Warren Buffett Takes On the IRS

Warren Buffett, the colorful chairman and CFO of investment firm Berkshire Hathaway, Inc., has filed a lawsuit against the Internal Revenue Service claiming the agency incorrectly denied his company deductions of $16.3 million.

The IRS has rebuked the claim, stating that Berkshire Hathaway used at least part of the funds to make investments in other companies, and that the tax code reduces deductions for amounts used to invest in dividend-producing resources.

In the lawsuit, Berkshire Hathaway claims that, by disallowing the deductions, the IRS made an "erroneous, wrongful, and illegal" interpretation of the tax code. The company stated that it keeps a large supply of cash on hand, drawn from many sources including but not limited to loans, and that money is used, among other things, for investments and acquisitions. Berkshire Hathaway contends that the IRS cannot attribute the borrowed money directly to the purchase of stocks. Furthermore, the company claims that its objective in borrowing the money was not just to buy specific stocks but to maintain and enhance its financial strength.

An IRS spokesperson said the U.S. Justice Department will file an answer to the lawsuit.

Berkshire Hathaway is the parent company for GEICO Direct Auto Insurance, Borsheim's Fine Jewelry, Fruit of the Loom, International Dairy Queen, Inc., as well as many other subsidiaries. In response to the Securities and Exchange Commission's recent call for certified financial statements, Mr. Buffett and Vice President and CFO Marc D. Hamburg filed and signed sworn statements attesting to the completeness and veracity of the company financial statements.

Voice of the Editor

Even though any accounting auditor would tell you it seems like there are an awful lot of tax accountants out there, surely one-third of the country isn't made up of tax preparers, so it's rather startling news to learn that one-third of Americans like to do their taxes. Who knew?
ADVERTISEMENT

This Week on AccountingWEB

Bill Walter of Gross, Mendelsohn & Associates and Harold Gaar of TravisWolff LLP weigh in on mobile technology use while employees are at work.
WestArk RSVP and Fayette County Community Action Agency – organizations that received grant funding through the IRS Tax Counseling for the Elderly (TCE) program – spoke with AccountingWEB about how they assist senior citizens in their communities.
CPA Robert Raiola, who heads the Sports & Entertainment Group of Fazio, Mannuzza, Roche, Tankel, LaPilusa, LLC, talks NFL player income taxes with AccountingWEB.
Retiring KPMG Centennial Professor of Accounting at the University of Texas at Austin McCombs School of Business Robert May, PhD talks with AccountingWEB about his rewarding forty-three-year career.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT