Regulation and compliance
Regulation
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A church in California has refused to comply with an Internal Revenue Service request to turn over all the documents and e-mails it created during the 2004 election year containing references to political candidates. Last week, the 26-member vestry of All Saints Episcopal Church in Pasadena voted unanimously to challenge the IRS on the matter in court. The refusal to cooperate forces the IRS to either drop the case, or to ask the Justice Department to take the church to court. The agency could also revoke the church’s tax exemption. The church is one of dozens of tax-exempt groups under investigation by the Internal Revenue Service for possible violations of laws against political activities. The church said it regarded an IRS investigation of an antiwar sermon delivered by the church’s former rector on the Sunday before the 2004 election as an attack on freedom of speech and religion. The agency has not said what part of the sermon the reverend delivered may have violated the law. In the sermon, the former rector, imagined Jesus chiding President Bush and Democratic opponent Senator John Kerry on topics including the war in Iraq, nuclear weapons, poverty and the increasing income gap. In July, the IRS warned 15,000 tax-exempt groups across the nation to stay neutral on political matters. IRS officials said then that investigations into charges of improper campaigning would be carried out under a new enforcement program, the Political Activity Compliance Initiative. Under it, the IRS will no longer wait for an annual tax return to be filed or for the tax year to end before investigating allegations of improper campaigning.
September 24 -
California’s Franchise Tax Board is in the process of notifying more than 200 corporate taxpayers that their information was made public Sept. 19 when an employee accidentally e-mailed a list of companies under audit. The e-mail distribution list included two writers for BNA, a publisher of print and electronic news, which promptly reported that the listing of taxpayers under audit for tax years 2003 and earlier had been released. The list included the name of the taxpayers, their identification numbers, and the name of the auditor assigned to each case. The tax board is responsible for collecting state personal income taxes, as well as bank and corporate taxes for the entire state. Under California’s Revenue and Taxation Code, the board must notify taxpayers that their information had been disclosed, and the responsible employee can be charged with a misdemeanor. An FTB spokeswoman told BNA that the employee intended to send the message to himself, but accidentally sent the message to a broader distribution list. In a follow-up email sent the same day, he asked recipients to permanently delete the e-mail from their computers. According to BNA, the list includes several well-known corporations in a variety of industries, including entertainment, energy, electronics, and banking. Notes in the file appear to show that several of the taxpayers are being audited for possible participation in abusive tax shelters.
September 24 -
The Public Company Accounting Oversight Board has announced two upcoming meetings -- one for its Standing Advisory Group in Washington, another a Philadelphia forum on auditing in the small business environment. The advisory group, which is comprised of 31 individuals who advise the board on auditing and professional practice standards, will meet on Oct. 5 at the Army and Navy Club in Washington. The group will discuss the board’s proposed standards-setting activities for 2007 and ways of measuring the success of the PCAOB. A panel discussion on the attributes of auditing in a smaller-firm environment and the attributes of auditing smaller issuers will also be held. The meeting is open to the public and will be Web cast on the board’s Web site, www.pcaobus.org, where an agenda is available. Separately, on Oct. 16, the board will host one of its regular forums for small business auditors. The program will be hosted by board member Kayla J. Gillan along with staff from the offices of inspections, enforcement and standards-setting, and will focus on educating smaller registered accounting firms about the board’s work. The forum will be held at the Rittenhouse Hotel and be open to auditors from smaller registered public accounting firms, who can earn continuing professional education credits. The board plans to hold two more forums in New York City and Chicago. Information on how to pre-register for the event, which is a requirement, is available by calling (202) 207-9061.
September 24 -
In 1967, when every automaker was launching its own version of a “muscle car,” Mercury unveiled the Cougar, a sort of hybrid vehicle positioned between luxury sport and high performance, complete with 351-cubic-inch V-8 and a menacing grill that resembled a set of growling chromed teeth. My brother and I were instantly captivated by the car and begged my parents to get one. My father said our two-year-old Comet would do just fine, thank you, but he did point to an ad in a magazine that offered large model replicas of the Cougar at what seemed an unbelievable price of $2.75. We immediately clipped out the order form, emptied our banks and impatiently waited for the next five weeks until our packages arrived. You can probably guess the rest. In lieu of the flashy model pictured in the magazine, what came was actually a drab, olive-green car constructed of soft plastic, with no interior seats and with what appeared to be oversized roofing nails for axels. As I recall, my brother cried and I was thisclose to doing so as well. For once, my father spared us a Carrie Nation-like lecture and simply said, “You boys will find out you usually get what you pay for in life.” I often recall this adventure when the thorny issue of exorbitant executive pay comes up, and specifically how it measures up to company performance and the million-dollar question -- literally -- of do you really get what you pay for? No matter how well a company does with regard to appreciation in share prices and market capitalization, I somehow cannot justify or rationalize an executive compensation plan that is one hundred times the amount earned by the president of the United States. Along those lines, I recently was sent a copy of “Pay Dirt,” a review of executive compensation practices by proxy researcher Glass Lewis & Co. The Glass Lewis pay-for-performance study examined a total of six indicators of shareholder wealth and business performance, including such areas as changes in stock price over a two-year period and two-year changes in book value per share, as well as analyzing the chief executive’s total compensation and the top five executives’ total compensation. The study determined that a large number of companies shell out enormous salaries and perks to executives whose performances fell somewhere between mediocre and poor. Glass Lewis’ research identified 98 executives who were awarded more than $20 million in annual compensation in 2005, with media titan Barry Diller, chairman and CEO of IAC/InterActive Corp., banking the highest comp package in 2005 -- an estimated $85.1 million, a figure that doesn’t include roughly $290 million in exercised stock options. According to Glass Lewis, companies with the worst pay-for-performance result include advertising and media concern Interpublic Group of Cos., investment conglomerate Morgan Stanley, software publisher Ariba Inc. and Vitesse Semiconductor Corp. By contrast, the best ones were search engine Google Inc., Caterpillar Inc. and upscale retailer Nordstrom Inc. And four of last year’s 25 highest-paid chief executives were from companies now under government investigation over past stock-option-granting practices. And in a textbook example of executive logrolling, Glass Lewis unearthed five directors who sit on the compensation committees of at least two companies that received “F” grades in its pay-for-performance ratings for 2005, while two CEOs at companies that received F grades in pay-for-performance ratings for 2005 also sit on the boards of other companies that received Fs. Now, realistically, the Glass Lewis report won’t abolish the practice of absurd compensation packages for residents of the executive suite, But hopefully it will prompt investors to take a closer look at companies in which they have placed their money and demonstrate to the CEOs that their salary is not an annuity, and that they must either step up or step down. And for those that can’t measure up, you can throw in two 1967 Mercury Cougar replicas as part of the severance package.
September 24 -
With their sentencing dates approaching, former Enron chief executive Jeffrey Skilling and former chief financial officer Andrew Fastow are taking divergent routes in the image they portray to the court. Skilling, 52, was ticketed for public intoxication earlier this month in Dallas, according to a report in the Houston Chronicle. The paper said that Skilling, who was not drinking at the time of the arrest, received a $385 ticket on Sept. 9 at about 1:45 a.m. and was briefly detained in a city jail. Public intoxication is a misdemeanor and punishable by a fine of up to $500.
September 21 -
Did you ever stop and think why you are now at the ATM machine again taking more money out when you were just there a few days ago? Does it seem like you are constantly replenishing your wallet and can’t understand why? Visa did something about it. They decided to do some research on where money goes, other than, of course, paying for their credit cards or people charging on the Visa card. Actually, in England, they discovered that the Brits spend as much as $160 billion (yes, with a “B”) a year but have no idea where that money went. Actually, Visa surveyed more than 1,000 people and found out that the average adult was spending some $60 every week with no idea of where the money was going. In other words, in answer to the question, “On what did you spend that extra $60?” the response was “I don’t remember.” Now, according to Visa, if you didn’t spend that $60 a week for something you don’t recall, you could have paid for the following: 1) All your electric and water bills for a full year 2) 96 percent of traveling costs for year 3) Your weekly grocery shopping for some nine months of the year 4) Three months’ of mortgage payments. So, to where is this money traveling? Visa says that most people spend more than they would like when grocery shopping (that’s the impulse buying habit) and on entertaining for children or grandchildren, not to mention their own “night out.” Who spends the most? Oddly enough, men do, averaging some $70 a week compared to half that by women. So ends that woman/shopping myth. Also, those 18-24 year olds spend almost a $100 a week. Who spends the least? Besides a five-month old baby, it’s the over 55ers who only use up about $30 a week on items they don’t remember buying. So, what does Visa recommend? They suggest monitoring your money through online banking and by maintaining accurate records every time you go to that ATM machine; in other words, marking down what the money’s for. According to Visa, if you can check your bank balance from home, you will find this is an enormous benefit in indicating what’s happened to your money.
September 21 -
In testimony before lawmakers, Securities and Exchange Commission chairman Christopher Cox defended the Sarbanes-Oxley Act, but sided with critics of the sweeping reform act who maintain that parts of the mandate need to be changed— in particular Section 404.
September 20 -
Nearly one year after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was passed into law, a study by information and research services provider LexisNexis found that Chapter 7 bankruptcy filings were 71 percent lower than over the same period for 2004.
September 20 -
Despite corporations gaining more experience with complying with the mandates of Sarbanes-Oxley, concerns over the burdens of its implementation have grown over the past several years.
September 20 -
The burgeoning scandal at Hewlett-Packard is undoubtedly tied more directly to privacy concerns and the Constitution than corporate governance and the Sarbanes-Oxley Act, but that doesn't mean some lessons don't spillover from one legal area into the other.
September 19 -
The Securities and Exchange Commission's top accountant has added his thoughts on how to properly account for stock options in the historical financial statements of public companies.
September 19 -
The Securities and Exchange Commission announced that it has filed and settled financial fraud charges against bank holding company Doral Financial Corp.
September 19 -
A church in Pasadena, Calif., says that the Internal Revenue Service has asked it to turn over all the documents and e-mails it created during the 2004 election year containing any references to political candidates.
September 18 -
The Government Accountability Office has released an updated listing of public companies that have made a financial restatement announcement because of financial reporting fraud or accounting errors.
September 18 -
You can hear it in their voices: There's something about providing accounting work for not-for-profit entities that produces a smile of satisfaction. These people like what they're doing for a living."They very much appreciate what you do for them. They're not out just to increase the bottom line of the organization - they're out there to do a service for the community, and they appreciate anything you can do to help them," said Rob Fleming, shareholder director of the Not-for-Profit Services Group at the Bellevue, Wash.-based firm of Clark Nuber.
September 17 -
Recent headlines surrounding the ordeal of 104-year-old socialite Brooke Astor chronicled a lawsuit filed by her grandson that accused his father of mismanaging his grandmother's financial affairs.For once, maybe the rich aren't so different: Experts predict that, for millions of Americans, the problems associated with relatives acting as trustees, guardians or conservators will only grow as the population ages. Policymakers are focusing on solutions that may well affect the way CPAs serve clients in the coming years.
September 17 -
UBIQUITEL RETAINS KPMG: UbiquiTel, a subsidiary and provider of Sprint communications services throughout midsized markets in the Western and Midwestern U.S., named Big Four firm KPMG as its new independent accountant.KPMG replaces PricewaterhouseCoopers as auditor to the Conshohocken, Pa.-based company. According to a filing, PwC's reports on UbiquiTel's financials for the years ended Dec. 31, 2004 and 2005, did not contain any adverse opinion or disclaimer of opinion, and were not qualified or modified as to uncertainty, audit scope or accounting principle.
September 17 -
Sometimes things become so commonplace that people stop giving them a second thought, even though they deserve one, or even more than one.Like a great many others, recent events have caused us to realize that we may have become complacent about the magnitude of executive compensation. Those at the top rung of corporate America make what seems to everyone but them to be truly staggering amounts of money each year.
September 17 -
ADP TO SPIN OFF BROKERAGE ARM: Payroll and benefits outsourcing concern Automatic Data Processing Inc. will spin off its massive brokerage-services unit, an arm that observers project would have a market cap of more than $3 billion. ADP said that as a result of the spinoff - which should be completed by the end of fiscal 2007 - it expects to receive a distribution of $500 million to $700 million from the business in the form of a tax-free dividend.ADP said that the decision to spin off the unit came after a year-long strategic review. In that process, the company mulled an initial public offering, as well as an outright sale of the business. Although ADP is better known for its signature payroll unit, its brokerage-services business both processes and clears trades of securities, along with handling the distribution of related materials such as proxy reports. It generated roughly $2 billion in revenue for its most recent fiscal year, accounting for about 20 percent of the company's overall revenue figure.
September 17 -
With as much as 75 percent of CPAs performing some type of financial planning services for their clients, there are many financial planning business models available for accountants who are thinking about wading into that growing arena.One such model is an affiliation with a broker/dealer who has an understanding of CPAs and their client relationships. What follows is a basic overview of four major broker/dealers and their programs.
September 17