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Taxpayer Advocate Says IRS Needs to Shift Focus Away from Collections

National Taxpayer Advocate, Nina Olson, recently submitted her mid-year report to Congress.  It is nothing incredibly new, I suppose, except that IRS’ 2015 tax season numbers are completely off the charts (and not in a good way).  Here are some key points:

  • 8.8 million dropped calls due to switchboard overload
  • only 37% of customer service calls were actually answered
  • average hold time was 23 minutes
  • less than 10% of customer service calls answered during peak of tax season

Olson’s preface is a pleasure to read.  Its brilliant, and yet so simple.  She acknowledges the lack of funding that the IRS has had to deal with over the past few years, and she astutely points out that, while difficult, periods of famine (so to speak) can be healthy if they cause you (or an organization such as the IRS) to rethink its priorities and to rethink the way funds are allocated.  The operative phrase here is that it can be healthy.  In her own words:

But from a taxpayer perspective, I am concerned its long-term approach is headed in the wrong direction. First, the IRS continues to view itself as an enforcement agency first and a service agency second. Enforcement is important, of course, but it is a question of emphasis and self-definition. Second, the IRS’s vision of the future rests on a mistaken assumption that it can save dollars and maintain voluntary compliance by automating taxpayer service and issue resolution and getting out of the business of dealing with taxpayers directly in person or by phone.

What the IRS should do during this period of congressional distrust and resulting inadequate funding is examine every one of its underlying principles. In my view, it should transform itself as a tax agency from one that is designed around nabbing the small percentage of the population that actively evades tax to one that aims first and foremost to meet the needs of the overwhelming majority of taxpayers who are trying to comply with the tax laws.

The truth is, most people pay their taxes voluntarily, but the IRS has always been laser focused on collection and enforcement.  Olson is right.  As the IRS continues to put taxpayer service on the back burner, the whole idea of voluntary compliance becomes more tenuous.  And I don’t think Olson is saying that enforcement has no place in our tax system.  There will always be a need for enforcement.  But the focus needs to shift so that it is not the top priority.

One of my mentors taught me how to operate a well-balanced law practice.  He taught me to see it as both a service and a business, and to never lose sight of both.  If you focus too much on the business, then you do your clients a disservice.  And if you fail to give attention to the business aspects, then you won’t earn a decent living.

The IRS is really no different.  As Nina Olson said, they are too focused on the “business” of enforcement and the service side is suffering.  But the great thing about both a law practice and the IRS is, when you give enough attention to the service aspect so that the clients/taxpayers are satisfied, the revenue will come.

Mastermind of IRS Phone Scam Gets 14 Year Prison Sentence

You would have to be living under a rock if you’re not aware of the pervasive IRS impersonation phone scams going around.  These scammers prey on the least-informed, most vulnerable people in society, convincing them that the IRS is on the brink of throwing them into prison for unpaid taxes when, in many cases, no taxes are owed.  Now at least one of the masterminds behind this, Sahil Patel (36), is going to be put away for 14 years.  Patel was sentenced a couple days ago in a U.S. District Court in New York for conspiring to extort, to impersonate government officials, and to commit wire fraud.

The government considers Patel one of the ringleaders in a scam that duped nearly 4,000 people out of a combined $20 million over the past two years.  However, this criminal group is obviously run by more than just Patel as the phone calls have not stopped since his conviction.

Maybe 14 years seems like a long time to you for a crime that doesn’t involve taking a life, but this is what the district judge had to say about it:

The nature of this crime robbed people of their identities and their money in a way that causes people to fee that they have been almost destroyed.

He definitely wanted to “ensure adequate deterrence.”  Plus I don’t think it helped that Patel came across as an “unfriendly” witness.  He reportedly made some sexist comments about the women he hired to do the dirty work and how they were ignorant and gullible.  I know that 14 years seems like a heavy penalty, and you can’t really expect a higher level of severity, but I wonder if this will really deter the co-conspirators who appear to be keeping the scheme operational.  The rewards are so incredibly high for them and, at this point at least, the risks seem to be just low enough.

We can increase the risk by finding more of these guys, and I think the IRS, in cooperation with law enforcement, is doing the best they can.  We can reduce the reward by informing the public — and this is where I think they can improve.  I started this article by saying that one would have to be living under a rock to not be aware of these phone scams, but I don’t know if that is true.  As a tax attorney, I hear about this kind of thing all the time because I am dialed into tax news and events.  But is the average taxpayer getting the message?  I think IRS public service messages are focused on tax professionals.  Maybe there should be a broader kind of outreach through TV and radio.  I suppose there is a reason why they haven’t gone there; maybe they don’t want to freak everyone out.

Stopping Interest on Proposed Liabilities

You may not know this unless you’ve been through it, but when the IRS makes proposed adjustments to your taxes, interest begins to accrue beginning on the tax return due date.  And it is an even lesser known fact that one can completely stop interest from accruing on proposed tax balances by making what is called a “remittance.”  There’s a special term for it because we’re talking about proposed liabilities (before anything has officially been assessed).  After taxes are assessed, it is simply called a payment.

Why would anyone want to make a remittance?  The primary reason for making a remittance is that the taxpayer plans on disputing the adjustment, which could take a long time (especially if taken through the appeals process), and the taxpayer could potentially be on the hook for quite a bit of interest.  Paying a remittance sufficient to cover the total tax, penalties, and accrued interest will stop interest from running on the date it is received.  And if the taxpayer is successful in getting the liability reduced, the IRS will either return the excess or apply it to other tax liabilities.

There are two types of remittances: a deposit and an advance payment.  If you clearly designate your payment as a deposit, the IRS must return it to you, upon request, unless the IRS has already applied it against an assessed liability.  You may even qualify for interest being paid to you for the time that the IRS held your funds.  To qualify, you must provide a written statement that includes the tax type, tax year, and a copy of the 30-day letter.  An advance payment, on the other hand, is treated just like a regular tax payment and will only be refunded to you if you make a valid claim for a refund.

This is all fully explained in IRS Notice 1016 (Feb. 2006) which is often included as an insert in various IRS correspondence.  Be careful not to confuse this process with the cessation of interest on assessed tax liabilities.  The procedures above apply to proposed liabilities only.  Who knows how many of my clients have received this insert and read the title only (“How to Stop Interest on Your Account”) and assumed there is a way to stop interest on their assessed liabilities without paying in full.  The IRS should probably modify the title of this insert so that it is absolutely clear.

Contact us today for more information or a free consultation!

IRS Makes Plans with Private Sector to Curb Future Cyber Attacks

John Koskinen, Commissioner of the IRS, announced yesterday in a press conference that his agency is making plans to join forces with states and the entire private tax industry to combat cyber tax criminals like the ones who recently accessed taxpayer data through the “Get Transcript” application of the IRS website.  It’s the whole “it takes a village” concept applied to the ongoing battle to protect sensitive information on the internet. Government and industry plan to share information in ways they have never done before.

As a tax relief attorney, I don’t know a lot about computers and information technology.  If the top level guys at the IRS are IT ninjas, I’m probably a yellow belt noodle maker.  But commingling of IRS and private sector data makes me nervous, if that’s what they’re talking about doing.  I understand the desire to cooperate on this monumental task of stopping international cyber-criminal syndicates, but I feel like a little separation between public and private sector computer systems is healthy.  It seems to my naive mind that the more connected they are, in the event of a large-scale hack, the more likely we all go down together.

Here are a few nice words from Koskinen’s press conference:

[A]ny organization in the public or private sectors with IT systems and sensitive data faces a battle that seems to grow every day. The nation’s tax system is no different….No single organization can go it alone….None of us has a silver bullet to defeat this enemy….Working together we can achieve results that none of us, working alone, could accomplish.

Such an American thing to do, don’t you think?  Everyone joining forces and working together to defeat a common enemy and prevent a crisis.  I hope this is a step in the right direction and not just the IRS telling us what we want to hear.  The upside to all this for the IRS is that the next time their systems are compromised, maybe they can share the blame with businesses and states.

IRS Downplays Latest Data Breach

The IRS recently announced the unauthorized access into 100,000 tax accounts by cyber-criminals through the “Get Transcript” application on the IRS website.  Virtually every word in Commissioner Koskinen’s statement is calculated to either downplay the seriousness of the breach, deflect the blame, or put a Band-Aid on it, almost to the point that it causes increased suspicion.  It’s like when someone begins a statement with the words, “to be honest,” and you can’t help but wonder if they really are.  I will list everything the Commissioner said that could be taken that way and, of course, let you read between the lines:

  1. The information that allowed the criminals access was obtained from an outside source
  2. The crime was very sophisticated
  3. Access to “Get Transcript” is only obtained through a multi-layer authentication process
  4. The matter is under review by TIGTA and IRS’ Criminal Investigation division (CI)
  5. IRS main computer systems were not affected & remain secure
  6. Although there were 100,000 successful data breach attempts, there were another 100,000 that were unsuccessful
  7. All 200,000 affected taxpayer accounts will get letters from the IRS explaining what has happened
  8. IRS is offering free credit monitoring to those whose accounts were successfully accessed
  9. “Get Transcript” application has been shut down temporarily

And then there was the obligatory and generic “make-them-feel-good” statement:

[T]he IRS takes the security of taxpayer data extremely seriously, and we are working aggressively to protect affected taxpayers and continue to strengthen our protocols.

I totally understand the need to keep the comments positive in this kind of situation.  Any corporation would do the same sort of damage control in the form of some similar carefully worded, lawyer-drafted statement.  We definitely don’t want panic spreading across the nation in response to something like this.  But we are not stupid either.  If this data breach were really as benign as they want us to believe then why did they take the application down?  As much as the IRS has tried to deflect the blame for the data breach, I think they know that there are ways to tighten up security.  Nothing spells this out more clearly than the fact that the IRS immediately deactivated the application to fix it and make it more secure.

IRS Fails Taxpayers Again in 2015

Based on the interim report published by the Treasury Inspector General for Tax Administration (TIGTA), the IRS achieved a 38.5 percent Level of Service and a 24.6 average hold time on IRS phone lines during the 2015 filing season.  I don’t really know what Level of Service entails, but I know that 38 percent is really only good if we’re talking batting average.  You may be wondering, “How do you get such a low score?  I could probably score higher than 38 percent on a test by guessing.”  Well, this is how: you get 45.6 million phone calls and you answer only 4.2 million of them.  BAM.  Done.

Read the report.  It will make you cringe.

Tax Day 2015 Has Arrived!

Free food is great and all, but is that really what you want on Tax Day?  I suppose if you’ve already filed and you’re just waiting for a refund check, then you may have an appetite for a free Hard Rock Cafe burger, a Schlotzksky’s sandwich, or red velvet cake at Tony Roma’s.  But if you’re like many other taxpayers, you have had to work for every dime you earn and you maybe haven’t had time to get your taxes done yet.  Of course, it is also difficult to be motivated to file when you know you’re going to owe.  It you fit this description, then maybe you’re looking for a more valuable bit of Tax Day info, like how to file an extension.

Keep in mind that the automatic extension is “automatic” because it is granted to anyone who asks without the need to show reasonable cause, not because it happens automatically.  You have to so something.  You have to ask for it**.  The IRS website is extremely sluggish right now due to all the extra traffic it gets this time of year, but requesting an extension online using Form 4868 is still the fastest and most convenient way to do it.

You can file it with your electronic payment, through your tax filing software, or through your tax professional.  You’ll need your name, address, and social security number.  You will also be asked to estimate your 2014 tax liability, provide the amount you have paid towards that liability (if any), the amount you are sending in with the form (if any), and lastly, the total remaining liability.

So, what do you get when you file an extension?  How is six extra months?  Congratulations, you may take a deep breath and relax a little because you don’t have to file until October 15th now.  But, there is one big “BUT” associated with filing an automatic extension: an extension to file does not also give you an extension to pay.  If you don’t pay on time then you’ll be charged interest and late payment penalties.

**You don’t even have to request an extension if you are a US citizen living abroad, or if you are serving in the military outside the US.

The IRS and Social Media

Discover the IRS’s Social Media Presence, Minus Instagram

The IRS’ use of social media has always seemed sort of awkward to me.  There’s the IRS Facebook account, for example.  Completely bare bones.  A couple pictures of IRS national headquarters, a blurb about this not being an official source of information about the IRS, and links to the official IRS homepage.   Zzzzzzzzzz.

Yes, I know it has 38,000 likes.  But you have to wonder if these people really “like” the IRS, or if they are acknowledging the IRS in the only way that Facebook allows, there being no “unlike” button.

The IRS doesn’t have an Instagram account.  Their complete social media portfolio includes Facebook, Twitter, YouTube, Tumblr, and IRS2Go, their mobile app (which I’m not sure really counts as social media).  But thank goodness they don’t; there is nothing really visual about what they do.  One look at an tax law firm Facebook page will confirm that.  What kinds of pictures would they post? Suits and cubicles, Friday potlucks, maybe some of the stuff they have seized and sold at auction?

Just for fun, I looked at some of the 46,738 photos with an IRS hashtag and they are nothing special.  Most of the #IRS posts are advertisements.  The second most common, as far as I can tell, are pictures that have nothing to do with the Internal Revenue Service.  Maybe IRS means something else in another country, that’s what I’m thinking.  Lots of Ford Mustangs – maybe a special edition or some fancy tuning.  By far the best ones are the memes.  There is one meme of a guy sitting in his car with a tethered cheetah sitting shotgun that says “When you get your tax return and start buying unnecessary sh*t.”  There are a few memes of skeletons “waiting for their tax refund” or “waiting at the IRS office.”  There is a cartoon in the style of Far Side (accredited to “Reynolds”) that shows a couple sitting at the IRS office.  The sign says “THE IRS” and the guy turns to his wife and says, “Like the sign says . . . it’s all THEIRS.”  My favorite, probably because I can identify with it best, is a screenshot of a cell phone displaying the IRS toll free phone number and the call timer at 50 minutes.  The caption: “This is why no one likes the #IRS…”  Thank you for that @caitlinmaguffee.  It helps to have a good sense of humor this time of year.

Franchise Tax Board (FTB) Contact and Customer Service: Request a Call-Back

There are many things that the California Franchise Tax Board (FTB) does that I would hope the IRS never adopts.  But some might appreciate it if the IRS would follow the example of the FTB when it comes to their customer service phone lines.

Clearly, the IRS could never deliver the same level of customer service as a state taxing entity, due to the insanely large number of calls that IRS gets each day.  I don’t think anybody really expects them to compete on that level.  Likewise, it is naive to think that the state should be able to answer every call as it comes in without leaving taxpayers on hold.  However, FTB has figured out a way to make it much more convenient for the caller.  The FTB phone system has a feature that allows the taxpayer to request a call-back during times of heavy call volume.  The system estimates about how long you’ll have to wait on hold if you choose to hold, and then gives you the option of leaving your name and number and having an FTB customer service rep call you back during that same time frame.

This call-back feature is handy for tax attorneys and tax practitioners, but it is especially useful for unrepresented taxpayers.  I have used the call-back feature a few times, but I typically do not mind holding either.  I often have a handful of cases that are queued up and ready to go once they pick up, and while I wait there’s always Instagram and TIGTA reports, but mostly Instagram.  But taxpayers calling in on their own case can be really discouraged by a 30+ minute wait, and it is nice to have the option of saving your place in line without actually waiting on the line.

I understand the administrative burden this feature would cause though.  It’s not a huge amount of extra work, but even a little extra work on such a large scale can be reason enough to just maintain the status quo.  IRS customer service has really gone down the toilet in the last few years, so really status quo wouldn’t seem too awful right about now compared to any additional slippage in service.

IRS Audit Percentages Still Dropping

I have written before about the federal budget cuts and reduction of IRS personnel and what sorts of implications this has on the typical taxpayer.  One of the most noticeable consequences is that when you pick up the phone with a tax question or an inquiry into your tax account, you have about a 50/50 chance of getting through and speaking with someone.  Customer service is at an all-time low.

But something else has hit a record low, at least in the last ten years.  And that something is Audits.  Less than 1 percent of tax returns were selected for audit in 2014, and even fewer will be audited this year.

Obviously this is very good news for the taxpayer, but very frustrating for IRS executives, including Commissioner Koskinen, who stated that this trend “carries serious implications for our tax system and the nation.”  I can’t say for sure, but I’d assume that at least one implication is less revenue.  That’s my attempt at a joke.  Of course that’s one of the implications.  They are the Internal Revenue Service.  What’s the point if they’re not bringing in revenue?  Which leads me to an interesting question: Assuming it is true that your chances of being audited are the lowest they have been in 10 years because there are only about 11,600 revenue agents (and dropping) conducting audits, if you are selected, what are the chances of walking away unscathed?

The fact is some tax return audits result in zero liability.  But I could see that becoming a thing of the past.  First, I could see the IRS becoming more selective in the returns it picks for audit.  They will pick the returns with more obvious issues; ones that will more likely result in additional revenue for the government.  Second, I could see the IRS becoming more rigorous in their audit techniques.  If the overall number of audits is low, then the IRS has to be more “effective” in their audits to keep the revenue flowing.  I apologize in advance for this obnoxious analogy, but a boa constrictor often goes months in between meals, so when it does capture its prey, it is not going to let go before it squeezes the life out of them.  We’ll keep an eye on the IRS and see if these snaky predictions come true.