Audit & Accounting

The Public Company Accounting Oversight Board issued its first-ever audit practice alert, warning auditors to be on the watch for problems in the timing and accounting of stock-option grants."Auditors planning or performing an audit should be alert to the risk that the issuer may not have properly accounted for stock option grants and ... may have materially misstated its financial statements," the alert said, alluding to recent investigations by both the Securities and Exchange Commission and the Internal Revenue Service into whether companies routinely backdate, spring load, or otherwise manipulate, stock options grants to top executives.

A federal appeals court upheld the conviction and 25-year prison sentence handed to former WorldCom Inc. chief executive Bernard Ebbers a year ago.

Federal prosecutors received yet another slap on the wrist from Manhattan Judge Lewis Kaplan, as the judge ruled they inappropriately used economic pressure to coerce testimony from two partners at KPMG.

The Securities and Exchange Commission will require public companies to provide more information about the pay given to top executives under rules unanimously adopted by the Securities and Exchange Commission.

As expected, Conrad W. Hewitt, a former Big Four managing partner and commissioner of California's department of financial institutions and superintendent of banking for the state, will take over the top accounting job at the Securities and Exchange Commission.

The Securities and Exchange Commission has barred Conseco Inc.'s former chief financial officer and chief accounting officer from auditing the books of public companies for at least the next five years.

Brand-new exchange-traded funds are coming onto the market faster than most advisors can keep up with them.Issuers such as PowerShares and Barclay's Global Investors file for groups of new offerings in the double digits, and the total number has topped 216 funds with aggregate holdings of $334 billion. The flood of new products means advisors' mailboxes are stuffed with offering memoranda. Most end up in the circular file, but a few have made their way into clients' portfolios alongside some of the older issues.

Using cash in a like-kind exchange is similar to passing around the proverbial "hot potato" - you don't want to be the one holding the potato, i.e., the cash, at the end of the transaction. If you do so in a like-kind exchange, you are probably holding "boot" (non-qualifying property), which is taxable to the extent of any gain otherwise locked up in the relinquished property (i.e., the difference between its fair market value and basis).Sometimes, strategies that involve the use of cash to facilitate like-kind exchanges under Code Section 1031 begin to seem like shell games, in which labels matter a great deal. In the end, however, the only labels that have been successfully applied are those that have made sense within the basic framework of Section 1031.

Nobody wants to be the bearer of bad news, but small business owners should be aware that the Internal Revenue Service is stepping up its examinations of companies' retirement plans this year, hoping to catch those that are cheating their workers or the government, or both, as well as to ensure that the plans meet federal regulations.Traditional pensions, 401(k) plans and profit-sharing plans are all on the agenda.

An individual who is planning to retire will often roll over the assets in her qualified plan into a traditional IRA, e.g., so that she will have more control over how the funds are invested.If the plan permits (and only if the plan permits), such an individual may also be able to roll over the assets in a traditional IRA to one of the following types of plans: