Wednesday, February 28, 2007

China Trouble?

Why does the market have to fall when I'm not in the office?

I think there is a conspiracy against my taking a vacation.

Though I'm at Disneyland with my three year old, I've been able to surf the net and find some interesting perspectives on current market activity. Here is one of the most worthwhile perspectives on the China stock market that sparked yesterdays decline.


I would like to point out that volatility in the Chinese equity markets is not unexpected. A quick review of U.S. economic history shows how volatile our economy was in its early stages with multiple booms and busts. We always remember the Great Depression but that is nothing compared to some of the early depressions this country suffered as it became an industrialized nation. China may learn from some of our mistakes but they will make their own. Tremendous growth precipitates increased volatility. The road for China's stock market will be rough with many potholes. Many investors got complacent and took their eyes off the road.


Enjoy! And have a supercalfragilisticexbealladousious day!!!


The Financial Pragmatist

Libby Mihalka



China Trouble?


From the desk of Edmund Harriss, portfolio manager of the Guinness Atkinson
China & Hong Kong Fund and Guinness Atkinson Asia Focus Fund


Chinese domestic stock markets fell heavily overnight with the Shanghai Stock
Exchange Composite Index down 8.84% and the Shenzhen Stock Exchange
Composite down 8.54%.


While these moves may seem dramatic they should be seen in the context of a rise in
Shanghai of 135.54% in 2006 and a rise of 100.39% in Shenzhen in 2006. The chart
below shows the performance of these two markets since the end of 1997. This shows
the strong run up from the end of 2005 which followed four years of falling markets
during which time annualized return for Shanghai were -9.68% a year and -14.73% for
Shenzhen.


However, if investors were looking for some indication of the direction of the Chinese
economy, never mind the global economy, the Chinese domestic stock markets are
the last place one should look, in our opinion.


The Chinese stock markets are in reality very thin in terms of market participants. In
spite of the huge numbers of brokerage accounts a small number of funds, companies
and high net worth individuals dominate the market. And they invest on the basis of
Technical Analysis (i.e. price patterns) and News Flow, not on Valuations.


The markets are also ring fenced by China’s closed capital account that means there is
no general freedom to move money in and out of the Yuan or in and out of the
country. Foreign investors are allowed into the domestic market but on highly
restrictive terms and local investors are not allowed to go outside except on highly
restrictive terms.


So local investors don’t really have a choice. Or they do, but not a very attractive one.
They can invest their money in bank deposits which will pay 2.52% for a one year
deposit; or they can buy a 2.5% guaranteed return product from an insurance
company; or they might invest in government bonds that currently yield under 2.65%
for the ten-year, if they can get them. No wonder that when they see a hot thing they
are on to it.


But this means that Chinese stock markets do not adequately reflect local economic
conditions, in our opinion and therefore should not be used to predict global ones.
High volatility and high valuations are part and parcel of inadequately functioning
stock markets. Investors had been buying as though it was a one way bet (see chart
above) and for twelve months they were not wrong. Now we have hit some
turbulence in news flow coupled with the (larger) Shanghai market passing through
3,000 points – you will note from the chart it checked briefly at 2,000 and again at
2,500 points.


What is really going on and what conclusions can we draw?


Firstly, it is clear that the government is concerned by the vertiginous rise in the equity
markets and view it as unhealthy. These markets were closed as a source of funds for
four years between 2001 and 2005, and they certainly do not want them closed for
another four after a massive crash. So they want to try and squeeze out excess and
one way to do that is to attack illegal trading and market abuse, of which there is sure
to be some.


Secondly, there is no desire to clamp down on liquidity. China is suffering an excess of
liquidity with its massive trade surplus and through leakages in the ‘closed’ capital
account whereby players look to exploit the rising Yuan and equity markets. Moves to
mop up the excess either through increasing banks’ statutory reserve requirement
now at 10%, or through the possible creation of a Government Investment Company
to sweep up liquidity and invest overseas are all designed to cope with excess, not to
implement a tightening.


Thirdly, China’s economy is looking comparatively benign or to the sceptics, certainly
no worse than it has been for the past five years. Growth is continuing at 9%, loan
growth and investment growth have moderated and the housing market has come
back in the previously overheated areas of Shanghai and Beijing. Certainly there are
no grounds for assuming an imminent downturn in Chinese demand for commodities,
capital or investment.


The consumer too is looking well. Retail sales growth just breached 14% compared to
the same period last year. And it should also be remembered that households overall
are not exposed to the stock markets (and neither is the industrial economy) in the
same way as in developed markets. Of household financial assets it is estimated that
76% are held in bank deposits, 7% in insurance products, 9% in bonds and 8% in
equities. So no consumer crisis is looming as a result of this.


In Conclusion


We believe this to be a long overdue break in China’s heady equity markets and a
useful reminder that the stock market is not a one way bet. It will act to curb a
speculative market that showed signs of running out of control.


We do not believe it should have more than a temporary effect on overall Chinese
share prices because those that trade in Hong Kong or in the US are traded on the
basis of more fundamental valuation measures. Chinese shares traded in Hong Kong,
known as H shares are trading on a forward Price Earnings multiple of 17.33 times
estimated earnings, according to Bloomberg. This compares with 28.96 times for
Shanghai and 36.99 times for Shenzhen.


We do believe that Chinese shares will continue to move ahead once the political
news flow becomes clearer after the Party Congress ends in March; and also once we
start to see bullish company earnings reports for the year ended December 2006.
And global markets?


We reiterate the point that we do not believe Chinese stock markets adequately reflect
their own country’s economic prospects. We see no sign from China that demand is
slowing.


Of far greater import for stock market prospects is the outlook for the US inflation and
growth. For that, Chinese equity markets are no guide.
Edmund Harriss
February 27 2007


Performance data quoted represents past performance and does not guarantee
future results. Index performance is not illustrative of Guinness Atkinson fund
performance and an investment cannot be made in an index. For Guinness
Atkinson fund performance visit



Mutual fund investing involves risk and loss of principal is possible. The Fund
invests in foreign securities which involves greater volatility, political, economic
and currency risks and differences in accounting methods. The Fund is nondiversified
meaning it concentrates its assets in fewer holdings than diversified
funds. Therefore, this Fund is more exposed to individual stock volatility than
diversified funds.
The Shanghai A-Share Stock Price Index is a capitalization-weighted index that tracks
the daily performance of all A-Shares listed on the Shanghai Stock Exchange that are
restricted to local investors and qualified institutional foreign investors.
The Shenzhen A-Share Stock Price Index is a capitalization-weighted index that tracks
the daily performance of all A-Shares listed on the Shenzhen Stock Exchange that are
restricted to local investors and qualified institutional foreign investors.
One cannot invest directly in an index. The Price Earnings Multiple or P/E Ratio reflects
the multiple of earnings at which a stock sells.
This information is authorized for use when preceded or accompanied by a prospectus
for the Guinness Atkinson Funds. The prospectus contains more complete
information, including investment objectives, risks, fees and expenses related to an
ongoing investment in the Funds. Please read the prospectus carefully before
investing.
Opinions expressed are subject to change, are not guaranteed and should not be
considered investment advice.
Distributed by Quasar Distributors, LLC. (02/07)

Monday, February 19, 2007

Article in Contra Costa and Valley Times

Options vary when helping children buy homes

Libby Mihalka
Investment panel

Q: What is the best way to help your children purchase their first home?

A Buying a home with your children is fraught with complications. How do you hold title and handle the taxes? Will they pay you rent? What is the fair market price when they want to buy you out? How do you handle the estate planning?

Many parents want to help their children, but they don't want to favor one child over another or they can't afford to make a substantial gift.

One possible solution is to lend part or all the funds your children need to buy a home. The loan will act like a bond in your investment portfolio. You'll receive monthly interest payments and can structure the return of principal any way you'd like. Your child can then own a home and begin to build equity. It is a simple win-win solution.

There is a third-party administrator that specializes in private loans between family members called CircleLending, 800-815-6613. If you are going to lend money to relatives or friends, I highly recommend that you use a third-party administrator. It will ensure a smooth professional process with proper loan documentation and repayment management.


Q What is the best way to invest for my children now that they are taxed at my rate until they turn 18?

A The "kiddie tax" rules were recently toughened, raising the age to which the tax applies from 14 to 18. So until age 18, children earning investment income greater than $1,700 will be taxed at their parents' rate.

The old strategy of gifting appreciated stock to your teenager and then selling it to qualify for a lower capital gains tax treatment no longer works.

You can still establish an UGMA (Uniform Gifts to Minors Act) or UTMA (Uniform Transfers to Minors Act) account for your child and gift $12,000 a year in appreciated stocks, bonds, or mutual funds, but you'll have to hold them until the child reaches 18. I would also consider only gifting assets that don't pay dividends.

This new law significantly erodes the tax-saving benefits of UGMA and UTMA. Instead, you may want to consider contributing to a 529 plan, ESA or Roth IRA depending on your situation.
A 529 plan is a tax-advantaged investment account used to accumulate savings to pay for college tuition and expenses.

A parent or grandparent establishes the plan and designates herself or himself as the owner of the account and the student as the beneficiary.

There is no tax deduction for making a contribution to one of these accounts, but assets grow tax-deferred as long as money withdrawn from the account is used to pay for qualified educational expenses.

Education Savings Accounts is a trust established to pay the qualified education expenses of a specified person younger than 18.

The maximum annual contribution is $2,000 and is not tax deductible. Assets grow tax-deferred and withdrawals are not taxed as long as they are used to pay qualified educational expenses.

ESAs differ from 529s in several ways. Contributions are limited ($2,000 per year) and the contributor is subject to income limitations. For instance, married-filing-jointly taxpayers are not allowed to gift the full $2,000 when income exceeds $190,000.

The advantage of ESAs is that they can be used to pay for qualified elementary, secondary education (K-12) and college expenses unlike 529s, which can be used for only college.

A Roth IRA can be established for your child if he or she has earned income from a job. If you own your own business, you can employ your children part time or during the summer and fund a Roth IRA for them. A Roth IRA cannot be funded with gifts, investment income or scholarships.

Contributions to a Roth IRA are not tax-deferred, but all the earnings will never be taxed when withdrawn at retirement. Roth IRAs are great savings vehicles for your child's retirement, but the ESAs or 529 plans are better vehicles for a college savings plan.

I don't recommend buying your children life insurance, annuities or savings bonds. There are better ways to save or mitigate risk then using these vehicles.

It is great to take advantage of some of these savings vehicles, but it is also important to spend time teaching your children about money. Here is a simple money management experience that teaches children as young as 4 years old about budgeting, planning and spending.

"The Kid's Wealth Money Kit" ($39.95) serves as a personalized system that lets children manage their money with your help. For more information about the kit, visit www.kidswealth.com or call 866-954-KIDS(5437).

Friday, February 16, 2007

Vanguard Growth

I am a fan of Bob Turner and am always interested to hear his insights. However, I must disclose that I do no however use his fund in my practice. Instead, I prefer to use Harbor Capital Appreciation as my conservative Large Cap Growth mutual fund. Over the last ten years Harbor Capital Appreciation has outperformed Vanguard Growth Equity with less risk (a lower standard deviation). The graph shows the performance of Harbor Capital Appreciation (the red line) versus Vanguard Growth Eauity (the blue line) I believe Turner's investment approach is soundly executed within Vanguard Growth. It's just that others seem to eke out a better return following a similar investment philosophy. Morningstar considers Vanguard Growth Equity to be a three star fund (out of five possible stars). Here is a current research report on the fund written by Litman Gregory.

FUND UPDATE: Vanguard Growth Equity (VGEQX)



Category: Larger-Cap Growth Managers: Bob Turner Date of Interview: 1/10/07


With: Bob Turner



In early January, Bob Turner (founder of Turner Investment Partners, and lead portfolio manager on Vanguard Growth Equity) visited our Orinda offices, where we discussed his view on the market, holdings in the portfolio (as well as holdings he doesn’t own), and a few firm-related issues.



Turner continues to see good earnings growth in the market, although last year, higher earnings growth did not translate into higher stock prices. In fact, he says companies with the highest earnings growth performed the worst. Citing an internal study, Turner says that companies ranked in the top half of the Russell 1000 Growth Index based on long-term earnings-per-share growth forecasts (i.e., the fastest-growing companies) were basically flat in 2006. Meanwhile, the slower-growing half of the universe was up approximately 16% on average. This made for a tough 2006, as Turner’s investment philosophy is that earnings expectations are the primary driver of higher stock prices. Accordingly, Turner looks to buy companies with the highest earnings-growth prospects, while trying to avoid companies with slow (or declining) growth.



Turner remains optimistic that the firm’s high-earnings-growth focus will be rewarded. He suspects that over the next 12 months, the economy should continue to slow, causing the profitability of some companies to decline. Companies that are able to maintain above-average growth, i.e., growth stocks, should do well. In short, he anticipates that investors may be willing to pay a premium for superior earnings growth, resulting in higher stock prices. While he’s not sure when things will turn, he says, “We have a discipline and we’re sticking with it. We don’t deviate because that’s when things turn against you, and that’s when you blow up.”



Turner’s focus on the fastest-growing companies has led him to continue holding Apple Inc., a stock the team has owned for several years. It’s important to remember that Turner manages the portfolio sector-neutral to the Russell 1000 Growth Index (meaning his sector weightings approximate those of the index), so in order to beat the benchmark, making active company bets is necessary. As of year-end, Apple was a 1% position in the benchmark, but over 2% in the fund. Turner remains confident that Apple will continue to grow and beat consensus earnings expectations. When assessing whether a company can exceed expectations, Turner’s process is more of a qualitative mosaic, where the objective is to gather vast amounts of information from the company, competitors, suppliers, third-party research, etc., and triangulate on the probability of a positive earnings surprise. Building complex earnings models and coming up with an exact earnings number is not part of Turner’s investment approach.



Turner says that the mosaic for Apple is a “little tricky,” in that it’s harder to pinpoint future sales numbers, in part because Apple is so secretive about their upcoming products. By contrast, Turner says it’s easier to estimate sales for less-innovative companies, where calls to distributors provide good insight into inventory levels and other supply/demand metrics. But with Apple, Turner says, “You don’t get any of that.” Researching Apple requires more of a big-picture analysis, and “reverse engineering” methodology. For example, Turner says that forecasting sales of Apple’s PC division requires them to determine how much market share Apple has, and then checking on sales at Dell and other PC makers to get a sense for demand.


Turner adds that part of the analysis for Apple is anecdotal, where the success of products is gauged by how long the lines are in the retail stores and how long the turnaround time is for new orders. “What we’re not going to do is just trust Steve Jobs [Apple’s CEO], and say everything he does is great, and just own this stock blindly. We want to make sure everything is on track,” says Turner. While modeling company earnings is not a competitive edge for Turner, the team does work to understand the impact that margin expansion/contraction or promotional deals have on earnings.



As for future growth, Tuner believes Apple’s penetration in the PC market will continue to increase as iPod users are drawn to consider Macs. Apple also continues to rapidly expand its retail stores, which Turner says have the highest sales per square foot of any store in the world. He also expects international sales to provide the next leg of growth. Turner says that while iPods account for 75% of portable music players in the U.S., there are hardly any in the rest of the world. Growth can also come from new product introductions.



Turner says Apple trades at a premium valuation relative to its growth rate “although it’s not outrageous.” Valuation does not play a big role in Turner’s investment process, and Turner says one thing he’s learned over time is to let his winners run. “When you own tech stocks that are generating outsized extra return, often the best practice is to do nothing and simply let them continue to generate extra return. In some cases, we have learned this lesson the hard way. We have held some big tech winners but succumbed to the temptation to take profits in them—only to buy them back later at higher prices. When it comes to our tech winners, inertia strikes us as a sensible investment strategy. We think our ideal holding period for such stocks is forever or until there’s a good earnings-related reason to sell them, whichever comes first,” says Turner.



Microsoft is one of the biggest active bets in the portfolio, in the form of an underweighting. The stock is the largest company in the benchmark (3.7% as of year-end) and Turner has no exposure to this name. In his view, Microsoft is in a disadvantaged position on a secular basis. Turner says the software industry is moving to an on-demand, open-source world, and away from a closed-source proprietary model. He says that sustained leadership is far less common in the tech sector these days. Although Microsoft has lots of cash flow and tries to be innovative, Turner says “they’re just too big, and it’s hard to get that going. When you look at the secular forces, they’re aligned against Microsoft.” Another negative is competitive threats from Google, which is subtly rolling out spreadsheet and word-processing capabilities. “We know Microsoft can go up, we just feel like the stocks we own can go up more,” says Turner. Finding tech companies that are growing fast at any given time is fairly easy, in Turner’s opinion. The hard part is determining how long those companies can keep growing fast. Those that grow fast and for a long time will be the leaders.



Litman/Gregory Opinion


Vanguard Growth Equity was up 6.2% in 2006, underperforming the Russell 1000 Growth Index iShares benchmark, which was up 8.9%. Although the fund’s performance history dates back to March 2002, we start the record in 1997 when Turner changed the portfolio-construction methodology for comparably run institutional accounts, switching from an equal-weighted product—it held around 100 holdings with 1% positions—to allowing individual positions to account for up to twice the stock’s weighting in the Russell 1000 Growth Index. Since changing the portfolio-construction methodology in 1997, the fund’s annualized return is 6% (through 2006), compared to a return of 5.2% for the Russell benchmark. (Note that prior to the iShares’ inception in May 2000, we use the Russell 1000 Growth index adjusted for expenses as the fund’s benchmark.) Looking at risk, the fund has been much more volatile than the benchmark. For example, the fund’s best and worst rolling 12-month returns are 69.8% and -56%, respectively. By comparison, the benchmark’s best and worst rolling 12-month returns are 31.5% and -45.7%, respectively. We expect the fund’s outperformance on the upside to more than make up for any underperformance in declining (or even flat) markets. Looking ahead, if Turner’s belief that growth stocks are primed to lead the market plays out, we would expect the fund to outperform.



We like that Turner uses a combination of fundamental, quantitative, and technical aspects in their investment process. We think the combination of these tools helps minimize the intuitive aspects of investment decision-making. While Turner’s process is disciplined and systematic, it is also flexible enough to adapt to changing market environments. A sector-neutral approach imposes an additional level of discipline in the stock-picking process. There are several other things to like about Turner, including the firm’s incentive/ownership structure, and a very positive corporate culture, which means that the team is likely to stick together. (There have been very few departures from the investment team.) Turner is also very attentive to asset growth and has a history of closing funds are very reasonable levels. Turner is the only firm that we know of that publishes updated asset-capacity studies for its various strategies on an annual basis. Another plus is that expenses on the fund are reasonable at 0.91%, and have declined as assets have grown.

Turner’s investment team has grown considerably since we initiated coverage on the firm in 2000. At that time, Turner had 10 investment professionals working in a portfolio manager/analyst role. The individuals were divided by sector, with each sector team covering stocks across all capitalization ranges, and making investment recommendations on stocks in those sectors. In late 2000, some sectors were covered by only one or two individuals. Over the last two or three years, Turner has grown the team and now has three portfolio managers/analysts covering each of the five key sectors (technology, health care, financials, consumer, and cyclicals). Turner is now hiring a fourth analyst for each sector team in light of the continued growth in assets (in the past three years, the firm has more than doubled its assets to more than $20 billion) and the introduction of international and global growth-stock portfolios, which are only available through separate accounts. The fourth members will be more junior, and will help with modeling, developing surveys to help gauge future earnings, and attending trade shows to gather industry information, etc. Turner says it’s possible that a fifth member will be added to each team in 2008. We should note that as the broader investment team has grown, we’ve spoken with a number of investment-team members, and we believe the process and philosophy is being consistently being applied across the team. We were also impressed with the depth and quality of the team’s research.

Turner has always had a team approach to investing, believing that collaboration leads to better decision making. We think the larger team is a positive for Turner. Having more eyes and ears on individual stocks and on each sector gives Turner a better ability to deal with the short-term “noise” in the market. Looking back a few years, Turner was more inclined to sell a consumer-related stock in the face of higher energy prices and a declining housing market. Today, a broader, more-informed team allows Turner to stick to their guns (sometimes adding to their position), and benefit from short-term misperceptions in the market. Our overall impression is that the team works very well together. A potential risk with a growing team is the increase in opinions, which can slow the decision-making process. We believe the team continues to work well together but will continue to monitor this issue.

We do not have any major concerns at this time and continue to recommend Vanguard Growth Equity for non-taxable accounts. Tax management is not an element of Turner’s investment approach, and as the fund’s high turnover suggests, there’s a potential for large realized short-term gains. We should note that Turner’s approach has been more successful among the firm’s smaller-cap products, such as Turner Mid Cap Growth and Turner Small Cap Growth and Turner Micro Cap Growth, which are closed to new investors.
—Jack Chee

_________________________________________________________________________________Reprinted Copyright© 2007 Litman/Gregory Analytics, LLC.

Thursday, February 8, 2007

January 2007 Performance


Stock market began 2007 with a strong month. The large-cap S&P 500 (as measured by the Vanguard 500 Index fund) gained 1.5% in January, while the small-cap Russell 2000 iShares gained 1.7%. Mid Cap stocks generated 3.4%, outperforming both larger- and smaller-caps. Based on Russell indexes, growth outperformed value across all market caps. Foreign stocks, based on Vanguard’s Total International Stock Fund, were up 1%. On the fixed-income side, domestic investment-grade bonds were down slightly, while Salomon’s foreign bond index was down 1.4%. Emerging-markets short-term bonds were also down, but fared a bit better than their longer-maturity, developed-market counterparts. PIMCO Developing Local Markets lost just over 1%. REITs (Real Estate Investment Trusts) continued their relentless climb with an 8.5% gain in January. When will that bubble ever pop?
Also here is the web link to our Fourth Quarter Newsletter

Tuesday, February 6, 2007

Trendstar Due Diligence Report

To my clients, here is a new fund I have started adding to many of your portfolios. I have just finished my due diligence on this fund so it was not included in your year end rebalancing. I am very excited to add this fund to our stable of high quality investments.

If is difficult to find good small cap managers that have a great track record but does not have too much under management. Many small cap fund under perform because they have more than $500 million under management.

This is a no load and no commission fee fund. The annual expenses are very reasonable for a new fund. I will be sending out the Morningstar Extended Report on this fund in the next two weeks. In the meantime, enjoy this research report.

I am in Santa Fe New Mexico the rest of the week on a due diligence trip to Thornburg Management. I will report my findings when I return.

Libby Mihalka
The Financial Pragmatist

January 2007
DUE DILIGENCE REPORT : TrendStar Small-Cap Fund (TRESX)
Category: Smaller-Cap Growth at a Reasonable Price Managers: Tom Laming and James McBride

We recently completed due diligence on TrendStar Small-Cap Fund and we are adding it to our Recommended list in the Smaller-Cap Growth-at-a-Reasonable-Price (GARP) category. Our history with lead portfolio manager Tom Laming dates back to late 2003, shortly after he left Kornitzer Capital (advisor to The Buffalo Funds) to establish TrendStar Advisors. At that time we identified a number of positives, but because we felt that getting a business off the ground could create a number of distractions and divert Laming’s attention away from investing, we decided to revisit the fund at a later date. We re-established contact with Laming a few months ago with a focus on the firm’s small-cap product, an asset class where we have a limited number of Recommended investment options that are available to new investors. We have since had several hours of phone conversations with Laming and co-manager James McBride. We also met with Laming for three hours in our Orinda offices. In the end, we gained a high level of confidence that the fund will outperform an index fund over time. This report lays out the firm/team background, the investment philosophy and process, the portfolio-construction process, and the reasons for our positive opinion of the fund.

Team and Firm Background
TrendStar Advisors was formed in August 2003 shortly after Laming and McBride left Kornitzer Capital. Laming joined Kornitzer in 1993, and subsequently served as the chief equity strategist and was the lead architect of the investment philosophy and process that was used to manage the Buffalo mutual funds. Laming also served as co-lead portfolio manager on Buffalo’s small-, mid-, and large-cap funds as well as a global fund. He was the sole manager of Buffalo Science & Technology Fund. McBride was a research analyst at Kornitzer from November 2000 to August 2003, and he also worked on all of the Buffalo equity funds.

Two months after establishing the firm, Laming introduced TrendStar Small-Cap Fund and TrendStar American Endeavor Fund. Laming manages these funds with the same investment approach he employed at Kornitzer. The Small-Cap fund focuses on domestic stocks with companies less than $2 billion in market capitalization at the time of purchase. American Endeavor Fund considers only U.S.-based companies that receive more than one-third of their sales or income from outside the U.S. This fund is all-cap by prospectus but is, in fact, mostly large-cap. Both funds are co-managed by Laming and McBride, although Laming is the lead portfolio manager.

TrendStar currently manages approximately $400 million, including separate accounts.

Philosophy/Process
Laming starts by looking from the top-down for fast-growing companies followed by a bottom-up analysis that focuses on valuation. He first looks for broad industry trends, and ideas can come from trade publications, industry research, contacts, and company filings. Specifically he’s looking to identify growth drivers that he thinks will provide tailwinds for the revenue lines of companies over the next three to five years. Importantly, he only invests in trends that he believes have a high degree of predictability. For example, demographic trends have very predictable outcomes, enabling Laming to determine with good accuracy how many people are in various age brackets and what segment of the population is growing the fastest. Laming says 45- to 64-year-olds will grow by over 18 million people between 2000 and 2010. Over the same time period, companies that sell to 25- to 44-year-olds will see their end market shrink by a few million people.

This top-down portion of the process gets Laming focused on the faster-growing segments of the market. He then identifies companies that are aligned with these longer-term growth trends. Companies that do not appear to be primary beneficiaries of a trend are eliminated from consideration. For example, within the demographics trend, grocery stores would not qualify as a primary beneficiary. Although they sell to 45- to 64-year-olds, they also sell to the slower-growing (or declining) segments of the population, which dilutes their growth prospects. Instead, Laming seeks out companies such as Ethan Allen, a retailer of home furnishings that targets the rapidly growing population of 45- to 64-year-olds. This process of identifying companies that have the most direct exposure to a long-term trend narrows the investable universe (stocks under $2 billion in market-cap) to roughly 350 to 400 stocks.

Once a company passes the top-down trend qualification, Laming turns to valuation. He determines whether a stock is overvalued or undervalued using a multiple-regression model that allows him to analyze several variables that contribute to a stock’s valuation. (This is in contrast to other valuation methodologies that rely on a single variable such as a P/E multiple.) The key variables Laming looks at are profit margins, growth rates, and balance-sheet quality, although there are other less-important parameters. Laming uses regression to determine the importance of each variable for stocks’ valuations. For example, Laming’s regression analysis suggests that margins have the highest correlation to stock-price movements. So, all else equal, higher margins warrant higher stock prices. But margins are not equal for all companies, and Laming must estimate a value for each variable in order to arrive at a stock price. In doing so, Laming devotes a lot of time to studying a company’s historical profit-margin structure as well as margins within an industry to assess whether a company can maintain or improve its margins. He tries to avoid companies with declining margins, as it would translate into lower stock prices. Laming often uses a normalized margin in his model. He also estimates growth rates, which are ultimately tied to the strength of an underlying trend, as well as the balance sheet. Strong balance sheets are important to Laming because he wants to hold companies that can grow organically, not those that are dependent on capital markets for growth. The regression provides a measure of relative valuation, with the end result that roughly half of the companies in Laming’s universe will appear expensive and half will appear undervalued. The regression is only run on the companies that pass the top-down screen.

Ultimately, Laming ends up looking at a blend of high-P/E stocks and some very low-P/E stocks. But in all cases the high P/Es are associated with a combination of very high profit growth, and typically low or no debt. The low-P/E stocks are generally companies with lower margin structures (such as retailers) and they may have higher (but not excessive) debt.
Sell decisions are typically the result of rising valuations or changing business models (e.g., a company changes its business focus or makes an acquisition that meaningfully dilutes its ability to benefit from a trend). Sells generally don’t result from changing themes. This is because Laming looks for long-term trends (not fads) that can ideally persist for at least five years.

The Portfolio
The portfolio has 50 to 60 holdings, which is more concentrated than most small-cap funds. Laming doesn’t buy stocks over $2 billion in market capitalization, though they can appreciate past that level; at the end of March 2006, all of the holdings were below $4 billion. Typical position size is 1% to 3%, and position size is largely determined by valuation, although the strength of a trend and a company’s long-term ability to benefit from a trend come into play. There are no sector limitations and the fund will generally be concentrated in the health-care, technology, financial, and consumer-discretionary sectors, all areas with favorable long-term trends, in Laming’s view. Turnover has been very low at 10% to 15%. The fund is usually fully invested.

Style Analysis
As part of assessing a fund’s performance, we spend a lot of time evaluating a manager’s investment style to ensure we are using the most appropriate benchmark. We do not employ hard-and-fast rules for determining investment style. Instead, it’s a mosaic, which includes a number of quantitative and qualitative factors such as a manager’s investment objective, valuation methodology, the aggressiveness of a manager’s assumptions, investment horizon, historical portfolio and sector weightings, etc. Selecting the “best” benchmark can be a tough call if the fund has attributes of different investment styles. But this is an important step in understanding how a fund should perform in different market conditions, and it enables us to stick with a manager during an inevitable period of underperformance (provided our original thesis is still intact). After going through this analysis for TrendStar Small-Cap, we are categorizing the fund as Smaller-Cap Growth at a Reasonable Price, though it has a growth bias.

Laming’s top-down approach generally leads him to the growth-oriented parts of the market, and the portfolio’s sector weightings tend to be more in line with the growth benchmark. While there is definitely a growth emphasis, we feel that there are a number of characteristics that push Laming over into the GARP category. First, he is conservative in his assumptions. We discussed several portfolio holdings with Laming, and there was a clear consistency of using conservative estimates when it came to selecting forward-looking inputs in the regression model. Second, Laming is more valuation sensitive than most growth investors we follow. His valuation methodology ensures that he does not overpay for growth, and he will not own stocks if he thinks the future growth expectations are reflected in a stock’s price. His valuation process also leads him to own the cheaper stocks within his universe. For example, if there are a handful of stocks that he believes will benefit from a trend, he will own the stock(s) that appear most undervalued. This valuation requirement will take the fund out of the hottest-performing sectors prior to a market peak, and could cause it to underperform a growth benchmark during those periods (e.g., the late 1990s).

Performance Analysis
Laming’s track record at TrendStar begins in August 2003, which is a relatively short track record to evaluate. In looking for a longer track record to analyze, we assessed the “transferability” of Laming’s record from Buffalo Small-Cap, which he co-managed since 1998.
We came away confident that Laming was the lead architect of investment philosophy and process used to run the Buffalo mutual funds, and that he is using the same process to run TrendStar Small-Cap. However, we are only comfortable looking at the Buffalo Small Cap record beginning in 2001 for the following reason: In examining historical portfolio holdings for Buffalo Small Cap, we noticed a number of holdings that were not consistent with the long-term trend strategy that Laming uses at TrendStar. For example, energy was a meaningful percentage of the Buffalo Small Cap portfolio prior to 2001. We know that Laming will not own energy stocks because of his focus on long-term predictable trends, as guessing the price of oil is not something he’s going to attempt to forecast. There is also evidence of other stocks not fitting Laming’s current-day thematic process. Our analysis indicates that Buffalo Small Cap was initially managed using a broader Kornitzer Capital strategy (one that was used to run the firm’s separate accounts and was not confined by trends) to Laming’s current-day philosophy and process. So given that there was not a hard-start date for when Laming’s trend-based process went into effect for Buffalo Small Cap, we are only comfortable looking back to 2001. But while we believe this portion of the Buffalo Small Cap record is relevant, we put the most weight on his TrendStar record.

Since 2001, Laming’s annualized return (through November) is 11.7%, compared to 9.7% for the Russell 2000 Index iShares. This outperformance can be traced to 2001, when the fund gained 31.2% compared to 2% for the benchmark. This staggering outperformance was due to strong-performing positions in consumer staples, consumer discretionary, and financial stocks, and a lack of declining technology and energy stocks. In subsequent years, performance is mixed and Laming’s short- to medium-term numbers are trailing the benchmark due mostly to a relatively poor 2006. Looking at rolling 12-month periods, Laming has beaten the benchmark in 67% of the periods. But this number improves to 94% when looking at rolling three-year periods. We expect Laming to be out of sync with the benchmark over shorter time periods given his long-term focus.

Litman/Gregory Opinion
After numerous conversations with Laming and McBride, and internal discussions among our research team, we have gained the necessary confidence to add TrendStar Small-Cap to our short list of Recommended funds in the Smaller-Cap Growth-at-a-Reasonable-Price category. Adding the fund to our Recommended list reflects our confidence that the fund will outperform the benchmark over the long term. Below we lay out the reasons supporting our positive opinion of the fund.

On the qualitative side, Laming employs a clear discipline for investing in long-term trends and identifying companies that stand to benefit from these trends. Laming and McBride apply their process very consistently and are rigorous in how they measure trends to ensure they can persist. Laming is also very patient and he will not invest until he is highly confident that he’ll get paid over time. He is extremely thoughtful in his trend analysis, and we believe this constitutes a large part of his investment edge. Our impression is that he knows his industries as well as, if not better than, the competition. We also think he does an excellent job at the company level where he considers factors such as companies’ competitive advantages, the threat of potential new entrants or substitute products, and bargaining power with suppliers/buyers. We also have no reason to believe that Laming is missing attractive trends. We discussed a number of possible trends with Laming, but he had clear reasons for not investing in those areas. He is currently invested in 19 trends.

Laming strikes us as a very intelligent and thoughtful investor. He has clearly thought out his process and he is always looking for ways to improve the valuation model, or at the very least, understand the model’s shortcoming so that he can factor that into his qualitative decisions. He freely admits mistakes and figures out where he went wrong in an attempt to avoid them in the future.

Laming does not attempt to chase performance or pick any given year’s best-performing sector. When to buy and sell stocks is determined exclusively by the valuation methodology. Laming has clearly developed this methodology over the years. While this is noteworthy on its own, his adherence to valuation is equally important. Ultimately, owning the less-expensive stocks in his universe and carefully monitoring risks should help reduce downside.

Another positive is Laming’s shareholder orientation. For starters, he is very committed to managing asset growth. Current assets in the strategy total $390 million, of which $260 million is in the fund. Laming estimates that total small-cap capacity is between $1 billion and $1.5 billion. But, he plans to close the fund to new shareholders when assets reach $400 million. In fact, he has written this closing level in the fund’s prospectus. We applaud this decision, as capping assets is an important element in preserving managers’ ability to maintain their investment process. This is especially true for small-cap managers where asset growth can hurt performance in the form of the dilution of best ideas because they are forced to own more names, higher transaction costs, as well as higher market-impact costs from moving larger blocks of stocks. Laming is clearly not an empire builder. Another plus is the fund’s reasonable expense ratio. Considering the fund’s small asset base, fund expenses (1.39%) are quite reasonable. This is made possible by a very low (for a capacity-constrained small-cap fund) management fee of 0.7%, which means expenses have more room to decline as assets grow. Laming is also the largest shareholder of both TrendStar funds, aligning his interests with shareholders’. Laming is also tax-conscious and pays attention to tax lots, short-term and long-term holding periods to minimize tax liabilities.

We do not have any major concerns with the fund. We did question how well Laming and McBride could stay on top of their universe of stocks that they have identified as beneficiaries of trends, evaluate competitive threats, and generate new ideas. We came away confident that they are not stretched too thin, due in part to their strict discipline of only buying stocks that are beneficiaries of long-term trends, which includes significant up-front analysis that enables them to know companies within that industry very well prior to investing. They also use the valuation methodology as a prioritization tool, and have a process for reviewing portfolio holdings on a consistent basis.

While there is a clear emphasis on growth, we feel that TrendStar Small-Cap is best categorized in the Growth-at-a-Reasonable-Price (GARP) category. Investors interested in using this fund should keep Laming’s long-term orientation in mind, as there will undoubtedly be periods when his focus on long-term results is out of favor. As always, we will continue to stay in touch with Laming and provide ongoing updates.

—Jack Chee

_________________________________________________________________________________Reprinted from AdvisorIntelligence. Copyright© 2007 Litman/Gregory Analytics, LLC.

Monday, February 5, 2007

Value Still Outperforming Growth But For How Long?

I am a true believer in over weighting value investments. Let's face it, value has always outperformed growth over the long run (rolling twenty year period). However, there have been periods of time when growth significantly outperforms value. Are we entering into a growth cycle? Very possibly! We could begin to see growth stocks outperform value style investments in the near future. I am beginning to explore the idea of increasing the allocation of large growth stocks in client portfolios but I am not convinced the market is moving that way.

Here is an interesting white paper that discusses the possible emergence of growth style investing.

http://www.managersinvest.com/index/cms-filesystem-action?file=/ManagersInsight/GrowthVsValue.pdf

The Financial Pragmatist
Libby Mihalka

Friday, February 2, 2007

Large Cap Mutual Fund Report on Brandywine

I have only a few clients with Brandywine funds left. I began pairing back on Brandywine as a core holding in 1993. I have felt for years that there are better offerings in the Large Cap arena. As my clients know, I don't sell a fund unless they no longer wish to hold it hence not everyone has the same holdings. Litman Gregory and Morningstar are fans of Brandywine funds and have recommended them for years.

For my client's that still have Brandywine in your portfolio, here is an update by Litman Gregory Analytics regarding two Brandywine funds:


Brandywine (BRWIX) and Brandywine Blue (BLUEX)
Category: Larger-Cap Growth
Manager: Bill D’Alonzo
Date of Interview: 11/07/06
With: Trey Oglesby, Scott Gates, Fran Okoniewski, James Gowen, and Ward Jones (research analysts)

On a recent trip to the East Coast, we visited Friess Associates (advisor to Brandywine Funds) in their Greenville, Delaware, offices. The objective of our visit was ongoing due diligence, where we continue to test our original thesis for recommending a manager. The majority of our time was spent with members of the firm’s research team where we had in-depth stock discussions in order to assess the consistency with which the team follows its investment discipline. The Friess approach centers on identifying catalysts that will enable companies to deliver stronger earnings than Wall Street expects. Determining which companies will beat consensus estimates is accomplished through numerous conversations with company managements, competitors, customers, and suppliers, which Friess refers to as “trade checks.” Below are some details of these stock discussions.

Dick’s Sporting Goods, a retailer of name-brand sports apparel, footwear, and equipment, was brought to Oglesby’s attention by a sell-side analyst who noticed increasing sales for the company. Oglesby started his research process by obtaining a Wall Street earnings model in order to understand Wall Street’s growth assumptions for the company. Then, he began trade-checking the company to see if there are catalysts that could lead to better-than-expected earnings. Oglesby says one of the most relevant factors behind Dick’s improving revenues is strong sales of Under Armour products, a maker of performance athletic apparel. Providing perspective, Oglesby says Dick’s sales of Under Armour are growing 60%, while camping equipment sales are growing 3%. So in order to understand Dick’s earnings potential, “We had to stay on top of Under Armour,” says Oglesby. Calls to Under Armour’s management, as well as other makers of performance sports apparel, revealed strong demand for these products. Oglesby confirmed this demand through a third-party source who surveyed customers’ interest for these products. Meanwhile, conversations with Dick’s management revealed plans to devote more floor space to this apparel, something Oglesby suspects may not be fully factored into Dick’s sales estimates.

Another potential source of positive earnings surprise is Dick’s integration of Galyan’s Trading Company, which was acquired in 2004. Oglesby explains that up until now, Dick’s hadn’t included these former Galyan’s stores in their store-base count because they needed to be converted into Dick’s store format. Oglesby says this integration has taken a long time and has been a headwind for the stock, but based on his trade checks, the feedback for these new stores is “very, very positive.” He believes the success of these additional stores will lead to better-than-expected year-over-year earnings comparisons. The Galyan’s acquisition aside, Oglesby says Dick’s square-footage growth, a key driver in retail, is going very well as the company continues to effectively expand its store base.

Given Dick’s organic growth, along with stronger-than-anticipated sales of Under Armour products, and the successful integration of Galyan’s, Oglesby is confident that Wall Street’s sales projections are conservative (although he did not provide his actual earnings estimate). As part of assessing whether Dick’s can surprise on the upside, Oglesby ran through a sensitivity analysis to understand how increasing costs of Under Armour products, for example, would impact Dick’s profitability. In the end, Oglesby’s earnings estimates are at least 10 cents higher than the $1.98 consensus earnings for the company’s fiscal year. He also believes there’s room for multiple-expansion. Oglesby says Dick’s P/E multiple is roughly in line with similar retailers but he thinks the company’s higher-than-average growth warrants a slightly higher premium. The main risk Oglesby sees is declining consumer spending. However, he says trade checks throughout the retail industry suggest that consumers are still spending.

Carpenter Technology is a stock we discussed in our last fund update, but has since been sold. The company is a producer of high-quality specialty steels that are used across various industries including aerospace, health care, and industrial machinery. A big part of Okoniewski’s investment thesis was the company’s decision to refocus its business on higher-margin specialty metals (particularly to the aerospace industry), and de-emphasizing lower-margin products. Okoniewski says management is executing, and revenues from the aerospace division—which were growing at approximately 20% when Friess purchased the stock—are now growing at almost 40%, while aerospace operating profits as a percentage of total profits have gone from 35% to almost 80%. Meanwhile, Carpenter reported one of its most-profitable quarters, beating Wall Street consensus earnings estimates by $0.50. Looking ahead, Okoniewski expects continuing demand for Carpenter’s specialty metals as the airline industry is increasingly focused on making lighter, more fuel-efficient aircraft.

Although Okoniewski believes Carpenter’s operations remain solid, and demand remains strong, he had to sell. He says that after Carpenter’s strong quarterly results, Wall Street expectations became very aggressive as analysts seemed to extrapolate recent results into future quarters. Wall Street estimates exceeded Friess’ estimates by 15% to 20%. Friess only owns stocks where it sees the potential for upside earnings surprise, and as such the stock was sold.

Fischer Scientific, a distributor of scientific equipment, chemicals, and supplies, is a long-time holding. The company is in the process of merging with Thermo Electron, a maker of high-end analytical instruments and laboratory equipment. Gates believes there are a number of reasons to be excited about this combined company. Generally speaking, Gates believes managements are often conservative when it comes to estimating post-merger cost savings. “Most managers just lop 10% off overhead because of merger synergies,” says Gates, but in this case he believes this is extremely conservative. “When I work through the model with both managements, and look at prior acquisitions [there have been probably 30 in the last five years], not one acquisition have they realized less than 10%,” adds Gates. A potential downside is integration risk, as this is the biggest merger for both companies, but Gates isn’t giving it much weight. His confidence is based on the historically acquisitive nature of both companies and his long history with both companies.

Trade checks have revealed that customers are excited by the merger. Gates met with companies that are planning to begin distributing their instrumentation through Fischer, because of the worldwide distribution they gain through the merger. “These contacts go a long way in giving you confidence in what you think management can do,” says Gates. Gates believes Wall Street will eventually see past the “danger zone” and give the company full credit for the power of this merger. “It’s just a matter of proving they can bring the two companies together,” says Gates. As for existing customers, Gates spoke to heads of buying for Astra Zeneca, Bristol-Myers, Lilly, and Pfizer, all of which like that they’ll be able to do one-stop shopping once the companies merge.

Gates is conservatively estimating earnings of $2.50 for 2007, compared to the company’s guidance of between $2.27 and $2.38. On top of higher-than-expected cost savings from the merger, Gates says, “I expect management to make more accretive acquisitions, which could further boost earnings.” When picking a multiple to put on earnings, Gates says the company is growing 30% but he’s applying a 20x multiple, which results in a $60 price target. At the time of our interview, the stock traded at $48. “I think there’s upside in the multiple, and as management executes, Wall Street will give it a better multiple. It will come and I don’t need to raise my multiple now,” says Gates.

Litman/Gregory Opinion
Both Brandywine and Brandywine Blue are having good years. Investors should note that when evaluating Brandywine Fund’s performance, we find it is useful to look at several benchmarks in light of the fund’s all-cap flexibility. We think the best long-term benchmark is the Russell 3000 Growth iShares, but since it is not a perfect fit we also look at the Russell 1000 Growth iShares (a large-cap index), the Russell Midcap Growth iShares, and the Russell 2500 Growth (a mid/large-cap index), to help us get a good overall gauge of performance. Brandywine (up 10.7% so far in 2006) is handily beating the Russell 3000 Growth and Russell 1000 Growth iShares, which are up 8.9% and 8.5%, respectively. Brandywine Blue (up 10.9%) is well ahead of the Russell 1000 Growth iShares.

Looking at longer-term performance on a calendar-year basis going back to the mid-1980s the team has an excellent record except 2002, and 1997 to 1998, which we discussed at length in our June 2001 due diligence report. As we have said before, the Brandywine Fund was one of the few growth funds to capture a lot of the upswing in 1999 and still have a positive return in 2000. The fund’s risk (as measured by standard deviation) is higher than the benchmark’s, but we think the fund’s greater exposure to smaller-cap stocks explains most of the added volatility.
Based on our recent discussions with the analysts, it remains clear that the team is obsessive and thorough when it comes to conducting industry trade checks. They talk to companies up and down the food chain, and across sectors and industries to help them uncover good ideas and gain an information edge over the competition. We view the team’s emphasis on this practice as the most important aspect of its success. On top of this there are several other positives. There is a clear consistency of philosophy across the team. All of the analysts we’ve spoken to seem to completely buy into the approach and are consistent in their understanding and application of the process. Additionally, there is a major emphasis on productivity, where the goal is to keep the research team focused only on stock picking and maximizing productivity. Another positive is stability. Senior team members have long-term employment contracts and have laid out succession plans. Friess has continued to dole out equity to the investment team members as well as non-investment team members, fostering continuity and reducing the chances of personnel turnover.

We do not have any major concerns at this time and both funds remain on our Recommended list of larger-cap growth funds. We have a minor concern related to the future growth of the firm’s asset base and how it will potentially impact the team’s ability to successfully execute their process. For now, asset levels (total firm assets are about $9 billion) are reasonable and we are confident the funds can continue to beat their benchmarks going forward.
Although Brandywine Fund is more difficult to pin down from an asset-allocation standpoint, we think it is still a suitable larger-cap option. Investors who are seeking more dedicated large-cap (but not mega-cap) exposure should consider Brandywine Blue.

—Jack Chee

__________________________________________________________________________Reprinted from AdvisorIntelligence. Copyright© 2007 Litman/Gregory Analytics, LLC.

Thursday, February 1, 2007

Rollover of Inherited 401(k) or 403(b) Plans -Spousal versus Non-Spousal

If your spouse dies you can roll your inherited 401(k) plan to an IRA in your name. It essentially becomes your own IRA. Non-Spousal IRAs have always been handled differently.

Until recently, employer plans required non-spousal inheritors to take a lump sum distribuiton or the five year distribution causing a big income tax liability. You were not allowed to roll the plan assets into an IRA and stretch out the payments. You had to take the distribution and pay the tax.

The pension protection law passed in late 2006 was suppose to fix this problem. The law was intended to give non-spousal inheritors the ability to stretch the payments out.

The rules were very specific and required a direct rollover. The direct transfer would go to a properly titled inherited IRA, which means that the inherited IRA must be maintained in the name of the deceased plan participant: “Dad IRA (deceased, Feb. 10, 2007) FBO, daughter.” If the inheritor accepted a check in their name and not in the name of the inherited IRA then the distribution would be fully taxable. If the rollover went into a normal IRA with the inheritors name then the distribution would be taxable. The rules were very specific.

Apparently the IRS didn't get the message and in a special Guidance Notice they are not giving non-spousal inheritors of 401(k) plans a break. In other words, you should roll your previous employer 401(k) balances over to an IRA and avoid this whole mess for your inheritors.

Below is the press release from Ed Slott's website that spells out this complication in greater detail.

What a bust!
The Financial Pragmatist
Libby Mihalka


January 16, 2007
Update on Non-Spouse Beneficiary Transfers from Employer Plans
IRS Issues Guidance in Notice 2007-7
On January 10, 2007 the IRS issued Notice 2007-7 which contained some unexpected surprises.
IRS has issued notice 2007-7 which answers some questions on non-spouse rollovers from employer plans to inherited IRAs but leaves many more.

Previously a non-spouse beneficiary was not able to move funds out of an employer plan other than by taking a taxable distribution. Many employer plans did not offer a life expectancy distribution option to non-spouse beneficiaries. Distributions in many cases were limited to lump sum distributions or distributions over 5 years.

The new provision in the law gives a non-spouse beneficiary the ability to do a direct rollover of inherited employer plan funds to an inherited IRA. The Congressional intent of the new law was to give the non-spouse beneficiary the ability to stretch distributions over their own life expectancies after the funds were in the inherited IRA.

Well, it looks like IRS did not get the message. Notice 2007-7 does not give the beneficiary any breaks. First of all, it says that a plan does not have to allow the non-spouse beneficiary a direct transfer option.

Then, the Notice goes on to say that after the employer funds are moved to an inherited IRA, the distribution rules that applied under the plan will continue to apply to the inherited IRA. A-19. says “Thus, if the employee dies before his or her required beginning date and the 5-year rule in § 401(a)(9)(B)(ii) applied to the non-spouse designated beneficiary under the plan making the direct rollover, the 5-year rule applies for purposes of determining required minimum distributions under the IRA. If the life expectancy rule applied to the non-spouse designated beneficiary under the plan, the required minimum distribution under the IRA must be determined using the same applicable distribution period as would have been used under the plan if the direct rollover had not occurred. Similarly, if the employee dies on or after his or her required beginning date, the required minimum distribution under the IRA for any year after the year of death must be determined using the same applicable distribution period as would have been used under the plan if the direct rollover had not occurred.” (emphasis added)

There are no transitional rules since none are needed. There is nothing to transition. The distributions to the non-spouse beneficiary will be exactly as they would have been made under the plan, except they are coming from an IRA. This interpretation by IRS completely nullifies the intent of Congress in the new law. In other words, the non-spouse rollover provision in the Pension Protection Act of 2006 doesn’t work. The problem still exists. This is yet another reason to roll funds from your company 401(k) or other plan to an IRA when you get the chance, so that your non-spouse beneficiaries, such as your children and grandchildren will be able to stretch distributions over their lifetimes. This law was supposed to make that happen even if they inherited from your company plan, but that is not the case based on the latest official ruling.

What were they thinking?

This will need to be corrected by IRS, but until then, that is the official IRS position.

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Look for more details in “Ed Slott’s IRA Advisor”
By Ed Slott © 2007
Ed Slott’s IRA Advisor