Legislative, Regulatory & Legal

By Scott Balestrier & David Des Roches, BDO.com 
 
Proactively managing taxes should always be top of mind for businesses at year-end. Recent Congressional actions and extension of the Bush-era tax cuts are serving as this year’s reminder. As many retailers seem to be returning to profitability, there are several tax and accounting opportunities that should be considered.

Atlanta - U.S. regulators have sued a former sales executive at Carter’s Inc., claiming that he caused the company to misstate earnings by hiding the cost of discounts given to a retailer. 

According to a Monday report by the Securities and Exchange Commission, Joseph Elles induced Kohl’s Corp. to boost purchases from Carter’s from 2004 to March 2009 by granting unauthorized discounts that he didn’t disclose.

ARLINGTON, Va. and WASHINGTON - The National Retail Federation and the Retail Industry Leaders Association both issued statements supporting the final passage of a bipartisan agreement for extending critical individual and business taxes.

The word competition gets tossed around a lot in the retail industry as operators talk about market positioning -- who they do and don’t compete with. Oftentimes, companies will refer to direct competitors, but one thing about Walmart is that it has always tended to take the broad view of competition in that any company, no matter how small, who sold anything offered at Walmart was viewed as a competitor.

MONTVALE, N.J. — Bankrupt grocer A&P has announced that the U.S. Bankruptcy Court for the Southern District of New York has approved the $800 million debtor-in-possession financing provided by JPMorgan Chase. Of the total DIP facility, a $350 million term loan immediately has been made available.

As previously reported, A&P filed for bankruptcy on Sunday and will keep its 395 stores open and operational during the proceedings.

In addition, the court granted A&P's motion to approve its request for "first day orders," including:

WASHINGTON - The National Retail Federation announced that it has urged the Senate to support legislation extending Bush era tax cuts that is scheduled for a procedural vote today, saying the measure would help preserve and create jobs.

Victoria, Texas -- Lack Properties and Lack’s Stores said Thursday it has hired Melville, N.Y.-based DJM Realty, a Gordon Bros. Group company, to manage the disposition of all leased and owned retailer and warehouse facilities throughout Texas.

Lack’s is an independently owned retail home furnishings chain operating as Lack’s and Lacks Home Furnishings.

New York City -- Wal-Mart Stores will stop paying an additional $1 an hour for working Sundays, taking a bite out of its single biggest expense, Bloomberg reported. The change will take effect at Walmart stores, Sam’s Club outlets and warehouses.

The move, which takes effect next year, applies only to associates hired after Jan. 1, the report said. It wouldn’t affect the retailer’s current U.S. staff, which numbers approximately 1.4 million.