Archive

Archive for the ‘Current Thoughts’ Category

Investment Considerations, Tax Traps & Benefits

September 17th, 2009 Bruce No comments

A family member called me recently about the tax consequences of her “short sale” real estate transaction. In a situation that is common in this economy, her family had moved due to a job transfer. The former house didn’t sell, so they tried renting. The rental situation worked for a while, then the tenants had to move back to their former house when a relative didn’t keep a commitment to a “rent to buy” transaction. The family needs to move on. They are hoping their short sale is approved by the bank. Another concern was about the potential tax consequence of forgiveness of part of the real estate debt.

In another recent experience, I became acquainted with several investors who have had problems/questions about Florida real estate purchases and with qualifying for real estate professional status. What is apparent from these and similar circumstances is that the tax law doesn’t work the same in real estate for everyone. Depending on the filing status of the taxpayer, adjusted gross income, extent of work in the real estate field and a host of other factors, tax results can be dramatically different for different investors.  If you are thinking of investing in real estate now, due to the opportunity in the market, be careful, get informed, plan, but don’t be afraid. But,don’t assume that all of your losses will be immediately deductible. Like any other business, education, hard work and experience pay off.

In my consulting work in the energy sector, I have found that some operators are considerably more savy than others. Some companies understand creative financing, regulatory and investment strategies, others are less experienced. Regulatory factors are particularly important; real money must be spent to clear the necessary hurdles to navigate to the successful conclusion of projects and to profitable operations.  But, if all this is done an energy franchise can be extremely valuable over time.

Early in my career a gas pipeline holding company I worked for was acquired by another big outfit that was seeking to diversify its portfolio. They wanted to find a good “cash cow” to invest in to get out of the ups and downs of their cyclical business. portfolio They did find that, but the analysis that was done by Wallstreet bankers at the time was poor. I have seen the analysis. The bankers didn’t understand the business, and didn’t spot the hidden assets that made the project ultimately a success.  If the business had been what they thought, the transaction would have failed miserably. Hence, the need for careful due diligence and the involvement of people who really understand. Another factor in the success of the project was the value of the utility franchises that were owned by the acquiree. An analysis that looks primarily at existing assets can’t adequately capture the potential for growth project of such a franchise. Smart energy operators must understand the difference between regulated and unregulated profits, and how to generate high earnings.

An Optimistic Perspective on the Recession and Political Events

August 5th, 2009 Bruce No comments

Like many of you, I have been concerned about events over the past year or so, including the recession and the progress of political events as they impact business conditions. The value of my retirement accounts took a significant hit in spite of having a high quality, professionally managed portfolio. Most people who are nearing retirement experienced the same concern about declining asset values, forcing us to reevaluate our investment strategies and the length of our working lives.

While there is plenty I could complain about, the objective of this tome is to cite reasons for optimism and to bring a measure of perspective to these events.  I stress there that these ideas are my opinions, though I hope they will be helpful to you. The following factors are reasons to have hope about our future:  

Recessions Are Part of the Normal Flow of the Economic Cycle

Recessions have been a feature of economies around the world for hundreds of years. We have experience them before and will experience them again. In fact, we went a very long time since our last recession, so one was probably past due. It did not help, of course, that policy makers likely caused the real estate bubble that drove our economy into the tank.

While U. S. consumers have retrenched in their spending and are working on long-overdue corrections to their household balance sheets, they eventually will need to increase spending on cars, homes, major goods, vacations and Christmas. Consumer spending will rebound!  Inventories have now become relatively low, and will need to be replenished. These factors are very important to the lifting of the recession.  I think consumer lack of confidence, in large part, has been caused by uncertain political events and unprecedented government spending, but those factors are also likely to be modified.

Political Swings Have a Way of Self-Correcting

We are seeing the start of a self-correcting political cycle. Overreaching policy makers are beginning to see the consternation of the general public about excessive spending and aggressive health care plans. While we all want improvement to health care, the public is starting to demand a better remedy. Even if some poor policies are enacted now, remember that by 2010 the public must be satisfied or there could be major changes in the House and Senate.  Even the United States is not immune from economics; it can’t sell an unlimited amount of debt.  One of the strengths of our political system is that when the pendulum swings too far from center, then changes are made to force a more moderate course. Even enacted legislation can always be changed by a future Congress. Therefore, I am optimistic that over time reasonable policies will be enacted. We might remember that strident news is created to sell, not to inform.

Reasons the Earnings of Companies Will be Higher in the Future

The discipline of the recession is forcing companies to get even leaner and meaner. This is good. While it  hurts those who are laid off, our overall economic efficiency is improved as companies are forced to reduce fixed costs and to increase their operating leverage.  What I mean here is the well-known fact discussed in financial text books that companies who increase their operating leverage can improve their ability to generate higher net income increases in the future.  

Have you ever noticed that percentage sales increases or decreases don’t match changes in profits?  In large measure this is due to a company’s built-in operating leverage. In other words, once fixed costs are covered, an increase in sales brings a greater than proportionate increase in net income.  This also works in reverse during recessions; reductions in revenues bring greater than proportionate decreases to net income.  So as our economy rebounds, corporate profits are likely to rebound at a greater percentage of increase than is reflected in the percentage of sales increase. This will help the value of your retirement accounts because stock valuations reflect expectations for future profits. Neat, huh!!  This fact helps to bring some perspective on cycles of economic change and what they really mean to your own finances.

Well, Will My Portfolio Rebound?

Really, who knows!  But, based on my own experience as an investor and training in this field, I think the most important thing is to construct a high-quality portfolio that will suffer less of a decline in downturns and have a greater probability of rebounding as the recession ends and the vagaries of the stock market occur. In doing this, just a word about what is relevant and what is not. Relevant to an investor’s decisions are realistic expectations about future events. Not relevant are losses already realized; they are water under the bridge that you can’t change.  We should not hold on to poor investments for long periods of time just in the hope of a rebound; neither should one overreact to temporary declines in value by selling at the market low point.

The tricky though only relevant question is – how will the investment perform in the future?  You might consider whether the decline was just in “lock step” with the overall market, or was the decline due to company specific factors suggesting that the investment is not likely to rebound quickly, if at all?  Depending on the type of investment, relevant indexes are available, such as the S&P 500 index, to help one sort through this question. Becoming knowledgeable about your investments is important.

I think that your portfolio will likely rebound or improve, as long as you have a high quality portfolio, because earnings will likely rebound for the reasons I explained above. If you don’t have a high quality portfolio, then remember that you are in control of that decision. I caution that because investments are such a personal decision, a professional advisor approach is probably best for most people. This helps you avoid the tendency to overreact and buy or sell out at the wrong times. Buying and selling decisions are both very important.  How you liquidate your retirement portfolio is just as important, and may be more important, than how you go about building the portfolio in the first place.

What Else Gives You Optimism?

A number of factors provide a great deal of optimism about the future. Our economy and land are the home of the free and the creative!  We now have fantastic new tools, such as the internet, PCs and Blackberries, available to all to enable business wherever and whenever we choose to do so.

We have an egalitarian society.  A great deal of opportunity is open to all who are smart, creative and dedicated.  Yes, uncertainty has increased, but opportunity has increased as well. I hope this piece will give you reasons to look for the “silver linings” rather than just the problems as you confront your day today.

Attack Against Gas Well Hydraulic Fracturing Fluids Heats Up

July 7th, 2009 Bruce No comments

What is the Dispute About?

In recent weeks a new and important states rights vs. Federal control issue has surfaced in the natural gas patch. The reason this dispute is important is that the result could potentially restrict development of the newly discovered-to-be-economic large shale natural gas plays in the U.S. These fields are primarily in Texas, Louisiana, Arkansas and Pennsylvania. The producer community is very alarmed and distrustful of the proposed new Federal drilling fluid disclosure rules, while environmental forces are claiming a need for more information to ensure the purity of water supplies that arguably might become polluted by drilling chemicals.

Who Introduced the Legislation?

According to Energy In Depth, the legislation introduced in Congress on June 9, 2009 by “…U.S. Reps. Diana DeGette (D-Colo.), Maurice Hinchey (D-N.Y.), and Jared Polis (D-Colo.), along with Sen. Bob Casey (D-Pa.) in the Senate,seek[s] to impose new restrictions on a safe and commonly used energy technology known as hydraulic fracturing – an essential technique for extracting hard-to-reach domestic energy while limiting disturbance to land. The legislation… is based on the notion that hydraulic fracturing is unsafe, unregulated, and that it benefits from a special exemption to federal law.”

What is the Major Political Issue?

The fact is that hydraulic fracturing is a long-tested drilling technique that is regulated by that states. However, proponents of the legislation claim that the failure to federally regulate the drilling fluids is an unacceptable exemption in 2005 Energy Legislation meant to benefit companies like Halliburton. They argue that disclosure of the content of the fluids is essential to protect ground water. Producers point out that most of the fuids are composed of water, and only a small amount of chemicals similar to those used in households are in the fluids.

I will continue to monitor this important economic issue and would be interested in your comments.

For more information, see the following links:

http://tinyurl.com/lpxzhl
http://www.pogam.org/news/view.asp?pID=1176
http://tinyurl.com/lxxdqm
http://www.energyindepth.org/wp-content/uploads/2009/06/friday-fact-check.pdf
http://www.energyindepth.org/2009/06/hinchey-no-need-to-put-hf-sdwa/
http://tinyurl.com/okecg2
http://tinyurl.com/nzsvge
http://tinyurl.com/md72f6
http://tinyurl.com/lv7dl4
http://waterunderattack.com/action-partners.php

Twitter Links

June 25th, 2009 Bruce No comments

    follow me on Twitter


    Categories: Current Thoughts Tags: