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CARDOZO LAW REVIEW
[Vol. 19:1
and is both complicated and controversial-so much so that its im-
position, originally scheduled for 1989, was postponed for a year.
When implemented, the new rule will affect us in various
ways
.
Most important, we will be required
to change the way we
calculate our liability for deferred taxes on the unrealized apprecia-
tion of stocks held by our insurance companies.
Right now, our liability is layered. For the unrealized appreci-
ation that dates back to 1986 and earlier years, $1.2 billion, we have
booked a 28% tax liability. For the unrealized appreciation built
up since, $600 million, the tax liability has been booked at 34%.
The difference reflects the increase in tax rates that went into effect
in 1987.
It
now appears, however, that the new accounting rule will re-
quire us to establish the entire liability at 34% in 1990, taking the
charge against our earnings. Assuming no change in tax rates by
1990, this step will reduce our earnings in that year (and thereby
our reported net worth) by $71 million. The proposed rule will also
affect other items on our balance sheet, but these changes will have
only a minor impact on earnings and net worth.
We have no strong views about the desirability of this change
in calculation of deferred taxes. We should point out, however,
that neither a 28% nor a 34% tax liability precisely depicts eco-
nomic reality at Berkshire since we have no plans to sell the stocks
in which we have the great bulk of our gains.
A new accounting rule is likely to be adopted that will require
companies to reserve against all gains at the current tax rate,
whatever it may be. With the rate at 34%, such a rule would in-
crease our deferred tax liability, and decrease our net worth, by
about $71 million-the result of raising the reserve on our pre-1987
gain by six percentage points. Because the proposed rule has
sparked widespread controversy and its final form is unclear, we
have not yet made this change.
. . . [W]e would owe taxes of more than $1.1 billion were we to
sell all of our securities at year-end market values. Is this $1.1 bil-
lion liability equal, or even similar, to a $1.1 billion liability payable
to a trade creditor 15 days after the end of the year? Obviously
not-despite the fact that both items have exactly the same effect
on audited net worth, reducing it by $1.1 billion.
On the other hand, is this liability for deferred taxes a mean-
ingless accounting fiction because its payment can be triggered