4.36.1  Joint Committee Process Overview  (05-04-2010)
Role of the Joint Committee on Taxation

  1. In 1926 Congress enacted legislation providing for a Congressional Joint Committee on Internal Revenue Taxation. The name of this committee was changed in 1976 to the Joint Committee on Taxation (JCT). The JCT monitors the operation of the Internal Revenue Service and its administration of the tax laws. The JCT’s duties are set forth in IRC 8022 which include consideration of possible changes in the tax laws leading to their clarification, simplification or revision to prevent undue hardships or the granting of unintended benefits.

  2. In addition, concerns over the potential for corruption and favoritism prompted the enactment of IRC 6405. IRC 6405 provides the JCT with oversight (as opposed to approval) authority of refunds of income, estate and gift taxes, and certain excise taxes in excess of a statutorily prescribed amount. It is to these refund cases that these procedures apply.  (05-04-2010)
The Joint Committee Specialist Program

  1. The Joint Committee Specialist program is part of the Planning, Quality, Analysis, and Support function of the Large and Mid-Size Business Division.

  2. The program is based in Chicago with specialists located in various posts of duty around the country. Staffing of the program will vary depending on case workload.  (05-04-2010)
Overview of the Joint Committee Process

  1. A refund or credit subject to Joint Committee review can arise from either an examination, an unpaid claim, or tentative allowances in excess of the jurisdictional amount. The examiner is responsible for determining whether a case falls under Joint Committee jurisdiction. The fact that a return or examination must be reported to JCT does not alter the nature of the examination that may be conducted, nor does it limit the examiner’s ability to survey the returns if this is the action deemed appropriate.

  2. The present jurisdictional amount is $2 million.

  3. Joint Committee specialists oversee the preparation of Joint Committee reports for all examined/surveyed cases, regardless of the business operating division. A specialist reviews the case files for procedural and technical accuracy and prepares the report that is submitted to the JCT. After approval, the report is transmitted to the Refund Office of the Joint Committee on Taxation.

  4. The JCT staff attorneys (also known as Refund Counsel) will review the Joint Committee report, the revenue agent's report and other documentation, as deemed necessary. Should the JCT staff attorneys have questions, they are usually resolved informally through phone calls or e-mails to the Joint Committee specialist. In some instances, a written inquiry may be issued. When the specialist is notified that the staff attorney has no further questions or concerns, the case is released and the unpaid jurisdictional overpayments are processed. In the event the JCT disagrees with or questions the position taken in the report, the refund is, generally, as a matter of agency policy, not processed pending the resolution of the dispute.  (05-04-2010)
IRM Overview

  1. The manual is organized to follow the processing of a Joint Committee case from inception to completion. IRM 4.36.2 discusses determining if a case falls under JCT jurisdiction. It also outlines the procedure for determining whether a multi-year examination case with deficiencies and overassessments falls under JCT jurisdiction.

  2. IRM 4.36.3 describes the examiner's responsibilities, including documentation requirements and statute control. It also addresses examination procedures for issue support and dispute resolution.

  3. IRM 4.36.4 provides guidance for the specialist's review and report preparation responsibilities, including procedures relating to issue support and dispute resolution.

  4. IRM 4.36.5 describes the various reports that may be submitted to the JCT.  (05-04-2010)
Joint Committee Specialist Web Site

  1. For contact information, frequently asked questions and Joint Committee forms refer to the Joint Committee Specialist web site at http://lmsb.irs.gov/hq/pqa/4/home.asp

More Internal Revenue Manual