Audit & Accounting

In mid-January, the Public Company Accounting Oversight Board issued reports on its 2004 inspections of Grant Thornton LLP and Crowe Chizek & Co. LLC - outlining "audit deficiencies" similar to other recently released reviews from the board.In its Grant Thornton inspection report, released on January 19, the board highlighted problems that it found in audits for 15 of the firm's public company clients between May and October 2004. The problems included failure to disclose related-party transactions and testing of information technology controls, as well as accounting problems for:

BROOKLYN FEDERAL JETTISONS KPMG: Brooklyn Federal Bancorp, the parent to Brooklyn Federal Savings Bank, dismissed its auditor, Big Four firm KPMG, and retained Beard Miller Co. as its replacement.According to a federal filing, KPMG's audit reports on Brooklyn Federal's financials didn't contain any adverse opinion or disclaimer of opinion. There were no disagreements between KPMG and the company over accounting matters.

When the Auditing Standards Board met in mid-January, it resolved to propose a new standard on auditor communication. The board also started a discussion on whether quality control should be linked to compensation control.While the proposal on communication was the biggest product of the meeting, the concept of a cause-and-effect connection between auditor compensation and audit quality may ultimately have greater reverberations in the profession.

NASD ENFORCEMENT CHIEF STEPS DOWN: Barry Goldsmith, the enforcement chief of brokerage regulator NASD, will step down in March to return to private law practice, and his deputy James Norris was named as his acting replacement. Goldsmith, 56, will become a partner at law firm Gibson Dunn & Crutcher in Washington, a firm known for its securities practice. Goldsmith joined NASD, then known as the National Association of Securities Dealers, a decade ago. As enforcement chief, he led investigations into initial public stock offerings by big securities dealers and conflicts of interest involving research analysts, as well as mutual fund and hedge fund misconduct - including overseeing penalties against Merrill Lynch and Wells Fargo.According to NASD, the number of new enforcement actions under Goldsmith reached record levels, from 975 in 1995, to 1,399 in 2005. Fines collected rose to $127.5 million in 2005, from $5.3 million in 1995.

Business owners may face a number of issues when confronted with the death, disability or retirement of an employee, partner or shareholder.Some of the dilemmas they face may include paying off business debts, having sufficient funds to pay estate taxes, leaving behind a stable operating business, and preserving the value of the business assets for heirs or family members.

The California Board of Accountancy has agreed to ease adopted practice privilege requirements in the state that went into effect Jan. 1.

The Financial Accounting Standards Board has issued a proposal providing companies with the option to report financial assets and liabilities at fair value.The board said that the change is aimed at simplifying accounting, as well as reducing the earnings volatility caused by differences in existing accounting rules. The new standard would allow companies to measure financial assets and liabilities at fair value selected on a contract-by-contract basis.

A memo out of the Internal Revenue Service's Office of Chief Counsel makes the case that gender reassignment surgery cannot be deducted as a medical expense for tax purposes. The case, involving male-to-female gender reassignment surgery, is currently under consideration by the IRS Office of Appeals.The advice memorandum says that the taxpayer deducted an unspecified amount in expenses - including payments for various doctors, hormone treatments, psychotherapy, health insurance, transportation and lodging in connection with the surgery. Although the taxpayer appears to have offered extensive medical and legal documentation behind the decision to have the procedure, the chief counsel opinion offers legal support for the original IRS revenue agent defining the procedure as cosmetic.

Investors are increasingly seeking creative transaction structures to cash in on the heated real estate market.A strategy that uses preconstruction contracts in Section 1031 like-kind exchanges is one way that is gaining acceptance among investors, especially in areas with heavy condominium development.

Every year, Congress and the Internal Revenue Service help us justify a tax preparer's worth to clients by throwing a few new curves into the tax return preparation process. The 2005 tax return filing season is no exception.This year Congress even threw a few curves at the IRS and commercial tax software creators by passing year-end tax legislation with an impact on 2005 returns after the IRS had already done much of the work on its tax forms for the filing season. Here are some items to watch out for as you work through the 2005 return filing season.