Letter Audit Process Nicer Now . . . But Not Faster

photo via work.chron.com

The number of IRS “correspondence audits” has risen sharply in recent years.  A correspondence audit is a type of tax audit that is handled in the following manner:

  • The IRS sends taxpayer a letter questioning something on his/her tax return
  • taxpayer responds by providing documentation that substantiates the figures on the original return
  • the IRS then closes the case without making changes to the return, OR
  • the IRS sends another letter asking for additional supporting documentation, OR
  • the IRS proposes a tax change based on the information received

If the taxpayer disagrees with a tax change, he/she may appeal the decision.  It is called a correspondence audit because it does not involve an IRS auditor banging on your front door.

Taxpayers naturally want to know what is going on with their case; whether or not their documents have been received, whether or not the documents they submitted are sufficient, ultimately whether or not their tax problem has been resolved.  And in the past, the IRS has been slow to answer these questions.

But recently the IRS has made efforts to improve the correspondence audit process by something called the “Intelligent Contact Management System.”  See TIGTA report.  ICMS allows taxpayers to speak directly with IRS audit representatives rather than leave messages (under the old system) that were not being returned.  However, even though taxpayers may be getting through to live operators and getting answers these days, the answer is still “not yet.”  The audit process is still as slow as ever.  TIGTA confirms in their report that ICMS will not do anything to actually shorten the correspondence audit process.

On a side note, it’s slightly presumptuous for the IRS to use the word “intelligent” in the name of one of its systems, dontcha think?

The Discriminant Index Function

Any tax relief attorney would love to know exactly how the IRS selects returns for audit, but the IRS only gives hints here and there, leaving us to piece it all together ourselves.  A recent TIGTA audit report offers some insight into the process:

image via freepik.com

The IRS developed a variety of sources to select returns for audit. The IRS strives to select for audit those returns for which its examiners are likely to find areas of noncompliance and recommend changes to one or more items reported on the return. One audit source is the Discriminant Index Function (DIF) system, which the IRS has relied on over the years to help decide how to best allocate its audit resources. The system uses mathematical formulas to calculate and assign a score to returns based on their audit potential. The higher the score, the greater the chance an audit will result in recommended changes to the return.

~ TIGTA Report No. 2012-30-062 (June 21, 2012)

So, we know there are mathematical formulas involved.  We know the IRS is looking for returns with errors or “areas of noncompliance.”  And we know that one of the resources the IRS turns to for determining which returns to select for audit is the Discriminant Index Function (DIF).  There appear to be multiple formulas and multiple systems involved in the audit selection process. Continue reading “The Discriminant Index Function”

Ivy League Audits

image via educarelab.com

In this down economy the IRS is doing all it can to improve collection results, which is why it is targeting wealthy individuals, banks, corporations, . . . even universities.

Top Ivy League colleges are in the IRS crosshairs because they raise a lot of money, and not just in tuition & donations.  If you attend Harvard or if you dine there as a visitor, you probably expect more than tacos and fries, and brain food is expensive.  Harvard University Dining Services consists of 13 undergrad dining halls, a kosher kitchen, and 14 retail locations which offer an “unparalleled dining experience.”  And Harvard sports are very popular.  Wealthy Harvard alumni are often happy to pay for season tickets, whatever the price.

Even though nonprofit universities are tax-exempt, they must still pay taxes on any collateral income that is generated — any income that is unrelated to their academic objectives.  According to a recent Bloomberg article, both Cornell and Harvard Universities have been audited by the IRS to make sure they are paying taxes on revenue generated by university bookstores, restaurants, and sports arenas.  Cornell has “passed” its audit, but for Harvard, the jury is still out.

 

 

Supreme Court Rules in Favor of Taxpayer on Assessment Statute Question

How many years should we be concerned about the possibility of an IRS audit?  Most people realize they are in the clear for taxes they filed in the 1990s.  The IRS can’t come back and audit you a decade later because audits and additional assessments are time bound by a 3-year statute of limitations.  In most cases you are in the clear after 3 years from the time you file or from the due date of the return.  However, there is an exception that allows the IRS to double the statutory period in cases where the taxpayer understates gross income by 25% or more.  The whole concept of understating income by 25% can be fairly convoluted as evidenced by the wide variations in how appellate courts have decided the question over the years.

But the highest court in the nation has recently sided with the taxpayer in a case that was expected by many to go the other way.  It was a tax shelter case.  The IRS wanted 6 years, but the Supreme Court ruled that the standard 3-year rule applied.  Some see this as a big win for taxpayers.  Apparently the circumstances that would allow the IRS to stray from the 3-year rule are fairly narrow.

IRS Secrets

In-N-Out has its secret sauce and its secret menu.  Google has its secret search algorithms.  Well, guess what?  The IRS has its secrets too.

For example, everybody dreads the IRS audit, but nobody can tell for sure how to avoid them.  Sure, there are risk factors.  For example, high income taxpayers are more likely to be audited, self-employed’s are more likely to be audited than w-2 employees, and returns that have been amended are more likely to be closely examined than other returns.  However, IRS audit risk analysis is an imperfect science.  Even though it is very common for taxpayers to ask their tax attorney about their individual chances of being audited, tax professionals are understandably reluctant to give a straight answer . . . because they just don’t know.

Robert Wood is a prominent San Francisco tax attorney — one of the leading authorities in his field.  He writes a tax column for Forbes.  In one of his recent articles, he talks about whether or not the risk of audit increases when a taxpayer files an extension.  He thinks it does not, although he points out that other tax professionals disagree.  Interestingly, Mr. Wood does not cite any Revenue Code section, IRM section, or anything.  This is just his opinion based on his 30+ years of experience.

Even if there is a secret IRS audit formula, I’m sure it’s updated regularly to keep people on their toes.

Abel Maldonado: Raises Taxes in 2009, Owes Taxes in 2012

Abel Maldonado, a Republican from Santa Maria, is running for Congress.  He voted with Governor Schwarzenegger and state Democrats to raise taxes in 2009.  Should that preclude him from seeking tax relief by disputing an IRS assessment?  Some think it should.

News sources have Maldonado owing as much as $470,000 in back taxes in connection with poorly-named family businesses, “Agro-Jal Farming” and “Tri-M Rental Group.”  The dispute is either currently in, or on its way to, US Tax Court where a judge will determine whether or not he will be held liable for the tax, plus whatever interest and penalties have accrued since 2006.  See full story here.

Of course the primary detractors are the rival congressional candidates, including Rep. Louis Capps, D-Santa Barbara, who are portraying Maldonado as a hypocrite.   This just goes to show that even the most staunch big-government Democrat usually doesn’t want to pay a penny more than he is legally obligated to pay.  I’m not sure that makes him a hypocrite.

If I voted to reduce the speed limit to 55mph, should I be morally obligated to drive 45?  No.  And if I got ticketed for driving 54mph, shouldn’t I have the right to dispute it?  Of course I should.  And the same things goes for payment of taxes.  Maldonado is no hypocrite; he’s just doing what every single warm-blooded American would do in his situation.

IRS Audit Rates

Tax relief for the wealthy does not have much popular support these days.  And apparently the IRS feels the same.  The IRS recently reported that audit rates for individual taxpayers earning over $10 million has nearly tripled since 2009.  If you’re one of the .01 percent who makes that kind of money, then you have a 29.93 percent chance of being audited.

I know how some people are going to read this headline.  Some people are going to think that they are safe because they earn a lot less than $10 million per year.  If the IRS is focusing its efforts and manpower on examinations of the ultra wealthy, then that means audits of returns filed by the average Joe are decreasing, right?

Wrong.  The overall audit rate remains constant at 1.11 percent.  Maybe you like those odds.  Well, before you do anything you’ll regret later, be aware that income is only one factor that the IRS looks at when determining who to audit.  Furthermore, I’m not certain that these statistics include the so-called correspondence audits, which are becoming more and more common these days.

Mini / Pseudo / “Unreal” Audits

IRS audits are among the most dreaded tax problems. Even though the IRS audited only 1% of returns in 2010 through traditional audit procedures, the IRS sends “unreal” audit letters (Nina Olson’s term) alerting taxpayers to underreported income and math errors at a much higher rate.  Full-blown audits are infamous for sapping taxpayers’ time, money, and sanity. But the “unreal” audit letters often have a similar effect.

[T]raditional audits are just one way the IRS enforces the tax laws. Increasingly, the IRS is relying on what IRS Taxpayer Advocate Nina Olson calls “unreal” audits. These typically come in the form of a letter alerting you to errors or omissions on your return. While these audits are less intrusive than full-scale audits, they can still cost you real money.

~ Sandra Block, USA Today

Read more here.

The Tax Collection Pendulum

They say that clothing fashions tend to repeat themselves over time.  My 20-year-old Metallica T-shirt?  Retro.  Grandma’s 70-year-old dress? Vintage.

Much like the inner-workings of the IRS, right?  Yeah, sort of.  Anyone who has worked in the tax relief industry long enough has seen IRS collection efforts intensify and diminish in repeating cycles over the years.  Well, some believe that the IRS audit pendulum is tipped one way or another depending on the political party of the president.  And I think it’s safe to say that more audits means more revenue collected.

According to the 2005 dissertation by Valentin Estévez at the University of Chicago:

  • Under Democratic presidencies the audit rate of income tax returns is higher than under Republican presidencies even after the inclusion of various political and economic controls.
  • But, during Democratic presidencies the I.R.S. tends to audit fewer individual returns and more corporate returns than during Republican presidencies.

Casey Mulligan, New York Times blogger, agrees.  In fact, he claims that IRS statistics released since 2005 have further supported Estévez’ position.  See full story here.

The Dreaded IRS Audit

If there were a way to guarantee avoidance of an Internal Revenue Service (IRS) audit, there isn’t a person in the country that wouldn’t want to get his hands on that secret sauce.  But there isn’t.  You never know if your return is going to be one of the approximately 1.11% of returns that are selected for audit each year.  However, there are several factors that are known to increase your chance of audit:

  1. High income (particularly income exceeding $200,000)
  2. Large charitable donations
  3. Claiming the home office deduction
  4. Claiming rental losses
  5. Deducting business meals, travel, and entertainment
  6. Claiming 100% business use of vehicle
  7. Running a cash business
  8. Engaging in currency transactions
  9. Taking higher-than-average deductions

Of course if you try to pull shenanigans on your tax return then you open yourself up to greater scrutiny too.  For instance, don’t try any of the following:

  1. Failing to report all taxable income
  2. Writing off hobby losses
  3. Failing to report a foreign bank account

An audit can be a simple, single-issue question, or it can be a complicated, tedious process that results in an assessment of additional taxes.  If the assessment causes a tax debt that cannot be paid, a tax relief attorney may need to be retained.