Regulatory actions and programs

A new report from the Public Company Accounting Oversight Board looks to draw some conclusions out of its inspections of approximately 275 audits of internal controls over financial reporting performed by registered public accounting firms.The report specifically looks at the second year implementation of the board’s Auditing Standard No. 2, “An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements.” Nearly a year ago, the PCAOB announced that during 2006 it would conduct inspections to determine whether auditors were achieving the objectives of the standard with the least expenditure of resources.

The Financial Accounting Standards Board issued a proposal to improve the accounting for financial guarantee insurance contracts.The proposal, “Accounting and Reporting by Insurance Enterprises: An Interpretation of FASB Statement No. 60,” is aimed at reducing diversity in accounting treatment and providing financial statement users with clearer, more comparable information and expanded disclosures. The proposal has also been written in a new format intended to improve its understandability.

The Financial Accounting Foundation issued a warning Tuesday, saying that some of its constituents have been contacted by parties falsely claiming to be members of the Financial Accounting Standards Board staff and promoting the sale of Sarbanes-Oxley compliance materials.The foundation did not offer any further information, but did say that it had brought the matter to the attention of the Securities Exchange Commission, as well as law enforcement officials. The foundation also asked any constituents who believe they have been exposed to the scheme to contact their local authorities.

The U.S. Supreme Court said that it would not revisit the decision made by lower courts to vacate the conviction of Kenneth Lay, the late founder and former chairman of Enron Corp.In October, U.S. District Judge Sim Lake dismissed the federal indictment used to bring Lay to trial. Lay was unable to exhaust the appeals process after dying of a heart attack in early July, less than two months after a jury convicted him on six charges of conspiracy and fraud and Lake found him guilty on four charges of bank fraud.

It figures that it would be Tom Allen who took on the single biggest accounting issue in the country, if not the world.It was Allen who, as chairman of the Governmental Accounting Standards Board, ushered in Statement 34, which moved state and local governments to accrual accounting - arguably one of the biggest changes ever to impact governmental accounting.

A federal judge has signed off on a $9 million settlement against Ernst & Young over claims made by investors in PNC Financial Services Group Inc.

Internal Revenue Service agents are spending more time conducting face-to-face corporate audits that produce no revenue, according to a report released by the tax division of Syracuse University’s Transactional Records Access Clearinghouse.

The climate is changing for nonprofit organizations, with both the Internal Revenue Service and Congress zeroing in on issues such as transparency, board oversight and compensation matters.While Sarbanes-Oxley requirements apply to only the public company sector, the scandals emanating from publicly traded companies over the past several years have affected the nonprofit arena as well, according to Geralyn R. Hurd, an executive in the tax services group at Crowe Chizek's Chicago office.

Like their GOP predecessors, the Democrats in charge of Congressional tax committees continue to wring their hands over the fiscal train wreck looming due to the escalating alternative minimum tax.But agreement on a way to stop that runaway AMT locomotive - a step that many tax accountants say is needed to head off a tax revolt by millions of middle-income American families - seems just as elusive as ever.

Derivatives may be complex instruments, but they nevertheless have to be calculated, accounted for and reported on to investors and other users of financial information.The Financial Accounting Standards Board tried to settle the issue when it issued Statement 133, Accounting for Derivative Instruments and Hedging Activities in 1998, but people who read financial statements still had questions. For example, how do derivatives activities impact a company's operations? And how does a given derivative relate to a given risk?'

New Jersey is working to join a roster of U.S. states that are offering tax breaks to local military personnel, as a state legislator has authored a bill that would exempt income earned by military personnel stationed outside the state for at least six months from the state's gross income tax."I think there's no question that our men and women who are serving in the military are sacrificing a tremendous amount already," said New Jersey Assemblyman Michael Panter, author of the bill. "To tax them from a state perspective, when they're not in New Jersey taking advantage of the state services and infrastructure, really it's a windfall to the state, and I think it's incredibly unfair."

A combination of both strong economic growth and low unemployment helped keep state tax rates flat for 2006. Nevertheless, some states are continuing to mine tax-related revenue streams."Currently, there are several states that are looking to improve their tax structure," explained Curtis Dubay, an economist at the Tax Foundation.

Treasury Secretary Henry Paulson said that U.S. rulemakers should consider adopting "principles-based" regulations and accounting standards, in a speech at the Capital Markets Competitiveness Conference.Paulson said that in particular, there should be a focus on three issues in the U.S. - the country's regulatory structure, its accounting industry, and its legal and corporate governance environment.

One of my former employers has been the occasional subject of this column -- particularly when the topic centered on how not to run a business.

The Public Company Accounting Oversight Board announced that deputy chief auditor Laura J. Phillips will leave the board later this year.

Along with making the case to keep executive compensation the way it is, the Financial Executives International recently said that investors are not well served by the complexity of financial reporting and released a four-point plan to address the problem.

The Treasury Department and the Internal Revenue Service issued final regulations on the treatment of nonqualified deferred compensation plans and arrangements under Section 409(a) of the tax code.

The Financial Accounting Standards Board has named Lawrence W. Smith, currently chairman of the standard-setter’s Emerging Issues Task Force, as a member of the board.

Husband and wife grape-growers in Geyserville, Calif., got some mixed news last week, after the U.S. Tax Court took a closer look at how they could depreciate improvements made to their vineyard.The court found that although Leo and Evelyn Trendadue properly classified wine grape trellises on their land as farm machinery or equipment, because the irrigation systems and well the couple built on their property have a longer class life (20 years, as opposed to 10 years) those enhancements should be classified -- and depreciated for -- as permanent land improvements.

There is a greater push for transparency, both in terms of financial reporting and in regard to regulatory actions, but I wonder how successful this push will ultimately be. It is the regulatory bodies that will have to be the driving force, along with institutional investors. A recent action indicated to me that one particular regulatory body seems to have little concern for transparency. It was reported at www.indystar.com/apps/pbcs.dll/article?AID=/20070405/BUSINESS/704050480 that Conseco Life Insurance Co. has been fined $750,000 by Iowa regulators. The article reports that state kept secret exactly what triggered the penalty. This got me curious, as the fine was described as ”one of the Iowa Insurance Division's largest such penalties,” so I tracked down the order.