Regulatory actions and programs

If the Committee of Sponsoring Organizations of the Treadway Commission has succeeded in doing what it set out to do, small public companies may soon have an easier time of documenting their internal controls.Back in 1992, COSO issued a set of recommendations, "Internal Control - Integrated Framework." Ten years later, the Sarbanes-Oxley Act of 2002 required companies to certify the adequacy of their internal controls, and the COSO framework became a de facto standard.

Tax practice for CPAs is changing. Recent modifications to Circular 230, the U.S. Treasury Department regulations that govern practice before the Internal Revenue Service, have established several changes that leave CPAs with a new standard for the practice of taxation.The rationale for the revised regulations is part of an IRS effort to promote ethical tax practices and curb abusive tax avoidance programs promoted by some tax professionals. Some CPA and law firms were coming up with tax-motivated transactions for clients and then packaging those transactions to sell to other companies.

Advanced degrees are being obtained by a higher percentage of the middle- and upper-class population than ever before. Many of these students hold full-time jobs. The recent development of online universities has only served to fuel this trend. The ability of working students to take a business expense deduction for tuition expenses likewise has grown in importance.With MBAs being one of the hot degrees to have as of late, because of its apparent ticket to success in many different business settings, it's a small wonder that a recent Tax Court decision has attracted more than its share of attention. That case (Allemeier Jr., T.C. Memo. 2005-207) appears to have opened up the possibility that the expense for obtaining a larger number of MBA degrees can be written off as a trade or business expense.

As the American Institute of CPAs' director of auditing and attestation, Chuck Landes has guided the Auditing Standards Board through the upheavals of the Sarbanes-Oxley Act, and in late October, he saw the board issue 11 inaugural standards for the audits of private companies."This was a monumental meeting," Landes said of the most recent ASB meeting. "I am just thrilled. I'm very proud of the technical staff, who have worked very hard and are finally seeing the fruits of all their labor come to fruition in the issuance of these new auditing standards. These standards make significant changes in how some auditors perform their work, and clearly they will improve the quality of auditing."

The Public Company Accounting Oversight Board will meet prior to the Thanksgiving holiday in order to address a number of items.

In one of his last public speaking appearances before stepping down as chairman of the Public Company Accounting Oversight Board November 30, William McDonough told a roomful of financial and accounting executives that, while much progress had been made in restoring public confidence, maintenance is an ongoing mission.

The Public Company Accounting Oversight Board has released critical inspection reports for the audits of PricewaterhouseCoopers and Ernst & Young, saying that the firms' work has so many deficiencies, their evaluations of companies' finances may be questionable.

Financial Executives Research Foundation, the research affiliate of Financial Executives International, has released two new reports on Sarbanes-Oxley compliance and management reports on internal controls.

There is a clear link between Sarbanes-Oxley Section 404 compliance work and dramatically higher profiles for senior tax executives, particularly with audit committees and boards of directors, according to a survey of senior tax executives conducted by KPMG.

The Securities and Exchange Commission's 2005 financial statements got a clean bill of health from the Government Accountability Office, after the SEC accelerated its financial reporting schedule to issue the documents.

More than two-thirds of all small businesses favor setting different Sarbanes-Oxley compliance standards for small and large companies, according to a recent study commissioned by SAP America Inc.

Securities and Exchange Commission Chairman Christopher Cox named Scott Taub as the agency's acting chief accountant.

While the Internal Revenue Service has made "great strides" in addressing financial management challenges and internal control deficiencies, a report from the Government Accountability Office stated that the service still faces substantial hurdles in that area.

The Internal Revenue Service has issued Notice 2005-88, which explains steps that large corporations and tax-exempt organizations can take to seek waivers from electronic filing requirements.

The Public Company Accounting Oversight Board announced new appointments and re-appointments to its Standing Advisory Group for 2006.

The Financial Accounting Standards Board will add a new project to its agenda and reconsider its accounting guidance for pensions and other retirement benefits.

Bond insurer MBIA Inc. will restate its earnings for the past seven years, as well as set aside $75 million in anticipation of settling with regulators over an accounting probe into defaulted bonds.

The U.K. government proposed legislation last week that could limit the liability accounting firms face when auditing publicly traded companies.

PricewaterhouseCoopers will pay about $28 million to shareholders of Telxon Corp., finally putting an end to legislation concerning the high-tech manufacturer.

Securities and Exchange Commission deputy chief accountant Andrew D. Bailey Jr. will leave the commission in December.