Those who care about simplifying the U.S. Tax Code deserve to know why parties shaping the historic transactions decided that the benefit of "tax loss carry-forwards" should flow to investors in New GM securities, rather than evaporate as was long-standing practice.
Instead of explaining how New GM did in the first quarter of 2014 compared to the first quarter of 2013, or in 2013 compared to 2012, management should make a full accounting for actual performance against original estimates.
Contrasting How the Federal Government Investigated Toyota and GM
Federal regulators and law enforcement personnel should ensure that manufacturers and dealers only sell vehicles in the U.S. that conform to reasonable safety standards.Details now dribbling out from GM and from regulators already paint a disturbing picture going well back before 2009 of GM's attitudes towards assuring safety, about bad choices individuals made and about egregious lapses in the effectiveness of management and board level oversight. For lesser offenses, Toyota (TM) suffered mightily starting early in 2010, just as New GM was struggling to mount a recovery. Recently, Toyota entered into a deferred prosecution agreement and agreed to pay a $ 1.2 billion fine. Those involved with restructuring GM assert that they knew nothing in 2009 concerning the faulty ignition switch safety issues that swirl now. Yet how could no one have known enough about these issues affecting GM inside the federal government while they so actively investigated GM's toughest global competitor? An unrefuted suggestion of unequal treatment under our laws creates a potent license to practice favoritism against American companies in key foreign markets. Empowered Investigators Need to Re-Examine the Entire GM Timeline Books have been written and a presidential election won asserting that General Motors was truly saved through extraordinary actions led by the Obama administration and chiefly financed by American taxpayers. The timeline is complicated, and the accounting is complex, especially if we challenge investigators to consider more than what happened just with money invested to resurrect New GM. However, the bottom-line result is simple to explain. Before Nov. 16, 2010, U.S. government officials embraced a plan to sell New GM securities on a basis where taxpayers ultimately failed to earn a fair and reasonable financial return on capital sums invested. The public deserves to know much more than we presently do. This article represents the opinion of a contributor and not necessarily that of TheStreet or its editorial staff.