Additional Strategies Are Needed to Ensure the Employee Plans Compliance Resolution System Will Accomplish Its Intended Purposes

 

September 2003

 

Reference Number:  2003-10-190

 

 

This report has cleared the Treasury Inspector General for Tax Administration disclosure review process and information determined to be restricted from public release has been redacted from this document.

 

September 12, 2003

 

 

MEMORANDUM FOR COMMISSIONER, TAX EXEMPT AND GOVERNMENT ENTITIES DIVISION

 

FROM:     Gordon C. Milbourn III /s/ Gordon C. Milbourn III

                 Assistant Inspector General for Audit (Small Business and

                 Corporate Programs)

 

SUBJECT:     Final Audit Report - Additional Strategies Are Needed to Ensure the Employee Plans Compliance Resolution System Will Accomplish Its Intended Purposes  (Audit # 200210048)

 

This report presents the results of our review of the Employee Plans Compliance Resolution System (EPCRS) programs.  The overall objective of this review was to determine whether the Tax Exempt and Government Entities (TE/GE) Division implemented the processes for the EPCRS programs to accomplish its program goals and consistently apply the EPCRS guidelines.

In summary, the EPCRS programs are the centerpiece of the TE/GE Division’s Employee Plans (EP) function’s efforts to maximize voluntary compliance for more than 700,000 qualified plans with approximately 111 million participants and assets totaling more than $4 trillion.  In the 1990s, the Internal Revenue Service (IRS) initiated several methods to allow plan sponsors to correct deficiencies in their plans and retain their tax-exempt status.  These methods were organized into the following three programs: 

·        The Audit Closing Agreement Program (ACAP), which allows plan sponsors to correct certain plan failures identified during an examination and negotiate a sanction to be paid to the IRS as a result of the plan failures.

·        The Self-Correction Program (SCP), which allows plan sponsors to correct some operational errors without an IRS sanction and does not require the plan sponsor to report the correction to the IRS unless the error is identified during an examination.

·        The Voluntary Correction Program (VCP), which allows plan sponsors to voluntarily notify the IRS of certain types of plan failures along with a proposed correction method.

The TE/GE Division created the Voluntary Compliance (VC) organization to provide the basis for growth of existing EPCRS programs and development of new programs, improve coordination and consistency across programs, simplify administration, and facilitate end-to-end accountability.  Although EP function management has continued to place emphasis on the EPCRS programs and the EPCRS continues to be the centerpiece of their efforts to maximize voluntary compliance, the TE/GE Division has not established clear, measurable EPCRS goals for the three EPCRS programs.  The EPCRS revenue procedure establishes general principles for implementing the system, but it does not contain measurable program goals.  Without measurable goals, it is difficult for management to develop processes for evaluating whether the underlying principles of the EPCRS are being achieved in the most effective manner.

In addition, EPCRS procedures do not ensure similar plan failures are handled consistently among different EP function offices.  For example, Examinations Program coordinators were using different ranges to determine the ACAP sanctions.  Also, some plan sponsors may have to use ACAP procedures and pay a sanction to correct operational failures that other plan sponsors are allowed to self-correct.

Furthermore, the TE/GE Division has not established appropriate goals and measures for the EPCRS programs in the annual EP Examinations Program operating plan.  As a consequence, no accountability exists for achieving improvements expected from the VC organization.  For example, EP function management identified some Examinations function employees incorrectly closing some self-correction cases as “no change” cases.  While EP function management was unsure why the cases were closed in this manner, they suspect that using the “no change” closing procedures assisted in meeting the cycle time goals for the Examinations Program.  When using SCP procedures, employees are required to verify that the plan sponsor has appropriately corrected the failure before closing the case.

We recommended that the Director, EP function, develop measurable participation goals for each EPCRS program, along with a method to measure the results, and develop a process to measure the impact of marketing and outreach efforts.  The Director should also implement standardized procedures for determining ACAP sanctions and the significance of plan failures, establish measures to incorporate EPCRS goals into the Examinations Program, and reemphasize the proper Examinations Program closing procedures for operational failures corrected using the SCP.

Management’s Response:  The Commissioner, TE/GE Division, generally agreed with our findings and recommendations but had concerns on how to implement some of the recommendations.  EP function management acknowledged that they have not established numerical goals for the number of corrections made under the three EPCRS programs and stated several reasons why that would be difficult to do.  However, the EP function will continue to work with its stakeholders to determine the effect the correction programs have on compliance.  The Treasury Inspector General for Tax Administration (TIGTA) believes that participation goals are one indicator of whether customers are using EPCRS programs.  If EP function management does not want to develop participation goals, they should consider establishing other goals to determine whether EPCRS programs are actually increasing voluntary compliance or if plan sponsors are voluntarily ensuring their plans are compliant.

Also, the Commissioner, TE/GE Division, indicated that EP function management will analyze the feasibility of surveying applicants under the VCP to help determine the impact of outreach activities on use of the correction programs.  To address consistency issues for the SCP and ACAP, EP function management plans to test three ACAP sanction structure proposals and is developing a peer review process to review cases closed under the SCP and ACAP.  The VC organization is developing a webpage to provide tools to assist in the consistent application of the EPCRS. 

Finally, the Commissioner responded that EP function management is proposing adding a commitment to each area manager’s Performance Management System for Fiscal Year 2004 to evaluate ACAP and SCP training needs, communicate the requirement to use procedures outlined in Revenue Procedure 2003-44, and identify and address barriers.  While this proposed action may bring accountability to the area managers and improve the accuracy of ACAP and SCP cases, the TIGTA believes it does not provide EP function management with assurance that the EP function staff are correctly closing cases consistently nationwide, or that closing procedures are consistently communicated nationwide.  If EP function management decides not to include this in the Performance Management System, alternative actions will still be needed.  Also, consistency may be improved by having the Director, EP Examinations, communicate the requirements.  Management’s complete response to the draft report is included as Appendix IV.

Copies of this report are also being sent to the IRS managers who are affected by the report recommendations.  Please contact me at (202) 622-6510 if you have questions or Daniel R. Devlin, Assistant Inspector General for Audit (Headquarters Operations and Exempt Organizations Programs), at (202) 622-8500.

 

Table of Contents

Background

Measurable Goals and Processes Need to Be Established for the Employee Plans Compliance Resolution System Programs

Recommendation 1:

Recommendation 2:

Standardized Procedures Are Needed to Ensure Case Actions Are Consistent

 

Recommendation 3:

Accountability for the Employee Plans Compliance Resolution System Should Be Included in the Examinations Program

Recommendation 4:

Recommendation 5:

Appendix I – Detailed Objective, Scope, and Methodology

Appendix II – Major Contributors to This Report

Appendix III – Report Distribution List

Appendix IV – Management’s Response to the Draft Report

 

Background

The Tax Exempt and Government Entities (TE/GE) Division’s Employee Plans (EP) function is responsible for administering the tax code for more than 700,000 qualified plans with approximately 111 million participants and assets totaling more than $4 trillion.  These qualified plans include various employee benefit plans, such as pension plans, profit-sharing plans, Internal Revenue Code section 401(k) retirement plans, employee stock ownership plans, and stock bonus plans.  In the past, when deficiencies were identified in a plan, Internal Revenue Service (IRS) management did not have any remedies to correct a plan’s failures other than to revoke its tax-exempt status.  This action has tremendous consequences for the individuals participating in those plans because their retirement benefits may then become taxable.

To fill this void, in the 1990s, the IRS initiated several methods to allow plan sponsors to correct deficiencies in their plans and retain their tax-exempt status.  These methods were eventually organized into the following three programs:

·        The Audit Closing Agreement Program (ACAP) was developed within the Examinations Program and allows plan sponsors to correct certain plan failures identified during an examination and negotiate a sanction to be paid to the IRS as a result of the plan failures.  The EP function reported that it closed 157 ACAP cases for the first 10 months of Fiscal Year (FY) 2002 and collected $3.2 million of associated sanctions.

·        The Self-Correction Program (SCP) allows plan sponsors to correct some operational errors without an IRS sanction and does not require the plan sponsor to report the correction to the IRS unless the error is identified during an examination.  As a result, the IRS does not know the total number of plan sponsors that have corrected plans using this method.

·        The Voluntary Correction Program (VCP) allows plan sponsors to voluntarily notify the IRS of certain types of plan failures along with a proposed correction method.  The plan sponsors submit a processing fee (not a sanction) to obtain the IRS’ written agreement on the appropriate correction method.  The EP function reported that it closed 780 VCP cases for the first 10 months of FY 2002 and collected $3.2 million in processing fees.

In 1998, the correction methods were rolled into one system called the Employee Plans Compliance Resolution System (EPCRS) revenue procedure.  The EPCRS revenue procedure is based on general principles that include encouraging plan sponsors to voluntarily correct plan failures, enabling plan sponsors to make corrections in a timely and efficient manner, and ensuring that the programs are consistently administered within the EP function.  The EPCRS revenue procedure also outlines the eligibility and processing requirements for each of the three programs and is periodically updated to add new methods or change the eligibility requirements.

Prior to FY 2002, the three EPCRS correction programs were administered by different offices within the TE/GE Division.  Due to inconsistencies in the way the offices governed the three correction programs,  the TE/GE Division modernization redesign team created the Voluntary Compliance (VC) organization, which was staffed in February 2002.  The expectations for the VC organization included the following:

·        Provide the basis for growth of existing EPCRS programs and development of new programs.

·        Improve coordination and consistency across programs.

·        Simplify administration and facilitate end-to-end accountability of the EPCRS.

To assist in the consistent application of EPCRS procedures, EP function management created the Voluntary Compliance Council (VCC), consisting of members from the Rulings and Agreements, Examinations, VC, and Customer Education and Outreach (CE&O) functions.  The VCC is responsible for the development of processes, procedures, and published guidelines on voluntary compliance matters that cross the Examinations and Rulings and Agreements functions.  EP function management created the Central Coordination Committee (CCC), consisting of all the coordinators from the Examinations, Determination, and VC functions.  The CCC is responsible for ensuring that EPCRS procedures are consistently applied across the three functions.

The audit was conducted in accordance with Government Auditing Standards at the VC organization office located in Washington, D.C., and in selected EP function field offices nationwide between January and June 2003.  Data used in this report on the number of plans, plan participants, and total assets came from various IRS reports.  As such, we did not verify the accuracy of the information from those sources.  Detailed information on our audit objective, scope, and methodology is presented in Appendix I.  Major contributors to the report are listed in Appendix II.

Measurable Goals and Processes Need to Be Established for the Employee Plans Compliance Resolution System Programs

EP function management has continued to place emphasis on the EPCRS programs, and the EPCRS continues to be the centerpiece of their efforts to maximize voluntary compliance, as stated in their FY 2003 Annual Work Plan.  However, the TE/GE Division has not established clear, measurable goals for the three EPCRS programs.  The EPCRS revenue procedure establishes general principles for implementing the system, but it does not contain measurable program goals.  For example, the general principles encourage plan sponsors to self-identify and correct plan failures.  However, the TE/GE Division has not defined how the term “encourage” should be measured and has not set a numerical goal for the number of corrections made under the EPCRS programs.  Without measurable goals, it is difficult for management to develop processes for evaluating whether the underlying principles of the EPCRS are being achieved in the most effective manner.  

Growth of existing EPCRS programs

Among the expectations of the EP function’s voluntary correction programs were to have more plan sponsors use the EPCRS programs and to develop new programs for plan sponsors who did not qualify for the current EPCRS programs.  To meet these expectations, EP function management continues to expand eligibility requirements for the EPCRS programs.  For example, the SCP program was expanded in May 2001 to permit small employers to self-correct insignificant Simplified Employee Pension failures, and the VCP was expanded in July 2002 in the area of anonymous submissions.  However, the TE/GE Division had not established program goals to evaluate whether the expectations of the new programs are being met or the effect each program has on the other.

One incentive for plan sponsors to use either the SCP or VCP is the substantial amount of sanctions that can be associated with the ACAP cases that are identified during an EP examination.  Because ACAP cases are dependent upon the numbers and types of examinations (e.g., if there are fewer examinations, there will be fewer opportunities to identify plan failures that result in ACAP closures), TE/GE Division management believes it would be difficult to establish ACAP goals.

Two components of management accountability, as defined by the Office of Management and Budget Circular A-123, Management Accountability and Control, are that managers are expected to increase program productivity and control program costs.  In addition, the Government Performance and Results Act of 1993 (GPRA) requires that major functions of operations specify in their annual plans the general goals and objectives, including outcome-related goals, to determine the skills, technology, and human capital necessary to achieve these goals.  However, because measurable goals have not been established for the three EPCRS programs, EP function management cannot evaluate whether EPCRS programs are actually increasing voluntary compliance in an effective manner.

The only EPCRS measurable goal the TE/GE Division included in its FY 2002 Annual Work Plan was the total number of VCP cases closed compared to an estimated number.  The estimated number includes a compilation of factors, such as an estimated number of submissions, prior year closures, and an adjustment for an estimated increase of SCP cases.  However, this type of goal is difficult to attain because EP function management may not always be able to accurately estimate the number of VCP submissions that will be received.  If the volume of submissions drops, there will be fewer cases to work and fewer closures.  This is what occurred in FY 2002.  The number of VCP closures decreased, and EP function management believes that plan sponsors were using the SCP instead of the VCP; however, there are no objective data to validate this assertion.  Because plan sponsors are not required to report SCP corrections, it is difficult for EP function management to know whether use of the SCP has actually increased.

The TE/GE Division has not established a measurable goal for the SCP because it has been unable to develop a feasible method by which to capture the number of participants without discouraging their participation.  TE/GE Division management considered including the SCP as a question on the Annual Return/Report of Employee Benefit Plan (Form 5500); however, they thought plan sponsors would be reluctant to answer the question for fear an examination might result.  Another method considered was to require all EP Examinations function employees to request the SCP packages from the plan sponsor during the initial interview to document the number of participants in the SCP; however, TE/GE Division management decided this line of questioning could also discourage the use of the SCP.

Because the SCP is such an important, but currently unmeasured, part of the EPCRS, EP function management should consider participation goals for this program that can be measured.  EP function management should consider collecting these data using customer surveys or, at a minimum, requiring that examiners include an SCP question in their initial interviews.  EP function management agreed to consider these alternatives, but stated the surveys would not provide a complete picture of the use of the SCP.  For example, EP function management could send customer surveys to those who had been examined in the past year asking how many had self-corrected, but only a small percentage of the population is examined.  TE/GE Division management will need to determine whether this type of limited quantifiable data for the SCP will be of benefit to the EP function.

Marketing EPCRS programs

In November 2002, VC organization management worked with the CE&O function to create a VC organization marketing plan with two established goals.  The first goal is to make every plan sponsor aware of the necessity of internal control and monitoring systems for ensuring retirement plans are in compliance with the law.  The second goal is to increase the use of EPCRS correction programs offered by the IRS.   

To accomplish these goals, the VC organization is creating educational material with technical guidelines that explain the requirements for maintaining employee plans, flowcharts that guide the applicant through the eligibility process of each program, and a section that provides responses to frequently asked questions.  The educational material will be available on the IRS Retirement Plans web site. 

In addition, the CE&O function continually works with the VC organization to schedule speeches, benefit conferences, and panel discussions that educate customers and promote the various EPCRS programs.  As of February 2003, EP function employees had either performed or scheduled over 160 of these events for FY 2003.

EP function management informed us that customers are aware of the EPCRS programs.  For example, the participants in the EPCRS seminars verbally informed the presenters that they are using the SCP instead of the VCP.  Although EP function management is able to quantify the number of presentations given, they have not established an effective process that will substantially evaluate whether the educational and marketing efforts will achieve the desired goals in the VC organization marketing plan, as required by the GPRA.

Expanding and promoting EPCRS programs will assist sponsors in the identification and correction of plan failures.  However, because EP function management has not established an effective way to measure the impact of these educational and marketing efforts on compliance, they cannot determine whether the appropriate amounts of resources have been applied to increase voluntary compliance through increased marketing of the EPCRS programs.

Recommendations

1.      The Director, EP function, should develop measurable participation goals for each EPCRS program, along with a method to measure the results.  TE/GE Division management will also need to determine whether limited quantifiable data for the SCP will be of benefit to the EP function.

Management’s Response:  EP function management does not believe use of formal surveys is a feasible alternative in measuring the use of the SCP and establishing participation goals for this program.  With respect to the VCP, the number of applications received is not within the IRS’ control.  Establishing participation goals for the ACAP is both difficult and troubling.  However, the EP function will continue to work with its stakeholders to determine the effect its correction programs have on compliance and solicit suggestions on ways to improve the EPCRS programs.

Office of Audit Comment:  Participation goals are one indicator of whether customers are using EPCRS programs.  If EP function management does not want to develop participation goals, they should consider establishing other goals to determine whether EPCRS programs are actually increasing voluntary compliance or if plan sponsors are voluntarily ensuring their plans are in compliance with the law.

2.      The Director, EP function, should develop a process to measure the impact of the marketing and outreach efforts on the desired marketing goals.

Management’s Response:  The Director, EP CE&O, will request that the number of visits during FY 2004 to the correction topic of the Retirement Plans webpage be tracked.  In addition, EP function management will track the number of EPCRS products distributed as well as the number of speeches delivered by EP function representatives and the number of speech attendees.  During FY 2004, EP function management will analyze the feasibility of surveying applicants under the VCP to help determine the impact of outreach activities on use of the correction programs.

Standardized Procedures Are Needed to Ensure Case Actions Are Consistent

Another expectation of the new VC organization is to improve coordination and consistency among programs.   This expectation coincides with the EPCRS general principle that these programs be administered in a consistent and uniform manner.  However, we found that EPCRS procedures do not ensure similar plan failures are handled consistently among different EP offices within the Examinations, Determination, and VC functions.

Establishing fees or sanctions

After the EP function identifies a failure that will disqualify a plan, an employee works with the designated EPCRS coordinator to arrive at the appropriate correction method and the amount of any fee or sanction.  Because of the wide variety of plans and the level of significance of plan failures, it is difficult to set specific sanction amounts that would equitably address every type of plan failure.  The EPCRS coordinators and the two councils are intended to help ensure consistency in this process.  It is the coordinators’ responsibility to ensure the different EP offices consistently apply an appropriate correction method and fee or sanction.  If a coordinator has a question or concern with the EPCRS procedures or case actions, the issue can be elevated to the CCC. 

Nonetheless, each coordinator, along with his or her manager, must determine whether a proposed action should be implemented.  In addition, EPCRS correction methods and sanctions are not subject to a centralized review that would ensure consistent case actions.  This latitude presents a risk that sanction amounts will be determined inconsistently and result in inequitable treatment of customers. 

We identified an area that might result in inconsistent treatment.  The six Examinations Program coordinators do not agree on a standard range for the ACAP sanctions.  As a result, each coordinator works with individual EP function employees to assist the employee in negotiating a sanction amount with the plan sponsor.  The sanction amounts are generally negotiated within a range that could be as high as the amount of tax if the plan was disqualified, and as low as the amount the plan sponsor would have paid in processing fees if the sponsor had volunteered to correct the failure using the VCP.  The VCP fees are grouped into six different ranges depending upon the number of plan participants.  The processing fees could range anywhere from $500 to $70,000, with the suggested amount being the median within each range.  Three of the Examinations Program coordinators advised us that they used the median amount as their low end, and the other three advised us that they used the high end of the VCP range as their lower limit. 

Only the VC organization has decided to implement a fixed fee structure for all VCP cases, which will ensure consistent processing fees.  These new VCP procedures were incorporated into the EPCRS revenue procedure issued in June 2003.  EP function management recognizes that similar guidelines in determining ranges for ACAP sanctions are needed in the Examinations Program to ensure more consistency in that Program and has developed six different proposals.  They are still evaluating the proposals and have not yet agreed on the appropriate method.

Deciding the significance of the failure

Another EPCRS case action that may be inconsistently administered is the decision to determine the significance of a plan’s operational failure.  If the operational failure identified during an EP function examination is insignificant, EPCRS procedures allow the plan sponsor to self-correct under the SCP.  If the failure does not qualify for the SCP, EPCRS procedures state the plan sponsor would need to correct it using the ACAP and also pay a sanction. 

The EPCRS revenue procedure provides several elements that should be considered when deciding the significance of a plan failure; however, the decision is left to the group managers.  Some of these factors include:

·        The number of plan participants that are affected by the failure.

·        The percentage of plan assets involved in the failure.

·        The number of years operating with a failure. 

If the correction method is not covered in the EPCRS revenue procedure or if the group manager needs assistance, cases should be elevated to the Examinations Program coordinator.  However, five of the six Examinations Program coordinators have no set percentages or standards to use when deciding whether a plan failure qualifies for the SCP.  One Examinations Program coordinator interpreted procedures differently from the others by qualifying all cases for the SCP if only 1 year was involved.  Other Examinations Program coordinators had not set standards for this decision and stated that cases are individually evaluated based on the facts.

Using the CCC to resolve inconsistencies

EP function management established the CCC to resolve any inconsistent application of EPCRS procedures.  The first issue of establishing EPCRS fees and sanctions requires the EP function to coordinate the activities of the Examinations, Determination, and VC functions to reasonably ensure that customers are receiving consistent treatment.  The second issue of deciding the significance of an operational failure during an examination involves only the Examinations function.

These two issues have been discussed by the CCC.  The CCC decided to establish a fixed-fee structure for VCP cases but did not decide on the appropriate range for ACAP cases.  For the decision on whether an operational failure is significant and qualifies for self-correction, the drafted procedures state the decision should be based on the suggested elements of the case.  However, based on our discussions with the Examinations Program coordinators, the procedures need to be more clearly defined to ensure more consistent determinations of the level of significance of plan failures.

EP function management needs to develop standard procedures along with processes that will ensure the EPCRS procedures are consistently applied, both within the three EP functions and across functional lines.  The existing process does not provide reasonable assurance that coordinators are applying the EPCRS in a consistent manner.  As a result, similar plan sponsors with the same types of plan failures may be assessed different sanctions because they operate in different geographic areas.  In addition, some plan sponsors may have to use ACAP procedures and pay a sanction to correct operational failures that other plan sponsors are allowed to self-correct.

Recommendation

3.      The Director, EP function, should implement standardized procedures for determining ACAP sanctions and the significance of plan failures.  Also, a process should be developed to ensure these procedures are consistently applied.

Management’s Response:  During FY 2004, EP function management will test three ACAP sanction structure proposals to determine the impact on compliance and consistency.  Also, the area coordinators are developing a peer review process to review cases closed under the SCP and ACAP in an effort to promote consistency.  In addition, the VC organization is developing a webpage that will provide tools to assist in the consistent application of the EPCRS, such as closing agreement templates, a catalog of issues addressed by the CCC, and answers to questions received from taxpayers.

Accountability for the Employee Plans Compliance Resolution System Should Be Included in the Examinations Program

The TE/GE Division has not established appropriate goals and measures for the EPCRS in the annual EP Examinations Program operating plan.  As a consequence, no accountability exists for achieving improvements expected from the VC organization.  For example, one of the expectations of reorganizing the EP voluntary correction programs was to simplify administration and facilitate end-to-end accountability.  Since March 2002, VC organization management has been responsible for working all of the new VCP cases from beginning to end and is in the process of implementing a centralized inventory system to control these cases, as well as the ACAP and SCP cases.  While the centralized inventory system will facilitate administration of EP voluntary correction programs, the VC organization still does not have control over the Examinations function, which works all of the ACAP and SCP cases.

The CCC, along with VC organization management, provides guidance to EP Examinations function employees working SCP and ACAP cases.  However, the Examinations and Determination Programs do not have established goals for the EPCRS in their work plans.  This creates a risk that the EPCRS programs may not be given the proper priority.  One such risk was recorded in the minutes of a VCC meeting.  EP function management stated that operational reviews had identified cases where some Examinations function employees incorrectly allowed plan sponsors to self-correct operational failures and closed the cases as “no change” instead of using SCP procedures. 

While EP function management was unsure why the cases were closed in this manner, they suspect that using the “no change” closing procedures assisted in meeting cycle time goals for the Examinations Program.  When using SCP procedures, employees are required to verify that the plan sponsor has appropriately corrected the failure before closing the case.  Verifying the correction requires more work and, consequently, increases the amount of time needed to close the case. 

Because EP Examinations function employees may not be properly recording these SCP cases, EP function management is not getting an accurate assessment of their efforts to increase compliance.  This could also affect the EP Examinations function’s Risk Assessment Program if plans requiring self-correction are closed as a “no change.”  If there are sufficient numbers of these incorrect closures, the applicable market segments could reflect an overstated level of compliance.  Including EPCRS measures in the Examinations Program plan would establish accountability for achieving EPCRS program goals in addition to Examinations Program goals.

Recommendations

4.      The Director, EP function, should establish appropriate measures to incorporate EPCRS goals into the EP Examinations Program so Examinations function employees are accountable for both EPCRS and Examinations Program goals.

Management’s Response:  EP function management does not believe that the incidence of plan errors can be predicted and does not want to create a situation in which the establishment of program goals may affect either the examination selection process or the outcome of any case.  Instead, the Director, EP Examinations, is proposing adding a commitment to each area manager’s Performance Management System for FY 2004 to evaluate ACAP and SCP training needs, communicate the requirement to use procedures outlined in Revenue Procedure 2003-44, and identify and address barriers.

Office of Audit Comment:  While this proposed action may bring accountability to the area managers, it does not provide EP function management with assurance that the EP function staff are correctly closing cases consistently nationwide.  Also, if EP function management decides not to include this in the Performance Management System, alternative actions will still be needed.

5.      The Director, EP function, should reemphasize the proper Examinations Program closing procedures for operational failures corrected using the SCP.

Management’s Response:  EP function management is proposing adding a commitment to each area manager’s Performance Management System for FY 2004 to evaluate ACAP and SCP training needs, communicate the requirement to use procedures outlined in Revenue Procedure 2003-44, and identify and address barriers.

Office of Audit Comment:  While this proposed action may improve the accuracy of ACAP and SCP cases, it does not provide EP management with the assurance that closing procedures are consistently communicated nationwide.  Consistency may be improved by having the Director, EP Examinations, communicate the requirements.

 

Appendix I

 

Detailed Objective, Scope, and Methodology

 

The overall objective of this review was to determine whether the Tax Exempt and Government Entities (TE/GE) Division implemented the processes for the Employee Plans Compliance Resolution System (EPCRS) programs to accomplish its program goals and consistently apply the EPCRS guidelines.  Specifically, we:

I.                    Determined whether TE/GE Division management had established measurable EPCRS goals and processes for accomplishing those goals.

A.                 Identified the measurable EPCRS goals for each of the three Employee Plans (EP) components that were included in the EP function’s Fiscal Year 2002 Annual Work Plan.

B.                 Evaluated the EP function processes to determine if the necessary information was captured to measure the EPCRS program goals.

II.                 Determined whether TE/GE Division management had established the necessary processes to ensure all EPCRS cases that are reported to the Internal Revenue Service (IRS) are controlled and monitored.

A.                 Identified the processes the EP function used to ensure the EPCRS cases reported to the IRS are controlled.

B.                 Evaluated the EPCRS inventory system to determine if the system will provide TE/GE Division management with the information necessary to monitor the EPCRS program goals.

III.               Determined whether TE/GE Division management had established the necessary processes to coordinate the efforts among the three different EP function components to ensure EPCRS procedures are applied in a consistent manner.

A.                 Identified the processes the EP function used to ensure the EPCRS procedures were applied in a consistent manner by the three EP function components.

B.                 Interviewed all of the EPCRS field coordinators to evaluate whether their involvement would ensure EPCRS guidelines were applied in a consistent manner. 

 

Appendix II

 

Major Contributors to This Report

 

Daniel R. Devlin, Assistant Inspector General for Audit (Headquarters Operations and Exempt Organizations Programs)

Nancy Nakamura, Director

James Westcott, Audit Manager

Robert Nicely, Senior Auditor

Michael Van Nevel, Senior Auditor

Marjorie Stephenson, Auditor

 

Appendix III

 

Report Distribution List

 

Commissioner  N:C

Deputy Commissioner for Services and Enforcement  N:SE 

Deputy Commissioner, Tax Exempt and Government Entities Division  SE:T

Director, Employee Plans, Tax Exempt and Government Entities Division  SE:T:EP

Director, Employee Plans Examinations, Tax Exempt and Government Entities Division  SE:T:EP:E

Chief Counsel  CC

National Taxpayer Advocate  TA

Director, Office of Legislative Affairs  CL:LA

Director, Office of Program Evaluation and Risk Analysis  N:ADC:R:O

Office of Management Controls  N:CFO:AR:M

Audit Liaison:  Director, Communications and Liaison, Tax Exempt and Government Entities Division  T:CL

 

Appendix IV

 

Management’s Response to the Draft Report

 

The response was removed due to its size.  To see the complete response, please go to the Adobe PDF version of the report on the TIGTA Public Web Page.