Truncated Tax ID Numbers

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Many people wait with some anxiety for their income tax refund check around this time of year.  If you get a big refund then you, in essence, have given the government an interest free loan all year.  Still, many taxpayers overpay throughout the year because they have grown accustomed to receiving a refund check, which they see as a form of tax relief.

So what if that check never came?  It happens sometimes, and all too often it is the result of identity theft.  The IRS has taken numerous steps to prevent identity theft, but it still pays out billions of dollars in erroneous refunds.  One of the newest proposals in the fight against identity theft is the Truncated Taxpayer Identification Number, or TTIN.

The TTIN is basically the last four digits of a Social Security Number (SSN) and looks something like this: xxx-xx-4777 or this ***-**-4777.  The IRS has issued proposed regulations that would allow certain information return filers to use a TTIN instead of a SSN on their tax documents.  The IRS has run a successful TTIN pilot program in the past and it is believed that this will help curb identity theft.  Even if the regulations are approved, a full 9-digit SSN will still be required for 1040 income tax returns.  The proposed regulation has to do with information returns such as forms 1099, 1098, and 5498.

Postal Workers Assisted in Tax Refund Fraud Scheme

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A multimillion dollar tax refund fraud scheme was dismantled by authorities recently, but not after the IRS paid out over $5 million in refunds based on claims made using stolen identities from citizens of Puerto Rico.  “Operation Mass Mail” finally resulted in a Complaint naming five defendants which was unsealed earlier this week.  IRS Criminal Investigation (IRS-CI) is normally assisted by other federal agencies in tax fraud investigations; this time the US Attorney and the US Postal Inspection Service.

The scheme operated more or less in this manner (allegedly):

  1. Jose Angel Quilestorres got things started from his apartment in the Bronx, filing false returns using stolen taxpayer information
  2. Refunds were received at multiple locations; some were intercepted by US Postal Service workers who accepted bribes to assist in the fraud
  3. The refund checks then changed hands again and were cashed by the other four defendants named in the Complaint

The leader of this operation, Quilestorres, faces a maximum of 32 years behind bars.

The tax problems of the Average Joe pale in comparison.  How can the IRS find time to pursue criminal charges against people who simply fail to file tax returns (even if they pile up a big tax debt) when things like this are going on around us?  Sure, they do find time on occasion, but they have bigger fish to fry.

The Victims of Identity Theft and Refund Fraud

Tampa, Florida criminals are still fixated on tax return fraud, a local trend that has held the attention of the IRS and law enforcement for the past several months.  I have blogged before about the criminals, but what about the victims of these schemes?  The victims are those whose social security numbers have been used to obtain false refunds and are who are blindsided by major tax problems.  When these innocent folks file their own legitimate returns and seek refunds, the IRS often denies them what is rightfully theirs.

It is reasonable for the IRS to carefully investigate these cases; they don’t want to give multiple refunds to the same taxpayer.  But the whole process for rectifying identity theft situations is flawed.

It is clear that the first step for the victim is to prepare and file a Form 14039 “Identity Theft Affidavit,” but what happens next is a mixed bag.  Most of the complaints about the process have to do with the fact that there is no process, no consistency.  This has led one Tampa-area attorney to use a rather unconventional tactict for providing tax help to victims of identity theft.  Attorney Jim Staack has been filing class action lawsuits against the IRS on behalf of aggrieved identity theft victims.  Coincidentally (or not), the class members have received their refunds, without fail, just days after being added in the case.

An Academic View of Tax Fraud

A new book by Duke University professor, Dan Ariely, may shed some light on why so many people looking for tax relief tend to cheat on their income taxes.

The book is called The (Honest) Truth About Dishonesty: How We Lie To Everyone — Especially Ourselves. I should point out that, as far as I can tell from the 8 minute NPR piece that I heard yesterday, this book has nothing to do with taxes. But some of the conclusions drawn from one of his cheating experiments really seems applicable to tax cheats (including those looking for a way to overcome their tax debt and those simply looking for a windfall).

The experiment went something like this: people were given a number of simple math problems and were told that they would be awarded a dollar for each correct answer. At the conclusion of the quiz,and after the correct answers were given, the participants were instructed to go to the back of the room and shred their answer sheets. What they didn’t know is the shredder was rigged so that it only shredded the sides of the paper (so the experimenters could go back and check their honesty). Ariely found that many people were ok with fudging their scores to earn a couple extra bucks.

Then the experiment was altered slightly and the participants, instead of being paid directly for their correct answers, were given tokens which they cashed in for money nearby (1 token = $1). Ariely found that adding this extra step of separation increased the dishonesty of the participants.

The moment something is one step removed from money … people can cheat more and [still] feel good about themselves. It basically relieves people from the moral shackles.

~ Dan Ariely, Duke University

Then one additional variable was added to the experiment. One of the math quiz administrators was pretending to be distracted by a cell phone call in the middle of his instructions. As you might have guessed, Ariely found that this resulted in even more drastic cheating. Apparently, if people can come up with a good reason for cheating (i.e., like somebody was being rude by talking on their phone at an inappropriate time) then it’s that much easier to cheat.

Too many taxpayers fudge their numbers to get a bigger refund. Maybe people feel ok about doing this because the process seems so far removed from the government’s money. AND maybe they feel it is justified because they have been mistreated by The System at one time or another.

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What’s with Floridians and their Penchant for Tax Crimes?

I recently blogged about how Florida is becoming a hotbed of tax crimes.  The US Department of Justice issued a press release this week about a Floridian who appears to be engaging in illegal tax activities right from his prison cell.  I say “appears to be” because, procedurally, this is still just a grand jury indictment, not a conviction.

David Marrero has been charged with corruptly endeavoring to obstruct the Internal Revenue Service (IRS) and filing false claims.  He filed false tax returns in hopes of getting a refund from the government.  He even went so far as to prepare bogus income docs to support his fraudulent refund claims.  Marrero also used other peoples’ financial information as part of his scheme — a common technique in the underground business of false return filing.  If you have tax problems, hopefully this story makes them seem small in comparison.

The IRS has promised to scrutinize return preparer certifications that are issued to inmates, perhaps they should also be taking a careful look at any and all returns filed from prisons.  I’m sure they already are, and that is probably why David Marrero’s strategy failed.  So much for getting out early for good behavior…

Tax Crimes in the Sunshine State

For whatever reason, sunny Florida is a hotbed of criminal tax activities.  Refund fraud is particularly rampant in Tampa, as described in a very interesting article appearing in the Tampa Bay Times over the weekend.  According to the author, Patty Ryan, the new generation of tax criminals either do not fear the IRS or do not believe what they are doing is all that bad when compared to other crimes like drug dealing.

“Frequently, when police find probable cause to search for drugs on a traffic stop, they find trappings of the tax refund trade.

A Nissan Xterra searched in a March 30 drug bust … in East Tampa turned up 48.7 grams of powder and rock cocaine, 100 grams of marijuana, digital scales, $14,957 in cash, four fraudulent tax return checks worth $32,165, and 67 TurboTax debit cards, along with ledgers of personal information for hundreds of people, police said.

The IRS has identified Tampa as an ideal location for a pilot program that would enlist the cooperation of local law enforcement in cracking down on tax cheats.  It’s easy to see why they chose Tampa.

IRS to Cooperate with Local Police in Fraud Probes

The IRS’ criminal investigation division has kept itself very busy with refund fraud cases in recent years.  They would love to be able to enlist the cooperation of local law enforcement but have always been prohibited from sharing some of the information necessary to apprehend tax criminals.  Individual tax return information, for instance, has always been kept strictly confidential under long-standing IRS rules.  In fact, it is a crime for IRS workers to share this sensitive information outside the context of their work.  Believe me, they are very cautious with this data, even in standard tax resolution inquiries.

However, under a pilot program that will be initiated in Tampa, Florida, the IRS will begin sharing some tax return information to local police, so long as the victims of identity theft and tax refund fraud give their consent.  There is no start date yet.

Surprisingly, National Taxpayer Advocate, Nina Olson, is not opposed to this new legislation, as long as the information shared with police is used strictly for law enforcement purposes.

IRS Sweeping the Nation for Identity Theives

Yesterday the IRS announced a nation-wide crackdown on suspected identity theft perpetrators.  With the help of DOJ’s Tax Division and local US Attorneys, the IRS conducted a flurry of visits, inquiries, indictments, and arrests over the last week.  The IRS almost seems obsessed with their stats:

  • 939 criminal charges
  • 250 check-cashing operations under audit
  • 105 people targeted in 23 states
  • 69 indictments
  • visits to 150 money services businesses
  • 58 arrests
  • 19 search warrants
  • 10 guilty pleas
  • 4 sentencing
  • 1 lethal injection administered*

The IRS has also recently added new content to their website dedicated to curbing identity theft. The reason for all this focus on identity theft is to stop and prevent new cases of refund fraud ahead of the tax filing season.

This unprecedented effort against identity theft sends a strong, unmistakable message to anyone considering participating in a refund fraud scheme this tax season. We are aggressively pursuing cases across the nation with the Justice Department, and people will be going to jail. This is part of a much wider effort underway at the IRS to help protect taxpayers.

~ IRS Commissioner Doug Shulman

I don’t know about you but I wouldn’t want to be one of Shulman’s statistics.  The Commish isn’t fooling around.