IRS Accelerates Detection of Fraudulent Refund Returns

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Pursuant to its 2011 audit plan, TIGTA conducted its annual audit of IRS activities during the 2011 filing season. The purpose of the audit was to evaluate whether the IRS timely and accurately processed individual paper and electronically filed tax returns. The final report is dated September 28th, but was just released to the public on November 1st.

One of the highlights of this report was the dramatic increase in fraudulent refund returns. As of April 30, 2011 the IRS had identified 775,723 fraudulent refund returns — $4.6 billion worth — compared to 286,670 identified by the same time last year (a 171% increase). Perhaps even more amazing is the fact that the IRS, through its screening efforts, detected 96% of them, therefore, no refund was issued.

The IRS is clearly increasing its efforts in this area. It is even beefing up its screening of prisoner tax returns, which are often fraudulent. As of April 30, 2011, the IRS reported that it had selected 199,854 tax returns filed by prisoners for screening (a 256% increased compared with the 2010 filing season).

Read full report here.

www.mwattorneys.com

IRS May be Levying you in their Underwear

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The IRS has expanded its use of a wireless and remote access technology over the past several years, allowing employees to access the IRS Network from airports, hotels, their homes . . . anywhere. While it’s interesting to think of the IRS revenue officer sitting at home in his boxers in front of the TV sending out wage garnishment notices and lien letters, the more noteworthy issues here are (1) the efficiency of wireless technology and (2) the security issues it poses for the American taxpayer. The IRS really has to balance these competing values and TIGTA has stepped in recently to help do some balancing.

Today TIGTA released an audit report giving mostly positive marks to the IRS wireless activities. The IRS has adequate controls in place that monitor whether or not the secure network has been breached, and these controls are functioning properly. However, some IRS employees have been accessing the wireless network from unauthorized wireless devices (personally owned USB wireless adapters).

The Fake n’ Bake Tax

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I spent more than a few minutes searching for an appropriate visual aid to go along with this post. I wanted to make sure it was just right.  Okay, maybe I got a little sidetracked.

If you’re not familiar with the new tanning tax that went into effect last summer, maybe you’re the type that likes to soak up the natural sunlight which, by the way, probably causes cancer just the same, but it’s harder to regulate.  The legislation that went into effect on July 1, 2010 imposes a 10% excise tax on ultraviolet tanning services — paid by the burn victims and collected (and reported) by the burners.

TIGTA (IRS’s big brother) released a report today showing that the new tax is not generating near the amount of revenue it was expected to generate.  It was supposed to raise as much as $50 million in the 4th quarter of 2010 and $200 million this year. Instead it raised only $17.8 million in the 4th quarter of 2010 and $36.6 million during the first 6 months of 2011.  So why the poor results?  These are some possible reasons that TIGTA identified:

  • The tax was pushed through quickly and the tanning industry wasn’t prepared
  • Businesses aren’t paying and the IRS isn’t enforcing compliance like it should
  • IRS has incomplete / outdated records of applicable businesses

Read about a recent public hearing on the tanning tax here.

Read about California’s recent ban on indoor tanning for minors here.

Read about the metal umlaut here.

IRS Spends $80 Million with Credit Cards: Legitimacy of Purchases Cannot be Verified

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Yet another TIGTA audit has brought to light deficiencies in the Internal Revenue Service. This time the problems relate to the use of IRS-issued credit cards that are made available to certain IRS employees. Purchases on these cards are supposed to be tightly regulated. But TIGTA found that many of the restrictions on these cards have been ignored, and management has failed to take corrective action when violations have been found.

The cards are meant for purchases under $3,000 — purchases over this amount are governed by a separate set of internal controls. Furthermore, card purchases must not be made without prior managerial approval. TIGTA found significant violations in both areas. The $3,000 limit rule is regularly circumvented by splitting up purchases into two transactions. Improper credit card purchases are not always detected because the IRS lacks sufficient management controls. Instead of asking for more funding and more staff for collections, the IRS really needs to keep a better eye on how they are spending the money they do have.

TIGTA’s review covered the period of September 2007 – March 2009. Here are the key stats:

  • 4,270 credit card holders within IRS
  • 1,024 approving IRS officials
  • 16 different IRS business units
  • 174,000 purchases
  • purchases totaling $80 million

IRS is no Help with Avoiding Fees

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Usually the 16-year-old behind the counter at your favorite fast food establishment isn’t trying to up-sell you and get you to order the more expensive burger on the menu. They don’t care; they’re getting paid by the hour. In fact, they will often go out of their way to help you if there is a cheaper way to order what you want. Well, according to the latest TIGTA report, the 16-year-old at the burger joint may be better with customer service, in some respects, than the IRS.

The latest TIGTA report delves into the Streamlined Installment Agreement (SIA) program. The IRS is not being consistent in their approach to SIAs and are failing in three key areas. One of the failures that TIGTA identified was that IRS representatives are not apprising taxpayers of a less expensive alternative: the “extension to pay.”

It costs $150 to set up an installment agreement — this is a non-refundable user fee. But if the balance is low enough to be paid off in 120 days or less, then an installment agreement is not necessary.  If the balance can be paid in 120 days, the IRS will normally agree to an “extension to pay” and the taxpayer can avoid the $150 fee. If an IRS representative knows that the balance can be paid off in 120 days, then the representative should steer the taxpayer towards the extension to pay rather than the SIA, or at least notify them of the option. As part of their audit, TIGTA found over $1 million in fees that could have been avoided by the extension to pay alternative.

Unfortunately the old adage, “They don’t care; they’re getting paid by the hour” correctly describes some IRS reps too.

IRS Customer Service Audit

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The two things you can be sure of in life are, as the saying goes, death and taxes.  As for the taxes, they are apparently unavoidable on many different levels.  If it’s not the payment of taxes, it’s the waiting on hold with the IRS to get answers to your tax questions.  It has become a fact of life and, as a tax relief attorney, I think I have accepted it.

Wanna see what I’m talking about?  Click here for IRS phone numbers.  Enjoy!

The average wait time has increased every year since 2007.  According to a recent TIGTA audit, IRS average telephone hold times were up to 10 minutes during the 2011 filing season.

During that same timeframe, the IRS achieved a 74.6 percent level of service. Doesn’t sound too impressive until you realize that their goal was 71 percent. So, yes, the IRS surpassed its goal, but you’re probably wondering why they are not setting their sights a little higher.  Well, the answer given by TIGTA is the same tired old problem of limited resources and increased demand. And what exactly is the “level of service” measurement anyway? It’s actually a comparison of the total number of taxpayers who attempt to call the toll-free telephone lines (a whopping 80 million during the 2011 filing season) and the number of taxpayers who actually gain access to the system and are placed in the IRS queue. Certainly a big percentage of the callers hang up before connecting, I know I have more than once.

One bright spot, in my opinion, is the “Estimated Wait Time Message” feature that was implemented for the first time a few years ago. What this does is it helps me to decide if I want to hang up and try again when the call volume is lower. It is actually very helpful, and I have noticed that the estimates are usually pretty accurate.

Nobody likes waiting on hold, but if you consider the massive volume of calls that come in to the IRS each day, I don’t think it’s unreasonable to have to “take a number.”  I think the hold times would be even easier to swallow if, when you finally did connect with a representative, you were greeted by a somebody with solid customer service skills.  It’s the whole quality vs. quantity issue.  But I guess that’s for another day and outside the scope of this particular audit.

Free Tax Prep: You Get What You Pay For

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A total of 3.1 million individual income tax returns were prepared for elderly, disabled, and low-income taxpayers at Volunteer Program sites in FY 2010. IRS Volunteer Programs include  the Volunteer Income Tax Assistance and Tax Counseling for the Elderly Programs. These programs scored extremely low marks from TIGTA (Treasury Inspector General for Tax Administration)  in arecent audit.

The findings of this review are very troubling. ~ J. Russell George, TIGTA

TIGTA found that volunteers are not following guidelines, using intake forms incorrectly, and even knowingly falsifying the facts. This resulted in a sharp increase in inaccuracies during the 2010 filing season. An abysmal 39 percent of the returns picked up by TIGTA auditors were prepared correctly. However, the sample size of the audit was very small: 14 out of 36 returns were error-free.

TIGTA is also concerned that the volunteers are not being properly screened. This is especially troubling given the amount of sensitive personal information that is entrusted to the volunteers by taxpayers who are perhaps more vulnerable to identity theft and fraud than the average citizen.

So, what does TIGTA recommend the IRS do to turn things around? There were many recommendations, and the IRS agreed to implement all of them. Here are just a few:

  • Evaluate the quality review process
  • Include “secret shopper” component in audit process
  • Improve volunteer standards of conduct
  • Develop a process for keeping a closer eye on volunteers
  • Revise intake procedures

These recommendations obviously lack the specifics needed to immediately put them into practice. It will be up to the IRS to fill in the blanks and decide how it will implement these changes. It really is unfortunate that the government cannot provide competent tax prep services to those who are willing to participate in the tax system, but do not have the resources or ability to file on their own. I wonder how many of these people realize that when they sign their name on the return, the error made by the preparer becomes their own error. I also wonder how many of the mistakes made by volunteers have resulted in a tax debt when a refund was expected.

IRS Can’t Procure the Number of Procurement Personnel

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As tax relief attorneys, we regularly deal with the Collections branch of the IRS.  It has been our experience that collection offices across the United States tend to be understaffed, and their personnel often lack sufficient training to work their cases efficiently.

According to a report released yesterday by the Treasury Inspector General for Tax Administration (TIGTA), the IRS Office of Procurement may have bigger problems than Collections . . . but they’re not sure. The Procurement Office is charged with the task of acquiring goods and services to help the IRS meet its mission.  TIGTA is concerned that Procurement may not have enough personnel and that the personnel they do have may not have the skills needed to appropriately spend the $2 billion they have budgeted to spend each year.  This is the actual wording of the report; they “may” not — they don’t know for sure because the Office of Procurement has not been able to identify its acquisition workforce.  They know the number of personnel within the Procurement Office, but there are other IRS employees on the outside that remain unaccounted for.

In other words, there is an unidentified number of IRS employees buying stuff without proper supervision and likely without proper training.  This report confirms the IRS’ image as an immense  bureaucracy that can’t keep track of its own personnel.

IRS Has Increased Criminal Investigations and Convictions

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According to an August 29, 2011 press release by the Treasury Inspector General for Tax Administration (TIGTA), IRS criminal investigations are up 12.3% and criminal convictions have risen 6.9% since 2009.  These figures include investigations of illegal businesses and income sources, but the Criminal Investigation division of the IRS still spends a majority of its time with “legal source” investigations.

Often a bearer of bad news, the last time I mentioned TIGTA, they had reported a 74% increase in tax lien filings at the IRS.  Of course the government doesn’t see it this way, in fact TIGTA commended the IRS for surpassing its goals and expectations.