Legal issues

Tax

Judge Delays KPMG Tax-Shelter Settlement

A U.S.
Technology

Cell Phone Users May be Eligible for Federal Excise Tax Refund

A federal appeals court in Washington D.C., in December, became the third appeals court to void the federal excise tax on telephone services which are billed only by time, and not by time and distance, USAToday reports. The excise tax, originally levied to support the Spanish-American War, was last amended in 1965, when the statutory definition of long distance charges became “time and distance”, according to technology-reports.com. The government has argued that the intent of the law is to tax all commercial long distance.
Tax

Think Personal E-Mails are No Big Deal? Think Again

We all do it. Using the company's e-mail system to send jokes, “talk” with friends or even comment on the boss–it's considered just a small part of an ordinary work day.But consider this: How would you like those e-mails to be made public? An anti-spam software maker has done just that, posting 515,000 e-mail messages from Enron employees at EnronEmail.com. The e-mails were released to the public in 2003 by the Federal Energy Regulatory Commission, which collected them during its Enron investigation. The company, InBoxer Inc.
Education & Careers

Corporate Fraud, Regulation and Ethics

With new laws and regulations, short-term financial goals continue to drive corporate decision-making creating pressure and motive for accounting fraud, according to the Washington Post. The simple fact is that regulators cannot pass laws that force corporate executives to act with integrity or prompt investors to do their research before buying stock and other investments. For the first time in some 70 years, accountants, serving as gatekeepers, face independent oversight. “The profession has taken a bit of a bloody nose in the last few years,” Chester J.
Tax

IRS, Prosecutors Crack Down on Tax Evasion, Tax Fraud

Questionable Refund Program. “We will announce plans in the very near future to institute notification procedures as well as significant processing improvements to minimize the number of taxpayers whose refunds are frozen unnecessarily,” Everson said. Senators of both parties had requested the review following congressional testimony by the National Taxpayer Advocate, Nina Olson, New York Times reports.The IRS said that members of Congress and the National Taxpayer Advocate had raised legitimate issues regarding the length of delay and lack of notification for refund claims.

Advocates Target Predatory Lending Practices

Consider these two adages: Owning your own home is the American Dream, and if it sounds too good to be true, it usually IS too good to be true.Advocates worry that low-income taxpayers are paying too much attention to the first and not enough to the second, as predatory lending practices promise to make them homeowners, but instead put them in far worse financial shape than they were before.Bad lenders aggressively target low-income neighborhoods, offering loans based on inflated appraisals with high annual interest rates and payments the borrower cannot afford.
Tax

Watchdog Group Steps Up Battle with IRS Over Records

A federal government watchdog group has stepped up its fight against what it alleges is a blatant concealment of public records by the Internal Revenue Service (IRS).The Transactional Records Access Center (TRAC) last week filed a motion in U.S. District Court in Seattle, Wash., accusing the IRS of failing to abide by a 1976 court order requiring the agency to make available certain detailed information regarding its enforcement of tax laws. In a separate action in April, TRAC sued the IRS in U.S. District Court in Washington, D.C.
A&A

Private Offerings & Managed Buyouts: No Prospectus Needed

Four courts have upheld a statute governing private offerings stating that a prospectus is not required. The 2nd U.S. Circuit Court of Appeals has issued the ruling, Yung v. Lee, according to Law.com. Judges Reena Raggi, Dennis Jacobs, and Robert Sack decided the case. Raggi wrote the opinion for the panel. The details of the case occurred over 1998 and 1999. Yung Yao, and his son Billy Yung, acquired shares in Integrated Transportation Network Group (ITNG), according to Law.com. ITNG is a wholly owned subsidiary of the Dawson Science Corporation.
Tax

Inmate Tax Refund Scams On the Rise

Inmates are filing false tax returns and scamming the Internal Revenue Service (IRS). It’s a nationwide problem to the tune of $68 million from 18,000 prisoners, for the 2004 tax year alone. The Arizona Star reports that convicts are responsible for more than one-seventh of all false refunds nationally.The prisoners found to be filing false refunds avoid prosecution from state and federal officials since they are already behind bars, according to the Arizona Star.
Tax

2005, the Year of the Restatement and the Year KPMG Survived

With a background of former executives seen entering courthouses, called to account for corporate scandals of previous years, and indictments announced against individuals and KPMG partners, corporate accounting issues surfaced in a less dramatic way in 2005, through restatements of financials, at giants like American International Group (AIG) and mortgage companies, Fannie Mae and Freddie Mac.

SOX Section 404 Backlash

Sarbanes-Oxley (SOX) has been law since July 2002 and the collapses and financial carnage created by Enron, Tyco International, WorldCom, Adelphia Communications, HealthSouth, and Cendant, may have lost their prominence in people’s minds. Bloomberg reports executives are becoming more vocal that SOX has become an overzealous exercise to contain and detect corporate corruption. Section 404 is the current battlefield. “I would like to see it opened and revised. Sarbanes-Oxley has become extraordinarily expensive,” said David Chavern, vice president of capital markets at the U.S.
Community News

Accounting Firms Seek Liability Protection

Seeking protection from financial damages, the Big Four are now including punitive damage waivers in their audit client contracts. These waivers are drawing controversy from government regulators, investors, and clients. These contracts may require disputes to go to arbitration and waive rights to punitive damages and jury-trial rights. Bloomberg reports that the Federal Financial Institutions Examination Council is preparing to bar large banks from agreeing to these contracts as they believe these waivers may lead to less thorough audits.
Tax

Greenberg Won’t Face Criminal Charges

The former CEO of American International Group (AIG) will not face criminal charges initiated by New York Attorney General Eliot Spitzer. Spitzer may continue to pursue civil charges against Greenberg with an amended civil complaint containing new information. The civil suit is primarily based on AIG’s misuse of finite reinsurance polices that concealed reserve issues from AIG’s balance sheet, according to TheStreet.com. “The office decided months ago to pursue the case as a civil matter,” Spitzer spokesman Darren Dopp told USA Today.
Tax

Andersen Prosecution Abandoned: Enron’s Final Chapter?

When the Justice Department walked away from its prosecution of Arthur Andersen last week, was it finally closing the book on the Enron saga? The decision not to re-try the case comes only six months after the U.S. Supreme Court overturned Andersen’s 2002 conviction for obstruction of justice charges related to the Enron corporate fraud investigation and eventual collapse.
Community News

New Partners and a Preliminary Settlement for KPMG

Things seem to be looking up for KPMG recently.On Monday, U.S. District Judge Dennis M. Cavanaugh gave preliminary approval to a proposed $225 million class-action settlement by KPMG and Sidley Austin Brown & WoodLLP, the Associated Press reports. KPMG would pay 80 percent of the settlement, according to the Associated Press.A conclusion to the suit over the sale of questionable tax shelters would be good news for KPMG’s 166 new partners.
Tax

Berkshire Hathaway Wins Three-Year Tax Case

Warren Buffett’s Berkshire Hathaway will receive $23.1 million plus interest after a Federal District Court judge ordered the Internal Revenue Service (IRS) to pay the company ending three years of litigation. Reuters reports the case stems from the 1989, 1990, and 1991 purchases of dividend-paying stocks with the proceeds of portions of $750 million which the company said it borrowed to strengthen its finances. The tax rule cited by the IRS in prosecuting the company governs the purchase of stock with borrowed money and any deductions resulting from the purchases.
Community News

New Charges Issued in KPMG Probe

The Justice Department has issued an expanded indictment in the continuing probe of KPMG. This indictment amends the first indictment issued in August by adding 43 counts of tax evasion and two counts of obstruction of the Internal Revenue Service (IRS). Each of the 19 defendants has not been charged with the same offenses according to the indictment.
Community News

Credit Abuse Resistance Education Program

The effects of new bankruptcy law have received considerable attention lately. Just as important, however, is educating people, especially young people, how to avoid bankruptcy. The Credit Abuse Resistance Education or C.A.R.E. Program is a national program founded by the U.S.

Supreme Court Rejects Executives’ Appeal of SEC’s Pay Freeze Order

The U.S. Supreme Court on Tuesday let stand a lower court ruling against two former Gemstar-TV Guide International, Inc. executives, allowing the Securities and Exchange Commission (SEC) to freeze their severance payments under a provision of the Sarbanes Oxley Act of 2002.

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