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The Internal Revenue Service is expanding an outreach effort to ensure that public schools throughout the United States are complying with the universal availability requirement for retirement annuities they may offer.Some schools and school districts may be overlooking offering employees the opportunity to participate in these retirement plans. To assess the level of compliance, the IRS's Employee Plans Compliance Unit has started sending questionnaires to public school districts in all 50 states under the 403(b) Universal Availability project. A 403(b) plan is a retirement plan for certain employees of public schools, employees of certain tax-exempt organizations, and certain ministers. "Our pilot project in three states showed fairly widespread noncompliance by schools with the universal availability requirement for 403(b) plans," said Joseph Grant, director of the IRS Employee Plans Division. "But we believe most of it was due to a lack of understanding about what the law requires, not a deliberate failure to comply." "We know from our pilot project and from talking to representatives from schools and districts across the country that most of the problems stem from either misunderstanding the law or from confusion because of differing rules in various states," said Grant. "The project will give schools the chance to identify problems with their plans and to correct them on their own."

The head of the body that oversees both the Financial Accounting Standards Board and the Governmental Accounting Standards Board has petitioned Connecticut Governor Jodi Rell to veto a measure that would allow the state comptroller to set accounting standards and bypass GASB. Robert J. DeSantis, president and chief executive of the Financial Accounting Foundation, wrote to Rell requesting that she veto the legislation, which has already passed in both the Connecticut House and Senate. The legislation "threatens the integrity and objectivity of the independent standard-setting process and is a step backwards for public trust, government accountability, financial transparency and the state's investors," DeSantis wrote. Barry Melancon, president and chief executive of the American Institute of CPAs, also sent Rell correspondence urging a veto.

The Consulting Services Executive Committee of the American Institute of CPAs released a new standard on valuation services. Its Statement on Standards for Valuation Services No. 1, "Valuation of a Business, Business Ownership Interest, Security or Intangible Assets," provides guidelines to CPAs for developing estimates of value and reporting on the results. It applies to institute members who perform an engagement that estimates the value of a business, business interest, security or intangible asset for numerous purposes, including sales transactions, financing, taxation, financial reporting, mergers and acquisitions, management and financial planning, and litigation. SSVS No. 1 specifies two types of engagements: valuation engagements and calculation engagements. For valuation engagements, two types of written reports are permitted - detailed reports and summary reports. For calculation engagements, one type of written report is permitted - calculation reports. Oral reports are allowed for all engagements under the standard. SSVS No. 1 is effective for engagements accepted on or after Jan. 1, 2008. A copy of the standard has been posted to the AICPA Web site at http://bvfls.aicpa.org/Resources/Laws+Rules+Standards+and+Other+Related+Guidance/AICPA+Valuation+Standard+and+Implementation+Toolkit.htm.

Deloitte Financial Advisory Services LLC, a unit of the Big Four firm, has launched a new think tank designed to analyze fraud, corruption and other issues facing the global business community. The Deloitte Forensic Center will focus on exploring fraud-prevention issues with attorneys, regulators, academic experts, investigators and accountants involved in forensic matters. Areas of study will be decided by an informal, independent panel of advisors -- one of whom is former Federal Reserve Chairman Paul Volcker -- and lead by Frank Hydoski, director of Deloitte Financial Advisory Services, and Deloitte partner Toby Bishop. Hydoski and Bishop are full-time members of Deloitte FAS's Forensic & Dispute Services Team. The directors anticipate each area of study, when decided, will take about four months to publish its findings, and expect two to three more topics to be explored within the next year. "A number of our practitioners have noticed business leaders are increasingly asking us questions," Bishop said during a press conference at the center's launch. "It was a risk most organizations didn't have to deal with. What we've seen over the last 10 years is an evolution [that] fraud and corruption are endemic issues." Bishop said that another goal of the DFC is to play a role in "thought leadership" on fraud and corruption issues, and to take the information the organization already has on such matters and figure out how to apply it more effectively. For example, in trying to find what techniques work best to limit the prevalence of corruption, the group will ask questions addressing whether it is better to approach change within the corporate culture through anti-corruption policies or work on the governmental level to create preventive laws. "Fraud has increased over the last decade in its reach and impact but many business leaders have grown up in an era where it's not a big deal, it happened to bad companies," Bishop said. "If they choose not to deal with it, they are in for some unpleasant surprises. But persuading people that they need to do something about it is very hard."

Ousted Fannie Mae chief executive Franklin Raines is charging regulators with withholding documents that show a deliberate attempt to drive down the stock price of the mortgage securities concern. In a filing with the U.S. District Court here, Raines, 58, who was shown the door after the company was forced into a $6.3 billion restatement, said that Fannie Mae's overseer, the Office of Federal Housing Enterprise Oversight, "continues to guard jealously against the disclosure of information." Raines wants OFHEO to hand over documents related to a 2004 report published by the Department of Housing and Urban showing that the "officers of the agency had engaged in serious misconduct by deliberately attempting to manipulate and depress Fannie Mae's stock price." To date, the government has filed more than 100 charges against Raines, former Fannie Mae chief financial officer Timothy Howard and the company's former controller, Leanne Spencer, seeking fines and the return of millions in bonus money. Following a two-year dispute over deferred compensation after his dismissal, Raines had been awarded $2.6 million under a deal disclosed in an SEC filing.

“Thought leadership, it’s a marketing term,” was the comment.

By a vote of 8-1, the Supreme Court tightened the rules on shareholder lawsuits, thereby making it tougher for plaintiffs to recover their losses from companies accused of financial wrongdoing. Writing for the opinion, Justice Ruth Bader Ginsburg said a shareholder suit would be allowed to proceed only if the facts in the case are "cogent and compelling," in their intention to deceive stakeholders. The high court ruling comes as a result of a shareholder suit filed against technology concern Tellabs Inc. of Illinois. The suit charged that the high-tech company engaged in a fraudulent plan to artificially inflate the stock price and accused the chief executive of misleading investors about a high demand for the company's products.

As expected, the Securities and Exchange Commission voted to seek comment on a proposal to allow non-U.S. companies, that list on U.S. exchanges to reconcile their financials using International Financial Reporting Standards in lieu of U.S. generally accepted accounting principles. The comment period will be 75 days. To implement the change would require a second vote of the commissioners. As previously reported, the SEC will, in the upcoming months, issue a concept release to float the idea of giving U.S. firms the choice of reconciling in the international rules. That may lead to regulators eventually giving U.S. filers a choice between GAAP and IFRS. Currently, foreign companies trading on U.S. exchanges must convert their financial results to GAAP.

The Internal Revenue Service recommends that employers, payers and their agents begin using a new, improved version of the agent-appointment form immediately, to avoid delays in having the IRS approve the agent appointments. All versions prior to the May 2007 form are now obsolete. Form 2678, Employer/Payer Appointment of Agent, authorizes an agent to file tax returns and deposit and pay employment or other withholding taxes on an employer or payer's behalf. However, the employer retains responsibility for filing Form 940, Employer's Annual Federal Unemployment Tax Return, and depositing and paying FUTA tax. The IRS recently redesigned Form 2678 to make it clearer and more user-friendly. The redesign resulted from an initiative led by the IRS Office of Taxpayer Burden Reduction. The IRS will return any obsolete versions of Forms 2678 that are filed and ask senders to submit the May 2007 revision instead. When the IRS approves Form 2678, both the employer or payer and the agent are liable for the employer's employment tax.

Rep. Charles Rangel, D-N.Y., chairman of the House Ways & Means Committee, said House lawmakers might consider legislation that would raise taxes on the income of private equity and hedge fund managers. Under the current tax laws, private-equity companies can go public by paying a partnership tax rate of 15 percent versus the corporate tax rate of 35 percent. Rangel's proposal follows a Senate measure introduced last week requiring private-equity partnerships that go public after June 14 to pay corporate taxes.