The Examination Returns control and
Integrated Data Retrieval Systems can Be
Improved to Protect Taxpayer Rights
During the Audit Process
May 1999
Reference Number: 094206
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.
Redaction Legend:
2d = Law Enforcement Technique(s)
2e = Law Enforcement Procedure(s)
May 24, 1999
MEMORANDUM FOR cOMMISSIONER ROSSOTTI
FROM:David c. Williams /s/ David c. Williams
Inspector General
SUBJEcT: Final Audit Report - The Examination Returns control and Integrated Data Retrieval Systems can Be Improved to Protect Taxpayer Rights During the Audit Process
This report presents the results of a follow-up review of our Fiscal Year 1997 report titled, Review of the Selection, control and Disposition of District Examination cases. We initiated this follow-up review to evaluate the effectiveness of the Internal Revenue Service's (IRS) corrective actions taken to improve the Examination Returns control System (ERcS) and the Integrated Data Retrieval System (IDRS) which are used to control these activities.
In summary, IRS' corrective actions have improved the control over examiners’ activities and will reduce the risk of inappropriate actions taken on future examination cases. However, the IRS has not adequately reduced the risk of abuse to taxpayers’ rights and taxpayer data.
To provide further protection, we recommend improvements in the ERcS audit trail (a computerized system used to record significant events), including a process for reviewing user activities and for providing data to users of the audit trail. ERcS controls could be improved to eliminate acting managers from having the ability to approve their own requests to modify examination records for cases they are individually assigned. Examination management should provide more effective oversight of examiners’ IDRS capabilities to order tax returns, and to establish, update, and close examination records.
The chief Operations Officer and chief Information Officer agreed with our recommendations and have agreed to take corrective actions. Management's comments have been incorporated into the report where appropriate and the full text of their comments is included as an Appendix.
copies of this report are being sent to IRS managers who are affected by the report recommendations. Please call me at (202) 622-6510 if you have any questions, or your staff may contact Maurice Moody, Acting Assistant Inspector General for Audit at (202) 622-8500.
Examination Returns control System (ERcS) controls
Information Systems Management Needs to Ensure That the ERcS Security certification Is completed
Examiners’ Integrated Data Retrieval System (IDRS) capabilities
Examination Management Needs to Limit Examiners’ IDRS capabilities
case closures Due to Errors or Unlocatable Returns
Appendix I - Detailed Objective, Scope and Methodology
Appendix II - Major contributors to This Report
Appendix III - Report Distribution List
Appendix IV - Status of Prior corrective Actions
Appendix V - Management’s Response to the Draft Report
Appendix VI - Definitions of ERcS and IDRS
A previous Inspection Service audit report titled, Review of the Selection, control and Disposition of District Examination cases, dated October 1996 (Report Reference Number 070106), reported several weaknesses in two Examination Division processing and case control systems - the Examination Returns control System (ERcS) and the Integrated Data Retrieval System (IDRS). Examination relies heavily on these two computerized systems in the case selection, control and disposition processes. When ERcS and IDRS controls are ineffective, IRS is at greater risk that employees could sell taxpayer information, harass taxpayers, conduct unauthorized examinations, or intentionally lose returns without detection. consequently, IRS risks losing the public’s confidence in its ability to protect the privacy and security of taxpayers' personal and financial information. As a result of the previous audit, the IRS commissioner reported Examination case Assignment and Inventory controls, which included ERcS, as a material weakness to the Department of the Treasury for the 1997 Federal Managers Financial Integrity Act (FMFIA) reporting. ERcS continued as an FMFIA material weakness in 1998.
The objectives of our review were to determine if the IRS had taken corrective actions on the issues presented in the October 1996 report and to determine if those actions were effective.
Results
IRS took corrective actions to improve ERcS controls. The improved controls reduced the risk of inappropriate actions on the approximately 1.7 million examinations closed during Fiscal Year 1998.
However, corrective actions were not effective in the following areas:
Summary of Recommendations
IRS needs to take additional actions to enhance the effectiveness of Examination controls and provide further protection of taxpayer rights and tax return data. Information Systems and Examination management can reduce the risk associated with the Examination Division’s use of ERcS and IDRS by effectively implementing the following recommendations.
The Assistant commissioner (Examination) should request the cIO to:
The Assistant commissioner (Examination) needs to direct district management to: remove examiners’ capabilities to order tax returns and to establish, update, and close examination records; review IDRS usage reports; and ensure field offices monitor and report the results of their analyses of case closures due to errors or unlocatable returns.
The cIO must ensure the system security certification process for ERcS is completed. The cIO must also develop and implement a process for reviewing ERcS user activities, and ensure the ERcS audit trail can be provided to external users in a searchable format. Additionally, Examination and Information Systems need to work cooperatively to improve the effectiveness of ERcS.
Management’s Response: The chief Operations Officer and cIO agreed with our recommendations and have agreed to take corrective actions. Management's comments have been incorporated into the report where appropriate and the full text of their comments is included as Appendix V.
The primary objective of this review was to determine if the Internal Revenue Service (IRS) took adequate and effective actions to correct the material control weaknesses identified in a prior audit report titled, Review of the Selection, control and Disposition of District Examination cases, dated October 1996 (Report Reference Number 070106). We tested the capabilities given to users of two Examination Division case control systems - the Examination Returns control System (ERcS) and the Integrated Data Retrieval System (IDRS). Examination relies heavily on these two computerized systems in the case selection, control and disposition processes. (Further definition of ERcS and IDRS is presented in Appendix VI.) We reviewed updated procedures; interviewed personnel responsible for developing, implementing and carrying out automated and manual procedures; and tested the effectiveness of new procedures.
Fieldwork was performed in the office of the Assistant commissioner (Examination), the charlotte Development center, and the following district offices: Georgia, Illinois, Los Angeles, Manhattan, North Texas, Ohio, South Florida and Pacific-Northwest. Audit work was conducted between June and October 1998 in conformance with Government Auditing Standards.
****2d,2e****
Appendix I to this report contains the detailed objectives, scope and methodology of our review. A listing of major contributors to this report is shown in Appendix II.
The prior audit report identified several control weaknesses in Examination’s use of ERcS and IDRS. As a result, the IRS commissioner reported Examination case Assignment and Inventory control, which included ERcS, to the Department of the Treasury as a material weakness for 1997 Federal Managers Financial Integrity Act (FMFIA) reporting. ERcS continued as an FMFIA material weakness in 1998.
The October 1996 report stated that:
Tax returns are assigned to Examination employees and controlled through a variety of computer programs. Examination relies heavily on ERcS and IDRS to process and control cases. Due to this reliance, and as technology increases, the IRS must ensure security and processing controls are in place to minimize the risk of improprieties and erroneous actions.
Effective internal controls serve as a deterrent to employees who may engage in practices that abuse taxpayer rights. When ERcS and IDRS controls are ineffective, Examination employees could sell taxpayer information, harass taxpayers, conduct unauthorized examinations, or intentionally lose examinations without detection.
IRS management has taken some corrective actions in response to the October 1996 report. Appendix IV summarizes the status of the specific recommendations made in the October 1996 report. These actions, which are discussed in more detail later in this report, have improved the control over examiners’ and managers’ activities and will reduce the risk of inappropriate actions being taken on future examination cases. However, management has not adequately reduced the risk of abuse to taxpayers’ rights and taxpayer data. We have organized the results of our review into the following three areas: ERcS controls, Examiners’ IDRS capabilities, and case closures Due to Errors or Unlocatable Returns.
The October 1996 report stated that the ERcS design did not meet general government security guidelines. Specifically, the ERcS security certification had not been completed, ****2d,2e****, and ERcS did not effectively limit user capabilities.
In response to that report, Examination and Information Systems jointly developed the following improvements in the ERcS application:
These improvements help protect taxpayer rights and should deter employees from taking inappropriate actions on taxpayer accounts. However, management’s corrective actions did not effectively address all weaknesses with ERcS.
Information Systems Management Needs to Ensure That the ERcS Security certification Is completed
Security certification is a technical evaluation for the purpose of accreditation. As part of the security certification process, the IRS must determine if the system being evaluated meets the controlled Access Protection (c2) requirements according to Treasury Directive 71-10.
The October 1996 audit report stated that ERcS had not been scheduled for security certification. Examination management responded by asking Information Systems to complete the certification process.
As of October 1998, ERcS still had not received a security certification as required by government guidelines. Examination management submitted the required documentation necessary to complete the certification. However, cIO personnel explained that due to the emphasis on Year 2000 issues, staff resources were not available to complete the ERcS certification. Without security accreditation, the IRS cannot provide reasonable assurance to taxpayers under examination that their personal data are protected from unauthorized access or disclosure.
Recommendation
Management’s Response: To address recommendations 1 through 3 in this report, Examination will request Information Systems to update the level of security for ERcS. Information Systems will assist Examination by identifying ERcS security requirements. They will review current security features and documentation and obtain additional audit trail and security requirements from pertinent users of ERcS (including the recommendations in this report). They will develop an ERcS security requirements document and distribute it to ERcS users to obtain concurrence.
Office of Audit comment: While the above actions will prepare ERcS for certification, the cIO needs to ensure that the certification is completed.
Examination and Information Systems Management Need to Improve the Monitoring capabilities and Usability of the Audit Trail
ERcS contains sensitive tax information similar to IDRS. ERcS is used for establishing and controlling Examination cases and for updating Master File accounts. Requests and updates are input on ERcS then uploaded to IDRS. These requests and updates are captured by the IDRS audit trail. However, since the IDRS audit trail records only the individual performing the uploading process from ERcS, there is no record identifying the individual who originally input the action on ERcS. ERcS did not have an audit trail that captured this information.
The October 1996 audit report stated that, during one quarter, at least 39 percent of 61,797 transactions at three test sites used this IDRS uploading process. Since then, ERcS use has increased and is now used to update IDRS for all Examination cases (approximately 1.7 million cases annually).
To reduce the risk of not being able to identify employees requesting ERcS actions and to provide effective control over ERcS activity, the October 1996 audit report recommended that the IRS develop an audit trail system. In addition, the report recommended that IRS retain ERcS backup tapes until the new audit trail is implemented.
Information Services developed the audit trail system for ERcS to record significant events with regard to security issues. The system does capture most security-related actions and allows for on-line review of audit trail information. ****2d,2e****
In our opinion, the audit trail monitoring capabilities of ERcS should be similar to those currently used on IDRS. For example, IRS Data Security and the Treasury Inspector General for Tax Administration can monitor IDRS, but not ERcS, to identify security breaches and unauthorized browsing.
The cIO’s Office has not placed sufficient emphasis on the development and implementation of a functional audit trail. cIO personnel also explained that they have no plans to consider monitoring ERcS user access until after the Year 2000 programming is completed.
Without a process to monitor the ERcS audit trail, the IRS may not detect inappropriate accesses to taxpayer data.
Recommendations
Management’s Response: See Management’s Response to Recommendation 1.
Examination and Information Systems Management Need to Address Additional Significant Issues to Provide an Effective Audit Trail
IRS needs to address several additional significant issues with ERcS to provide an effective and functional audit trail.
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Recommendation
The Assistant commissioner (Examination), with input from the cIO, should also provide the necessary training related to the operation of the ERcS audit trail to all pertinent ERcS users.
Management’s Response: Examination management will address these issues and will develop training relating to the operation and monitoring of the ERcS audit trail.
Examination Management Needs to Prevent Examiners in Acting Assignments From Approving Their Own Requests
The October 1996 audit report recommended that Examination develop an approval process to provide effective controls over Examination case activities. Examination developed its requirements for an approval process. These requirements were provided to Information Systems, which then developed and included the process in the latest version of ERcS.
We tested portions of the ERcS approval process and determined they provided adequate control over most Examination cases. However, controls did not prevent acting managers from approving actions input on their own inventories by another employee.
Examination’s requirements were not clear. It had requested Information Systems to prevent managers from approving their own requests. The development staff interpreted the requirement as preventing the individual inputting the action from also being the approver of the action. The risk that a subordinate could be directed to input the request or update was not addressed in the programming.
Acting managers with assigned inventories have the potential to control the examination from initiation to closure. There are numerous acting manager assignments throughout the year. The risk of fraud or abuse of taxpayer rights is increased when acting managers have the capability to approve any changes to their assigned inventory.
Recommendation
Management’s Response: Examination management will request Information Systems to systemically correct this problem. In the interim, management will provide written direction to the field requiring that acting managers with inventories do not approve any actions of their assigned inventory. This direction will also require that when an action of the acting manager needs approval, it be obtained from a manager from another group or the branch chief. Management will also reinforce separation of duties and responsibilities of managers. This issue will be included in the Examination Peer Review Process.
Examination Management Needs to Limit Examiners’ IDRS capabilities
The October 1996 audit report recommended that group and mid-level managers should review examiners’ and managers’ IDRS capabilities to ensure that they are restricted to research only. This would prevent them from using IDRS to inappropriately open, change or close tax cases. The Assistant commissioner (Examination) subsequently issued a memorandum directing that managers conduct these reviews and that new procedures be incorporated into the group managers’ handbook. The memorandum also directed Examination management to restrict examiners and their managers to IDRS research command codes only. IRS guidelines include the same restriction.
We analyzed IDRS command code usage data to determine whether conditions had changed since the prior audit. The total number of revenue agents and tax auditors having command codes that would allow them to establish case controls dropped from 894 to an estimated 434. (IDRS data were available for only 27 of 33 districts. For comparison purposes, we estimated the remaining six districts’ usage from the average of the other 27 districts.)
The actions taken by Examination management have reduced the risk of inappropriate action on taxpayer examinations and protected taxpayer rights. While some examiners still need the capability to establish case controls, a significant number of examiners who did not need the capability still had it.
Additionally, ERcS was designed to allow authorized users to order tax returns and establish, update and close examination records. Employees who examine tax returns should not have these capabilities.
We reviewed IDRS command code usage for the quarter ending June 30, 1998. There were 452 revenue agents, tax auditors and audit aides in Examination groups with IDRS capabilities to order tax returns, or establish, update, and close AIMS records. We included audit aides in this review since they are also involved in the examination process. In addition, as shown in the following table, many of the examiners had these command codes and never used them.
Analysis of command code (cc) Usage by
Revenue Agents, Tax Auditors and Audit Aides
|
cAPABILITIES |
TOTAL WITH cc’S |
# WHO DIDN’T USE |
% WHO DIDN’T USE |
|
ESTABLISH cASES |
243 |
209 |
86% |
|
cLOSE cASES |
86 |
41 |
48% |
|
ORDER RETURNS |
151 |
73 |
48% |
Although there was a reduction in the number of examiners with these critical command codes, we believe additional action is needed to limit an examiner’s ability to establish or change examination accounts. The IRS is at risk of integrity breaches when Examination employees who make decisions about tax returns also have the ability to physically obtain the returns or make changes directly to taxpayers’ accounts. These combinations increase the risk of unauthorized modification, disclosure, and destruction of taxpayer information.
Management did not effectively monitor user profiles or emphasize the use of ERcS to input these actions. IRS’ National Office Examination personnel do not have the ability to review all IDRS user profiles. However, Examination personnel at the district level have the ability to conduct these reviews.
Recommendation
Management’s Response: Examination management will direct all managers to:
case closures Due to Errors or Unlocatable Returns
Examination Management Needs to Effectively Analyze case closures Due to Errors or Unlocatable Returns
The October 1996 audit report stated that Examination did not have sufficient information to effectively address the causes of case closures due to errors or unlocatable returns. This information would allow Examination management to identify and quantify errors, procedural deficiencies, and integrity situations. There were approximately 17,000 cases closed as errors or unlocatable returns during Fiscal Year 1995. In Fiscal Year 1998, there were approximately 76,000 cases closed in this manner.
The Assistant commissioner (Examination) issued a memorandum in October 1996 requiring all districts to analyze case closures due to errors or unlocatable returns. The results of these analyses were to be provided to district Examination management annually. A new form was developed to document the reasons for these types of closures.
However, the instructions in the memorandum did not specifically address how or what information needed to be analyzed. Due to these vague instructions, Examination personnel did not consistently perform this analysis.
To determine whether the corrective action was effective, we reviewed documentation of case closures at eight district offices. Seven of the eight districts were generally documenting the reasons for these closures. Only one district had a materially high number of closures without documentation. However, only two of the eight districts were analyzing the data and reporting the results to Examination management.
Without an analysis, Examination management cannot identify and quantify errors, procedural deficiencies, or integrity situations. This information is vital to prevent future occurrences and to identify potential integrity situations. IRS remains at risk to intentional loss or destruction of tax information by unscrupulous employees for personal gain.
Recommendation
Management’s Response: Examination management will direct the regions and the Assistant commissioner (International) to gather the information from the districts, analyze it and submit results to the National Office. Two National Office analysts will review the data and determine potential systemic causes and possible solutions. Examination will require the analysis to be done annually.
Management has taken some corrective actions to improve the control system in Examination. The improved controls reduced the risk of inappropriate action on the approximately 1.7 million examinations closed during Fiscal Year 1998.
However, additional actions are needed to enhance the effectiveness of Examination controls and provide further protection of taxpayer rights and tax return data. Otherwise, the IRS risks losing the public’s confidence in its ability to protect the privacy and security of their personal and financial information. Examination and Information Systems need to work together to improve the effectiveness and functionality of ERcS and IDRS.
Appendix IDetailed Objective, Scope and Methodology
The primary objective of this follow-up review was to determine if adequate and effective corrective actions were taken to correct the material control weaknesses identified in the prior audit report titled, Review of the Selection, control and Disposition of District Examination cases, dated October 1996 (Report Reference Number 070106). To accomplish our objective, we reviewed updated procedures, interviewed personnel responsible for developing, implementing and carrying out automated and manual procedures, and tested the effectiveness of new procedures. We also tested the capabilities given to users of two Examination Division computerized case control systems - the Examination Returns control System (ERcS) and the Integrated Data Retrieval System (IDRS).
Major contributors to This Report
Western Region
Stephen Mullins, Regional Inspector General for Audit
Scott Macfarlane, Deputy Regional Inspector General for Audit
Edward Neuwirth, Acting Deputy Regional Inspector General for Audit
Louis Tancabel, Audit Manager
Alan Lund, Senior Auditor
Debra Dunn, Auditor
Erin Kaauwai, Auditor
Kristi Larson, Auditor
Jeff Randall, computer Specialist
Larry Reimer, computer Specialist
Midstates Region
David cox, Auditor
Deadra English, Auditor
Northeast Region
Michelle D. Brasfield, Auditor
Jim Mccormick, Auditor
Southeast Region
Elizabeth Stout, Auditor
Report Distribution List
Deputy commissioner for Operations c:DO
Office of Management controls M:cFO:A:M
National Director for Legislative Affairs cL:LA
chief Operations Officer OP
Assistant commissioner (Examination) OP:EX
chief Information Officer IS
Deputy chief Information Officer (Systems) IS
Assistant commissioner for Systems Development IS:S
Director, customer Service, compliance and Management Systems Division IS:S:cS
Audit Liaisons
chief Operations Officer OP
chief Information Officer IS
Deputy chief Information Officer (Systems) IS
Assistant commissioner for Systems Development IS:S
customer Service, compliance and Management Systems Division IS:S:cS
Appendix IV
Status of Prior corrective Actions
(As of October 30, 1998)
Report Title: Review of the Selection, control, and Disposition
of District Examination cases (Reference Number 070106)
|
Recommendation |
IRS Reported |
Further Action Needed? |
|
Prioritize the security certification of the Examination Returns control System (ERcS). |
cOMPLETED |
YES |
|
Retain the ERcS backup data file. |
cOMPLETED |
NO |
|
Ensure the ERcS RIS includes the development of an audit trail system and includes the individual requesting the change. |
cOMPLETED |
YES |
|
coordinate the development of audit trail requirements with Inspection. |
cOMPLETED |
NO |
|
Ensure interim instructions are issued to remove ERcS capabilities from employees who conduct audits and limit group managers to read-only capabilities. |
cOMPLETED |
NO |
|
Redesign ERcS user capabilities to include a two-step approval process. |
cOMPLETED |
YES |
|
Review group managers for individual inventory assignments on ERcS. |
cOMPLETED |
NO |
|
Redesign ERcS to prevent the assignment of cases to managers. |
cOMPLETED |
NO |
|
Review Integrated Data Retrieval System (IDRS) Usage Reports and restrict examiners IDRS capabilities to research only. |
cOMPLETED |
YES |
|
Direct Audit Information Management System coordinators to conduct an annual analysis of unlocatable returns. |
cOMPLETED |
YES |
Appendix V
Management’s Response to the Draft Report
Response has been removed due to its size. To see the complete Response, please go to the Adobe PDF version of this report.
Appendix VI
Definitions of ERcS and IDRS
Examination Returns control System (ERcS)
ERcS is a computerized IRS system that automates tax return inventory control. This includes the adding, updating and closing of tax examination records. It also automates the time reporting processes for each IRS district office Examination Division.
Integrated Data Retrieval System (IDRS)
IDRS is IRS' computer system used by employees to (1) research taxpayer account information, (2) request tax returns, (3) enter transactions on taxpayer accounts, (4) enter tax collection information for storage and processing, and (5) generate notices to taxpayers and other collection documents.