Usana runs into problems with the IRS and others


I haven't written about Usana Health Sciences (NASDAQ: USNA) since the company settled a lawsuit with Barry Minkow, an ex-con turned fraud fighter who had accused the company of operating a pyramid scheme.

The company just reported its preliminary fourth quarter and full-year results and dropped a couple bombshells in the form of "one-time adjustements":
  • An unanticipated arbitration award against the Company for approximately $7 million for wrongful termination of a former USANA distributor; and
  • Tax adjustments of approximately $1.8 million, resulting from an Internal Revenue Service ("IRS") audit of the years 2003 through 2006. The impact on cash due to these potential tax adjustments is estimated to be $10 million.
Oops! The company did manage to achieve record fourth quarter sales and earnings per share of $1.72 for the year, but "dramatic" currency changes reduced sales by approximately $9 million.

The financial results aside, the tax issues and wrongful termination judgment provide strong evidence for what many of us have been saying for a long time: This is one slimy company.

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