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The New York Times
September 17,
2003
To Thwart Fraud, I.R.S. and States Will
Share Leads
By DAVID CAY JOHNSTON
WASHINGTON, Sept. 16 ‹ The Internal Revenue Service and
40 states announced an agreement today to share investigative leads on
promoters of fraudulent tax schemes and to coordinate efforts to shut
them down, prosecute them in some cases and warn the public.
The
I.R.S. and the states have historically shared information, but
usually after audits or enforcement actions were completed, not at the
early stages when tips come in about tax evasion. That has meant that
some tax frauds have gone unpunished at either the state or the federal
level because the statute of limitations for prosecution expired by the
time information was exchanged.
Officials who announced the
agreement also said they saw signs of an important shift in tax
cheating away from the largest corporations, which Mark W. Everson, the
commissioner of internal revenue, attributed in part to extensive news
coverage of such misconduct.
"There is a migration of these schemes
and scams to smaller corporations and individuals," Mr. Everson said at
a Treasury Department briefing attended by federal and state tax
officials.
"All of the people behind me would attest that they are
seeing more and more" tax frauds, Mr. Everson said to nods of agreement
from some of the state tax officials who had signed the agreement in
the last three weeks.
The agreement, he added, should worry tax
scheme promoters. "We're closing in on you from all sides," Mr. Everson
said.
The degree to which the I.R.S. can pursue tax cheats is
limited. Congress has steadily eroded the ability of the I.R.S. to
pursue tax cheats, cutting the number of auditors by a third, for
example, even as the number of tax returns grows. Many tax frauds are
openly described on the Internet, as well as in advertisements on the
radio, in magazines and newspapers and in books by
promoters.
Tax frauds cost California $500 million a year, said
Mary Jo Mandel, the state deputy controller. Other officials said they
did not have any solid estimates but described losses to tax frauds as
significant and increasing.
The agreement is part of a long-term
strategy to address tax frauds, said Stephen M. Cordi, the deputy
comptroller of Maryland and president of the Federation of Tax
Administrators, an association of state tax agencies.
"We are not
in this for short-term revenue gain," Mr. Cordi said, taking note of
the budget gaps that are forcing cuts in government spending in
most states.
Rather, he said, the agreement is intended to guard
against more honest taxpayers giving up in disgust and joining the
cheats. Unless the I.R.S. and the states aggressively pursue promoters
of tax schemes, "We will lose the trust of our compliant taxpayers,"
Mr. Cordi said.
As he spoke, about two dozen protesters who are
part of the so-called tax honesty movement held banners outside the
Treasury building saying "No Answers, No Taxes." Among those protesting
were two former I.R.S. auditors, Sherry Jackson and John Turner, and
Joseph R. Banister, a former special agent in the I.R.S. criminal
investigation division, all of whom say that no law requires the
payment of taxes.
Mr. Banister, a certified public accountant in
San Jose, Calif., has said that he pays his taxes but does not file a
Form 1040 tax return. Because of that, and because his clients stopped
paying taxes before they hired him, he has said he is confident that
the government has no basis to indict him on any tax
charges.
The protesters gathered under the aegis of the We The
People Foundation for Constitutional Education in Queensbury, N.Y., a
public charity that the I.R.S. has approved to accept tax-deductible
contributions.
Bob Schulz, the foundation's founder, said that he
and others have petitioned for a redress of their grievances, asking to
be shown what law requires the payment of taxes, but that the
government has not replied. He said that the I.R.S. issued three
summonses this year for information because he did not file a personal
tax return in 2001 and 2002. He added that he had filed three lawsuits
in Federal District Court in Albany to quash the summonses. He said the
I.R.S. had ignored his lawsuits.
Asked why the I.R.S. has not
answered the group's questions in writing, Dale Hart, the I.R.S.
executive who oversees small businesses and self-employed taxpayers,
said claims that taxes are voluntary are addressed at the I.R.S. Web
site and in print publications.
Later, an I.R.S. senior spokesman,
Terry L. Lemons, said that courts had upheld the validity of the tax
laws and that the agency did not want to waste time and resources
dealing with well-settled issues. Mr. Lemons added that the recent
spate of enforcement actions taken by the I.R.S. against promoters of
abusive tax schemes, and the new agreement with the states, show other
ways that government is answering the petition.
Arthur Roth, who
just retired as New York State tax commissioner, said that to detect
fraud "all governments are relying more and more on
electronic gathering of third-party information" like bank deposits and
interest payments. He said the government was rapidly increasing the
sophistication with which it mines such sources.
Such techniques
are of little value in identifying those who do not file tax returns.
Several promoters run schools showing people how to set up
bank accounts, hire workers and sell to the public without leaving an
electronic trail for the tax authorities.
Mrs. Hart said that
under the new agreement the I.R.S. and the states would also look for
such promoters and their clients.
"This agreement is about any type
of abusive scheme," she said, vowing to look for those who "are trying
to drop out of the system."
Mrs. Hart said no state had rejected
the agreement and that she expected more to sign it soon. Two states
that signed the agreement, Florida and Washington, do not impose an
individual income tax. Mrs. Hart said in those states excise and
corporate taxes would be the focus of coordinated efforts against tax
fraud schemes.
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