The Internal Revenue Service Can Improve Treatment of Taxpayers During Examinations
May 2000
Reference Number: 2000-30-077
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.
May 19, 2000
MEMORANDUM FOR COMMISSIONER ROSSOTTI
FROM: Pamela J. Gardiner /s/ Pamela J. Gardiner
Deputy Inspector General for Audit
SUBJECT: Final Audit Report - The Internal Revenue Service Can Improve Treatment of Taxpayers During Examinations
This report presents the results of our review of the Internal Revenue Service's (IRS) controls in the Examination Division to help ensure fair and consistent treatment of taxpayers.
In summary, IRS employees appropriately handled most of the cases we reviewed. Most notably, IRS employees properly limited the use of intrusive, indirect methods to verify income. Some examination cases, however, demonstrated inconsistent or unfair treatment of taxpayers in certain areas. We found that IRS examiners did not assess penalties consistently and that the IRS assessed taxes against taxpayers without taking all available steps to locate them. While controls are in place to verify examination quality, these controls are not always adequate or effective.
This report makes five specific recommendations to help ensure fair and consistent treatment of taxpayers during the examination process. Management’s response was due on March 29, 2000. As of May 11, 2000, management had not responded to this draft report.
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 your staff may contact Gordon C. Milbourn III, Associate Inspector General for Audit (Small Business and Corporate Programs), at (202) 622-3837.
Executive
SummaryExaminers Used Indirect Methods to Verify Income When Appropriate
Examiners Did Not Always Support Their Decisions to Apply Penalties
Examiners Did Not Take Sufficient Actions to Locate Taxpayers Before Assessing Additional Taxes
Appendix I - Detailed Objectives, Scope, and Methodology
Appendix II - Major Contributors to This Report
Appendix III - Report Distribution List
Appendix IV - Outcome Measures
This audit was part of our overall review of controls in the Examination Division to help ensure fair and consistent treatment of taxpayers. We evaluated actions examiners took during the examination process that could have added unnecessary burden to taxpayers. In addition, we determined whether the quality review process gave adequate attention to taxpayer burden and rights issues and whether the results of quality reviews were recorded accurately. Other recent reviews have addressed taxpayer rights and burden in the identification, selection, and closing of office and service center audits and in the resolution of unagreed cases.
Internal Revenue Service (IRS) employees appropriately handled most of the cases we reviewed. Most notably, IRS employees properly limited the use of intrusive, indirect methods to verify income. Some examination cases, however, demonstrated inconsistent or unfair treatment of taxpayers in assessing taxes and penalties.
Although controls are in place to verify examination quality, these controls were not always adequate or effective. In addition, we could not validate the reliability of the quality review information used as part of the IRS’ Balanced Measurement System.
Examiners Used Indirect Methods to Verify Income When Appropriate
Indirect methods to verify income can involve intrusive requests for detailed personal information and records from taxpayers. The IRS Restructuring and Reform Act of 1998 limited the use of intrusive audit methods to situations when the IRS has indications of unreported income. We reviewed a judgmental sample of 350 audited tax returns to evaluate the use of this audit method. Except for one case in our sample, examiners used indirect methods only when there were indications of unreported income.
Examiners Did Not Always Support Their Decisions to Apply Penalties
In Fiscal Year 1998, the Examination Division assessed over $100 million in penalties for negligence or inaccuracies on over 76,000 tax returns. To help ensure taxpayers are treated fairly, examiners are required to discuss with taxpayers the reasons for assessing penalties and to document these reasons in the case files. Despite this requirement, 75 (42 percent) of the 180 examination case files in our sample did not contain adequate documentation to support the reasons why penalties were or were not assessed. Without adequate documentation, there is no assurance that examiners were fair and consistent in their decisions to assess or not assess penalties. Based on the facts and circumstances contained in the case files we reviewed, it appears that penalties were not assessed consistently.
Examiners Did Not Take Sufficient Actions to Locate Taxpayers Before Assessing Additional Tax
When taxpayers do not respond to an IRS notice of audit, examiners should take additional steps to contact or locate the taxpayer. Otherwise, the taxpayer may be assessed additional tax and penalties without knowing about it. This can cause additional burden to the taxpayer and administrative problems for the IRS to resolve the issue after tax, penalties, and interest have already been assessed. Unfortunately, examiners did not use available resources to locate and contact taxpayers in 112 (91 percent) of 123 sample cases before assessing taxes and penalties. Using the IRS locator services and the Internet, we were able to find a more current taxpayer address or telephone number in 44 (39 percent) of the 112 cases. We estimate that using available IRS resources would have helped locate taxpayers before assessing additional tax on approximately 5,600 tax returns.
Examiners sometimes make assessments in the year under audit which should result in a refund the subsequent year. In a limited number of cases, examiners did not make adjustments for the subsequent year. As a result, taxpayers had to file amended tax returns to obtain refunds. Nationwide, approximately 290 taxpayers had to file claims because examiners did not properly address all affected tax years.
The Examination Quality Measurement System Needs Improvement to Ensure It Provides Reliable Data to Management
The Examination Quality Measurement System (EQMS) is an important control the IRS uses to ensure examinations are performed according to standards. The IRS is currently reorganizing its EQMS to emphasize new quality review standards that address customer relations, professionalism, communication, the reduction of taxpayer burden, and the protection of taxpayer rights. The quality measures reported by the EQMS are an important aspect in the new IRS Balanced Measurement System which is designed to help ensure that taxpayers are treated fairly. While the IRS has made improvements to the EQMS, cases reviewed by the EQMS were not adequately identified in the database to assist in validating system reports.
To help ensure fair and consistent treatment for taxpayers, Examination Division managers need to ensure that examiners follow IRS guidelines which require them to document the reasons for applying or not applying penalties. Additionally, the Examination Division should be required to use IRS locator resources early in the process to locate and contact taxpayers who do not respond to a notice of audit.
Improvements in the EQMS are also needed to help the IRS identify problems that could lead to unfair treatment of taxpayers. The EQMS quality rating criteria should be re-evaluated to ensure that the documentation and application of penalties is given adequate consideration when determining whether cases meet quality standards. Cases should be included for quality review if the tax assessment was made without locating the taxpayer. Finally, to help ensure that EQMS reports to IRS management are reliable, important additional data should be recorded in the EQMS database.
Management's Response: Management’s response was due on March 29, 2000. As of May 11, 2000, management had not responded to this draft report.
This audit was part of our overall review of controls in the Examination Division to help ensure fair and consistent treatment of taxpayers. We evaluated actions examiners took during the examination process that could have added unnecessary burden to taxpayers. In addition, we determined whether the quality review process gave adequate attention to taxpayer burden and rights issues and whether the results of quality reviews were recorded accurately. Other recent reviews have addressed taxpayer rights and burden in the identification, selection, and closing of office and service center audits and in the resolution of unagreed cases.
Fieldwork was performed from December 1, 1998, through July 31, 1999, using a nationwide sample of Internal Revenue Service (IRS) examination cases. We also reviewed the revised national IRS Examination Quality Standards and process. This audit was performed in accordance with Government Auditing Standards.
Details of our audit objectives, scope, and methodology are presented in Appendix I. Major contributors to this report are listed in Appendix II.
The objective of the IRS’ examination process is to determine whether taxpayers properly reported income and expenses as required by federal tax laws. The IRS must correctly apply the tax laws while taking steps to minimize the burden that the audit process imposes on taxpayers.
There are several steps involved in the examination process, including:
One of the methods the IRS uses to minimize the burden imposed on taxpayers and to ensure the law is properly applied to each case is the Examination Quality Measurement System (EQMS), which determines the overall quality of examinations.
IRS employees appropriately handled most of the cases we reviewed. Most notably, employees properly limited the use of intrusive, indirect methods to verify income. Some examination cases, however, demonstrated inconsistent or unfair treatment of taxpayers in assessing taxes and penalties.
Although controls are in place to verify examination quality, these controls were not always adequate or effective. In addition, we could not validate the reliability of the quality review information used as part of the IRS’ Balanced Measurement System. This system is designed to promote fair and consistent treatment of taxpayers by emphasizing quality as an important measure of effectiveness.
Examiners Used Indirect Methods to Verify Income When Appropriate
Before the Congress passed the IRS Restructuring and Reform Act of 1998 (RRA 98), the Internal Revenue Code did not restrict the IRS from using indirect methods to verify income on any return. Indirect methods often involve evaluating a taxpayer’s lifestyle and personal living expenses to identify possible unreported income. Because of the intrusive nature of these audit methods, the RRA 98 limited their use to situations in which the IRS has indications of unreported income.
We reviewed a judgmental sample of 350 audited tax returns to evaluate the use of intrusive audit techniques after July 22, 1998 (the effective date of the RRA 98). We sampled from the following three categories of closed Examination audits:
Except for one case in our sample, examiners used indirect methods only when there were indications of unreported income.
Examiners Did Not Always Support Their Decisions to Apply Penalties
During Fiscal Year (FY) 1998, the Examination Division assessed over $100 million in penalties on over 76,000 individual tax returns for negligence or intentional disregard of rules or regulations. According to IRS guidelines, examiners should make every effort to apply penalties in a fair and consistent manner. Examiners are required to solicit the taxpayer’s explanation for errors and omissions and document the reasons for asserting or not asserting penalties in the examination workpapers.
To evaluate whether the IRS properly and consistently applied penalties, we selected a national random sample of 180 closed cases. In 75 (42 percent) of the 180 cases reviewed, examiners did not fully document an explanation for asserting a penalty (40 cases) or not asserting a penalty (35 cases) when the case history indicated that an explanation was necessary.
In many of these cases, penalties did not appear to be consistently applied or considered when the issues, dollar amounts, and tax assessments were similar. For example:
The Internal Revenue Manual (IRM) is clear that the consideration and application of penalties requires adequate documentation in the case files to support the examiner’s conclusion. However, examiners and managers did not always follow this guidance and adequately document the penalties. For the cases in our sample, examiners assessed approximately $42,000 in penalties that they did not support. Without adequate documentation, there is no assurance that examiners were fair and consistent in their decision to assess or not assess penalties. As noted above, based on the facts and circumstances contained in the case files we reviewed, it appears that penalties were not assessed consistently.
Additionally, the EQMS method for rating the quality of examination cases may not be adequate to ensure improvement in the area of penalties. While the EQMS does evaluate examination cases for penalty determinations and documentation, a case can be rated low in this area and still meet the overall quality standard related to the proper application of law on each case. The EQMS needs to ensure that the lack of documentation for penalties is properly addressed.
Recommendations
Management's Response: Management’s response was due on March 29, 2000. As of May 11, 2000, management had not responded to this draft report.
Examiners Did Not Take Sufficient Actions to Locate Taxpayers Before Assessing Additional Taxes
When taxpayers do not respond to an IRS notice of audit, IRS procedures require examiners to make an attempt to contact the taxpayer. If the notice is returned by the Postal Service as undeliverable, the Examination Division is required to use information sources including IRS computer records, case files, United States Postal data, employer data, and telephone directory information to establish contact with the taxpayer.
If examiners are not able to contact or locate a taxpayer, they may still make an assessment of tax and penalties on tax issues that are in question. In these instances, the taxpayer may be assessed additional tax and penalties without knowing about it. This can cause significant burden to the taxpayer and administrative problems for the IRS to resolve issues after tax, penalties, and interest have already been assessed.
To determine whether the IRS is taking the steps needed to locate taxpayers early in the examination process, we selected and reviewed a random sample of cases closed in FY 1998. In that year, 25,700 tax returns were assessed taxes or disallowed credits in cases where taxpayers did not respond or did not keep their audit appointments. We reviewed 200 of these returns. In 123 of these cases, taxpayers either did not receive the notice or chose not to respond to the notice; in the rest of the cases, taxpayers established contact with the IRS but did not keep their appointments.
Examiners did not use the resources that were available to locate and contact taxpayers in 112 (91 percent) of 123 cases before assessing taxes. In 92 of the cases, there was no evidence in the case files that an examiner had called the taxpayer to determine why he/she had not responded to the notice of audit. While examiners may not have been able to contact all of these taxpayers, it is likely that additional efforts would have helped contact some. For example, in 44 (39 percent) of 112 cases, we identified addresses or telephone numbers that were more current by using IRS locator services and public Internet resources. The Examination Division assessed $276,000 in tax, penalties, and interest on these 44 taxpayers. Of the 25,700 tax returns that were assessed taxes or disallowed credits when taxpayers did not respond or did not keep their audit appointments, we estimate that using available IRS resources would have helped locate taxpayers in approximately 5,600 cases before taxes were assessed.
The practice of assessing tax without taking adequate steps to locate taxpayers adds burden to taxpayers. Taxpayers may have to request an audit reconsideration so that they can present information for the examiner to consider or take additional steps to resolve the case through the IRS problem resolution program. Both require significant taxpayer time and increased administrative costs for the IRS.
The Examination Division procedures do not require examiners to consistently use all relevant IRS resources to locate taxpayers before proposing additional taxes. In addition, the EQMS does not review these types of cases because many of the quality standards do not apply when taxpayers fail to respond or provide requested tax information. However, since these assessments are made without the taxpayers’ knowledge, the EQMS should review them to determine whether adequate steps were taken to locate the taxpayer.
Recommendations
Examiners Need to Ensure Adjustments Are Carried Forward to Subsequent Tax Years When the Adjustments Would Result in Lower Tax
When adjustments affect returns filed for other years open under the statute of limitations, the IRM requires examiners to ensure appropriate adjustments are made for those years. These adjustments can be necessary when timing issues are present, such as depreciation, capital loss carry-forwards, and passive activity carry-forwards. In a limited number of cases, examiners did not make adjustments to subsequent years that would have resulted in lower tax. As a result, taxpayers had to file amended tax returns to obtain refunds.
From cases closed in FY 1998, we identified 962 in which taxpayers filed an amended tax return for the subsequent year. We selected a random sample of 194 of these cases to review.
Of this sample, 58 (30 percent) of the amended returns were necessary because the examiner did not make the proper adjustments to all affected tax years. The 58 cases had tax assessments totaling $346,000 for the tax years audited. Amended tax returns filed for the subsequent tax years resulted in a total of $226,000 in refunds or abatements. Based on this sample, we estimate that nationwide, approximately 290 taxpayers had to file amended tax returns because all of the affected tax years were not properly addressed by examiners. However, the limited number of taxpayers affected indicates that this is not a pervasive problem for the IRS.
The Examination Quality Measurement System Needs Improvement to Ensure It Provides Reliable Data to Management
The EQMS is an important control the IRS uses to help ensure examinations are performed according to standards. The EQMS performs analysis on a statistical sample of cases to provide management information on certain characteristics of all closed examination cases. This management information is an essential element in compiling the IRS’ balanced measures.
The IRS is currently reorganizing its EQMS to emphasize new quality review standards that address customer relations, professionalism, communication, the reduction of taxpayer burden, and the protection of taxpayer rights. The quality measures reported by the EQMS are an important component of the new IRS Balanced Measurement System. This system is designed to promote fair and consistent treatment of taxpayers by emphasizing quality as an important measure of effectiveness.
Because EQMS data are used in compiling the IRS’ balanced measures, the data captured and provided to IRS management must be reliable. IRS managers and EQMS officials have expressed concerns that EQMS review results are inconsistent among different reviewers and different review locations. Inconsistent interpretation or application of quality standards reduces the reliability of information provided to IRS management through EQMS reports.
EQMS officials have made attempts to ensure consistency through training and discussions within EQMS groups. However, the EQMS database still does not have enough data to identify which cases have been reviewed. Because of this, we were not able to evaluate the reliability of EQMS reports.
Except for one case in our sample, examiners used indirect methods only when there were indications of unreported income. However, the IRS can take further action to improve its treatment of taxpayers during the examination process. Examiners did not document and assess penalties consistently, nor did they take adequate steps to locate taxpayers before assessing tax.
Although controls are in place to verify examination quality, these controls were not always adequate or effective. The Examination Division should ensure that the EQMS provides reliable information for its Balanced Measurement System. This will help to ensure fair and consistent treatment of taxpayers.
Detailed Objectives, Scope, and MethodologyThis audit was part of our overall review of controls in the Examination Division to help ensure fair and consistent treatment of taxpayers. We evaluated actions examiners took during the examination process that could have added unnecessary burden to taxpayers. In addition, we determined whether the quality review process gave adequate attention to taxpayer burden and rights issues and whether the results of quality reviews were recorded accurately. To meet these objectives, we performed the following tests:
Gordon C. Milbourn III, Associate Inspector General for Audit (Small Business and Corporate Programs)
Stephen Mullins, Director
Michael McKenney, Audit Manager
Aaron Foote, Senior Auditor
Cheryl Cerqua, Auditor
Mark Judson, Auditor
Daniel Quinn, Auditor
Anthony Snowden, Auditor
Cindy Wright, Auditor
Larry Wyrick, Auditor
Report Distribution ListDeputy Commissioner Operations C:DO
Commissioner, Large and Mid-Size Business Division LM
Commissioner, Small Business/Self-Employed Division S
Chief Operations Officer OP
Assistant Commissioner (Examination) OP:EX
Director, Office of Program Evaluation and Risk Analysis M:O
National Director, Compliance Specialization OP:EX:CS
Examination Quality Measurement System Office Director OP:EX:CS:Q
National Director for Legislative Affairs CL:LA
Office of Management Controls M:CFO:A:M
Office of the National Taxpayer Advocate C:TA
Office of the Chief Counsel CC
Audit Liaisons:
Deputy Commissioner Operations C:DO
Chief Operations Officer OP
Assistant Commissioner (Examination) OP:EX
Appendix IV
Outcome MeasuresThis appendix presents information on the measurable impact that our recommended corrective actions will have on tax administration. These benefits will be incorporated into our Semiannual Report to the Congress.
Finding and recommendation:
Examiners did not properly document the reasons used to determine whether to apply penalties. We recommended that the Examination Division require group managers to review penalty determinations during workload reviews. We also recommended that the Examination Quality Measurement System (EQMS) Office Director re-evaluate the EQMS rating criteria to ensure that the application and documentation of penalties is given adequate consideration when determining whether cases meet overall quality standards.
Type of Outcome Measures:
Taxpayer rights and entitlements
Value of the Benefit:
The Internal Revenue Service (IRS) assessed penalties on over 76,000 individual tax returns related to accuracy during Fiscal Year (FY) 1998. In 75 (42 percent) of the 180 cases reviewed, examiners did not fully document an explanation for asserting a penalty (40 cases) or not asserting a penalty (35 cases) when the case history indicated that an explanation was necessary. For the cases in our sample, examiners assessed approximately $42,000 in penalties that they did not support. Properly considering, documenting, and assessing penalties will help ensure that the taxpayers who are assessed penalties are treated fairly.
Methodology Used to Measure the Reported Benefit:
The approximately 76,000 individual tax returns with penalties assessed during FY 1998 were identified from the IRS closed examination case Audit Information Management System (AIMS) database for FY 1998.
Finding and recommendation:
IRS examiners did not use IRS resources to locate taxpayers before assessing additional taxes and penalties. We recommended that the IRS update examination procedures to require the Examination Division to use IRS resources (including IRS locator services and the Internet) early in the examination process to locate and contact taxpayers who do not respond to a notice of audit. We also recommended that the IRS include cases for EQMS review in which taxpayers have not responded to a notice of audit.
Type of Outcome Measure:
Taxpayer burden
Value of the Benefit:
Taking additional steps to locate taxpayers will help IRS examiners locate taxpayers in an estimated 5,600 additional cases so that they will not be assessed taxes or disallowed credits and penalties without being contacted. This will help avoid the need for taxpayers to take additional steps to have the taxes corrected. It will also help ensure that assessments shown on IRS information systems are correct.
Methodology Used to Measure the Reported Benefit:
Based on an analysis of the AIMS database, there were approximately 25,700 tax returns in which taxpayers were assessed additional taxes or disallowed credits where the taxpayer did not respond or did not keep their audit appointments. Based on the ratio in our sample (112 out of 200, or 56 percent), additional steps could have been taken to locate the taxpayers in approximately 14,400 of these cases. In 44 (39 percent) out of 112 cases, we were able to find a more current address using IRS locator services or public resources on the Internet. We used this ratio to estimate that in approximately 5,600 cases, taking additional steps would have helped the IRS locate these taxpayers before tax was assessed. The sample consisted only of cases that were assessed penalties in addition to tax; therefore, this estimate relies on the assumption that examiners’ efforts to locate taxpayers are not correlated with whether penalties were assessed.
Finding and recommendation:
The EQMS needs improvement to ensure it provides reliable data to management. We recommended that the IRS update the EQMS database to include necessary information to identify which cases have been reviewed, and implement a review process to ensure consistency and reliability of EQMS reports.
Type of Outcome Measure:
Reliability of information
Value of the Benefit:
The EQMS is tasked with providing a statistical measure of quality for approximately 550,000 examined tax returns annually. Recording the information needed for EQMS reports to be validated and taking steps to ensure consistency and reliability will help ensure that the quality measures for these tax returns are accurate. This is important if the IRS is to effectively implement its Balanced Measurement System in the Examination Division. This system is designed to promote fair and consistent treatment of taxpayers by emphasizing quality as an important measure of effectiveness.
Methodology Used to Measure the Reported Benefit:
The 550,000 tax returns examined annually for individual taxpayers were identified from the AIMS database. The AIMS database provides quantitative data on these examinations. The EQMS provides a statistical measure of the quality of these examinations.