Chairman Roth, and Senators of the Finance Committee, thank you
for this opportunity to appear before you this morning to present my
personal experience with the Internal Revenue Service.
I am Mrs. Nancy Jacobs. My husband, Dr. Fredric Jacobs, is a
practicing optometrist from Bakersfield, California and we have
operated an office for approximately 30 years.
When my husband first opened his practice in March 1965, in
Stockton, California he was assigned an Employer Identification
Number, or EIN, for reporting purposes to the IRS.
Between 1977 and 1979, my husband closed his practice, but in
November 1979, he re-opened in a new office in Riverside,
California. We applied for a new EIN number since he was re-starting
the practice at a new site and knew we needed an EIN for tax
reporting purposes. What neither of us knew at the time was that an
EIN is like a social security number, it never needs to be changed
or renewed. The original EIN had been assigned to us forever.
However, when we requested a new EIN from the IRS, it complied with
the request and the IRS provided us with a second number. But what
we didn't know at the time was that the EIN the IRS provided to us
in 1979 actually belonged to someone else, someone we would not be
aware of until 1992.
By March of 1981, we were unexpectedly assigned yet a third
EIN from the IRS, via a pre-printed label on a quarterly 941 tax
return. However, we continued to use the number we were assigned in
1979 on all of our quarterly tax payments.
In June 1981, out of the blue - without warning, the IRS
placed a lien against us for $11,000 for unpaid payroll tax
deposits. We couldn't find anyone with the IRS who would do us the
courtesy of checking the lien against the EIN we had been using.
After attempting to deal with the IRS, my husband and I were so
intimidated by the tactics used by the IRS that we agreed to pay the
IRS $250 a week until the balance was paid. For anyone who has not
had to deal with the IRS under such circumstances, you probably
cannot understand why we would agree to pay $11,000 that we knew we
did not owe. Only after you have experienced what my husband and I
endured would you consider paying an IRS bill that you don't owe.
Even after the $11,000 was paid we continued to receive
subsequent liens from the IRS. My husband and I were forced to
comply with these IRS demands under the penalty of experiencing
further enforcement actions with the possibility of the IRS closing
down my husband's practice! We were forced into debt, our credit was
damaged and the mental stress was overwhelming. During all this time
we could not convince anyone at the IRS that we did not owe these
taxes. In fact during one of our visits to the San Diego IRS Office
we were flatly told by one IRS employee that she was too busy to
help us anymore and refused any additional assistance in
straightening out our account. We were then informed by her
supervisor that this matter would be cleared up. It was a kind offer
but that was all it was. Our nightmare continued. By 1987, we had
received additional liens totaling roughly $15,000.
In 1982, we did seek the assistance of a Congressional
representative. He contacted the IRS on our behalf requesting that
the IRS stop all collection efforts, and for them to contact us in
an effort to straighten out the problem. We did hear from the IRS in
1982. We met with someone from the Laguna Nigel office who told us
that we had received four refund checks. We assured him that we had
only received one for approximately $3,600. He promised that he
would get copies of the other checks, but unfortunately he never
did.
The only other consistent occurrence over the course of the
years was the occasional appearance of the original EIN number on
notices we received from the IRS, while all the others reflected my
second EIN number. My husband and I began to wonder exactly where
the taxes were going that we had been faithfully paying. No one with
the California IRS offices that we contacted could explain it
either, but they were adamant that whatever the reason, we owed
those taxes!
By 1987, we again contacted a Congressional representative
seeking intervention on our behalf. This time we did hear from the
IRS but that, too, lead to another dead end.
In 1992, a patient of my husband's, a tax attorney, agreed to
review our case and was the one who discovered the confusing EINs
going back to 1979. Someone with a name quite similar to my
husband's but with an entirely different social security number
shared the EIN. Back in 1979, had the IRS employee properly informed
us that we didn't need a "new" EIN, or at least checked the status
of the number, this 17 year nightmare would have been avoided.
Mr. Chairman, since 1992, when we first discovered the mistake
IRS had made, my husband and I have been trying to get our money
back from the IRS -- money that was wrongly taken from us by the IRS
-- but to no avail. We have never received the money from the IRS as
we had been promised. We estimate the IRS still owes us over
$10,000, if not more, plus interest, stemming from their wrongful
liens, penalties and interest.
Only in 1994, in an encounter with the IRS' Bakersfield Office
did we meet the first truly helpful IRS employee who was willing to
work with us and investigate the cause of our problem. We were
informed that our problem was indeed due to a clear case of an
erroneous Employment Identification Number. Unfortunately, this
employee became ill and our case file was apparently "lost."
After yet another Congressional inquiry on our behalf in 1996,
we learned that our "lost" case file was really not "lost" at all
but had been referred to an IRS employee at the IRS' Fresno Service
Center. Unfortunately, she was not responsive to our case and almost
another year languished without satisfaction. Out of sheer
frustration, my husband and I went to our local newspaper, and told
our story.
Roughly 2 hours after the story appeared, that same IRS
employee was on the telephone informing us that, "..We discovered
that you were right..." and proceeded to discuss how our money would
be returned to us.
We then received a fax from her stating that all liens had been
lifted and the IRS was at fault for the incorrect EIN. However, when
this IRS employee extended her "....sincere apologies.." in writing,
she did not mention a refund of the money the IRS unfairly took from
us. She did state, however, "...The Liens previously filed under
Employer Identification Number XXXX were not correct and should not
have been on Dr. & Mrs. Jacobs' account. The liens were not for
their liabilities. Within the next 6 to 8 weeks, Dr. & Mrs. Jacobs
will be in full compliance on all taxes both individual and business
..."
Mr. Chairman, both my husband and I are certainly pleased and
greatly relieved that this 17 year confrontation with the IRS is
almost over. But we cannot agree with the IRS that it is completely
over. We would appreciate receiving our refund with the same
enthusiasm and speed with which the IRS collected it. However, the
real reason I am here this morning is to bring to light what my
husband and I feel is an attitude that permeates the IRS. It is one
of manipulation and control of the taxpayer. Both my husband and I
were met with indifference when dealing with the IRS Offices. IRS
employees were not interested in listening to us, much less
investigating our assertions. They assumed we were guilty -- that we
owed the money! The IRS is beyond the law. Congressional inquiries
on our behalf met with only limp responses. Mr. Chairman, an agency
with this type of power over American citizens requires someone to
rid it of such abusive conduct. My husband and I commend you for
your effort here today to accomplish that goal.
Thank you.