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By Marianne Goodland and Courtney Cisneros | | Editor’s note: Kerri is a 1990 graduate of Burlington High School and is the daughter of Sandra and Ron Floerke. While attending BHS, she worked as a student reporter for The Burlington Record After conducting a national search, the Legislative Audit Committee has officially selected deputy Colorado state auditor Kerri L. Hunter, CPA, as their final candidate for appointment as Colorado’s next State Auditor. Hunter’s nomination now goes to the Executive Committee for approval, and then on to a vote by the General Assembly. Should she be confirmed, her term will begin July 1 and run through June 30, 2026. State Auditor Dianne Ray announced earlier this year she would not seek another term. She has been the state auditor since 2011, previously serving as deputy state auditor. The State Auditor oversees the Office of the State Auditor and is a constitutionally-established position within Colorado’s Legislative Branch. “I’m grateful for this tremendous opportunity to lead the OSA and its staff as we continue to produce high-quality work that promotes accountability and positive change in government,” Hunter said in a statement Thursday. “Kerri’s leadership in this new role will be a great asset for the OSA and Colorado state government,” Ray said. Hunter joined the OSA as a staff auditor in 1994 and, for the past 10 years, has served as the OSA’s Deputy State Auditor for Financial Audits. The OSA statement said she is highly regarded as a subject matter expert in government auditing and participates in various professional organizations, including the American Institute of Certified Public Accountants, the Colorado Society of Certified Public Accountants, the National State Auditors Association, and State Employees Leading Colorado. In 2016, Hunter was named by the Colorado Society of Certified Public Accountants and the American Institute of Certified Public Accountants as one of three “Women to Watch” in the Emerging Leader category. A Colorado native, Hunter grew up on Colorado’s Eastern Plains and obtained a Bachelor of Science degree in Accounting from the University of Denver on a Boettcher Foundation Scholarship. Hunter is a licensed certified public accountant in Colorado.

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Monday’s announcement came at the halfway mark of fiscal 2021 after only one other priority -- arbitrage violations -- had been announced since the Oct. 1 start of the federal fiscal year. New examinations were suspended between March 2020 and last July because of COVID-19. As a result, the Tax Exempt Bond unit closed nearly 300 cases instead of attaining its earlier goal of around 500 cases. The strategy for focusing on student loan bonds will determine if the Internal Revenue Code Section 144(b) requirements are met, the IRS said. “Failure to satisfy these requirements could result in the interest on the bonds being taxable to the bondholders,” the service said. “The treatment stream for this strategy is examinations.” The decision by the IRS to return to auditing student loans after focusing on that area years ago was described as an “interesting” by Christie Martin of Mintz Levin in Boston, chair of the National Association of Bond Lawyers tax law committee. Matthias M. Edrich, a partner at Kutak Rock in Denver and another member of the NABL tax law committee, also said he was surprised “since this segment already went through an audit focus not too many years ago.” “Yield restriction and arbitrage rebate matters that might relate to student loans would presumably already be incorporated in the yield restriction and arbitrage rebate focus points,” Edrich said. “Is the IRS intending to examine other student loan aspects now, beyond the arbitrage bond rules?” The IRS said its audits of Form 8038-G will “review bond proceeds yield restrictions after the statutory temporary period to determine whether proceeds are restricted to the yield of the issue.” “If the issuer fails to yield-restrict the investments after the temporary period, the bonds will be deemed arbitrage bonds and taxable,” the service said. “Additionally, the interest paid to the bondholders will be taxable.” Late last year the IRS said its initial fiscal 2021 focus involved potential arbitrage violations of Internal Revenue Code Section 148 by the investment of bond proceeds in higher-yielding investments beyond the allowable temporary period under Treasury Regulation (Treas. Reg.)1.148-2(e). At that time, the IRS said other priorities for tax compliance and enforcement involving municipal bonds would be released in quarterly updates on the webpage of the Tax Exempt and Government Entities Division-Compliance Programs and Priorities. Edrich recalled that he was disappointed last November when the IRS released its fiscal year 2021 program letter with the only reference to tax-exempt bonds contained in the accompanying TE/GE strategic goals publication. “At the time I remember being disappointed with the lack of details concerning tax-exempt bonds, compared to program letters from prior years,” he said. “I think it is useful that the IRS has now published additional information about its bond-related examination focus.” The IRS also said Monday that it would continue its fiscal 2020 IRS enforcement and compliance priorities, which were public safety and jail bonds, sinking fund overfunding, and variable rate bonds. In regard to public safety bonds, the IRS is determining whether federal government use and management contracts cause excessive private business use that adversely affects the tax-exempt status of public safety bonds. Last last month the Santa Cruz County Jail District in Arizona filed a public notice that the IRS has made a preliminary determination that its 2017 tax-exempt refunding you can try here bonds should be treated as retroactively taxable. The March 10 IRS letter said the jail refunding bonds meet the private business use and private payments test because part of the facility is under contract to house federal prisoners.