The following amendments to the Senate Finance Committee Chairman's Mark
Relating to Reform and Restructuring of the Internal Revenue Service and
Tax Technical Corrections Provisions, as modified, were adopted by the
Committee:
1. Include Employee Representative on IRS Oversight Board
The amendment would include on the IRS Oversight Board one individual
who is a representative of an organization that represents a substantial
number of Internal Revenue Service employees and who is appointed by the
President, with the advice and consent of the Senate.
Adopted by a roll call vote of 12 ayes to 8 nays.
In addition, the amendment would provide clarifying language to
ensure that the ethics rules will not preclude the employee representative
from performing his or her duties as an IRS Oversight Board member.
Adopted by voice vote.
2. Include Secretary of the Treasury on IRS Oversight Board
The amendment would include the Secretary of Treasury on the IRS
Oversight Board.
Adopted by a roll call vote of 12 ayes to 8 nays.
3. State Refund Offsets
The amendment would permit States to participate in the IRS refund
offset program for past-due, legally enforceable State income tax debts,
providing (1) the person making the Federal tax overpayment has shown on
the return establishing the overpayment an address that is within the State
seeking the tax offset and (2) the State seeking the offset has implemented
due process procedures similar to those in the Chairman's Mark. The offset
would apply after the offsets provided in present law for internal revenue
tax liabilities, past-due support, past-due, legally enforceable obligations
owed a Federal agency, and overpayments of Social Security. The offset
would occur before the designation of any refund toward future Federal
tax liability.
Adopted by a roll call vote of 14 ayes to 6 nays.
4. Seizure of Principal Residence or Business as Payment Option
of Last Resort
The amendment would require the IRS to exhaust all other payment
options before seizing a business or principal residence. The modification
would not prohibit the seizure of a business or a principal residence,
but would treat such seizure as a payment option of last resort. It is
anticipated that the IRS would consider installment agreements, offer-in-compromise,
and seizure of other assets of the taxpayer before taking collection action
against the taxpayer's business or principal residence.
Adopted by Unanimous Consent.
5. Qualifications of Taxpayer Advocate
The amendment would provide that, in addition to having a background
in customer service and tax law, the Taxpayer Advocate should have experience
representing individual taxpayers.
Adopted by Unanimous Consent.