May 22, 2002
Jonathan G. Katz, Secretary
Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549
Re: File No. S7-08-02
Dear Mr. Katz:
As Principal Financial Officer and Principal Accounting Officer for six Real Estate Limited Partnerships (Capital Realty Investors series, and CRI Hotel Income Partners, L.P.) which file Forms 10-KSB and 10-QSB, I am pleased to provide comments concerning the proposed rule regarding the acceleration of periodic report filing dates.
I urge the Commission to cancel this proposed acceleration. Among many reasons are the following.
1) The proposed rule states that ". . . due dates have not changed in over 30 years, despite advances in information technology and productivity. . . ." APB No. 24 was issued in April 1972, 30 years ago. Since then, APB Nos. 25 through 31, and 145 FASBs, have been issued, in addition to a large volume of accounting prouncements from the EITF, the SEC, and others. I counter that, only because of the advances in information technology are Registrants able to meet the current deadlines in light of vastly more complex accounting rules. (By way of comparison, these same advances have not spurred the IRS to accelerate our tax-filing deadlines in light of ever more complex tax laws. Proportionally, our 1040s would be due each March 10, with only a one-month extension available.)
2) The proposed rule states that the Commission's ". . . preliminary estimate is that the amount of time necessary to prepare the reports . . . would not change." The implication is that there is no additional monetary cost. Whether the time burden is spent by the Registrant or its outside advisors (and auditors), to compress 45 days of work into 30 days (for each Form 10-Q), at its simplest, implies 50 percent personnel overtime, which not only is not free, but is even more costly than "straight" time. A similar comparison could be made about compressing 90 days of work into 60 days (for Form 10-K).
I would like to close by quoting a long-ago CPA mentor, when he spoke of the pressures to prepare and deliver early Federal tax form K-1s to limited partners: "Mike, they will never remember if the K-1s were late, but they will remember if the K-1s were wrong." Likewise, investors and the market will hardly notice if Form 10-K is filed in 60 days instead of 90, or if Form 10-Q is filed in 30 days instead of 45. However, they will remember if the Forms were incomplete, misleading or inaccurate. How many newspaper articles in the past year have been about the timing or lateness of Forms 10-K or 10-Q? About misleading or inaccurate Forms 10-K or 10-Q?
Thank you for the opportunity to comment on the proposed rule regarding the acceleration of periodic report filing dates.
Michael J. Tuszka
Vice President of C.R.I., Inc.