Thank you for the opportunity to be of service and to express my views on the current
state of the Internal Revenue Service. I am a practicing tax attorney in a suburb of Los
Angeles. For the past 20 years, my practice has been primarily limited to matters of tax
collections, audits and tax litigation. I represent clients in all walks of life and in
all tax brackets. I'm in the trenches everyday, eye-to-eye with IRS auditors and tax
collectors.
One of the high points of my legal career was the obtaining of U.S. veterans
recognition for the American Volunteer Group, commonly known as the Flying Tigers of World
War II fame. I am the author of several books on IRS practice and procedure with emphasis
on audit and collection practices of the IRS. I wrote the first practitioner's manuals on
IRS and California collection defense practice. I have also written books for business and
individual taxpayers who are having IRS problems. I frequently speak at major tax
institutes throughout the country such as the NYU and USC Tax Institutes, Northwest Tax
Institute and annual meetings of the American Society of Attorneys-Certified Public
Accountants. I am continuously educating and writing for attorneys, CPAs and tax
practitioners on IRS and California practice and procedure.
Most IRS tax collectors (Revenue Officers) are decent overworked people with an
unpopular job. However, they do their utmost to follow the law and the provisions of the
IRS Manual. Unfortunately, they do not keep current on changes within the IRS and very
often their internal libraries are seriously outdated.
Recently, Revenue Officers have informed me that the IRS is adopting a get-tough
attitude with regard to tax collections. While the first Taxpayer Bill of Rights of 1989
did away with the keeping of formal internal statistics on collection, it still appears
that the only way to make a name for yourself within the Collection Division is by the
number of seizures under your belt. The remainder of my testimony will address an
unpleasant example of this which I have been involved with over the course of the past few
months.
The IRS has fixed standards relating to allowable living expenses in order to grant the
taxpayer a payment arrangement. A taxpayer has no fight to a payment arrangement. These
standards are unrealistic and do not take into consideration financial commitments made by
people prior to their becoming delinquent in their taxes.
The same unrealistic IRS standards apply to the cost of owning and operating a car and
other essential living expenses such as food, clothing and personal maintenance. A
taxpayer is not allowed educational expenses such as a child's private school or college
education. A taxpayer is not allowed to support his or her place of worship.
These unrealistic expense standards have driven many taxpayers into unnecessary
bankruptcy in order to take advantage of the automatic stay from IRS seizures and wage
garnishments and to work out long-term payment plans, some available without interest.
However, these otherwise productive taxpayers now have the stigma of bankruptcy on their
record. My colleagues around the country have expressed the same frustrations. The driving
of normally solvent and productive taxpayers into bankruptcy because of unrealistic IRS
expense standards is a national tragedy.
The bottom line is the IRS would rather force a taxpayer into bankruptcy than to accept
a fair payment arrangement or a settlement known as an offer in compromise.
The IRS can take a taxpayer's home on just the signature of the District Director
alone. There is no court hearing, no notice and no opportunity to litigate the merits of
the IRS' claim.
The IRS can close down a business and take away a taxpayer's livelihood by merely
filing a few papers in federal court. The judge simply signs the seizure order and that's
all there is to it. The taxpayer gets absolutely no notice or opportunity to contest the
legality of the assessment or the amount the IRS claims is owed. In doing so, the IRS can
commit perjury and get away with it. What is sad is this type of criminal conduct seems to
be condoned by the tax collectors' superiors. To me, this violates not only the Fourth and
Fifth Amendments of our Constitution, but one's basic civil rights as well, it's just
plain not fair!
As an example, let me tell you about "Joe." Joe operates a small business. In
the early 1990's he owed the IRS. Because he couldn't pay in full, he made a deal with the
IRS known as an offer in compromise. This was accepted by the IRS on the condition that
regular payments be made. The IRS claims Joe breached the terms of the deal; Joe claims he
paid in full. The IRS did not send Joe the required default warning letter. This IRS error
entitles Joe to have the offer reinstated. Since the beginning of the year, the IRS,
through seizures and wage garnishments, has taken more than the terms of the original
offer allowed. Although repeated requests have been made for a copy of the warning letter,
to date it has not been produced.
For the past several years, Joe has been current on his filings and tax payments. When
a taxpayer is current the IRS directives require that the IRS work with the taxpayer in
suspending collection due to economic hardship or establishing an installment payment
arrangement.
But Joe's assigned Revenue Officer does not want to discuss a hardship suspension or an
installment payment arrangement. The Revenue Officer wants to close down Joe's business
while Joe and his wife are barely able to provide an income to support their two children.
In order to obtain a court order to close down a business, all that is needed is a
formal application and a sworn declaration that the revenue officer followed very specific
procedures to protect a taxpayer's Constitutional rights. It's all very secretive. The
taxpayer is never given notice of these proceedings and is never afforded an opportunity
to contest the merits of the IRS' claim. The Revenue Officer simply obtains the seizure
order through the Court, represented by the U.S. Attorney's Office and serves the final
court order along with the seizure notice to the taxpayer who must immediately vacate the
business premises. The taxpayer's only recourse is a long and costly tax refund procedure
which most likely will wind up in court. In the meantime, the IRS sells the business
assets and the taxpayer's business is gone!
One day I was negotiating a payment arrangement, and the very next day the Revenue
Officer, without warning, showed up at Joe's place of business together with several IRS
personnel and padlocked the entire premises. Two court orders were obtained against Joe
personally and his wholly-owned corporation. Joe was not shown the court orders and the
several attempts to request copies of the orders from the Revenue Officer and his
supervisor went unanswered and still go unanswered!
Two court orders were finally obtained from the District Court Clerk. Both supporting
Revenue Officer declarations revealed blatant perjury. The Revenue Officer represented to
the Court that he met with Joe and asked his permission to enter and seize his business.
It was on these representations that two District Court judges issued the seizure orders.
Joe never met with the Revenue Officer. In fact, during that week, Joe was out of the
state and never spoke to anyone from the IRS.
In obtaining perjured court orders, the IRS violated Joe's civil rights and rights
under the Fourth and Fifth Amendments of the Constitution.
The IRS allowed Joe back in his business a few days later but not before Joe paid
$6,400 which he had to borrow from friends, a most humiliating experience. Before handing
Joe back the keys to his business, and dangling the keys in front of Joe's face, the
seizing Revenue Officer, the fellow who committed the perjury, insisted that Joe revoke my
power of attorney and sign a paper waiving his rights to complain about any IRS
misconduct. Feeling helpless, Joe complied but under duress.
One week, the IRS told Joe he owed a little over $160,000. But, just three weeks later,
Joe was told he owes close to $314,000 -- with no explanation.
Some IRS auditors and tax collectors have taken the position that the Congressional
directives set forth as statutes in the Internal Revenue Code are simply guidelines that
are free to be rejected at will. If IRS employees do not follow the law and if they commit
perjury before federal judges, their conduct is often condoned by their superiors,
including those at the highest level.
With increasing frequency, I find that I have to go over the Revenue Officer's head to
his or her manager and even over the manager's head to the Branch Chief. It is getting
increasingly more difficult to distinguish ignorance from bully tactics and
overzealousness. I do believe that Revenue Officers are being pushed by their superiors to
undertake more seizures in order to achieve promotions within the system.
The example I have presented here today reflect a lack of accountability within the
system, to the taxpayer, and to the taxpaying public and reflect an institutional
arrogance. This is especially true in exceptional cases where a maverick or renegade tax
collector throws aside the law and internal IRS procedures in order to achieve
self-promotion and recognition by his or her superiors.
Suggestions for Improvement of IRS Service and Taxpayer Rights
I.R.S. stands for Internal Revenue SERVICE. We're not getting as much service as we
should for our money these days. Taxpayer abuse will not stop by just putting in a new
high tech computer system. While electronic technology is very important and necessary, we
must keep in mind that these are just machines and machines can serve to further widen the
distance and alienate the American people from their Government. Creating a new Board of
Governors that sits in its insulated ivory towers is not the answer either.
We need to put some real teeth into the Taxpayer Bill of Rights. Of primary importance,
the IRS should not be allowed to take any property of any kind from a taxpayer without
notice and an opportunity to be heard. The IRS should pay damages not only when its agents
violate the statutes in the Internal Revenue Code, but should also pay damages for
violating internal procedures set forth in their own Manuals. Punitive damages should also
be awarded to taxpayers whose rights have been violated.
A taxpayer should be allowed a change of IRS auditor or collector for reasonable cause.
What is needed is an external check and balance system; a forum where small business
owners and the American taxpayer can afford to be heard without first having to pay what
the IRS says is owed and where all collection activity must immediately stop until the
issue is heard and ruled upon. What is needed is a forum where the burden of proof is
shifted to the IRS instead of the way things are now where the taxpayer is presumed guilty
until proven innocent. This forum must not be part of the IRS.
May I respectfully suggest the institution of an independent administrative system of
review of IRS collection activities before they are allowed to be implemented. A taxpayer
should be allowed to appeal IRS action to an Administrative Law Judge and, if necessary,
appeal that Judge's decision to an Administrative Appeals Board.
Conclusion
In conclusion, let me make it clear that not all taxpayers who owe the IRS deserve a
kinder and gentler hand. Some of these people need a fist.
Some do not take their tax obligations seriously, but most people do. Most Americans
want to do the right thing by the IRS and get back on track. The IRS should not be
abolished, but the machine definitely needs a tune-up. Taxpayers deserving respect must be
treated with respect; they must be given a level playing field. Our laws, our courts and
our Constitution must have the highest level of respect.
On this date in 1779, a Scottish born American commanded an old French ship he renamed
the Bon Homme Richard in honor of Ben Franklin. He got into quite a fight and was
out-gunned by a larger British ship known as the Serapis. When the British captain asked
him to surrender, he replied, "Sir, I have not yet begun to fight." That man was
John Paul Jones, the Father of the American Navy. Ladies and gentlemen of the Senate, you
must show the American people that you, too, have not yet begun to fight!
Thank you for this opportunity to appear before you.