Tax Court Judges Structured Trust Advantaged Repackaged Securities” (“STARS”) as Illegitimate. Costs to BNY/Mellon May Exceed $800M. The Internal Revenue Service won a high-profile tax shelter case involving Bank of New York Mellon Corp. on Monday, in a ruling that could cost the company more than $800 million. John D. McKinnon at the WSJ Washington Wire reports the news:
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Private Companies and Nonpublic Not-for-Profits are Exempted from a Particular Fair Value Disclosure as a Result of Recent FASB Amendment The Financial Accounting Standards Board responded quickly to concerns voiced in December to issue an amendment clarifying that private companies and nonpublic not-for-profits are exempted from a particular fair value disclosure. Ken Tysiac at The Journal of Accountancy reports the news:
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It’s Not Municipal Securities, Consumer Credit, or Commercial Paper: It’s the $17 Trillion Trade Receivables Market Walter Kurtz at Business Insider writes that it turns out that the biggest financing market is not in corporate bonds or even mortgages. It’s trade receivables. According to the Receivables Exchange, $11 trillion of trade receivables is originated by small and mid-size businesses and another $6 trillion by large corporations, for a whopping total market size of $17 trillion.
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Watch Out, Wall Street! The Federal Reserve, a Primary Banking Regulator, is Trying Harder to Spot Speculative Excesses Peter Eavis at The New York Times Dealbook reports: In a speech on Thursday, governor Jeremy C. Stein, who joined the Fed last year, focused on parts of the financial markets that show signs of overheating. He went into considerable detail, citing metrics that appear designed to spot bubbles. Specifically, Mr. Stein raised a red flag about junk bonds and mortgage-backed securities, and how investors are financing their purchases of such assets.
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Income/Franchise Changes in Wisconsin, Sales & Use Exclusion in California, Nevada Supreme Court Upholds Margin Tax Initiative Deloitte State Tax Matters has a new set of updates on state tax law developments and changes. Deloitte’s February 8th Issue includes additional detail on some of the cases cited and excerpted below. For more information, visit Deloitte’s full State Tax Matters archive here.
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Troopers Knocked on the Door. Say They Were Greeted by a Stoned Man Named Clarence Stone. Everyone knows tax season can be an especially stressful time.
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Last Month’s Fiscal Cliff Legislation Included Lots of Tax Provisions. But Not Just for Individuals — There Are Tax-Saving Breaks for Businesses Too. Here’s What You Need to Know. Bill Bischoff at The Wall Street Journal Small Business Blog reports that last month’s fiscal cliff legislation included some important tax breaks for individuals; a longer version of his article appears at MarketWatch. Here’s the short list.
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“It’s a Huge Case for the Patent-Law Community.” On One Side: Google, Facebook, Intuit. On the Other? IBM. “Because the patents are often unclear, there’s no way to know whether an infringement claim by a competitor or a troll is legitimate until you’ve spent $8 million in litigation fees,” said Mr. Schruers Ashby Jones in the Wall Street Journal reports this morning that a federal appeals court in Washington, D.C., will hear arguments Friday over a fundamental question that has vexed the technology industry for nearly two decades: When is a piece of software patentable?
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Increased Transparency, More Automation, and More Access to Capital Rod Ebrahimi, a columnist for the Entrepreneurs section of Forbes, writes that “Thousands of miles away from Wall Street, some David-sized companies in Silicon Valley are cultivating new trends that will change people’s relationship with money.”
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Want to Develop and Publish a Mobile App? Demand is Real and Growing. A Compelling Idea, Solid Plan, and Choice of App Marketplace are Key. Jeffrey Drew at The Journal of Accountancy reports that with the digital delivery of products and services emerging as a top technology trend, CPAs are beginning to explore the development of mobile apps. What they have found so far is that the path to the Apple App Store can be riddled with pitfalls. Find out how you can create and distribute a mobile app that boosts your business or career.
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Royalty Rates in the Life Sciences are Under Increased Scrutiny. But Has That Caused Rates to Decline? Several medical manufacturers were accused of violating federal kickback statutes. Federal enforcement prompted many companies in the industry to review and revise the terms under which they collaborate with and pay healthcare professionals for contributions of time, know-how, and intellectual property. Ed Gold and the Invotex team examine how this has affected royalty rates.
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Appraisers Should Focus on Objectivity and Competence and Be Ready and Flexible to Deal with Unanticipated Challenges—From Vague Case Law to New Evidence to Erupting Personalities. Rand Curtiss expounds on his philosophy that business appraisal is about boundaries: limits on what we can do. Every work challenge is filled with a large number of people, each of whom have different boundaries. Business sellers want emotionally high prices. Plaintiffs want to destroy defendants. Taxpayers want to minimize taxes. Scenarios are complicated by the fact that a central problem in business appraisal is balancing the purely scientific with a bit of the…
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The FBI Says it Busted an 18-Person Ring that Spanned 8 Countries and 28 States. Make Up. Pump Up. Run Up. Daniel Gross at The Daily Beast explains: It’s not the latest exercise fad. Rather, according to the Justice Department and the Federal Bureau of Investigation, it’s the three-step process through which an 18-person ring allegedly committed a stunning $200 million credit-card fraud. Here’re the basics of how it worked. Read the full piece at The Daily Beast for all the detail on this scoop: The complaint, which can be seen here, describes what an FBI agent involved in…
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Consider Three Types of Private Preferred Stock Transactions, Each with Varying Degrees of Relevance to an Indication of Fair Value: Simple, Strategic, and Tranched Preferred Financing Last year, the AICPA issued guidance on evaluating private transactions with regards to their relevance in estimating the Fair Value of other securities within an enterprise via the back-solve method. The McLean Valuation Services Group recaps that guidance and explains what it should mean in practice. Appraisers need to carefully follow specific criteria and they need to exercise reasonable judgment.
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Six Days of Package Delivery and Five Days of Mail. Does This Mean Stamp Prices Will Go Down by 16¢? Michael Cohn at Accounting Today reports that the U.S. Postal Service said Wednesday that it will end Saturday delivery of letters starting in August, but will continue to deliver packages, in an effort to cut costs. More: The Postal Service expects to generate cost savings of approximately $2 billion annually once the plan for five-day mail delivery and six-day package delivery is fully implemented. The move could have an impact on accountants and their clients who need to receive…
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The IRS Has a Nationwide Organization of Approximately 2,000 Taxpayer Advocates to Help U.S. Individual and Business Taxpayers Resolve Problems. Here’s How It Can Help Advisors and Your Clients. Nina E. Olson is the IRS’s National Taxpayer Advocate. Since 2001, she has led the Taxpayer Advocate Service (TAS), a nationwide organization of approximately 2,000 taxpayer advocates who help U.S. individual and business taxpayers resolve problems and work with the IRS to correct systemic and procedural problems. In this capacity, she reports to Congress annually on the most serious problems taxpayers face in dealing with the IRS and proposes solutions.…
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Few Business Owners Seem to Even Know How to Make a Good Guess at What Their Business is Worth. NY Times Introduces Technology to Help—and Certified Advisers Provide Extra Value. Mark Cohen, at The New York Times Small Business Guide, reports: “At 53, Joe Ritz is old enough to remember a time when many of the classic cars that now pull into his specialized repair shop were new. “It’s one field where it pays to be a senior citizen,” he said. It’s Critical for a Business Owner to Know the Value of His Business; Here are Tips on Technology, Advisors,…
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Aswath Damodaran, NYU’s Legendary Valuation Expert, Recently Argues that there’s a 90% Chance Apple is Undervalued. Here’s Why. This comes in the wake of Apple shares’ breathtaking plunge from recent highs. (That’s be about $700 in September to $425 or so today.) In a new blog post, Sam Ro at Business Insider reports that Damodaran thinks that management can learn a few things from the recent market volatility, and he offers some advice. Here are his four tips verbatim (emphasis courtesy of Business Insider’s Sam Ro: Build up credibility with investors: The company has to regain credibility with investors. Apple…
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Fed Buying Is Having Profound Implications. Bond Vigilantes Have Been Selling Heavily and May Continue. That Means We Still We Won’t See Much of an Impact on Interest Rates. Paul Santos at Seeking Alpha claims you don’t need to worry about the bond vigilantes anymore. I, personally, have always been a big fan, and think they will return. But hey: This is Mr. Santos’ opinion piece, not mine, so I’ll let him cut to the chase. Santos doesn’t claim they’re in hiding. He simply claims they’re gone. Santos asks: “So when did the mass killings take place in the U.S.?…
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A Valuation Principal Takes Issue With Revenue Ruling 59-60: “Does Analysis of Macroeconomic Conditions Add Credibility to My Opinion of Privately Owned Company Value In My Region?” Rick Warner, ASA, AVA, Principal, Great Lakes Valuations writes that “Most of us as appraisers are familiar with Revenue Ruling 59-60 and its prescription for factors to be considered as part of the valuation of the stock of closely held companies . . . And while I agree with most of what 59-60 has to say, I do have a bone to pick . . . with at least one of the…