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Volume 2, Number 10
Reporting
fraud to the IRS can be effective and isn’t a waste of time. Yet review the
report issued by the watchdog Treasury
Inspector General for Tax Administration, you might
wonder if it’s worth the bother. Tipping the IRS with evidence of fraud may
not produce results. See The Process for Individuals to Report Suspected Tax Law
Violations Is Not Efficient or Effective.
Here are
some rather grim statistics about reports of fraud to the IRS in fiscal 2011:
1. The IRS website for reporting fraud was
visited 501,218 times–they do keep statistics.
2. The IRS received a whopping 116,307
submissions on IRS
Form 3949‑A. Innocuously, this form is called an Information
Referral. It is distinct from Form
211, Application for Award for Original Information,
the IRS Whistleblower form.
3. The Report concludes that the IRS is “not
efficiently or effectively” processing these forms.
4. Reporting guidelines are confusing and
inconsistent. For example, the Instructions to Form
3949‑A don’t explain what types of
fraud or tax violations to report. They tell you to check boxes for various
tax violations like False Exemption, False Deductions, Multiple Filing,
Unsubstantiated Income, Kickbacks, False or Altered Documents, Failure to Pay
Tax, Unreported Income, Failing to File Returns, Failing to Withhold, etc.
5. People often report something besides tax
fraud or violations. You aren’t supposed to use Form 3949‑A for reporting identity theft but many people do. Even if you use Form 3949‑A as intended, it just isn’t
specific enough. In many cases a completed form doesn’t provide the IRS with
enough ammo to take any action.
6. Many tips provided to the IRS don’t meet
IRS criteria to take action. Do they follow up? Apparently not or not well.
7. The IRS treats identity theft reports on a
Form 3949‑A as “regular correspondence.” That means the IRS
delays action on identity theft cases.
8. A lack of IRS quality review results in some
of the forms simply being destroyed! For example, about 3,000 Forms 3949‑A used to report identity theft were destroyed because there was no
procedure on how to process these claims. What’s more, the identity theft
victims weren’t even notified.
9. Ineffective IRS routing procedures and
oversight allow Forms 3949-A to be sent to the wrong parts of the IRS.
10. Some of the forms are mistakenly considered
unworkable. Does the IRS follow up and try to get more data? Well, the forms
are retained for 90 days and then destroyed.
Obviously, this isn’t a happy list. One hopes that
apart from retooling the IRS whistleblower office,
actions will be taken to remedy these deficiencies
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