Adding Onion to the Accounting Burger: The Tom Selling Interview

Ever read The Accounting Onion? It’s a great addition to our profession’s giant accounting sandwich. Find out more about its creator, Tom Selling PhD, CPA, in this delightful, informative interview. You’ll never think about an onion the same way.

Q: What would you most like the accounting profession to know about what’s going on in Washington D.C.?
Ever since the FASB and IASB have embarked on convergence, it seems that the SEC has disengaged itself from accounting standard setting. The result, I believe, is that standard-setting projects take forever; because there is no longer a credible threat that the SEC could preempt a stalled or misdirected process by issuing its own guidance. For example, it seems to me that bankers, and not the SEC, are effectively the clients for the proposed loan impairment standards. The bottom line is that I don’t think the SEC is doing its part to ensure that low-quality accounting standards will not play a role in any future financial crisis.

Q: How did The Accounting Onion come about?
I took early retirement from university teaching about seven years ago.  I have to say that the 25-year cumulative effect of petty politics from life as a faculty member was becoming unbearable; so I reluctantly left classroom teaching to focus on my consulting practice and a software company (www.grovesite.com) I had started with two other partners. I knew that a web presence would be essential for visibility and networking, and I had also discovered that search engines particularly favored blogs, ostensibly because of the relatively more current content that blogging generated — as opposed to static websites.   But, those practicalities aside, I think that blogging was also providing me with a source of stimulation that I missed by no longer being in academia on a day-to-day basis.

Q: I love how you describe The Accounting Onion with the line: “Peeling away financial reporting issues one layer at a time.” What motivates you to keep that garden growing?
I don’t know if “motivation” any longer describes what drives me to blog. It feels more an addiction! Seriously, I do miss the classroom, and I’m fortunate that blogging to inform my readers, and perchance to provoke decision-makers, has been a very fulfilling experience for me. You’re supposed to blog about what you know, and I was worried at first that I would run out of pet peeves to write about in fairly short order. But, even though my perspectives and philosophy on financial reporting have stayed relatively fixed, events like the financial crisis, international convergence and other regulatory developments continue to add to the complexity and uncertainty of the financial reporting environment. For me, as a blogger, it’s been like a gift that keeps on giving.

Q: The world of accounting has obviously changed dramatically during your lengthy career. What has surprised you in terms of what public accounting firms have done (or not done)–both positively and negatively?
The professional ethics rules emphasize that the “P” in CPA is paramount. Our government-granted franchise as gatekeepers to the public capital markets must be predicated on the principle that conscience, rather than the financial bottom line, will drive our actions as professionals— both individually and as firms. This, I believe, is the real “expectations gap.” Everybody knows to a certain extent that, even in ideal circumstances, audits and other assurance services are not panaceas. But, perhaps starting with the Enron debacle, the public is starting to realize that there is little to differentiate the motives and actions of the AICPA from other powerful and widely resented political lobbies. I have been a member of the AICPA for about 35 years, and this more than anything disappoints me.

On the bright side, though, I never cease to be amazed at the quality of reference resources that the international firms put out on the web for free. The Accounting Standards Codification by the FASB has largely been a very positive development; however sometimes it can make both new and old standards more difficult to read, in part because the topical organization of the Codification means that the main message of a standard is dispersed and no longer self-contained in one relatively readable document. Perhaps, the firms realize this shortcoming, and that’s one reason why they do such an excellent job of providing summaries, detailed explanations and examples. It seems like the firms compete with each other to have the highest quality free materials, and I am extremely grateful for that.

Q: What have been some of the key things you’ve learned throughout your career? What might you do differently if you could go back in time?
That’s a difficult question for me to answer, because I’ve always enjoyed my work and have had a great life, in no small part due to my wonderful family. I really do consider myself extremely fortunate to be able to enjoy learning and working.  I suppose there are times when I could have been more diligent or humble enough to admit my ignorance and seek one-on-one support. I have come to realize that conventional education formats were not always the most suitable learning environment for me. I think that’s why I have a lot of empathy for students who don’t get the message the first time around, and it’s also why the emergence of new learning technologies excite me, and make me want to try them in a classroom setting.

Q: What’s in the future for Tom Selling?
I wasn’t kidding when I said that blogging had become an addiction! I’m not getting any younger though, and I would really like to transition from consulting to serving on audit committees of boards of public companies. I recently accepted a part-time position at SMU where I’ll be teaching accounting theory and M&A to both their graduate and undergraduate students. The prospect of going back into the classroom makes me as excited about my future as the day I realized that I had changed my last diaper.

Tom Selling

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The Best Accounting Joke In The History of The World? Well, Maybe Not…

We’re almost to April 15. In that spirit, enjoy this fine accounting joke! Pass the link around to your co-workers, clients and referral sources.

A local bar was so sure that its bartender was the strongest man around that they offered a standing $1,000 bet. The bartender would squeeze a lemon until all the juice ran into a glass, and then give the lemon to a patron.

Anyone who could squeeze another drop of juice out would win the money. Many people tried, but no one could do it.

One day a scrawny little man came in, wearing thick glasses and a polyester suit. He said in a squeaky voice, “I’d like to try the bet.” After the laughter died down, the bartender grabbed a lemon and squeezed it. Then he handed the wrinkled remains of the rind to the little man who clenched it in his small fist.

Soon the crowd’s laughter turned to total silence as six drops of juice fell into the glass. As the crowd cheered, the bartender paid the $1,000 and asked the little man, “What do you do for a living?”  The little man replied with a winning smile, “I work for The IRS.”

Lemon Drink

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On This Sunny Afternoon, The Tax Man’s Wanting to Tax the Dough

Is the double-edged sword striking down on that lunchtime chicken salad sandwich? I’ve often wondered when Silicon Valley’s culture of providing meals to employees at all hours–and I’m speaking of Google, Facebook and other companies in this free food mix–would be more of a hot Tax vs. Don’t Tax topic. Well, my friends, that day is officially here.

While this debate has certainly come up in the past, the lunch wagon has it on the front burner again, most likely because the IRS is on a mission to scrape up dimes in the gutter with a putty knife.

Looking at both sides of the controversy, on the pro-tax view of those company-provided lasagnas, smoothies and various cookies, crème puffs and gelatins, I venture to say that the average employee at these companies is enjoying at least a couple of thousand dollars a year in free eats and drinks. That’s clearly compensation and should be taxed.

Now, for the anti-tax view, it can all be taken in the same “de minimis” vein as the free donut and coffee of yesteryear. Why? Today’s work culture has changed. These companies that go to great lengths and costs to establish a high level of perks feel that they must do so in order to remain competitive with recruitment and retention in their respective industries. Few would argue that fact, I think. With that being the case, it doesn’t seem right to tax the free salad bar and barbecue hut, does it? If a Yahoo employee has to declare these edible fringe benefits as compensation, does that really seem fair?

What do you think about this issue? This matter isn’t in the same realm as a public accounting firm bringing in evening meals during busy season…this is a whole other kettle of fish. Drop it like a hot potato, IRS.

Cucumbers

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The Foggy Crystal Ball of Early April

Every once in a blue moon a public accounting firm’s post-April 15 celebration party gets a little out of hand or it results in someone making a very bad error in judgment. Fortunately, that scenario doesn’t happen very often. When I worked at an accounting firm I think the most out-of-character thing that ever happened was someone having an extra beer or two (or far too much sausage and sauerkraut the one year we had the festivities at a German restaurant). What will the crystal ball see this year for the evening of April 15?

One of the latest trends in food marketing is to slap the word “protein” on the packaging, which apparently is driving such products to sell faster than vitamin-stoked hotcakes. I wonder what the crystal ball sees next in the food world? For instance, did anyone see this Greek yogurt wave coming? Fantastic yogurt, but it’s out of control, brother.

Of course, what we really care about is the next big trend in the accounting profession. What does the crystal ball see for the rest of this year and next year? So many people were banking on this being a huge M&A year in public accounting. Will that be how it plays out?

What do you think is behind the fog in that mystical future-telling window to the accounting world?

??????????

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IRS Concludes Open-Air Parking Garages are Buildings

The Curator offers this insightful article by Kreig Mitchell. It’s interesting. Enjoy.

IRS Concludes Open-Air Parking Garages are Buildings
By Kreig Mitchell

In recent Chief Counsel Memo #20125201F, the IRS concludes that open-air parking garages are considered buildings rather than land improvements for tax purposes and that a taxpayer’s conclusion to the contrary warrants the assessment of a negligence penalty.

Classification as a building or land improvement presents a timing issue. A building generally has a 39-year recovery period for depreciation purposes, whereas a land improvement generally has a 15-year recovery period. The shorter recovery period for property classified as a land improvement generally produces a larger depreciation deduction in the current tax year.

According to field advice handed down by the IRS, a taxpayer made several arguments as to why his open-air parking garages were land improvements and not buildings.  The taxpayer argued that:

  • The applicable regulations are invalid as they depart from the legislative history;
  • The garages are not buildings because they do not have floor-to-ceiling walls, a conventional roof, and they do not share supporting structural elements; they offer only minimal shelter from the elements or protection from vandalism and theft and their primary purpose is storage of vehicles; and
  • The garages are land improvements because they are merely parking lots stacked one on top of another and not “garages” as that term is commonly understood.

The IRS field advice rejects each of these arguments based largely on a literal reading of the applicable regulations and certain concessions in the taxpayer’s submissions. This is consistent with Coordinated Issue Paper LMSB4-0709-029, which the IRS made public in 2009.

Despite assertions from the IRS, it is not altogether clear that the taxpayer’s position is incorrect or whether the taxpayer’s facts warrant the imposition of a negligence penalty. It is also not clear whether the IRS would reach the same conclusion if the facts were slightly different, such as if the parking garage was designed in a way that no one floor functioned as a roof for a lower floor, if the parking garage was situated entirely underground, or if the parking garage had an additional primary function–such as storage for supplies, tools, or other equipment.

If anything, this field advice serves as another warning to taxpayers that a contrary position will be challenged by IRS examiners and may have to be resolved by the IRS Appeals Office or the courts.

About the Author
Kreig Mitchell serves on the advisory board of Engineered Tax Services and is tax attorney focused on federal and state research tax credits and incentives and tax controversies. During his career, Kreig has worked as a tax attorney in private practice, a tax consultant for a research tax credit firm, and an attorney and appeals officer for the IRS. He is also the author of Research Tax Credits, a book published by the American Law Institute-American Bar Association and his research tax credit articles are in a number of well-respected tax publications.

ETS Disclaimer
The article is designed to provide authoritative information on the subject matter covered. However, it is distributed with the understanding that the publisher, editors, and authors are not engaged in rendering legal, accounting, or other related professional services for your client base. Consequently, it is your responsibility to exercise all of the necessary measures to ensure proper tax preparation and tax advisory services for your client base.

Circular 230 Disclaimer
Circular 230 Notice: In compliance with U.S. Treasury Regulations, the information included herein (or in any attachment) is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of i) avoiding penalties the IRS and others may impose on the taxpayer or ii) promoting, marketing, or recommending to another party any tax related matters.

Parking Garage

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Paying It Back

Easing the burden on military families during tax season…sounds like a great idea, doesn’t it? The Ohio Society of CPAs has an initiative that offers free tax preparation services to Ohio military families this tax season. Operation CPA is the name of the program; the intent is for Ohio CPAs to prepare tax returns free of charge for deployed troops. Regardless of where you live, whether you’re a CPA, EA or otherwise…is there anything you or your company/firm can do to assist America’s military personnel?

“Operation CPA has helped over 400 military families since it was launched in 2005,” said Amy Johnson, OSCPA’s Vice President, Communications. “This program is a way for CPAs to say thank you to the men and women serving our country.”

“I think that these families, not just the soldiers, give so much to protect me and my home. It’s the least I can do to repay their service,” said Operation CPA volunteer Elizabeth Kroll, CPA of Pease & Associates Inc. in Cleveland.

I love the idea of this program and others like it. As I sit here typing in my safe, dry, warm office enjoying life’s freedoms, I find myself feeling extremely grateful for the sacrifices made by those brave folks who serve in the military today–and for those who served in the past. We truly would not be here without them. Thank you.

Lane County Area Soldiers Reunite With Families

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Leaving it on the Table

At a recent CPE session that I attended titled “Worker Classification: Why It Matters Now More Than Ever,” the presenter, Brigid Heid, J.D., of Carlile Patchen & Murphy LLP, commented, “When the Department of Labor knocks on a clients’ door, they look at everything.” Brigid also noted she’s seeing:

–a level of increased government enforcement
–more investigations and audits on businesses
–increased sharing of information between the IRS and the Department of Labor

Why? Revenues have been lost, now resulting in greater efforts by government agencies to better level the playing fields–and attempts to recover those revenues. Heid commented further, “They’re currently leaving a lot of money on the table.”

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Just Because You Can, Doesn’t Mean You Should

Deferring payment in order to ease the pain of filing bankruptcy feels as wrong as punching your grandmother. Trying to wipe away $25.7 million in debt in bankruptcy court and also hang onto $1.2 million in retirement accounts and personal property, Arkansas football coach John L. Smith is clearly not in a position to be teaching ethics courses. By deferring 71% of his Arkansas pay until several months after his bankruptcy filing, Smith could keep it away from his creditors. Naturally, this move raises legal questions.

There’s a line from the song “Caravan” by Canadian rockers Rush that reads: “In a world where I feel so small I can’t stop thinking big.” Apply that to the weaselly coach and, in my opinion, the line becomes “Living large, living wrong.” Whatever advisors this clown has should be ashamed of themselves.

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Press Release on the 250th Blog Post

I Want Lindsay Lohan To Do My Taxes

In a sleepy fog the other morning, I dreamt that Lindsay Lohan was in charge of doing my taxes. A CPA or EA she is not.

Lindsay Lohan is reportedly set to earn around $2 million this year. What an odd coincidence that she recently tweeted to President Obama that we need to cut taxes for those “that are listed on Forbes as ‘millionaires.’” Granted, Lohan is in support of lower taxes for all—not just the wealthy. I’ll give her that, but c’mon, Lindsay, is urging that taxes be lowered for ‘millionaires’ really the card you should play?

I only want Lindsay Lohan to do my taxes in the fictional dream world. Seeing her slaving away in a tax department at PwC, though, might help her clean up her act.

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Does the State Auditor Need to Be a CPA?

Leave it to Utah to do things differently. The state does not require its state auditor to be a CPA. Seems odd, doesn’t it? For the first time in 40 years, though, Utah is about to elect a state auditor who is not a certified public accountant. Critics say this is akin to having a non-attorney as the attorney general, while others say it’s not a big deal. What do you think?

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