Category: IRS

Offshore Account Holdouts Better Start Coming Up with Excuses

Thumbnail image for IRS_logo-thumb-150x140.jpgThe jig is finally up for 500 UBS customers. The Swiss bank has notified the first group of the 4,000 some-odd clients that UBS said they would turn over to the IRS. This is one of those, “Have you ever had to deliver bad news to someone and if so, how did you handle it?” moments.
The good news for you holdouts is that you can still appeal:

Those taxpayers whose names have been selected have 30 days to appeal to Switzerland’s administrative court. Um, good luck with that. Part of the criteria for determining whether to turn over the names involved instances of “clear fraudulent actions” including the production of false documents. I’m not sure you could argue your way out of that one – even in Switzerland.

Never mind. You people are screwed.
UBS Set To Turn Over First Set of Names [Tax Girl]

That Apology from the IRS? Yeah, Not Going to Happen

shulman.jpgIf you’re a bigshot at the IRS there are a lot of things that you don’t have to do. For one, you don’t really have to meet anyone’s expectations. For another, you don’t have to worry about delaying plans just because some practicing CPAs have some silly concerns.
The latest perk of being Doug Shulman? Not having to apologize to anyone.
TaxProf Blog:

The Tax Court yesterday ruled that it lacks jurisdiction to order the IRS to apologize to a taxpayer. Caldwell v. Commissioner, T.C. Summ. Op. 2009-169 (Nov. 18, 2009):
The part of Caldwell’s motion which we characterize as a “Request for Apology” asks that we require the IRS to enter into the record “a written apology to the Petitioner, signed by the Commissioner, Internal Revenue Service” …
…
The IRS objected to the Request for Apology on the ground that Congress has not, through section 7430 (relating to administrative or litigation costs) or otherwise, authorized us to grant such relief. [Fn.3] We agree.

There you have it American Taxpayer. Under the law, the IRS doesn’t have to apologize to anyone, despite the evidence that they should probably be apologizing constantly. Going forward, if you want an apology, run down a Republican member of the House of Representatives.
Court Lacks Jurisdiction to Order IRS to Apologize to Taxpayer [TaxProf Blog via Tax Update Blog]

The IRS Is Taking Your Personal Information Seriously, Starting NOW.

Thumbnail image for IRS_logo-thumb-150x140.jpgSometimes we wonder if the Treasury Inspector General for Tax Administration (TIGTA) ever gets tired of telling the IRS that they are doing a lousy job at pretty much everything.
The latest finger wagging from the TIGTA in the Services’ direction has to do with following protocols for processing taxpayer requests for tax returns or transcripts:

Forty-three percent of taxpayer requests for copies of tax returns or transcripts were processed incorrectly or not in accordance with IRS guidelines…
The errors occurred because IRS employees did not always follow guidelines, or because the guidelines were unclear, inconsistent or insufficient in protecting taxpayer information. Existing guidelines allow IRS employees to process taxpayer requests for tax returns or transcripts without an accurate or complete Social Security number and to send copies of returns and transcripts to an address other than that provided to the IRS on tax returns.

Jesus, that’s reassuring. Naturally, the TIGTA is concerned about the American Taxpayer:

“Taxpayers have a right to expect that the IRS will take every measure to protect their tax return information from inappropriate disclosure,” said TIGTA Inspector General J. Russell George in a statement. “The protection of personally identifiable information is a responsibility that the IRS must take more seriously.”

First: judging by the IRS’ track record, they really don’t take anything too seriously, except, perhaps, anything to do with UBS.
Second: Taxpayers have rights? Since when? We’ve been bailing out banks and car companies and you’re concerned about our right to have our tax return information protected? That’s rich. We’ve all been violated to the point of numbness, J. Russell George. Next time, we’d prefer if you said, “The American Taxpayer can expect more of less from the IRS for the foreseeable future. We are in a constant quagmire over here. Please bear with us.”
Honesty. Consider it.
Tax Return Transcripts Expose Personal Information [Web CPA]

Maybe Everyone’s Expectations of the IRS Are Too High

gnomes.pngThe mother of all auditors, the Government Accountability Office, had heard some complaints that maybe the IRS wasn’t doing such a bang-up job on the whole Phase two.
After snooping around, the GAO issued a new report that explained that the IRS needs to work on explaining just what it is they do an why they do it.


Web CPA:

The IRS has no documented objectives for the notice phase and no performance measures to indicate how well the phase is performing in resolving debt cases or achieving other desired results…
…However, in almost all cases, for the five business rules the IRS identified as affecting the most taxpayers, the IRS did not have information on the date the rules were established, the rationale for the rule, or data supporting the rationale…
…IRS collection officials also lacked documentation describing the business rules and how they operate. Further, even though IRS officials estimated that the business rules had been established for years, IRS had documentation for an evaluation of only one of the five business rules.

Let’s recap:
• “…no documented objectives…”
• “…did not have information on the date the rules were established, the rationale for the rule, or data supporting the rationale…”
• “…lacked documentation describing the business rules and how they operate.”
• “…documentation for an evaluation of only one of the five business rules.”
Apparently this is one of those cases where the Service says, “Trust us, we have a plan. But don’t ask us to explain it, we wouldn’t want to bore you. Oh, and don’t ask us how well it’s working. We don’t get too hung up on statistics or success rate.”
We’re just talking about tax dollars after all.
IRS Has Trouble Tracking Debt Collection Notices [Web CPA]

22.4 Million Unanswered Calls Isn’t Really That Many

customer service.jpgCustomer satisfaction is a tough business. Especially when you’re dealing with impatient masses that need that tax refund NOW, so that they don’t miss an installment on a home equity line of credit.
Unfortunately, the IRS wasn’t able to answer 22.4 million calls for this past filing season. This was during normal business hours and were for various reasons including, “the taxpayers hung up, were courtesy disconnected by the IRS, or received a busy signal.” We’d be interested in the ‘courtesy disconnected’ calls as we’re guessing that it some of the calls may have included:


“Sir, I don’t know what the President will do regarding raising your taxes…No sir, I don’t know for an absolute fact that the President isn’t a socialist…No sir, that does not make me a socialist…Hello?”
To the Service’s credit, they did answer 35.8 million calls during normal business hours (still less than half, slackers) according to the report put out by the Treasury Inspector General for Tax Administration.
But the higher than expected number of calls obviously caught the Service off guard, since they must have made the terrible assumption that taxpayers would try reading the instructions prior to calling for help on the Presidential campaign contribution.
IRS Didn’t Answer 22.4 Million Taxpayer Phone Calls [TaxProf Blog]
Higher Than Planned Call Demand Reduced Toll-Free Telephone Access for the 2009 Filing Season [TIGTA Report]

The IRS Doesn’t Want to Burden Anyone Too Much but They Kinda Want That Money

irs.jpgThe IRS, in its continuing effort to squeeze every last dime out of every single one of us, is planning 6,000 audits of companies and their compliance with employment taxes over the next three years.
The Service apparently figured it was about time they started putting the screws to companies since they hadn’t done an analysis since 1984:
Continued, after the jump

The Treasury Department in 2005 estimated, based on the 1984 IRS data, that companies underpay employer taxes by about $14 billion annually. In particular, federal agencies have raised concerns about whether employers are properly classifying workers as company employees or independent contractors.

The Service isn’t wasting any time, already proposing a $14 million tax on FedEx after auditing the courier’s 2002 tax return. The Service is also looking at the company’s 2004 through 2008 tax returns, so FedEx should probably get the check book.
The Service is promising to make company’s experience as ‘least burdensome as we can’ but we’re guessing they’re going to want the money, Lebowski, and being a nuisance will probably be of secondary importance.
IRS to Audit 6,000 Companies to Test Employment Tax Compliance [Bloomberg]
IRS Plans 6,000 Employment Tax Audits [Web CPA]

The IRS Seriously Isn’t Kidding Around About Your Last Chance to Declare Your Offshore Income

IRS_logo-thumb-150x140.jpgThe IRS has decided to give offshore tax scofflaws almost an extra month to rethink their cheater-cheater pumpkin-eater ways, extending the deadline to October 15th from September 23rd. According to the Service, this will be the absolute, final, drop dead chance for offshore account holders to come forward.
Apparently the IRS means biz-nass as 3,000 account holders have already come forward to declare their offshore income. This is compared to less than the 100 taxpayers that came forward all of last year.
You could safely assume that the public flogging of UBS in front of the entire world helped get the IRS’s point across. So now the extension of the deadline seems to be a friendly reminder that you have ONE LAST CHANCE to play ball.
Plus, the Service must have come to their senses and realized that a tax deadline on the 23rd really doesn’t seem to make a damn bit of sense.
IRS extends tax amnesty deadline to October 15 [Reuters via Tax Prof Blog]

IRS: Hookers, Even if They Dress Up as Doctors, Do Not Qualify as Medical Expenses

sex_doctor.jpgWe’re not ones to judge people who prescribe to home remedy treatments of any kind. However, if you choose to run through questionable means of treatment, like say BJ’s, HJ’s, etc., as deductible medical expenses, you’re on your own.
Gothamist:

A state judge has ruled that a 77-year-old Bay Ridge tax lawyer must pay back taxes after wrongfully deducting more than $300,000 for prostitutes, porn, sex toys and erotic massages…he dutifully documented each liaison in a notebook titled “Tax Journal,” in case he ever got audited

It sounds like the old guy was trying to be on the up and up about the whole dildo/Hustler/hooker-therapy methods but since paying for sex isn’t legal, the IRS and the New York state auditor (and are probably prudes) weren’t really down with the whole idea. He probably should have known better as Eliot Spitzer would have likely taken advantage of these deductions long ago had it been kosh.
Court Denies Tax Lawyer’s $100,000 Medical Expense Deduction for Prostitutes and Porn [TaxProf Blog]
Would Skipping Viagra Have Avoided These Expenses? [Tax Update Blog]

Religious Freedom Hanging By a Thread at the IRS?

kirpan.gifOkay maybe that’s a stretch but we’re guessing, what with all the rebellious employees, that the IRS is a tough place to work. Because of this high stress environment, normally rational people may jump to conclusions about otherwise harmless religious symbols.
A judge recently dismissed most of the legal claims of a former IRS revenue agent that wore a kirpan to work.
Continued, after the jump


Web CPA:

The revenue agent, Kawaljeet Kaur Tagore, sued the IRS after she was fired in July 2006 for wearing a “kirpan” to the IRS office in Houston…The blunt knife is traditionally worn in a curved sheath and is supposed to act as a reminder of a Sikh’s duty to protect the weak and promote justice for all. Tagore’s supervisor objected to the dagger, even though she claimed it never set off the metal detector in her building, and she was told to work from home.

How can you not get behind protecting the weak and justice for all? Still, Tagore was fired after refusing to wear a knife with a shorter, 2.5 inch, blade and returning with the 3 inch knife even though, as the original story reports, she had sharper items in her office, including her scissors.
Tagore filed suit earlier this year:

claiming that the government’s conduct violated both the Religious Freedom Restoration Act of 1993 and Title VII of the Civil Rights Act of 1964. The defendants included the IRS, the Treasury Department, the Department of Homeland Security, former Treasury Secretary Henry Paulson, former Homeland Security Secretary Michael Chertoff and several of Tagore’s supervisors.

Bad news is that the judge threw out the some of the Title VII claims but good news is that the one against T. Geith still remains. We’ll continue to follow this story if new developments happen to drop on another painfully slow news day.
IRS Dagger Carrier’s Claims Partly Dismissed [Web CPA Debits & Credits]

IRS Agent Threatens to Kill Treasury Agents Then Throws a Conniption Fit

Perhaps buckling under the mere thought of looking through 52,000 different UBS accounts for tax evasion, an IRS Agent in Valencia, CA threatened Treasury Agents with “I’m going to kill all of you!” when they attempted to search his home.

When the agents tried to serve the warrant, Bront tried to rush back inside his home, where he kept three loaded guns, but a Treasury agent aimed a gun at him and another drew out a baton. After his arrest, he kicked the front seat of the law enforcement vehicle and pounded the door with his elbow before telling the agents he didn’t mean it when he threatened to kill them.

Not withstanding the seriousness of threatening federal officers, the image of a 49 year old man kicking the front seat of a car like a child that didn’t get any ice cream is almost too much for us to bear.

IRS Agent: ‘I’m Going to Kill All of You!’ [Web CPA via TaxProf Blog]