Audit & Accounting

The use of private annuities to shelter gain on appreciated property has come to an abrupt halt, if the Internal Revenue Service has its way.Whether the IRS can withstand pressure to withdraw or substantially amend new proposed regs before they are made final, or whether the final regs can withstand judicial challenge, remains to be seen. For now, however, effective for annuity transactions after Oct. 18, 2006 (subject to a relatively brief six-month "estate planning" exception), the division between "old rule" and "new rule" is dramatic.

The Financial Accounting Standards Board has voted to propose changes to a derivatives rule issued earlier this year affecting the financial statements of asset-backed and mortgage-backed securities investors.The proposal would affect FASB Statement No. 155, Accounting for Certain Hybrid Financial Instruments, and allow companies not to account for embedded derivatives that are associated with prepayment risks. Community banks, insurance companies and others may be exempted from having to recognize interest-rate-driven gains and losses on their income statements. Many of those groups had said that without such an exemption, their earnings might be more volatile.

The Securities and Exchange Commission announced that thousands of individual investors who made financial claims in the wake of the $11 billion WorldCom accounting fraud will soon receive up to $150 million from a commission fund set up to help compensate investors for their losses.The SEC's ability to return penalty money directly to fraud victims is a new authority granted under the Sarbanes-Oxley Act. The entire $750 million penalty that the SEC obtained from WorldCom was paid into a "Fair Fund" when the reorganized telecommunications company emerged from bankruptcy protection in April 2004. All of that money is earmarked for return to injured investors.

The Committee of Sponsoring Organizations of the Treadway Commission issued a request for proposals to develop guidance to help organizations monitor the quality of their internal control systems.The end product is meant to serve as a tool for effectively monitoring internal controls, as well as complying with the Sarbanes-Oxley Act.

Speaking to a group of financial executives, a Securities and Exchange Commission accountant said research from his office has revealed that most restatements are due to basic accounting mistakes.Speaking at the annual conference of Financial Executives International, SEC deputy chief accountants Scott Taub said that about 55 percent of recent company restatements were due to the misapplication of basic accounting rules or to problems with the actual data used in the original calculation.

While he didn't call for any new regulations, or outright suggest the overturning of any existing rules, in a speech this week Treasury Secretary Henry Paulson urged federal regulators to take a more hands-off approach when it comes to dealing with the markets.Speaking on the competitiveness of the capital markets at the Economic Club of New York, Paulson told the audience that U.S. accounting and securities regulators should consider adopting flexible accounting rules that outline principles, but don’t set strict rules.

The Internal Revenue Service announced a formula allowing businesses and tax-exempt organizations to estimate their federal telephone excise tax refunds.In May, the government announced that it would stop collecting the federal excise tax on long-distance telephone service beginning Aug. 1, 2006, and provide refunds for taxes billed after Feb. 28, 2003.

Former Enron chief executive Jeffrey Skilling will head to a low-security federal prison in Waseca, Minn., on Dec. 12 to begin serving a prison term of 24 years and four months for his conviction on fraud and conspiracy charges.

McGladrey & Pullen LLP announced that it has acquired Chicago-based CPA firm Altschuler, Melvoin and Glasser LLP.AM&G previously had an alternative practice structure with American Express Tax and Business Services, which was acquired by RSM McGladrey in October 2005.

My first brush with the National Collegiate Athletic Association came during my tenure as sports editor of my college newspaper. Two star players from the hockey team had been slapped with season-long suspensions for accepting room and board -- not even money, mind you -- while playing as juniors in Canada.