Related party rentals – what’s the big deal?

As long as the tax code has been in place, people have looked for ways to shift income, reduce their liability and increase their cash flow. And, as an owner of a small business, rent expense has been an area that has allowed some creative accounting. However, the IRS has taken notice of this area …

Keep Reading

Preference Analysis – The Pillowtex Decision

On April 14, 2010, Judge Kevin J. Carey, Chief Judge of the United States Bankruptcy Court for the District of Delaware, issued a decision in the Pillowtex bankruptcy case that has significant implications with respect to the ordinary course of business (“OCB”) defense. Pillowtex filed for bankruptcy prior to the 2005 expansion of the preference …

Keep Reading

Compilations, Reviews, and Audits – What’s the Difference?

Banks and other interested parties are increasingly requesting financial statements prepared in accordance with generally accepted accounting principles (or other applicable financial reporting framework) that have either been compiled, reviewed or audited by an independent Certified Public Accountant.  There are varying degrees of service and reliability provided by a compilation, review or audit engagement so …

Keep Reading

Adoption of A Capitalization Policy

One of the ways a Henry & Horne auditor can add value to a client’s audit, is to provide recommendations for client staff economies in bookkeeping.  Over the past year, one of the recommendations that I have been able to make is the following: In small governments (e.g. Special Districts), an often overlooked item is the …

Keep Reading

401(k) Plan Fees: Various Types and Who Pays

Are you considered a Fiduciary for your Company’s 401(k) plan?  Are you a participant in your Company’s 401(k) plan and looking to get answers on what the different fees are that you are paying to be a participant?  If you answered yes to either of these questions, read on for explanations on a variety of …

Keep Reading

Ponzi schemes: an overview

Often, when people find out I am a forensic accountant, they will ask me about widely publicized cases involving fraudsters, such as Bernie Madoff, who is currently serving a 150 year sentence in prison for orchestrating a multi-billion dollar Ponzi scheme. During 2010, the SEC filed forty-seven enforcement actions involving Ponzi schemes. Sometimes I am …

Keep Reading

Audit Requirements for Terminated Plan

As 401(k) auditors we are frequently asked “How long does a company have to have an audit for a plan that is terminated?”  Unfortunately as companies struggle during these tough economic times, plans are being terminated both as an effort to save costs or because the company has closed its doors.  As part of the …

Keep Reading

When are legal settlements taxable?

According to the IRS, “all income is taxable from whatever source derived, unless exempted by another section of the Code” (IRC Section 61). How does that affect monetary awards in legal settlements? Awards and settlements can be broken into two separate groups to determine whether they are taxable or not. The first includes claims relating …

Keep Reading