Some IRS News & Some FTB News

Posted by Wetenkamp on with 0 Comment

Internal Revenue Service

The IRS expects the 2014 tax season to be delayed by one to two weeks.  That would mean the new tax season would begin somewhere between January 28th and February 4th.  The reason for the delay?  None other than the historic Fall 2013 government shutdown.

The IRS normally begins tuning and tweaking their complicated tax return processing systems in the fall, even before the start of the 4th quarter.  This year’s system testing period was delayed when the IRS closed its doors during the first half of October.  You should also be aware that the February 4th start date is only an estimate.  The IRS will re-evaluate and confirm the 2014 Tax Season start date in December.

California Franchise Tax Board

We often hear about federal tax scams, but the FTB recently sent out a warning to California residents to keep their eyes and ears open for phishing schemes and identity theft.  There is apparently a scheme which targets elderly taxpayers in Beverly Hills.  The caller, posing as a FTB employee, tells the victim that they were ticketed for a red light violation and their case has been forwarded to the FTB for collection purposes.  As ridiculous as this may sound, the IRS has been given so many additional responsibilities over the years that it’s hard to say what they may have a hand in.  So, why not the FTB too?

The moral of the story is the same as it always is for the IRS: they won’t contact you by email, and they will rarely call you without sending a series of notices first.  You need to be suspicious if either of these things happen to you.

IRS Asks for Patience

Posted by Wetenkamp on with 0 Comment

The IRS issued an “Operations Resumption Statement” last week on its website after opening its doors back up on October 17th.  The IRS wants taxpayers and tax professionals to know that that they are aware of the backlog that has resulted from the 16-day shutdown:

At this point, we know we received a large amount of correspondence during the closure. We know there will be a substantial increase in demand for our phone services and many other operations

In other words, “stop reminding us about the delays and long hold times; we know we have problems right now.”

The IRS also acknowledged that it will take time for the call centers and walk-in assistance centers to ramp up to normal levels of operation.  Since they are still assessing the damage caused by the government shutdown, there is no way to estimate how long the ramping up process will take.  I would guess that things will be slow for several weeks, perhaps even a couple months.  This is based on my experience as a tax attorney over the years.  Even one day off at the call centers often has residual effects on hold times and mail processing times.  A 16-day shutdown is unprecedented and we have no way of knowing when the IRS will be back to “normal” at this point.

In light of the enormous backlog that the IRS has committed to focus on over the next several weeks, the IRS has asked that taxpayers and tax professionals delay or limit their contacts with the IRS except in urgent situations.  Of course, after 16 days many of the issues that could have been considered non-urgent have now been upgraded to higher levels of urgency.  And I think the IRS realizes that too.  They just ask for our patience right now.  Ask anyone who deals with the IRS on a regular basis — if there is anything we know, it’s patience.

FTB Updates Top 500 List

Posted by Wetenkamp on with 0 Comment

The California Franchise Tax Board (FTB) updated its “Top 500 Delinquent Taxpayers” list this week.  And to dispel any doubt about the effectiveness of this program, FTB also announced that the list shrunk to only 350 before it went live on their website.

Two times a year, the FTB publicizes a list of individuals and corporations with the biggest state tax debts.  Those on the Top 500 list are identified by name, city/state/zip, amount due, tax lien filing date, and information about state-issued licenses.  The license information is relevant because one of the consequences of being in the Top 500 is the FTB has the authority to suspend state-issued licenses such as drivers license, contractor license, state bar membership, medical board, bureau of real estate, department of insurance, etc.

There are several doctors, attorneys, real estate agents, and contractors on the Top 500 list.  There are about 14 individuals shown to be licensed by the State Bar of California and, interestingly, all but one of those licenses are still active.  The one that is no longer active bears the status of “disbarred,” which leads me to believe that the bar itself revoked the license, not the FTB.  Perhaps the FTB understands that suspending a bar license would severely restrict its ability to collect what is owed.

At the top of the list is the individual with the largest state tax debt on the books — the one I like to call “the winner” — Mr. Mon Bill Hom of Los Angeles.  Hom happens to be an attorney with an active bar license.  He owes $6.3 million, with tax problems dating back at least to 1995 (the year the tax lien was filed).  In looking at his state bar profile, it appears that he was suspended for two years back in 1999 after the IRS cleaned out his client trust account and he didn’t have the money to replace it.

I started this post by saying that the Top 500 Delinquent Taxpayers list is an effective enforcement tool.  Back in August the FTB sent out letters to the potential Top 500 candidates explaining to them that they can avoid being publicly named by resolving their accounts before October 15th.  And in a span of about two months, 150 of them came forward and resolved their accounts with the FTB by either paying in full, entering into an acceptable installment agreement, or settling by way of Offer in Compromise.  I’m sure some of them appealed their cases or filed bankruptcy (which also results in removal from the list), but FTB stated that it was able to collect $5.3 million specifically from debtors trying to avoid the Top 500 list.  I’d call that a success.

Bold New Tax Scams

Posted by Wetenkamp on with 0 Comment

Some IRS scam artists are using bolder techniques to get their hands on taxpayers’ personal and financial information.  Emails are very common; we have seen many phony IRS email campaigns over the years.  Deceptive mailers are also prevalent, many of them rising to the level of what I would call a scam.  Far less common is a direct phone call from someone claiming to be an IRS employee, but there has been somewhat of an outbreak of these recently.

Blogger and tax attorney, Kelly Phillips Erb, reported that one of her clients recently got a call from somebody claiming to be from the IRS.  It is Erb’s opinion that IRS scammers are taking advantage of the government shutdown; they feel emboldened by the fact that victims can’t very well call the IRS right now to report them.  A local news source in Minnesota has also recognized an uptick in IRS phone scams, although I don’t agree with them that the test for identifying a phony IRS call is a thick accent.  I have also been informed of a couple IRS phone scams close to home (or perhaps the same one?), one from a client and one from a concerned taxpayer.  The latter was told that the IRS was going to come to his place of employment to arrest him.

Not to get too psychoanalytic or anything, but phony IRS phone calls takes the deception to a whole new level.  Granted, if somebody is tricked into giving up their social security number or credit card number, to them it doesn’t matter if it occurred in an email or over the phone.  The result is the same either way.   However, I do feel like it takes a different type of criminal to be bold enough to swindle somebody in a one-on-one situation.  An email campaign is so impersonal; a criminal can reach thousands of people with a couple clicks of a mouse.  But in a successful phone scam, the criminal needs to utter multiple lies to multiple victims.  It just seems like a much bolder form of tax scam and hopefully it is not a sign of things to come.

IRS is Closed, but Still Accepting Your Payments

Posted by Wetenkamp on with 0 Comment

The IRS has provided a detailed explanation regarding what services are available during the lapse in appropriations — and it’s not much.

  • no live telephone assistance
  • no walk-in availability at local IRS offices
  • no refunds to be issued
  • no correspondence will be opened/reviewed
  • no tax return processing
  • no third party transcript requests
  • no installment agreement requests will be reviewed
  • no hardship status requests will be reviewed
  • no offers in compromise will be reviewed
  • no audit, exam, or appeal conferences
  • no levy releases (presumably)

The IRS clearly stated that they will not be issuing any new levies during the lapse in appropriations.  This applies to automated levies that are generated by ACS (Automated Collection System) as well as those issued by live field agents.  However, the caveat there is that some levy notices appear to have gone out after the government shutdown because they were post-dated.  If a particular levy notice was actually issued prior to the IRS closing its doors, then it will be impossible to get it released for the time being.  Also, “intent to levy” notices (those that warn taxpayers of future levy risks) will continue to be mailed out by the automated system.

But we know that at least some IRS personnel continue to work through the shutdown.  What are they doing?

  • cashing your checks
  • conducting criminal investigations
  • issuing emergency levies & seizures

Emergency collection actions usually involve situations where collection of the tax is in jeopardy: for instance, where the CSED (Collection Statute Expiration Date) is approaching and the IRS is on the verge of forever losing an opportunity to collect a substantial tax debt.  Even during normal operations, the IRS is quite selective in what it deems a “jeopardy” situation.  So during the IRS closure, this scenario would be “extremely limited” according to the IRS.

Government Shutdown: Residual Effects on IRS

Posted by Wetenkamp on with 0 Comment

The effects of the “government shutdown” have been far-reaching and I’m certain we will feel the effects for months to come, even if everything is switched back on soon.

In IRS world, even one day off tends to cause residual delays and bottle-necks.  For example, when the IRS observes a national holiday and shuts down on a Friday or a Monday, the work tends to pile up, making it more difficult for taxpayers to get help for the following couple business days.  This is especially true in the IRS call centers where they have little control over work flow.  A salaried employee, such as an IRS revenue officer, can put in extra time before a day off so that work doesn’t pile up too much.  But the work flow of an hourly call center employee is more dependent on the volume of inbound taxpayer phone calls.

The IRS always experiences high call volumes on Mondays and days following holidays because IRS problems don’t just go away on their own.  If you can’t get through to the IRS on one day, you’ll probably try again as soon as possible.  And I don’t feel like the IRS hold times have ever really recovered to what they once were before the IRS began furloughing employees earlier this year.  But now we are talking about an unprecedented closure of several days in a row (and how many more, we do not know).  I would not be surprised if the residual effects of the IRS shutdown are felt well into 2014.

What Kind of a Watchdog is TIGTA?

Posted by Wetenkamp on with 0 Comment

It seems like about once a month the IRS finds itself in the news headlines, and it is never anything positive.  Often the problem is that they have mismanaged funds one way or another.  This time, ironically, they have been criticized by the Treasury Inspector General for Tax Administration (TIGTA) for failing to account for some of their Obamacare spending.  I say “ironically” because these people are BEAN COUNTERS for Pete’s sake! Shouldn’t bean counters be able to keep records and track spending?  What do they do all day?  The IRS, and the government in general, needs to handle its finances like a responsible, hard-working individual might handle his personal finances.  And I’m pretty sure that would include carefully tracking where the dollars are being spent.

I know it is easy (and fun) to oversimplify IRS mistakes and problems.  But even if we don’t understand the complexity of the issues at the IRS, the sheer number of problems leaves no doubt that this is an agency in serious trouble.

We could say that it’s up to TIGTA to deal with the details, but there’s only so much TIGTA can do.  They do a great job writing reports and describing in agonizing detail the problems they find during IRS audits.  They even go so far as to make thoughtful recommendations.  But recommendations can be ignored.  I’ve always thought TIGTA should be given real power to drive change.

The media often refers to TIGTA as a government “watchdog” group.  Well, if TIGTA is a watchdog, it’s not a very good one.  An effective watchdog is mean when it has to be.  TIGTA is dedicated and vigilant, but fails to strike when a threat is detected.

Further Attempts to Regulate Return Preparers

Posted by Wetenkamp on with 0 Comment

The government is trying to impose regulations on tax return preparers again.  This time they are relying on rather questionable authority.  It is a post-Civil War statute called the “Horse Act of 1884.”

After the Civil War, individuals often filed loss claims against the US government, primarily for horses that were lost in battle.  A cottage industry sprung up that provided representation in the filing of such claims.  Not surprisingly, once agents started filing loss claims for a fee, there was a spike in fraudulent claims, so the government began regulating them, giving only the ethical ones the title of “enrolled agent.”

That title still exists today.  Enrolled agents are tax preparers that also have authority to represent taxpayers before the IRS.  They often prepare tax returns, but they are also permitted to negotiate for tax relief as a representative of the taxpayer.  In the hierarchy of tax professionals, they fit somewhere between a regular tax preparer and a tax accountant.  The legal team opposing regulation points out that the key difference is that a tax preparer may not actually represent a taxpayer.  The IRS would have the court ignore this distinction and expand a 140-year-old statute.

I don’t know if it is fair to require that every tax preparer take tests, pay fees and maintain a license.  With so many people using tax software to file on their own, the mom-and-pop tax prep firms already struggle quite a bit these days.  Regulation of the entire tax preparation industry would hit some firms pretty hard.

IRS Collecting Less Revenue "By Force" . . . For Now

Posted by Wetenkamp on with 0 Comment

According to the latest TIGTA report, enforcement revenue is down at the IRS.  Enforcement revenue is the money collected through enforced collection activities rather than through voluntary compliance.  Enforcement revenue is down because the IRS has decreased the overall number of enforced collection actions (i.e., lien, wage garnishment, bank levy, property seizure).  The number of enforced collection actions is down because the number of IRS enforcement personnel is down.  And the number of enforcement personnel is down because the funding that the IRS used to receive for these positions is down as well.  According to TIGTA:

The 13 percent reduction in enforcement revenue correlates to the 14 percent reduction in the number of enforcement personnel … since Fiscal Year 2010, approximately 8,000 full-time IRS positions have been lost—about 5,000 from front-line enforcement personnel.

But who are considered enforcement personnel?  Auditors?  Revenue Officers?  Call center personnel?  All of the above?  One news source suggests that these 5,000 lost “enforcement” positions are auditor positions, but I would take it to mean something broader than that.  The TIGTA report does not specify.  I think it matters, because 5,000 lost auditor or revenue officer positions is rather significant, and could realistically be responsible for the 13 percent drop in enforcement income.  However, 5,000 fewer Automated Collection Department phone operators would result in extended hold times, but probably not a drastic drop in enforcement revenue.

Maybe 13 percent is not enough to make an appreciable difference from the perspective of a tax practitioner.  The IRS is supposedly issuing fewer liens and levies, but I sure haven’t seen this to be the case.  And it is certainly not something we can count on continuing for too long.

TIGTA Questions Tax Gap Stats

Posted by Wetenkamp on with 0 Comment

The most current “tax gap” figure is $450 billion — a little too nicely rounded, isn’t it? Seems like a wild guess, right?

Every year Americans collectively owe hundreds of billions of dollars in taxes.  But the IRS is successful in collecting only part of that.  The “tax gap” is the difference between these two figures.  It is the difference between taxes owed and taxes paid without resorting to enforced collections.  Of course it is much more than a “gap” these days; it is more like a chasm.  Tax gap data is some of the most important data there is for an agency whose primary duty is to figure out who isn’t paying and get them to pay.

As important as this information is, the IRS calculates and reports the tax gap only once every 5 years.  The most recent tax gap analysis was completed in January 2012, which provided tax gap data for tax year 2006 ($450 billion).  If you see a problem with this delay in information, you’re not the only one.  Recently the Treasury Inspector General for Tax Administration (TIGTA) issued an audit report criticizing the IRS’ tax gap analysis procedures.

One of the criticisms was related to the turnaround time on these reports.   Granted, tax gap figures are not easy to come by.  We’re talking about some very difficult calculations that are based on pretty convoluted data.  Indeed, part of the reason why the IRS only does this report every 5 years is because it takes nearly that long to gather and report on the data.  However, TIGTA would like to see tax gap reports churned out more regularly.  The more current the data, the more likely it is to assist with tax policy and administration.

As you can imagine, there are probably a thousand different versions of the tax gap (a thousand different ways to calculate it).  That’s what I mean by “convoluted data.”  But, as if it weren’t complicated enough already, TIGTA also recommended that the IRS include separate estimates for revenues lost in the “informal economy” (i.e., drug deals and small cash transactions) and offshore tax evasion.  Also, the IRS has been asked to change the way it calculates the corporate tax gap.

So, really it’s the same old story with the IRS: they’re being asked to do more, do it more quickly, and do it with less money.  Poor guys.