Congressional Republicans are skeptical the IRS’s treatment of conservative groups warrants a special prosecutor, fearing that step could limit their own investigation into the agency. GOP lawmakers stress that – with just one inspector general's report and three hearings in the rearview mirror – it’s too early to lean on a special counsel, and that calling for the Justice Department to act should be a last resort. “When I can’t do my job because I lack the authority or cooperation, I’ll seek additional remedies,” House Oversight Chairman Darrell Issa (R-Calif.) told reporters on Thursday. [The Hill]
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That Apology from the IRS? Yeah, Not Going to Happen
If 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 TIGTA Manages to Give the IRS Credit for Doing a Decent Job at Taxpayer Assistance Centers
The most nagtastic wing of the Federal Bureaucracy, the Treasury Inspector General of Tax Administration, gave an extremely tepid thumbs-up to the IRS today for satisfying the needs of taxpayers using services at Taxpayer Assistance Centers (“TAC”).
If you look at the TIGTA’s report, you’ll find a fairly neutral title, “Surveys of Taxpayers With Tax Account Issues Indicate They Are Satisfied With the Service They Received at Taxpayer Assistance Centers.”
However, if you read the title of the press release you’ll find things take considerably less enthused turn, “TIGTA Survey Finds Taxpayers Generally Satisfied With Level Of Service Received At Taxpayer Assistance Centers.”
Why the unnecessary adverb TIGTA? If you remove the ‘generally’ the title remains informative, so may we ask what the unspoken element is here? Are you insinuating that the IRS sucks at everything else it does and this particular survey just happens to stray from the narrative?
Hell, even Inspector General/Head IRS nag, J. Russell George, was caught off guard and offered the following “what have you done lately,” statement, “The IRS should continuously ensure it is providing the best available service to all taxpayers, including those with tax account issues who visit their Taxpayer Assistance Centers, and find cost-effective ways to do so.”
When asked, “Overall, I was satisfied with the customer service I received from the IRS during my visit to the IRS walk-in office,” 75% of those surveyed responded “Strongly Agree.” If you can get 3 out of 4 people to say that their experience with the IRS was positive rather than “I was giving strong consideration to strangling one of the employees with my shoelace,” you best recognize a job well done.
Filing a Bogus $1 Trillion Lien Against IRS Employees Proved To Be an Ineffective Intimidation Technique
Who knew!?
Oregon attorney Micaela Renee Dutson and her husband Tony Dutson were convicted of defrauding the U.S. Government of over $7 million but not before doing their damnedest to stave off the IRS and DOJ investigating them.
The Dutsons were a creative couple, selling “pure trust” packages to their clients who were told that their income would be tax free if it were placed in trust. They sold these products despite “several warning letters from the IRS, articles in the Oregonian newspaper warning the public against tax shelter scams, and a compl stice Department on behalf of the IRS in an effort to stop them from selling their tax shelters.”
The IRS started auditing the Dutsons’ clients who, prior to engaging the dynamic tax duo, were seemingly compliant taxpayers. The IRS informed these clients that the “trusts” were actually illegal tax shelters and that they were being bamboozled.
This was, of course, unacceptable to the Mr and Mrs and they went on a serious offensive:
[T]he Dutsons began a campaign to obstruct the IRS’s audits and investigation, and to harass and intimidate the individual IRS employees who were auditing or investigating them. First, they created and presented dozens of fictitious financial instruments to the IRS purporting to pay off back taxes for themselves and a number of their clients.
Even though they knew the bogus instruments had no financial value and had never been accepted by a creditor, they continued to sell them to their clients with false promises they would pay off their tax liability. The Dutsons also advised clients to use them to pay off commercial debts, including mortgages and court-ordered obligations. Together, the Dutsons and their clients presented over $44 million worth of these bogus financial instruments over a four-and-a-half-year period.
To further obstruct the IRS, and harass and intimidate its employees, the Dutsons advised clients to file frivolous lawsuits against the IRS employees. The Dutsons charged their clients $3,500 each to prepare court documents and help their clients file them. They continued to advise clients to file these lawsuits — even after a federal court had dismissed the first of these suits as frivolous and without merit — without telling their clients about the dismissal.
After the Justice Department filed the complaint for a permanent injunction, and IRS special agents had notified the Dutsons in person that they were under criminal investigation, the Dutsons filed a $1 trillion lien in California against several IRS employees who had attempted to audit or investigate the Dutsons, as well as the DOJ attorneys who filed the complaint. A federal court later ruled that the lien was null, void and without legal basis, but one week later, the Dutsons prepared a $108 million lien for a client against John Snow, who was then Secretary of the Treasury.
The Dutson probably figured the jig was up and since $1 trillion is a nice round number the figured “why the hell not?!?” Back in the early ’00s a trillion was fantastical number (for the most part), not tossed willy-nilly like it is these days. The Dutsons could have filed the lien for $1 gabizillion and it would have made as much sense.
Oh and while they were at it, just file another one against the Secretary of the Treasury. If it was Tim Geithner, sure we can see that happening for a whole host of reasons but John Snow? Wasn’t he one of the most harmless cabinet members of the Bush Administration? If they would have filed the lien against Dick Cheney they could have garnered a little popular support at least.
Oregon Attorney Convicted of Tax Fraud After Filing $1 Trillion Lien Against IRS [Web CPA via TaxProf]