First, I must say I'm still blushing over Yoshie's generous compliments.

Second, stock options should be expensed. They are a component of
employee compensation just like salary or cash bonuses.

Ironically, every congressional and corporate debate to the contrary
uses the argument that stock options ARE compensation as the reason for
them NOT to be treated AS compensation.

As it stands, corporations can deduct stock options as wages on their
income tax returns. They have no difficulty determining stock option
values for this purpose.  Yet, the related costs don't impact net
income. The result is tax liability reduction and net earnings
overstatement.

Senator Joseph Lieberman last year argued that attempts to place a
precise value on stock options will only confuse investors. (The same
logic - still in place - allowed Enron and other corporations to abuse
derivative trading disclosure) Apparently, confusion is a greater evil
than deception.

That selective use of stock option valuations causes significant
earnings inflation. Even Alan Greenspan (a man oblivious to the inequity
of the entire tax system) noted the result of the practice was corporate
earnings inflation of 6-9%. This is beside the fact that 66% of US-based
corporations pay no federal taxes anyway.

It is interesting that the writer of the article is on Intel's policy
board. Last August, Intel said it would have posted net income of $606
million for the second quarter of 2003, instead of the $896 million it
did post if it had used the FASB's suggested fair-value method. But,
hey, what's a 48% lie between corporate and congressional friends?

In the end, the issue is one of integrity. Expensing expenses provides a
more accurate picture of a company's true financial condition, period.
For various Congressional factions to impede the transparency process is
to enforce continued corporate mugging from the investing public.


Nomi Prins

-----Original Message-----
From: PEN-L list [mailto:[EMAIL PROTECTED] On Behalf Of Sabri Oncu
Sent: Friday, May 28, 2004 7:09 PM
To: [EMAIL PROTECTED]
Subject: [PEN-L] Options expensing

What does our Nomi say about this?

Best,
Sabri

+++++++++++++++

Congress is right to challenge options expensing
By JAMES GLASSMAN
Financial Times / May 27, 2004 Friday

A battle has erupted between the US House of Representatives and the
Senate
over an accounting rule that could profoundly affect the way
fast-growing
companies do business and whether the economy continues to thrive.

The issue is how to treat stock options, but the point of contention is
whether questioning the actions of a private accounting board is
interference in the work of independent professionals or the responsible
discharge of a legislator's duties.

Companies award options that executives and other workers can cash in
years
later if the stock price rises. Since no one knows what the options will
be
worth, it is impossible to value them accurately at the time they are
granted. Yet the Financial Accounting Standards Board, the private body
that
sets US accounting rules, has been waging a long war to require options
to
be treated as expenses.

In 1972 the FASB's predecessor ruled that options need not be treated as
expenses "because of the concerns that (they) could not be reliably
valued".
But now the bureaucratic wheels are turning. The FASB issued its
official
proposal on March 31, with comments due by June 30. If it has its way it
will institute options-expensing next year.

Under current rules companies can choose to provide information in their
financial reports about their options obligations, to estimate the
expense
without placing it on their profit-and-loss statements, and to show the
impact on earnings as it occurs. Eliminating that choice is very
worrying
for policymakers, not to mention the many US corporate leaders who rely
on
options to attract motivated employees. With the FASB's new rule in
effect,
earnings for companies in the Standard & Poor's 500 stock index would
have
been 11 per cent lower in 2003 and 19 per cent lower in 2002.

Executives say they will have to cut or eliminate their options
programmes
as a result. George Chamillard, chair man of Teradyne, the chipmaker,
says
options have become an important recruiting tool for Asian companies,
and
the US is losing some of its brightest engineers.

It was these concerns that earlier this month caused an influential
subcommittee of the House of Representatives to approve a bill that
would
stop the Securities and Exchange Commission, the main financial
watchdog,
enforcing the FASB rule. The bill would oblige companies to treat as
expenses only the value of options granted to a company's top five
executives. It would also exempt small companies from having to treat
options as expenses and would delay expensing by new companies for three
years.

The bill, introduced by Richard Baker, the subcommittee's chairman, has
a
good chance of passing the House, but there are objections in the
Senate.
Richard Shelby, who heads the Senate banking committee, does not want
Congress threatening "the independence of the FASB". He says the board's
success "depends on its ability to remain insulated from the political
process", and that a misguided assault is under way. Mr Shelby is a
smart
legislator, and there are respectable reasons to support the FASB's
decision, but the senator's concern about "interference" is itself
misguided.

In 1973 the SEC subcontracted its responsibility for setting "financial
accounting and reporting standards for publicly held companies" to the
FASB
while maintaining ultimate control. Just as they oversee the SEC, the
US's
elected representatives have the authority - as well as the moral and
legal
obligation - to review the activities of the FASB, especially when its
decisions can imperil the US economy.

The FASB has a single mission: "to establish and improve standards of
financial accounting and reporting for the guidance and education of the
public". Federal policymakers have a far broader mission. Even if the
FASB's
expensing proposal were cogent from an accounting and financial
viewpoint -
which many doubt - Congress has a duty to consider its economic impact.

Mr Shelby is correct that Congress should not intervene in the FASB's
normal
work nor "politicise the rule-making process". But that is not what is
happening. Instead, Congress is doing its duty. Mr Baker and more than
100
others in the House, plus many in the Senate, believe the FASB is moving
down a path that could harm the US's competitive advantage in high
technology. They want to slow the options-expensing express, and would
be
negligent if they did not take action to do so.

The writer, a resident fellow at the American Enterprise Institute and
host
of the website TechCentralStation.com, is a member of the policy
advisory
board of Intel, which makes extensive use of employee stock options.

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