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Monday Magazine                                          INSIDE THE IRS. - By Eva Rosenberg                                          June 08 - June 14, 1998.




Eva Rosenberg

Inside the IRS
by Eva Rosenberg, MBA, EA.

Moderator, HelpDesk, WebReview.



For those of you who like statistical gossip about the goings on inside the IRS, here's what happened this last tax season, along with my inimitable insight - spelled sarcasm! (Where appropriate... And the comments are in shades of blue!)


TAX SEASON '98: Filing Stats from the IRS. According to the Internal Revenue Service, taxpayers have reaped the benefits of the two principal hallmarks of this very successful tax season: increases in electronic activity and improvements in customer service.

1) Electronic filing of tax returns -- by computer and by telephone -- surpassed IRS projections, increasing by more than 28 percent, to 24.2 million returns as of April 17. The IRS Web site had over 340 million hits from taxpayers seeking information, forms or publications; almost tripling last year's filing season activity. IRS TaxFax sent more than 750,000 faxes, an increase of more than 30 percent.

This is my first year using E-File. I only tested it on about a dozen returns. Will be doing it for mine, too. Because of my software, TaxWorks, it turned out to simple and painless.

Looking at their TeleFile program (where you can file simple tax returns by keying in information from your own phone), you can see why H&R Block's commercials are starting to target more sophisticated clientele. If TeleFile expands, the quickie, tax storefronts like H&R Block and Jackson Hewitt will lose a major part of their customer base. Even immigrants can use a touch tone phone.

2) The IRS opened its telephone help lines 96 hours a week, resulting in 17 million fewer busy signals. More than 150 local IRS offices offered walk-in assistance on six Saturdays. A special Earned Income Tax Credit Awareness Day and two Problem Prevention Days helped taxpayers get the benefits they were entitled to while avoiding mistakes on their returns.

Remarkably, except for once, every time I called the IRS, I was connected to a live person in under ten minutes. Better still, they were able to take care of putting holds on IRS wage and bank levies on the spot. Sadly, though, my clients didn't get the same results - you think maybe they don't know what to ask for - or how? Like maybe my years of training and experience - and the hours I put in to stay on top of the information and procedures are worth something? What a concept.


As of April 17, the IRS had received more than 100 million tax returns and processed more than $84 billion in refunds, with nearly $32 billion of that amount deposited directly to taxpayers' bank accounts.

1998 FILING SEASON STATISTICS

Cumulative through the week ending 4/18/97 and 4/17/98

        1997 1998 % Change

INDIVIDUAL INCOME TAX RETURNS [electronic and paper]:

Total Receipts   100,867,000     100,267,000     -0.6  
Total Processed   68,411,000     71,906,000     5.1  

See that reduction in total returns received? Do you think that may have to do with the imbecilic Capital Gains maze? See the IRS note below about Schedule D's.

ELECTRONIC-FILING -- TOTAL RECEIPTS:

Standard E-file 14,242,000 18,307,000 28.5
TeleFile 4,677,000 5,933,000 26.9

What did I tell you about TeleFile? See, your own phone is now a powerful weapon. And, if you want to file a fraudulent return - you can stop jeopardizing your preparer! Not that I haven't seen preparers filing false returns without even telling their clients they've done that to/for them. These "pros" rely on getting lots of clients because they are "expert" at getting them high refunds. Ultimately, it's the client that faces huge penalties when the fraud is discovered - and trust me, the IRS is getting better at it!

REFUNDS CERTIFIED BY THE MARTINSBURG COMPUTING CENTER:

Number 60,380,000 62,531,000 3.6
Amount (US$Billion) 78.221 84.217 7.7
Average Refund 1,295 1,347 4.0

Please note - this is after they held up lots of refunds due to errors or fraud on the returns. Ask me about that someday.

DIRECT DEPOSIT REFUNDS:

Number 15,079,000 17,557,000 16.4
Amount (US$Billion) 26.896 31.849 18.4

This has great participation. But even though I really like my buddies at the IRS, I'd never volunteer my bank account number to them. What are you, nuts?

MAY PROBLEM SOLVING DAYS FOCUS ON SMALL BUSINESS. Beginning May 16th, IRS will begin to emphasize the use of problem solving days to resolve issues for small business as well as individuals. See the IRS Digital Daily homepage:
or call the toll-free NAEA TaxFax (800-804-1040) to obtain the complete list (TaxFax doc. #760).

Terrific. A brilliant idea. Don't abuse it! Go in, with or without your preparer if you have been having a problem for a long time. Don't go there to have people do your return for you; to convince the IRS to break the law; or to set up a simple installment agreement - you can do that one by phone.

Go to the Problem Solving Days if the IRS made a mistake and you haven't been able to get anyone to understand - like your husband filed a joint return without your signature, while you filed your own separate return - and the IRS is charging you for taxes on an illegally filed return. You know, stuff like that.

You must make an appointment for these days. See if your situation qualifies when your call for the appointment.

IRS LOOKING FOR SCHEDULE D FROM ONE MILLION TAXPAYERS.
At least one million taxpayers with capital gains distributions of less than $33 failed to attach a Schedule D to their returns and will be hearing from the IRS. . . the Taxpayer Relief Act of 1997 eliminated the option of taxpayers with capital gains distributions of less than $300 simply writing "CGD" next to the capital gains line on Form 1040. Absent the Schedule D, the IRS does not know at which rate a distribution should be taxed. TRA 97 created tax rates of 28, 25, 20 and 14 percent, depending on how long the instrument was held and when it was sold.

Duh, I don't get it. Do you?

PENALTY RELIEF FOR FAILURE TO TIMELY FILE THE 1997 FORM 3520-A. Because the 1997 Form 3520 A, Annual Information Return of Foreign Trust With a U.S. Owner, was not available in time for foreign trusts to meet their filing requirements, no penalties will be imposed.

Gee, they've never done that before! Uh huh. Do you know how many times we've had filing requirements and the forms (and rules) didn't exist for more than a year after they were due to be filed? Talk about vaporware!

IRS PROSECUTIONS VARY. If you live in a small city in the South in 1996, you were twice as likely to face an IRS criminal prosecution than if you lived in a large metropolitan city such as Los Angeles. A study done by the Transactional Records Access Clearinghouse found that per capita tax convictions were twice the national average in Pensacola, Fla.; Greensboro, N.C.; Memphis, Tenn.; and Charleston, W. Va. Convictions in Los Angeles, Chicago, Boston and Detroit were below the national average. "Depending upon where you live, there are many hard-to-explain variations in how the government treats taxpayers," said David Burnham, the study's author, who will testified before the Senate Finance Committee on April 28.

Whew! Get out of those small towns, buddy. Too many people know what you're up to. And the best source of criminal information is from people who turn you in. Did you know about Form 211? The one that will give you a reward if the IRS can prove your accusations and collect money from your (former) friends, boss or lover. (Talk about Orwell's 1984!)

IRS AUDIT REVEALED CONFIDENTIALITY FLAWS. Aghast to find that by simply offering a taxpayer's name, address and Social Security number, a government investigator was able to gather confidential taxpayer information with a simple phone call, the IRS has put in place new requirements for release of information. Now calls to change a taxpayer's address or release of tax account information will require at least two other pieces of information in addition to the name, address and phone number.

Well, that makes my job that much harder. Professionals with legitimate powers of attorney are finding it harder and harder to get problems resolved because the IRS agents are being over careful!

SIGNS OF THE NEW IRS . . . want to know more about the Commissioner's proposed reorganization for IRS? Just go to the IRS homepage (see tax links on NAEA homepage ), scroll down all the way to the bottom, and click on "Meet the Commissioner," then "The IRS is Modernizing."


If all of this has intimidated you or helped you understand why you need a wiser and brighter tax mind to help you, ...and you don't want to pay me my exorbitant fees (trust me, I do not come cheaply!) - here's a great source for the nation's tax experts:

NAEA's toll-free Enrolled Agent Hotline helps you find a local Enrolled Agent - fast ... here's the number: 800-424-4339 or visit the Tax Channel on the World Wide Web: http://www.naea.org or at AOL - America Online, keyword Tax Channel

In fact, I borrowed these Tidbits from E@LERT that the National Association of Enrolled Agents send exclusively to member EAs.



Eva Rosenberg, MBA, is an Enrolled Agent in Encino, California. She is a sought-after speaker on tax and small business issues. Her practice focuses on small business, non-filers, and problem tax audits. Please submit questions for this column to evarose@mmgco.com You will find answers posted to YOUR queries at (PLEASE NOTE) Eva's Tripod page — Tax Bytes Readers Bite Back.

Rosenberg is also the creator of My Wish List and the publisher of a free e-zine, GiftSurfer's Digest.

© 1998 Eva Rosenberg, All Rights Reserved.



Eva is planning a weekend seminar - for tax professionals, you might want to attend.

SouthwestFest '98
June 11-13, 1998
Prescott, AZ
(The hotel is also a casino!)

Saturday, June 13, 1998
Registration and breakfast at 7AM, followed at 7:30AM by:

Eva Rosenberg, EA...
Getting Your Practice in $hape
Getting Wired! $EArch the ‘net
Getting Those Non-filers Back into the $ystem

Eva will preside over a lively and silly auction. http://www.sacea.desert-horizons.com/conventn.htm


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Updated July 1, 1999