCS Group Sics IRS on Bowl Games Over Tax-Exempt Status

If you’re a college football fan, the debate over the Bowl Championship Series is something that has been rehashed every year since it came into existence. As we see it, there are three camps to this situation:

1) Those that hate the BCS with every fiber of their being and would sacrifice a family member (not always a hard choice, we realize) to have a playoff system.

2) Those that are fairly indifferent, which includes significant others that only pay attention because their gridiron-crazed other half can’t stop talking about it – “Nothing you can do about it, so just leave it alone.”

3) Those that support the BCS system because it makes them filthy rich.

But who knew that there was political action committee whose sole purpose for existing was bringing this controversial enigma to its knees? As you might expect, their pursuit has been all for naught but now they are feeling more confident because they are pursuing the BCS in a way that has proven historically successful: tax-related charges:

Playoff PAC, a political action committee that wants the bowls replaced with a championship playoff system, plans to file a complaint with the Internal Revenue Service on Thursday against the operators of the Fiesta, Sugar and Orange Bowls, three of the five games that constitute the Bowl Championship Series (the others are the Rose Bowl and the BCS title game). The Associated Press obtained a copy of the complaint prior to its filing.

A team of six lawyers and one accountant, working for no compensation, reviewed 2,300 pages of tax returns and public documents associated with all four bowls, said Playoff PAC co-founder Matthew Sanderson. The Pasadena, Calif.-based Rose Bowl was found to be “fairly free of these irregularities,” Sanderson said.

Think about it. A seemingly invincible opponent – Al Capone, UBS, you get the pic – has to have a chink in its armor somewhere. With this in mind, the Playoff PAC figured that finding a violation of the mind-numbing U.S. tax law was the best way to slay the BCS beast.

Playoff PAC is citing ‘extravagant’ salaries for the Sugar and Fiesta Bowl CEOs ($645k and $600k respectively) compared to the salaries of the Rose and Orange Bowls ($280k and $360k) as well as zero-interest loans that were provided to Fiesta Bowl executives. Playoff PAC is also poking around perks – the usual: golf, entertainment – provided to Bowl execs and possible extensive lobbying by the Fiesta Bowl and contributions to J.D. Hayworth, who ran and lost against Senator John McCain in the GOP primary.

Naturally, the Bowl people say this is all old worn-out nonsense from a bunch of haters. They comply with all laws, yada, yada, yada.

The problem, as the AP article points out, is that even if the Bowls are throwing around their donations all willy nilly, that doesn’t mean the IRS will revoke their tax-exempt status nor is it likely to get the playoff system in place that virtually everyone wants.

Using the tax law to break the iron grip that the BCS overlords have on the sport may be the right approach but Playoff PAC is going to need a much more convincing case then some exorbitant salaries, a few rounds of golf and big catering spreads. “IT’S DIVISION ONE FOOTBALL!” after all; it’s not for amateurs (except for the players, of course).

AP Exclusive: Tax status of bowl games challenged [AP]

Who Would’ve Guessed Al Sharpton Knew Nothing About Accounting?

Presumably everyone but if you guessed that the Rev had the good sense to hire a crack-squad of debit & credit mavens to keep everything at National Action Network tip-top, you’d be sorely mistaken.

An accounting firm hired by Al Sharpton’s National Action Network found the civil-rights group in such financial disarray that it flunked its record-keeping — and may not even survive, The Post has learned.

The scathing critique was spelled out in a hard-hitting internal audit of NAN’s books, a copy of which was obtained by The Post.

“The organization has suffered recurring decreases in net assets — and has been dependent upon advances from related parties and the nonpayment of payroll tax obligations — to maintain continuity,” the firm KBL concluded in an April 2 audit of NAN’s 2008 financial records, the most recent available.

The audit, which was submitted to NAN’s board of directors, warned, “These circumstances create substantial doubt about the organization’s ability to continue.”

KBL said it was “unable to form an opinion” on the accuracy of NAN’s financial figures “because of inadequacies in the organization’s accounting records.”

Audit finds Sharpton’s nonprofit on brink [NYP]

The IRS-Free, Islam-Free America Movement Gets a Boost

There are two things that really stick in the craw of many Americans: 1) The freedom-hating IRS and 2) Muslims thinking that they can build mosques in this country wherever they want.

Well now, according to a report issued by The Investigative Project on Terrorism (“IPT”) there is reason to lump the two together because a report now shows that Imam Feisal Abdul Rauf – the leader of the Islamic Community Center planned two blocks away from Ground Zero – obtained a ‘sketchy tax break‘ for a religious group he founded.

The IPT investigation found that “Feisal Abdul Rauf filed for ‘church’ status to the IRS for his newly formed Islamic group in 1998 and listed an apartment building where he claimed in the federal application that 400-500 people worshiped there.”


More alleged chicanery detailed in the IPT press release:

[A] review of the building and real estate records indicates there is nowhere in the building to house that many congregants. ASMA lists its office address as 201 W. 85th St., Apt. 10E on the federal tax form, while it cites only the building address as its location for prayer services.

In the article, IPT also shows:

• Rauf’s American Society for Muslims Advancement listed its office as the apartment of Rauf’s wife, Daisy Khan.

• Khan was listed as an ASMA director living at 201 W. 85th St., Apt. 10E, in the group’s 1997 incorporation papers filed with the state of New York. A year later, the group’s IRS filing does not list Khan as a director but instead gives her home address as ASMA’s address.

• ASMA told the IRS in 1998 that it planned to build a prayer center that would hold up to 1,000 worshipers at a time. That was never built.

• Although ASMA has tax-exempt church status, its website shows it has no permanent prayer site and the group no longer touts religious services as part of its mission.

The Post – likely acting on orders from the News Corp. overlords – inflames things bit further (citing IPT’s report) pointing out all the benefits that the ASMA enjoyed as a result of the exemption:

“Church status” is more than just an exemption — it means never having to pay taxes, file returns or reveal the sources of a congregation’s money or how it’s spent, according to the Washington-based Investigative Project on Terrorism, which discovered the group’s startling claims on the IRS form it filed seeking the special status.

On that form, the organization said it held services at 201 W. 85th St.

That’s a 17-story apartment building with no public space big enough to accommodate the 450 to 500 worshippers the group claimed regularly showed up five times a day to pray.

So now that the IRS has been twisted (albeit marginally) into the Burlington Coat Factory Mosque controversy, opponents of one or both will likely be reenergized for their holiday weekend protesting plans. Although, since the IRS has already been accused of anti-Israel it should make things slightly more interesting.

IPT Investigation Uncovers Problems in Mosque Leader’s IRS Status [PR Newswire]
Sketchy tax break for GZ imam ‘prayer pad’ [NYP]

The Last Thing the IRS Needed Was a Lawsuit Alleging Discrimination Against Israel

But that’s exactly what they got! The pro-Israel nonprofit Z Street filed suit against IRS Commish Doug Shulman because Z Street and other “pro-Israel groups whose policies conflict with that of the [Obama] administration,” are getting the stinkeye from the IRS.


From Zulu Avenue’s complaint:

The case is brought because, through its corporate counsel, Z STREET was informed explicitly by an IRS Agent on July 19, 2010, that approval of Z STREET’s application for tax-exempt status has been at least delayed, and may be denied because of a special IRS policy in place regarding organizations in any way connected with Israel, and further that the applications of many such Israel-related organizations have been assigned to “a special unit in the D.C. office to determine whether the organization’s activities contradict the Administration’s public policies.” These statements by an IRS official that the IRS maintains special policies (hereinafter the “Israel Special Policy”) governing applications for tax-exempt status by organizations which deal with Israel, and which requires particularly intense scrutiny of such applications and an enhanced risk of denial if made by organizations which espouse or support positions inconsistent with the Obama administration’s Israel policies, constitute an explicit admission of the crudest form of viewpoint discrimination, and one which is both totally un-American and flatly unconstitutional under the First Amendment.

Pro-Israel group claims IRS persecution [Politico]

Accounting News Roundup: EisnerAmper Partner: GM Balance Sheet ‘Stronger’ Ahead of IPO; KPMG Moves on From New Century, Countrywide; No Bookie Needed for Betting on Grades | 08.19.10

GM’s balance sheet draws praise ahead of IPO [MarketWatch]
“Peter Bible, partner-in-charge at accounting firm EisnerAmper LLP, said General Motors is now carrying a much stronger balance sheet than its predecessor, based on the company’s initial public offering filed late Wednesday. ‘Their debt-to-equity ratio looks handsome,’ Bible said in an interview. ‘This thing has gotten restructured quite a bit. GM’s health care liabilities have fallen significantly. As I look at the balance sheet, it is much healthier.’ “

Move to converge just exported crisis [Re: The Auditors]
KPMG has put two major lawsuits behind them – Countrywide and New Century. One major difference between these two cases was that New Century had a bankruptcy examiner’s report while Countrywide did not.


Judge Denies Online Religious Group’s Bid for Church Status [WSJ]
A virtual “church” gets denied the whole “church” thing.

For the rich, ’tis better to give than wait [Reuters]
“With U.S. taxes almost guaranteed to rise next year, the rich have a rare opportunity to distribute some wealth and preserve their fortunes.

A weak economy has led to razor-thin interest rates and beaten-down valuations, which make giving less costly for and potentially more rewarding to heirs. Moreover, the U.S. government is widely expected to rein in a popular tax-avoidance scheme.

‘This is a golden era for shifting estates and giving assets away,’ said Bill Fleming, a financial planner for PricewaterhouseCoopers in Hartford, Connecticut. ‘If you have an estate plan, keep going: Uncle Sam soon will be back in your pocket.’ “

Wager 101: Students Bet on Their Grades [WSJ]
“The website attracted wagers by 600 students from two colleges last year, said Mr. Gelbart and co-founder Steven Wolf, graduates of Queens College. This month, the site expanded to let students on 36 campuses—including Harvard, Stanford and Brigham Young University—place bets. More than 1,000 new bettors have signed on.

Lisa Lapin, a Stanford University spokeswoman, said school officials were ‘appalled’ when they learned Stanford students could place bets on their grades, adding, ‘the concept of betting on academic performance is contrary to academic development.’

Lance Miller, a finance major at the University of Pennsylvania, says the criticism misses the mark. Mr. Miller, with a GPA of 3.6, won about $80 on two $40 bets that he would earn A’s in business courses.

‘We’re acing classes to make money—isn’t that what they call a win-win?’ said Mr. Miller, 20.”

Facebook’s Places Feature Lets Users Share Their Whereabouts With Friends [Bloomberg]
“Services that help Web users share their whereabouts and find nearby friends could generate as much as $4.1 billion in annual ad sales by 2015, according to Borrell Associates. The features can help marketers more easily target customers — say, by reaching shoppers when they’re close to making a purchase.”

Grant Thornton Picks Up Four Tax-Exempt Experts from WTAS

We’ve confirmed that Grant Thornton has poached four tax-exempt experts from WTAS, LLC. Presumably beefing up their NFP practice is part of the experienceAugust that Stephen Chipman told the GT troops about last week. Grant Thornton employees received an email last night about the news:

“In line with the strategic plan of our firm and in support of our growing not-for-profit industry practice we are pleased to announce that four experienced tax professionals, formerly of WTAS LLC, have joined our Firm. Frank Giardini, who lead WTAS’ National Exempt Tax Advisory Services Practice (ETAS) as well as Ron Taxin, ETAS Director, Russlee Armstrong, ETAS Director and Andrea Kyzyma, ETAS Manager recently joined us. These individuals bring over 70 years of combined experience in providing tax services to significant non- profit organizations, especially in the higher education and healthcare industries. They have served the tax needs of many large public charities and private foundations. Frank and his group are based out in our Philadelphia office, but will serve clients in both the Northeast and Southeast regions. This group will also play a key role assisting our national NFP tax leader, Dan Romano, in serving GT’s national clients as well as supporting the NFP tax professionals throughout the firm.

A source familiar with WTAS, confirmed these departures, saying that they occurred earlier this summer and thought the move was “a good opportunity for them.” Emails and morse code messages sent to Grant Thornton have not been returned.

Accounting News Roundup: Hurd Surprised HP with PR Move; Whistleblowers Should Avoid…; Rangel Won’t Have This Resignation Talk | 08.11.10

H-P Board Surprised Hurd Didn’t Go Quietly [WSJ]
H-P’s directors ‘hoped he would move on,’ said one person familiar with the situation, adding that the board prefers to focus on ‘protecting the brand and taking the higher ground.’

Mr. Hurd resigned Friday over ethics violations related to his relationship with a former H-P marketing contractor, Jodie Fisher. His exit was immediately followed by hard-hitting comments from H-P executives and a board member. Mr. Hurd left with a separation agreement that included a $12.2 million cash payment and a promise not to disparage the company or ‘induce others’ to do so.

In the days bn, according to a person familiar with the matter, Mr. Hurd hired Sitrick & Co., a Los Angeles-based firm known for handling crisis communications for high-profile individuals, including former H-P chairman Patricia Dunn and celebrity Paris Hilton.”

What Not to Do When Blowing the Whistle [FINS]
Sure you can get paid the big bucks to sing like a canary these days but are some things you might want to consider first.

Black Accountants Group Names New Leader [Afro American]
“Calvin Harris Jr., was recently elected the 24th national president and CEO of the National Association of Black Accountants (NABA). NABA, a 501 c(3) nonprofit, is the leading association for African Americans and minorities in the accounting, audit, finance, information technology, tax, and other business related fields. Harris’s two-year term began July 1.”

Wipfli LLP: Washington state-based Michael R. Bell & Company, PLLC, joins Wipfli LLP [WisBusiness]
“Effective August 1, the partners and associates of Washington state-based Michael R. Bell & Company, PLLC, joined Wipfli LLP, an international CPA firm headquartered in Milwaukee, Wisconsin. Michael R. Bell & Company specializes in providing audit, accounting and consulting services to a variety of health care organizations and will become part of Wipfli’s full-service health care industry practice.”


Salesforce Customers Want Better Link to Accounting [Web CPA]
“A new survey of Salesforce.com customers found that the majority of them want to link more closely between their customer relationship management software and accounting software.

The survey, by Salesforce.com partner FinancialForce.com, found that 67 percent of those using competing packages cited a lack of integration of their current accounting software with customer relationship management software as their biggest headache.”

Rangel Says He Won’t Resign, Requests Ethics Hearing [Bloomberg]
Rangs gave a 30 minute speech yesterday to let everyone know that he’s far too old to just rollover for 13 alleged ethics violations.

Plum Benefit to Cultural Post: Tax-Free Housing [NYT]
Being a director of some of the best known museums in the world is not only lucrative (multi-million dollar salary), you can also get a pretty sweet pad – tax free!

Mickelson Has Arthritic Condition That Made Him Question His Golf Future [Bloomberg]
Rest easy T Fly, Phil says he’s back to 90% just in time for the PGA that starts tomorrow.

Despite What the IRS Says, This Guy Needs Your Help Raising $2 Million

Hinn says he accumulated the deficit in the past few months because offerings at some international appearances did not cover expenses.

Hinn’s reputation as an advocate of prosperity gospel has attracted millions of followers but has also drawn criticism from lawmakers and watchdog groups.

He is one of six televangelists who have been targeted by federal lawmakers investigating compliance with IRS rules for nonprofits.

Hinn has said on his website that external auditors ensure his compliance with IRS regulations and that in 2008, 88 percent of the money he collected was spent on ministry.

For starters, can someone tell the Hinnmeister that external auditors’ word doesn’t mean shit? Second, try shopping for your clothes somewhere other than the David Copperfield consignment store and maybe you won’t have trouble covering your expenses.

Televangelist Benny Hinn asks for $2M in donations [AP]

The IRS Is Giving Small Nonprofits One Final Chance to File Their 990s

Remember the IRS’ failed outreach to small nonprofits back in the spring? Yeah, the May 17th deadline threw a lot small NFPs for a loop and they up and missed the filing deadline completely.

IRS Commish Doug Shulman figured that, despite the unprecedented outreach, the whole snafu was his bad and that nonprofits shouldn’t worry their pretty little heads about missing the deadline, the Service will still take your 990, tardiness notwithstanding.

But that can’t go on forever now, can it? Accordingly, the IRS set a new deadline today to file the 990s and it’s set for a much more memorable October 15th.

WASHINGTON — Small nonprofit organizations at risk of losing their tax-exempt status because they failed to file required returns for 2007, 2008 and 2009 can preserve their status by filing returns by Oct. 15, 2010, under a one-time relief program, the Internal Revenue Service announced today.

The IRS today posted on a special page of IRS.gov the names and last-known addresses of these at-risk organizations, along with guidance about how to come back into compliance. The organizations on the list have return due dates between May 17 and Oct. 15, 2010, but the IRS has no record that they filed the required returns for any of the past three years.

“We are doing everything we can to help organizations comply with the law and keep their valuable tax exemption,” IRS Commissioner Doug Shulman said. “So if you do not have your filings up to date, now’s the time to take action and get back on track.”

It’s simple people. If your gross receipts are under $25,000, get yourself a 990-N (e-Postcard), fill it out and you’re done. If you have receipts up to $500k, you’ll have to fill out either Form 990 or 990-EZ which will probably take you all of 15 minutes.

Get it? No more blowing this off. OCTOBER 15TH is the drop dead date. After that, Shulman & Co. will be busting down the doors to inform you that you’re no longer tax exempt. And trust us, you don’t want to deal with that.

IRS Offers One-Time Special Filing Relief Program for Small Charities; Oct. 15 Due Date to Preserve Tax-Exempt Status [IRS]

What Would the Nonprofit Sector and Community Solutions Act Accomplish?

Representative Betty McCollum is upset that small businesses have the Small Business Administration but nonprofits don’t get a Nonprofit Administration to evaluate, build and monitor the capacity of America’s vital nonprofits. She believes nonprofits are an invisible but vital part to the economy and overlooked by Washington, DC except when it comes to tax issues.

She writes in the Hill:

This legislation represents a significant step toward creating a more effective partnership between the federal government and the nonprofit sector. H.R. 5533 establishes a new United States Council on the Nonprofit Sector. The Council will be a forum for leaders of nonprofits, foundations, businesses and government to discuss strategies for strengthening the nonprofit sector. The bill also creates an Inter-agency Working Group on the Nonprofit Sector. This group will ensure that high-level representatives from cabinet agencies and other key agencies coordinate and improve federal policies pertaining to nonprofit organizations. Finally, the legislation directs Federal agencies to collect and publish better data on nonprofits AND to support research that will lead to smarter Federal policy.

The goals of the Nonprofit Sector and Community Solutions Act are to build a stronger nonprofit sector, craft smarter federal policy, and create more vibrant communities in every state across the country.

Listen, we love working groups as much as the next cube-dweller but haven’t yet seen a copy of the Bill so can’t say either way at this point. What we do know is that the nonprofit sector is large enough to be in need of some help beyond whatever pestering they get from our friends at the IRS.

According to a 2009 Congressional Research Service report, nonprofits (mostly charities) make up over 5% of U.S. GDP. Charitable organizations are estimated to employ more than 7% of the U.S. workforce, while the broader nonprofit sector is estimated to employ 10% of the U.S. workforce. In 2009, nonprofits filing form 990s with the IRS reported approximately $1.4 billion in revenue and nearly $2.6 billion in assets.

Those numbers do not include the estimated 215,000 charities who have neglected (or completely blown off) their 990 responsibilities.

Update: Ms McCollum’s office was kind enough to get in touch and provide us with more information and a direct link to the Bill. We look forward to seeing how this works out.

Jury Awards $30 Million to Nonprofits That Alleged Fraud Against Wells Fargo

The Minneapolis Foundation, the Minnesota Medical Foundation, the Robins Kaplan Miller & Ciresi Foundation for Children and the Minnesota Workers’ Compensation Reinsurance Association have won $29.9 million from Wells Fargo in a Minnesota case that alleged investment fraud and breach of fiduciary duty based on investments the non-profits made that were deemed safe by Wells Fargo.


While similar cases against banks have mostly been settled out of court, this is the first time one such case has gone to trial.

Though the non-profits lost $14.1 million to these shoddy investments, Wells Fargo attorney Robert Weinstine blamed it on the financial crisis and insisted it was not Wells’ fault that funds were lost. The 10-member jury felt otherwise based on internal memos, e-mails and handwritten notes admitted as evidence in the trial.

The jury determined last Thursday that the bank would not be subject to additional payments for punitive damages. Attorney for the four non-profits Mike Ciresi had requested $100 million. Mathlete and Wells Fargo attorney Larry Hofmann told jurors that “zero is the correct number here” in terms of punies.