5.18.1  Automated Substitute for Return (ASFR) Program (Cont. 4)

5.18.1.10 
Taxpayer Responses

5.18.1.10.2 
Taxpayer Responses, Returns and Correspondence

5.18.1.10.2.3 
Tax Examiner Procedures for Processing Taxpayer Responses

5.18.1.10.2.3.4  (11-03-2010)
Case Files

  1. Local management can determine how cases should be kept and filed. However, a filing system must be established to ensure that the earliest received cases are worked first. Management must also ensure that case files are purged when the module is closed on ASFR, and all security and disclosure procedures must be adhered to.

  2. For SBSE, a history sheet must be contained in each case file. If AMS is used, a history entry delineating the actions, and the date of each action taken, should be input to document case history.

    Note:

    Correspondence does not require an automated history sheet to be associated as part of the case file, however an AMS history entry should be made to identify actions taken on the case.

5.18.1.10.2.3.5  (04-18-2011)
Capturing Telephone Number Information

  1. If the taxpayer provides a telephone number when he/she corresponds, or the telephone number is present on the return, update ENMOD with the telephone number using CC TELEA, TELEC, or TELED as needed.

  2. When a call is received from a taxpayer, attempt to secure, or verify the telephone number. Update ENMOD with the taxpayer's telephone number using CC TELEA, TELEC, or TELED as needed.

5.18.1.10.2.3.6  (09-20-2011)
Updating Entity

  1. If the taxpayer supplies a new address orally, or through written correspondence, update IDRS with the new address.

  2. If a return is secured and it is an original return (not a signed copy) and the address on the return does not match what is on the Master File, update the Master File using CC ENREQ, if it is determined that the return has the most current address.

    Note:

    Many times a taxpayer will use their address at the time of the return period, which might not be their current address, especially when sending copies of a return that you are processing as an original. Research the Master File to see if the address matches. If the Master File shows a different address, determine which address is more current by checking for a return address on the envelope or correspondence, or if the address is shown as a previous address on entity. Perfect the Entity on the return per the most current address. If the address on the return is the most current, then update the entity on IDRS if appropriate. If unable to determine if the tax return address is the most current address then document on history sheet/AMS.

  3. The taxpayer's filing status must be input when completing the adjustment from the taxpayer's original return if the filing status is different than the filing status posted to TXMOD.

5.18.1.10.2.3.7  (10-01-2005)
Power-Of-Attorney (POA) Form 2848

  1. Power of Attorney and Declaration of Representative, authorizes the designated party to represent the taxpayer before the Service. In general, the designated party must be an attorney, an enrolled agent, or CPA, or must be specially authorized to practice before the IRS.

    Note:

    An individual who is not a practitioner may represent a member of his or her immediate family even if the taxpayer is not present, provided the individual presents satisfactory identification and proof of his or her authority to represent the taxpayer.

    Note:

    Students working in a Low Income Taxpayer Clinic (LITC) or Student Tax Clinic Program (STCP) may represent taxpayers under a special order by the Director, Office of Professional Responsibility. The instructions to Form 2848, Power of Attorney and Declaration of Representative, require that such students attach a copy of the letter from the Office of Professional Responsibility authorizing practice before the Internal Revenue Service. Students who have been authorized to practice by special order may, subject to any limitations set forth in the letter from the Office of Professional Responsibility, represent taxpayers before any IRS office and should be viewed the same as any other taxpayer's representative for which a Form 2848 has been submitted.

    Notification to the Service that a taxpayer has authorized a party as a POA, is usually submitted on Form 2848.

  2. Form 2848, or any other POA form submitted by the taxpayer must contain:

    • Taxpayer's full name, address, and TIN

    • Representative's full name and address

    • Type of Tax

    • Tax year(s) or period(s)

    • Signature of/for taxpayer and date of signature

    • Representative must sign declaration

  3. Use CC CFINK on IDRS to research the CAF for a valid POA for the period in question and whether that POA is authorized to receive notices.

  4. If a Form 2848 or other POA form is submitted, do the following:

    If Then
    POA does not contain all the items listed above,
    1. Photocopy the form/letter to keep with case file.

    2. Return original to the taxpayer explaining that it is incomplete.

    POA does contain all the items listed above,
    1. Photocopy the form/letter and notate on the copy "original forwarded to CAF" and date.

    2. Keep copy with case file.

  5. If correspondence is received from a third party indicating that they have POA, but they are not designated as a POA on the CAF, and a completed Form 2848 is not attached, do not contact or correspond with the unauthorized third party. Respond directly to the taxpayer and send the appropriate "C" letter (for example, Letter 135C) to the third party.

  6. If a third party calls and the third party identifies themselves as a POA, research the CAF. If on the CAF, and the POA can verify: Taxpayer’ Name, Taxpayer’s TIN, Third Party’s Name, Third Party’s Number (a.k.a., Rep#, CAF#), Tax Period(s) in Question, and Tax Form(s) in Question, consider the third party a POA. If the third party is not designated as a POA on the CAF, advise the third party that no tax information may be disclosed. Information may be taken from the third party. Advise the third party that a Form 2848 should be submitted to designate a POA. If the third party requests to fax a copy of Form 2848, advise the third party to fax the Form 2848. Review the faxed Form 2848 for all required information. If complete, consider the third party a POA. Route faxed Form 2848 to the appropriate CAF team.

5.18.1.10.2.3.8  (10-01-2005)
Tax Information Authority (TIA) Form 8821

  1. A Form 8821, Tax Information Authorization, only allows the holder to receive the taxpayer's tax information. Form 8821 is limited in the scope of authorization it allows. Form 8821 only permits the disclosure of information to the party; it does not allow the party to represent the organization.

  2. If a third party calls and the third party identifies themselves as a TIA, research the CAF. If on the CAF, and the TIA can verify: Taxpayer’ Name, Taxpayer’s TIN, Third Party’s Name, Third Party’s Number (a.k.a., Rep#, CAF#), Tax Period(s) in Question, and Tax Form(s) in Question, consider the third party a TIA . If the third party is not designated as a TIA on the CAF, advise the third party that no tax information may be disclosed. Information may be taken from the third party. Advise the third party that a Form 8821 should be submitted to designate a TIA. If the third party requests to fax a copy of Form 8821, advise the third party to fax the Form 8821. Review the faxed Form 8821 for all required information. If complete, consider the third party a TIA. Route faxed Form 8821 to the appropriate CAF team.

  3. A request to grant Form 8821 authority can be made orally. However, the taxpayer must call the appropriate CAF unit. Advise the taxpayer that they must have the assigned CAF number of the third party to request Form 8821 authority orally. If not, the Form 8821 must be submitted in writing. See IRM 21.5.1, General Adjustments, for signature requirements and claim processing.

5.18.1.10.2.3.9  (10-01-2005)
Third Party Designees

  1. Third Party Designees cannot be designated on ASFR Returns and ASFR Reconsiderations because the designation expires one year after the due date of the return without regard to extensions. If an ASFR Return or Reconsideration is received and the Third Party Designee box is checked, do not consider authority granted. Do not disclose any tax information if the Designee indicated on the return calls or corresponds. If the Designee calls, advise the Designee that the taxpayer must submit a Form 8821 to grant the same authority as a Third Party Designee. If the Designee corresponds, respond to the taxpayer and advise that a Form 8821 must be filed to grant the same authority as a Third Party Designee. A request to grant Form 8821 authority can be made orally. However, the taxpayer must call the appropriate CAF unit. Advise the taxpayer that they must have the assigned CAF number of the third party to request Form 8821 authority orally. If not, the Form 8821 must be submitted in writing.

    Note:

    Information may always be taken from a third party to resolve the case. However, do not update the MF address based on an unauthorized third party. An unauthorized third party (without a valid POA or TIA) may request an adjustment or account correction for the taxpayer. This may be done orally or in writing. While information may be accepted, taxpayer account information may not be provided to an unauthorized third party. An unauthorized third party cannot under any circumstances bind the taxpayer, such as requesting an adjustment that requires the taxpayer's signature.

5.18.1.10.2.3.10  (12-30-2011)
Freedom of Information Request

  1. All FOIA requests should be directed to the Disclosure Scanning Operation at the following addresses:

    • If IRS employee forwarding via overnight mail:
      ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • Taxpayers send to:
      IRS
      Disclosure Scanning Operation
      Stop 93A
      P.O. Box 621506
      Atlanta, Georgia 30362-3006

5.18.1.10.2.3.11  (10-01-2005)
Third Party Contact

  1. Internal Revenue Code (IRC) 7602(c)(1) provides that the Service may not contact any person other than the taxpayer with respect to the determination or collection of the tax liability of such taxpayer without first providing reasonable notice in advance to the taxpayer that contacts with persons other than the taxpayer may be made. If a taxpayer received Publication 1 subsequent to 05/16/2005 or a CP 518, third party contact requirements have been met.

  2. The requirement to contact third parties during ASFR processing will be rare. However, if a third party contact is needed to reconcile a discrepancy between information reported on the tax return and information reported by the payer on Forms 1099 or Forms W-2, the following procedures apply :

    1. Issue Letter 3238C to taxpayer and Power of Attorney (POA), if appropriate OR

    2. Secure an oral authorization from the taxpayer to contact the third party. Oral authorizations expedite the resolution of the discrepancy. Document the oral authorization.

    3. If Letter 3238C is used, wait 10 days from the date of mailing to contact the third party. If the taxpayer authorizes the third party contact, there is no 10 day wait.

    4. When a third party contact letter is mailed to an individual, take the following steps: 1) Include the following script in the letter being mailed to the third party.By law, I am required to include your name on a list of parties we have contacted. The law requires that this list be sent at least once a year to [state taxpayer's name]. If you believe that including your name on the list may result in reprisal against any person, we can exclude you from the list. If you have any reason to believe that reprisal against any person may occur, you should call me at the telephone number listed above by [insert a date that is 10 calendar days from the date the letter is mailed]. 2) Complete Form 12175, but do not forward it to the third party contact coordinator until after the 10 calendar days have passed. 3) If after the tenth day, the third party has not claimed a fear of reprisal, forward the Form 12175 to the third party contact coordinator. 4) If the third party does claim a fear of reprisal, document the case file. Any concern raised by the third party with respect to reprisal will be taken at face value. Do not question any third party claims to reprisal. Replace the Form 12175 that was previously completed with a new Form 12175 to reflect the reprisal determination. Forward the new Form 12175 to the third party contact coordinator. 5) In situations where a form letter is mailed to a business entity, it is not necessary to include the reprisal script.

    5. Complete the Form 12175 for those third parties who are contacted and submit to the third party contact coordinator for input to the database.

    6. If oral authorization is given by the taxpayer, a Form 12175, Third Party Contact Authorization Form, is not required. If the taxpayer signed a Form 12180, retain this form with the file. NOTE: If this was a joint return, both parties must sign the Form 12180 or orally authorize the contact.

  3. If you have additional questions, contact your Campus Third Party Contact Coordinator .

5.18.1.10.2.3.12  (09-20-2011)
Refund Hold

  1. The Service holds individual income tax refunds, debtor master file offsets and credit elects when a return is filed with a refund IRM 25.12.1.2 and the account has at least one module within the five years prior to the Refund Hold where IRP information exists and no return is posted or a TC 590, 591 or 593 has not posted.

  2. Refunds held by this program contain all of the following codes on IDRS:

    1. TC 570 with 999 in the Julian date field of the document locator number (DLN) (digits 6, 7 and 8).

    2. Reason code (RC) "RF" displayed on the Integrated Data Retrieval System (IDRS) through Command Code (CC) TXMOD on the refund hold year.

    3. Freeze Code "-R" on IDRS CC SUMRY, TXMOD of year refund is being held and IMFOL. Document Document 6209 Chapter 8for additional information on freeze codes.

  3. The -R freeze will prevent refunds, but will allow offsets. If a refund held by the Refund Hold program is offset to a liability, the case is no longer considered a Refund Hold case.

  4. Refunds held on accounts where the taxpayer is deceased, even if they meet the Refund Hold criteria, should be released.

  5. If a return is received on a Refund Hold, work upon receipt. Refund Hold responses should not be batched with other inventory. They should be given priority consideration.Release refund hold on any years showing Refund Hold indicators if all delinquencies are resolved, ASFR return discrepancies have been addressed and no balance due will be due for the taxpayer, use TC 290 for $.00 with priority code 8, and RC085.

    Exception:

    If -Z, Z-, or TC 971 with action code 134 is present on the Refund Hold year, do not release or transfer the refund. See IRM 21.5.6.4.34.3 for more information.

5.18.1.10.2.3.13  (03-04-2011)
Taxpayer Correspondence

  1. If a telephone number is available, and telephone contact will resolve or expedite processing the case, you must attempt to contact the taxpayer via the telephone prior to corresponding with the taxpayer. AMS must be annotated that telephone contact was attempted before generating written correspondence.

  2. Use Q-Note or appropriate Correspondex letter to respond to the taxpayer inquiries.

    Note:

    "Correspondex letter 2358C (IMF/BMF TDI Closing Letter) was implemented on October 5, 2009 and may be used when a closing letter is required instead of Qnote or other Correspondex letters".

  3. Give the taxpayer a date to respond by when writing to the taxpayer requesting additional information or return.

  4. Advise the taxpayer of the consequences of not responding by the due date.

  5. If no reply is received use the address on ENMOD and continue ASFR processing.

  6. Correspondence must be worked within 30 days of the original received date. An interim letter sent within the 30 day time frame satisfies this requirement.

  7. Correspondence may be attached to returns or received separately.

  8. If ASFR-related correspondence is attached to the return, all issues must be addressed.

  9. If non-ASFR-related correspondence is attached to the return, detach the correspondence and forward to the appropriate area. Input a history item on AMS.

  10. Send 86C letter when rerouting mail to another function. Attach a copy of the letter to the case.

  11. If remittance is discovered, follow Local Discovered Remittance Procedures. Payments received must be processed by Receipt and Control.

  12. There are various types of correspondence received in ASFR:

    • Taxpayer states he or she previously filed-Filed Jointly

    • Taxpayer is deceased

    • Freedom of Information request

    • Identity Theft

    • Request to Rescind Statutory Notice of Deficiency

    • Taxpayer agrees, partially agrees, or disagrees to the assessment

    • Taxpayer states he/she is not liable to file

    • Installment agreement requested or taxpayer states can't pay or won't pay

    • Extension to file requested

    • Taxpayer believes tax laws are unconstitutional

    • Request for abatement of penalty

    • Taxpayer states he or she filed in Guam, Puerto Rico, or the US Virgin Islands

    • Taxpayer requests abatement of Lien Fee IRM 5.18.1.10.2.3.48.10

5.18.1.10.2.3.13.1  (05-19-2009)
Income Previously Reported

  1. If the taxpayer corresponds that they previously reported income on a return under a different name, SSN, verify filing on IDRS. If filed with a spouse see IRM reference 5.18.1.10.2.3.13.2. If there is no indication of filing on IDRS, request a complete and signed copy of the return from the taxpayer. If filing is verified, do the following:

    If Verified Then
    and a 30-Day Letter was issued
    • On IDRS, input a TC 594 CC 83, TC 290 for $.00 and TC 887 for .01, and TC 971 AC 001 with cross reference TIN. Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to Status 101.

    • Notify taxpayer that case is resolved.

    and a 90-Day Letter was issued
    • On IDRS, input a TC 594 CC 83, TC 290 for $.00 and TC 887 for .01- and TC 495, TC 971 AC 001 with cross reference TIN. Resolve any credits. See IRM 5.19.2.6.8

    • Updated ASFR to Status 101.

    • Notify taxpayer that case is resolved.

    and there is a default assessment posted to IDRS,
    1. On IDRS input TC 594 CC 83 zero out tax, penalties, credits, income, and SE amounts, and all posted reference amounts.

    2. Use credit reference 887 to reduce exemption to zero.

    3. Input Hold Code 4.

    4. Resolve any available credits per 5.19.2.6.8. Do not release credits to the taxpayer, unless the credits can be applied to the module where the return was filed. If the income was reported by a different taxpayer, do not move or release the money. Taxpayers must claim refund by submitting a return or claim for refund.

    5. Input TC 971 AC 001 with cross reference TIN.

    6. Notify taxpayer that case is resolved

    If Not Verified Then
    and a 30-Day Letter was issued
    • Continue ASFR processing. Update ASFR to Status 030 if the follow-up date has not expired. If the follow-up date has expired, update ASFR to Status 030 using the expired follow-up date. IRM 5.18.1.7.15.

    • Per local procedures close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    and a 90-Day Letter was issued
    • Continue ASFR processing. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the case.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    and there is a default assessment posted to IDRS
    • On IDRS, input a TC 290 for .00, and close IDRS control. Input activity that taxpayer's response was insufficient.

    • Notify taxpayer that response was insufficient and that collection activity will resume.

5.18.1.10.2.3.13.2  (11-25-2008)
Filed Jointly

  1. If the taxpayer corresponds that they filed a joint return, verify filing. Do the following:

    If Verified Then
    and a 30-Day Letter was issued
    • On IDRS, input a TC 594 CC 84, TC 290 for $.00 and TC 887 for .01-, TC 999. Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to Status 101.

    • Notify taxpayer that case is resolved.

    and a 90-Day Letter was issued
    • On IDRS, input a TC 594 CC 84 with the cross-reference SSN, TC 290 for $.00 and TC 887 for .01- ,TC 495, TC 999. Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to status 101.

    • Notify taxpayer that case is resolved.

    and there is a default assessment posted to IDRS,
    1. Zero out tax, penalties, credits, income, and SE amounts.

    2. Use credit reference 887 to reduce exemption to zero.

    3. Input Hold Code 4 and credit reference 999 with 00 amount to indicate a secondary account return associated with a joint return.

    4. Resolve any available credits to primary account. See IRM 5.19.2.6.8

    5. Input TC 594 CC 84 if a DN TC 590 CC 75 has not posted to the module.

    6. Notify taxpayer that case is resolved.

    If Not Verified Then
    and a 30-Day Letter was issued
    • Continue ASFR processing. Update ASFR to Status 030 if the follow-up date has not expired. .If the follow-up date has expired, update ASFR to Status 030 using the expired follow-up date.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    and a 90-Day Letter was issued
    • Continue ASFR processing. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the case.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    and there is a default assessment posted to IDRS
    • On IDRS, input a TC 290 for $.00, and close your control. Input activity that the taxpayer's response was insufficient.

    • Notify taxpayer that response was insufficient and that collection activity will resume.

5.18.1.10.2.3.13.3  (04-18-2011)
Deceased Taxpayer

  1. If correspondence states that the taxpayer is deceased and date of death is not present, research IDRS. If after research, date of death is not found, contact spouse, or legal representative for date of death.

    If Then
    Taxpayer died during or after ASFR tax year, Contact legal representative and advise them that a return should be filed.
    Date of death is present and the taxpayer died prior to the ASFR delinquent tax year, Do not pursue, process as not liable.

  2. If correspondence states that income was reported on a Form 1041, follow instructions in 5.18.1.10.2.3.13.1. Also, input a TC 540 on the year during which the death occurred.

  3. On deceased cases, check IDRS and ASFR for all open ASFR modules. Work all modules open on ASFR.

5.18.1.10.2.3.13.4  (04-18-2011)
No Knowledge of Income

  1. If the response from the taxpayer is that the income isn't theirs, do the following:

    1. Follow Third party Contact procedures. IRM 5.18.1.10.2.3.11. Contact payer to verify income. Send appropriate correspondex letter (1901C)or Q-note.

    If the payer verifies that the income does not belong to the taxpayer, or if there is no response from the payer, and when income is deleted the tax is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Then
    and a 30-Day Letter was issued
    • On IDRS, input a TC 590 CC 88, TC 290 for $.00 and TC 887 for .01-. Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to Status 101.

    • Notify taxpayer that case is resolved

    and a 90-Day Letter was issued
    • On IDRS, input a TC 590 CC 88, TC 290 for $.00 and TC 887 for .01- ,TC 495. Resolve any credits. See IRM 5.19.2.6.8

    • Updated ASFR to Status 101.

    • Notify taxpayer that case is resolved.

    and there is a default assessment posted to IDRS,
    1. Zero out tax, penalties, credits, income, and SE amounts.

    2. Use credit reference 887 to reduce exemption to zero.

    3. Input Hold Code 4.

    4. Resolve any available credits per 5.19.2.6.8. Do not release credits to the taxpayer. Taxpayers must claim refund by submitting a return or claiming a claim for refund.

    5. Notify taxpayer that case is resolved

    If the payer states that the income belongs to the taxpayer Then
    and a 30-Day Letter was issued
    • Contact the taxpayer to notify them that the payer confirmed they are the recipient of the income. Update ASFR to Status 030 if the follow-up date has not expired. If the follow-up date has expired, update ASFR to Status 030 using the expired follow-up date.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    • If the taxpayer responds again that the income is not theirs, refer case to Examination Classification.

    and a 90-Day Letter was issued
    • Contact the taxpayer to notify them that the payer confirmed they are the recipient of the income. Continue ASFR processing. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the module.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    • If the taxpayer responds again that the income is not theirs, refer to Examination Classification.

    and there is a default assessment posted to IDRS
    • Contact the taxpayer to notify them that the payer confirmed they are the recipient of the income, and that collection activity will resume on any unpaid balance.

    • On IDRS, input a TC 290 for .00, and close your control. Input activity that taxpayer's response was insufficient.

    • If the taxpayer responds again that the income is not theirs, refer to Examination Classification.

    If the payer responds that the income is not the taxpayer's, but when deleted the tax on the remaining income is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Then
    and a 30-Day Letter was issued
    • Delete the income (case minor), update the major record and update ASFR to status 032 to re-issue the 30-day letter.

    • Per local procedures, close or update IDRS control. Input activity, continue ASFR.

    • Notify Taxpayer that we have corrected our records, but they are still liable to file a return.

    and a 90-Day Letter was issued
    • Manually update ASFR. Delete income. Do not re-issue 90-Day Letter.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue. Send taxpayer a revised report, and explain that the statutory period for petitioning the Tax Court has not been extended.

    and there is a default assessment posted to IDRS
    • Recalculate tax and on IDRS, input a TC 291 for the appropriate amount. Resolve any credits. See IRM 5.19.2.6.8

    • Notify taxpayer that the tax was recalculated based, and that taxpayer will receive a notice of adjustment.

  2. When deleting wages, correct the taxpayer's records by preparing Form 9409, IRS/SSA Wage Worksheet, Form 9409. Mail Form 9409 to the Social Security Administration (SSA) at the following address:
    Social Security Administration
    Division of Earnings Records Operations
    300 N. Greene Street
    4-D-15, 4th Floor, North Building
    Baltimore, MD 21290

5.18.1.10.2.3.13.5  (05-20-2011)
Identity Theft

  1. The taxpayer must provide the required documentation to substantiate Identity Theft. If the taxpayer indicates income was the result of identity theft or their SSN is being used illegally and the taxpayer does not provide substantiation, send either Corrospendex Letter 2626C, 239C or a Q-Note, to request documentation of Identity Theft. Include the following special paragraph: "To verify misuse of your Social Security Number, please send a copy of your valid U.S. federal or state government issued identification (driver’s license, social security card, passport, etc.) and a copy of a police report or the IRS affidavit Form 14039"

    Note:

    If the taxpayer does not respond with appropriate documentation and still indicates income was the result of Identity Theft or their SSN is being used illegally, then follow Third Party contact procedures

    IRM 5.18.1.10.2.3.11.

    1. Do Not request the required substantiation documentation if a TC 971 AC 522 is already present on the account for the same tax year on CC ENMOD.

    2. In some cases where the IRS or taxpayer has determined that identity theft exists, but the case has not been resolved, a TC 971 AC 522 may be applicable. If the taxpayer submits proper substantiation documentation, but the identity theft issue may take some time to resolve, the input of a TC 971 AC 522 is applicable.

    3. The TC 971 AC 522 is applied to a taxpayer's account when substantiation documentation has been received by the IRS and the adjustment and resolution of the identity theft case will be made by a function other than the one receiving the substantiation documentation. IE: If substantiation documentation is received in ASFR and the case is closed in ASFR input ONLY a TC 971 AC 501 upon closing.

    Note:

    Effective July 1, 2010 the use of Transaction Code (TC) 971 Action Code (AC) 501 was redefined and a new identity theft indicator TC 971 AC 522 was created. TC 971 AC 501 will be input when the account is adjusted and closed. See also IRM 10.5.3.2.3 10.5.3.2.3.1 and 10.5.3.2.2.5- Identity theft IRM for further instruction.

    Note:

    DO NOT confuse NO KNOWLEDGE OF INCOME with IDENTITY THEFT. Taxpayers must state they are a victim.

  2. The following documentation is required for a taxpayer to substantiate Identity Theft:

    • Authentication of Identity - A copy of a valid U.S. federal or state government issued form of identification ( Example: driver's license, state identification card, social security card, passport, etc.)

    • Evidence of Identity Theft - a copy of a police report or the IRS affidavit Form 14039. See also IRM 10.5.3

  3. IF/THEN chart when account has been identified as ID Theft

    If the taxpayer states they are a victim of identity theft, provides the required documentation, and removal of the income results in a tax balance that is ≡ ≡ or more Then
    And a 30 -day letter was issued,
    • Remove the identity theft income from ASFR and update the case major.

    • Choose menu #28 on the ASFR Entity screen to input a history on the module showing partial income was removed due to identity theft.

    • Update the module to ST031 to update the audit screen and issue a corrected letter.

    • Input TC971 with AC501 to CC ENMOD.

    • Notify taxpayer the case was corrected.

    • Retain identity theft verification to be associated with the ASFR default.

    And a 90 -day letter was issued,
    • Remove the identity theft income from ASFR and update the case major.

    • Choose menu #28 on the ASFR Entity screen to input a history on the module showing partial income was removed due to identity theft.

    • Update the module to ST031 to update the audit screen and issue a corrected letter.

    • Input TC971 with AC501 to CC ENMOD.

    • Notify taxpayer the case was corrected.

    • Retain identity theft verification to be associated with the ASFR default.

    And there is a default assessment posted on IDRS,
    • Input a TC291 adjustment to correct the default assessment (including appropriate reference amounts, withholding, and estimated penalty).

    • Input TC971 AC501 to CC ENMOD.

    • Associate taxpayer's Identity Theft verification with the adjustment.

    • Resolve any credits.

    • Notify taxpayer the issue is resolved.

    If the taxpayer states that they are a victim of identity theft , provides the required substantiation documentation, AND removal of the income results in a tax balance of less than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Then
    And a 30-Day Letter was issued,
    • On IDRS, input a TC 590 CC 88, TC 290 for $.00 and TC 887 for .01-. Associate the taxpayer's verification with the adjustment as a source document.

    • Resolve any credits. See IRM 5.19.2.6.8

    • On IDRS, input TC 971, action code 501, to the ENMOD using CC REQ77.

    • Update ASFR to Status 076.

    • Notify taxpayer that case is resolved

    And a 90-Day Letter was issued,
    • On IDRS, input a TC 590 CC 88, TC 290 for $.00 and TC 887 for .01- ,TC 495. Associate the taxpayer's verification with the adjustment as a source document.

    • On IDRS, input TC 971, action code 501, to the ENMOD using CC REQ77.

    • Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to Status 076.

    • Notify taxpayer that case is resolved.

    And there is a default assessment posted to IDRS,
    • Back out the ASFR assessment.

    • Associate the taxpayer's verification with the adjustment as a source document.

    • On IDRS, input TC 971, action code 501, to ENMOD using REQ77.

    • Resolve any credits. See IRM 5.19.2.6.8

    • Notify taxpayer that case is resolved.

    If the taxpayer does not respond or provide documentation, Then
    And a 30-Day Letter was issued,
    • Continue ASFR processing. Update ASFR to Status 030 if the follow-up date has not expired. If the follow-up date has expired update ASFR to Status 030 using the expired follow-up date. IRM 5.18.1.7.15.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    And a 90-Day Letter was issued,
    • Continue ASFR processing. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the case.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    And there is a default assessment posted to IDRS,
    • On IDRS, input a TC 290 for .00, and close your control. Input activity that taxpayer's response was insufficient.

    • Notify taxpayer that response was insufficient and that collection activity will resume.

  4. TC 971 AC 522 identifies an account as a substantiated Identity Theft case. The indicator is input on the IDRS entity screen ENMOD using the IDRS CC REQ77. Refer to IRM 10.5.3-3 for a description of the terms and acronyms used for TC 971 AC 501 identity theft indicator codes such as the BOD/Function, Program Name and Tax Administration Source. ASFR valid MISC fields are provided in the table below:

    Note:

    Review the account to ensure a TC971 AC522 is present on the account. If the TC971 AC522 is not on the account and the substantiation documentation has been received in ASFR, input TC971 AC522, ONLYif the account is not going to be closed. See 1 b & c above. If the account was received in ASFR via F14027 from IPSU the account should already have a TC971 AC522, if it does not, contact IPSU for them to research and IPSU should input the TC971 AC522.

    SBSE or W&I INCOME Input on a TPs account when Identity theft is identified and substantiated due to an ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    SBSE or W&I OTHER Input on TPs account to indicate identity theft that cannot be identified as related to any existing Tax Administration Source types.
    SBSE or W&I NOFR Input on a TPs account to indicate substantiated identity theft incidents where the victim does not have a filing requirement.

    • The SECONDARY-DT field is a required field. The tax year substantiated as Identity Theft should be input using the format MMDDYYYY

  5. When deleting wages, correct the taxpayer's records by preparing Form 9409, IRS/SSA Wage Worksheet. Mail Form 9409 to the Social Security Administration (SSA) at the following address:

    Social Security Administration

    Division of Business Services

    300 N. Greene Street

    4-D-15, 4th Floor, North Building

    Baltimore, MD 21290

    Note:

    Document the history sheet or AMS as appropriate to show that Form 9409 was mailed to SSA.

  6. Effective October 1,2008 Accounts Management established an Identity Theft referral/monitoring process for cases with tax administrative issues. This process will track the disposition of cases where the taxpayer with Identity Theft issues has contacted the Service on the ID Theft Hotline. See Who/Where under SERP for the coordinator in ASFR. If the ASFR ID Theft Coordinator receives a case which cannot be resolved by use of IRM 10.5.3, elevate the case through normal chain of command. (Manager, Dept. Manager, P&A Analyst, HQs Analyst) See Identity Theft IRM 10.5.3 for detailed procedures on case processing.

  7. Cases meeting TAS criteria 5-7 and involve ID Theft
    Identity Theft cases meeting TAS criteria 5-7 will now be referred to the AM IPSU Team.

    1. As part of the Identity Theft Program, the AM IPSU Team will begin assisting taxpayers whose situations meet TAS criteria 5 -7 AND involve identity theft. Applicable cases will now be considered IPSU criteria. Interim Guidance Memorandum (IGM) Control No.: TAS-13.1.7-0309-003 for TAS authority on what is eligible and what is not eligible for referral to IPSU.
      IRM 13.1.7.2 TAS Case Criteria regarding TAS Criteria. See IGM for the 8 exceptions to IPSU processing.

    2. If a case meets IPSU criteria, refer the case to AM IPSU using Form 4442, Referral. Forward the referral via secure e-mail to ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ when available, or by fax to the ID Theft fax line ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ by COB the day the criteria was identified. The referral MUST contain all taxpayer’s correspondence with any attachments/documentation received with the case.

    3. An 86C letter or other applicable letter to the taxpayer is required.


    Processing Form 14103, Identity Theft Assistance Request (ITAR) received from IPSU
    ASFR may receive Form 14103 Identity Theft Assistance Request (ITAR) from IPSU, follow these procedures:

    1. Acknowledge receipt of IPSU referred identity theft cases using Form 14103 within 5 business days, via secured email or fax number provided by the AM IPSU employee on the Form 14103, Section II, Box 3.

    2. Process identity theft cases referred using Form 14103 as priority (similar to a TAS OAR).

    3. Review Section IV, Specific Assistance Requested, and determine whether the recommended action is appropriate and the requested completion date is reasonable.

    4. Contact the IPSU employee shown in Section II if there are questions regarding the recommended action or if additional time is required. The Tax Examiner and IPSU employee should reach an agreement on the substantive case issues, recommended actions, follow-up and completion dates.

  8. Global Review requests from Identity Protection Specialized Unit (IPSU)

    1. IPSU will fax F14027 to the ASFR functional liaison. The functional liaison will assign to an employee within 2 business days and the employee will acknowledge receipt within 2 business days. Every 60 days, IPSU should be contacting the functional liaison for follow-up. Refer to 10.5.3 ID Theft IRM for additional instruction for conducting Global Review.

    2. When the case is resolved, complete F14027 through section VIII and return to IPSU through the ASFR liaison.

  9. If it is determined that an ASFR assessment was processed on an ID Theft case, and if when reversed the tax liability is zero:

    • Prepare Form 13794 "Request for Release, Partial Release, or Withdrawal of Notice of Federal Tax Lien." In the Request for Full Release section of F13794 check box 9 indicating Erroneous Lien.

    • Fax F13794 to the Collection Advisory for the state where the lien was filed.

    1. Collection Advisory contacts can be found under the Who/Where tab on the SERP Home Page as "Advisory Units Contact List"

    2. Include with the Form an explanation regarding the abatement situation.

    Note:

    Since ASFR does not have access to the Automated Lien System (ALS), include a note asking Advisory to complete the SLID and Tsign.

5.18.1.10.2.3.13.6  (01-28-2010)
Request to Rescind Statutory Notice of Deficiency

  1. A request to rescind a 90-Day Letter pursuant to IRC 6212(d) may be made by taxpayer or Technical Support Function on behalf of taxpayer. Request must:

    • Be made before the 90-day or 150-day period expires

    • Cover same period as notice

    • Reflect same deficiency and penalties as notice of deficiency

    • Be made to issuer of notice of deficiency

    If Then
    Service agrees that notice should be rescinded
    1. Form 8626 "Agreement to Rescind Notice of Deficiency" sent to the taxpayer requesting taxpayer's written consent to rescission.

    2. Signed Form 8626 (and Form 872, if appropriate) must be returned to originator prior to expiration of 90-day or 150-day restriction.

    3. After Form 8626 returned by the taxpayer and signed on behalf of the Commissioner, a copy will be furnished to the taxpayer, or his representative by mail.

    4. Effective date of rescission agreement is date Commissioner's delegate signs the Form 8626.

    Note:

    Revenue procedure 98-54, Section 5.08 requires taxpayers be provided written notification when the IRS denies their request for rescission of a Statutory Notice of Deficiency.

  2. The decision to rescind must always ensure protection of the Service's legal ability to assess tax. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. A statutory notice of deficiency may only be rescinded by issuer of notice. Therefore, the party with delegated authority to issue and sign the statutory notice of deficiency, must sign Form 8626 on behalf of the Commissioner.

  4. Statutory notices of deficiency do not have to be rescinded when the taxpayer files an acceptable return during 90-day period.

5.18.1.10.2.3.13.7  (05-19-2009)
Taxpayer Doesn't Understand Notices

  1. When response indicates taxpayer does not understand letter or notice, or is requesting more information on proposed liability, if the taxpayer cannot be contacted by telephone, correspond to answer any questions. Retain a copy of any handwritten correspondence in case file. All Quick Notes and correspondex letters with open paragraphs must be reviewed by unit manager before mailing.

    Advise the taxpayer to file a return. If Then
    A 30-Day Letter was issued,
    • Continue ASFR processing. Update ASFR to Status 030 if the follow-up date has not expired. If the follow-up date has expired update ASFR to Status 030 using the expired follow-up date.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    A 90-Day Letter was issued,
    • Continue ASFR processing. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the case.

    • Per local procedures, close or update IDRS control. Input activity that ASFR processing will continue.

    • Notify Taxpayer that ASFR processing will continue.

    There is a default assessment posted to IDRS,
    • On IDRS, input a TC 290 for .00, and close your control. Input activity that taxpayer's response was insufficient.

    • Notify taxpayer that response was insufficient and that collection activity will resume.

5.18.1.10.2.3.13.8  (07-15-2011)
Taxpayer Agreed Response (30 or 90 Day)

  1. When the taxpayer submits a signed waiver of collection and assessment, the response is considered an "Agreed." An agreed response indicates that taxpayer agrees to proposed assessment on either the 30-Day Letter or the statutory notice of deficiency. (This includes agreement to the tax and all penalties.) A taxpayer may contest interest under limited circumstances. (See IRC 6404(e).)

    If Then
    Taxpayer claims we have incorrectly calculated interest, Taxpayer must pay interest and file Form 843. See IRM 20.2.7
    Taxpayer claims interest is overstated due to an error or delay by Service in performing a ministerial or managerial act Taxpayer must file a Form 843. (Prepayment not required.)

  2. To be considered an agreed response taxpayer must:

    • Have a signature on an unaltered waiver or consent

    • Contain signature of a third party if there is a POA filed authorizing POA to sign. Check CFINK for the authorization, which should be an S "Modified to allow third party to sign for taxpayer."

    If Verified Then
    And a 30-Day Letter was issued,
    • On IDRS, input adjustment on IDRS based on the proposed assessment. Input a TC 599 CC13, Resolve any credits. See IRM 5.19.2.6.8

    • Update ASFR to 10X.

    And a 90-Day Letter was issued,
    • On IDRS, input adjustment based on proposed assessment. Input a TC 599 CC 13, and a TC 495. Resolve any credits.

    • Updated ASFR to 10X.

    And there is a default assessment posted to IDRS,
    • Input a TC 290 for .00.

    • Input a TC 599 CC 13

    • Contact taxpayer and advise taxpayer that assessment was already made. Advise taxpayer that collection enforcement will begin if payment is not received.

  3. ASFR has added a section for the taxpayer to change his/her filing status, add spouse name and SSN and claim up to four dependents.

    If Then
    The taxpayer completes this section and files married, filing joint with 1–4 dependents,
    1. Verify income sources for the spouse. If income for spouse is found, and above tolerance then, a tax return must be filed.

    2. Verify spousal SSN

    3. Verify dependents' SSN(s)

    4. Both signatures are required.

    .
    The taxpayer files as Head of Household, Verify qualifying dependent

    If all above is  
    not verified, or If spousal income is found,
    1. Notify the taxpayer that the signed consent cannot be accepted, and that they must file a return or ASFR processing will continue.

    2. Refile per IRM 5.18.1.10.2.3.3.1.

    is verified,
    1. Recalculate the assessment based on income, change in filing status and dependents.

    2. Use the correct year withholding tables.

  4. On an agreed response the Rate Reduction Credit should be applied if the taxpayer is eligible. All other credits; EIC, Child Tax Credit, Dependent Care Credit must be claimed on F1040 return.

5.18.1.10.2.3.13.9  (05-19-2009)
Income Information

  1. Do the following

    If the taxpayer requests IRP information and, Send the IRP information
    If a 30-Day Letter was issued,
    1. Update ASFR to Status 030. If the follow-up date has expired on the 30-day letter update ASFR to Status 030 using the expired follow-up date. IRM 5.18.1.7.15.

    2. Close IDRS control. Input activity that ASFR processing will continue.

    3. Notify Taxpayer that ASFR processing will continue.

    If a 90-Day Letter was issued,
    1. Update on ASFR is not necessary unless the module is in a failed condition status or any other status that suspends the case.

    2. Close IDRS control. Input activity that ASFR processing will continue.

    3. Notify Taxpayer that ASFR processing will continue.

    And there is a default assessment posted to IDRS,
    1. On IDRS, input a TC 290 for .00, and close your control. Input activity that taxpayer's response was insufficient.

    2. Notify taxpayer that response was insufficient and that collection activity will resume.

5.18.1.10.2.3.13.10  (07-15-2011)
Frivolous Filers

  1. Original returns and correspondence indicating Frivolous Filer should be sent to the Campus Frivolous Filer Coordinator. The Frivolous Filer Coordinator in turn will forward the return/correspondence to the Ogden Frivolous Filer Team if it meets Frivolous Filer criteria. Normal processing should continue. Photocopies of returns or correspondence should be associated with the case file.

    Note:

    ASFR will not receive a response back from either the FF Coordinator or Ogden FF Team if the case is accepted.

  2. If the case should be returned from either the FF Campus Coordinator or the Ogden FF Team as not accepted the return or correspondence will be returned to the TE that worked the case. Associate the return/correspondence.

  3. The following types of responses should be forwarded to the Campus FF Coordinator:

    • Wages/Receipts Net Income— The individual argues that salaries and wages are not "income" within the meaning of the Sixteenth Amendment, which grants Congress the power to "lay and collect taxes on income, from whatever source derived. . ." The individual could also argue that the labor worth a certain amount is exchanged for money worth the same amount and therefore there is no income to tax.

    • Eisner v. McComber — The individual reports wages but deducts them as non-taxable "compensation/remuneration" referencing Eisner v. McComber. The individual may alter line items showing non-taxable compensation or nontaxable receipts to back out some or all of their income, generally resulting in a zero tax liability.

    • "Zero" Returns— The individual submits a return with zero money amounts. A statement is attached claiming there is no section of the Internal Revenue Code that establishes an income tax liability. The statement may also contain arguments regarding the definition of income.

    • U.S. v. Long — The individual submits a return with zero money amounts much the same as the "Zero" Return category. To explain the zeros inserted on the form, the individual refers to U.S. v. Long.

    • Not a citation/Free Citation/Not a resident of Federal Zone— The individual argues they are not a citizen of the United States and receives no income or benefits from sources within the United States. May file a Form 1040 NR to receive a refund of withheld income tax or claim citizenship of a "State Republic." Alternatively, the individual may claim that he or she does not live in a federal district or zone (District of Columbia, Guam, Puerto Rico, the Virgin Islands, the Northern Marianna Islands, and certain other "possessions, enclaves, and trust territories." )

    • Reparation Tax— The individual submits a return, an amended return, or correspondence referring to a reparation settlement based on the impact of slavery; or may refer to black taxes, reparations for African-Americans, or 40 acres and a mule.

    • Form 2555 Deduction— The individual submits a return showing income, then deducts that same amount ( or a large portion of that amount) by adding "Form 2555" to line 21. Form 2555, Foreign Earned Income, is usually attached showing the individual's foreign address in the United States. The individual also shows his income on Form 2555 as "foreign earned income" even though the employer's address is also in the United States. Correspondence may be attached arguing the term "income" and stating that each of the several states are foreign countries.

    • Not a "Person" or "Individual " — The individual argues he/she is not a "person" or "individual" within the meaning of Internal Revenue Code and are therefore not subject to income taxes.

    • Sixteenth Amendment Argument— The individual argues the Sixteenth Amendment was not properly ratified and therefore the federal government does not have the legal authority to collect an income tax without apportionment. Generally, the argument focuses on matters such as inconsistencies in versions ratified by the various states.

    • Fifth Amendment— The individual makes an improper blanket assertion of the Fifth Amendment right against self-incrimination as a basis for not providing any financial information.

    • Altered Jurat/UCC 1–207— The individual submits a return that contains income and deductions but the jurat has been altered or stricken. May include reference to UCC 1–207 or a statement that the return was not signed under penalties of perjury. The alternation may be located elsewhere on the return and arrowed into the jurat.

    • Unsigned returns— The individual completes a return altering any or all line items with the intent of facilitating non-compliance with the tax laws.

    • Wages Deducted in Cost of Goods Sold— The individual submits a return with a Schedule C attached claiming a deduction which is equal, or nearly equal, to the amount reported as wage income. The deduction is usually included in the cost of goods sold but could appear under a different deduction category.

    • Valuation— The individual argues that income is not taxable because of the declining fair market value of the dollar, because the dollar is not backed by gold/silver, because the value of services is offset by the value of the labor (barter income), etc.

    • In Lieu Of— The individual submits a document captioned "Statement in lieu of U.S. Income Tax Form 1040." Various other arguments may be used in the document.

    • Disclaimer— The taxpayer submits documentation, which contains a disclaimer. The disclaimer states the taxpayer "disclaims the liability for the tax due," making the liability on the return zero. This disclaimer may be a part of a return, on a return attachment, or in other documents.

    • Protest Against Government Action/Inaction— The individual argues that their refusal to file or pay is justified because they disagree with government policies or spending plans. The individual may claim deductions or credits because of an objection to having his/her taxes used to support various government activities.

    • Taxes Are Voluntary/Law Does Not Require— The individual submits a return, amended return, or correspondence that argues income taxes are voluntary.

    • Challenges to Authority/Title 26 or "Law" in Other Documents— The individual may argue that Title 26 of the United States Code is not law because it was never enacted as named. As a separate position, the individual may argue that other laws or documents prevent the IRS from assessing and collecting tax. This argument may reference the Bible, Bill of Rights, Declaration of Independence, Magna Carta, Northwest Ordinance, Declaration of Resolves, Federalist Papers, Mayflower Compact, Articles of Confederation of 1788, Declaration of Rights and 1765 and 1774, and possibly others.

    • IRS is a Private Organization/Collects Tribute, Not Taxes — The individual argues that the IRS is an entity named the Internal Revenue and Tax Service, Inc., which was incorporated in Delaware in 1933. The individual further argues that since the IRS deposits its revenues in the Federal Reserve Bank, it is a collection agency for the bank, which is in the business of making loans and conducting proprietary business, thereby removing the cloak of governmental immunity. Additionally, they argue the Department of Treasury is a part of the United Nations and is clandestinely leading the tax-paying public into a "new world order."

    • Alleged Churches/First Amendment— The individual receives income from non-religious sources, and may claim a vow of poverty. The individual submits a return where all, or substantially all, of the gross income is claimed as a contribution deduction on Schedule A of the return.

    • Amended Returns/Form 843 Claim— The individual files an amended return or a Form 843 to obtain a total refund on all taxes paid in prior years, based on a tax avoidance argument not supported by law.

    • Untaxed— The individual argues that he/she should be "untaxed" and attempts to drop out of the Social Security system. He/she will withdraw or rescind his/her SSN, claiming he or she is a sovereign citizen.

    • Federal Reserve Notes Are Not Legal Tender— The individual argues that their wages are not taxable because they were paid in federal reserve notes. He or she argues that notes are not valid currency or legal tender and thus, those who possess them cannot be subject to tax on them.

    • Service Not Taxable/Thirteenth Amendment/Form of Servitude — The individual argues that income results only from the sale of goods, and therefore the value of services is not taxable. This includes indentured servitude arguments and barter offsets. The individual may also argue that the Thirteenth Amendment outlawed slavery. He or she may claim to be "natural unfranchised and freemen" who are residents of states, and therefore nonresident aliens for the purposes of the Internal Revenue Code.

    • Obscene, Vulgar, Harassing— The individual submits documents or other materials indicating that non-filing is due to dissatisfaction with tax policies or taxation in general. Often, this argument is expressed with obscene, vulgar, or crude language and characters in an extremely demeaning manner. This includes individuals who, through repetitive correspondence, indicate a refusal to comply with their tax obligations.

5.18.1.10.2.3.13.11  (12-30-2011)
Requests for Penalty Abatement

  1. Taxpayers may submit requests for waiver or abatement of penalties. Requests may be made orally, if the request for abatement is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 20.1.1 for complete instructions on penalty abatement.

  2. If the taxpayer requests penalty abatement based on reasonable cause, but a determination on reasonable cause cannot be made because the taxpayer did not supply sufficient information, do not deny the abatement. Correspond with the taxpayer using the appropriate correspondex letter (ie: 1382C) and request that they resubmit the request with the missing information.

  3. You may use the Reasonable Cause Assistant (RCA) in AMS tools to help you determine when Reasonable Cause has been met.

    Note:

    Taxes do not have to be paid before penalties can be abated. However, if the FTP has not maxed, and the tax is unpaid, the penalty will continue to accrue, even if the FTP posted to IDRS was abated due to reasonable cause. See IRM 20.1.2.1.4.1 for complete information on abating the FTP when not maxed.

5.18.1.10.2.3.13.12  (03-04-2011)
Recovery Rebate Credit

  1. The Recovery Rebate Credit (RRC) was part of the Economic Stimulus Act of 2008 eligible individuals were sent an Economic Stimulus Payment (ESP) giving them an advance payment of the 2008 Recovery Rebate Credit (RRC). The RRC is calculated in the same manner as the ESP except that the amounts are based on the Tax Year 2008 instead of Tax Year 2007. IRM Reference 21.6.3.4.2.12 Recovery Rebate Credit provides all necessary information required for researching, calculating and the input of the Recovery Rebate Credit. The RRC will need to be calculated on all 2008 Form 1040’s providing the taxpayer meets the qualifications per IRM Reference 21.6.3.4.2.12.3 RRC Qualifications

  2. The Credit Reference Numbers (CRNs) to be used on adjustments are as follows:
    CRN 338 – RRC computed based on tax liability.
    CRN 256 – RRC computed based on qualifying income.
    CRN 257 – RRC computed based on number of qualifying children.
    Refer to IRM Reference 21.6.3.6.3 Economic Stimulus Payment (ESP) Computation for a full explanation of the CRN’s, computation methods, and CRN determination.

    Note:

    Input REQ54 with the CRN for the Recovery Rebate Credit in the first reference code field of the reference codes section of the REQ54. Reason Code 096 is required, but can be in any of the first three RC positions.

  3. The RRC is claimed on Line 70 of the 2008 Form 1040, Line 42 on the 2008 Form 1040A, and Line 9 on the 2008 Form 1040EZ. To verify the amount of the credit claimed by the taxpayer you will need to review the taxpayer’s 2007 account to see if they received an advance credit. The credit will be posted on their 2007 account with the same CRN’s as shown above. Once you know the amount of the advance credit you can use the RRC Calculator on the IRS Website to compute the credit.

5.18.1.10.2.3.13.13  (05-20-2011)
Making Work Pay and Government Retiree Credits

  1. The American Recovery and Reinvestment Act of 2009 provided a new refundable credit for working families and certain government retirees.

    1. Taxpayers complete Schedule M to claim the Making Work Pay Credit/and or Government Retiree Credit. If the taxpayer does not file Schedule M then the credit should not be given.

      Note:

      Taxpayer filing Form1040EZ complete the worksheet on the back of Form 1040EZ to determine the amount of allowable Making Work Pay Credit.

  2. The Making Work Pay (MWP) Credit allows eligible taxpayers to claim up to $400 ($800 for filing status 2).

    Note:

    Receipt of the one-time Economic Recovery Payment and/or Government Retiree Credit reduces the allowable Making Work Pay Credit.

  3. The Government Retiree Credit allows eligible taxpayers to claim up to $250 ($500 for FS2)

  4. The MWP credit is based on earned income. If the earned income per return is less than $6,451 ($12,903 for Filing Status 2) and there is additional U/R earned income, the taxpayer may be entitled to additional MWP.

  5. The MWP credit begins to decrease (phase out) when the adjusted gross income (AGI) is:

    1. Between $75,000 and $95,000 for filing status 1, 3 and 4.

    2. Between $150,000 and $190,000 for filing status 2.

      Note:

      If the AGI exceeds $95,000 ($190,000 for filing status 2) the MWP is reduced to zero

  6. Taxpayers who are non-resident aliens or can be claimed as a dependant on someone else's tax return do not qualify for the Making Work Pay Credit.

  7. IRM 4.19.3.15.7 for additional information in regard to this credit.

5.18.1.10.2.3.13.14  (12-30-2011)
Education Credit

  1. Taxpayer may claim an education credit for qualified tuition and related expenses paid to an eligible educational institution, including accredited colleges, universities, and vocational schools. Form 8863, Education Credits (American Opportunity, Hope and Lifetime Learning Credits) is used to claim this credit.

  2. A taxpayer can elect, for any year, only one of the credits for each student (American Opportunity, Hope and Lifetime Learning Credits).

  3. Taxpayers CANNOT claim Education Credits when:

    • They are claimed as a dependent on someone else's tax return.

    • The Filing Status is Married Filing Separately (FS 3 or FS 6).

    • A deduction for Tuition and Fees is claimed on Form 1040, line 34 for the same student.

    • They are a non-resident alien.

  4. IRM 4.19.3.13.5 and IRM 21.6.3.4.1.5 for additional instructions in regard to claiming and adjusting the non-refundable credit.

  5. IRM 21.6.3.4.2.14 for additional instructions in regard to adjusting the refundable portion of the credit.

5.18.1.10.2.3.14  (07-17-2009)
Returns

  1. There are two types of returns processed in ASFR:

    • ASFR Returns -Returns filed before default assessment

    • ASFR Reconsideration returns- Returns filed after an ASFR default assessment

  2. All ASFR returns and ASFR Reconsiderations must be manually screened and manually input as TC 29Xs to IDRS. Additionally, ASFR returns must be manually updated to ASFR. Input TC 599 with closing code 89 when processing all ASFR returns to close taxpayer delinquencies and set the ASED. Input TC 599 with closing code 89 on ASFR Reconsideration returns to set the ASED. All returns must be processed within 45 days of the operation received date.

    Note:

    Age criteria for receipt of return is calculated from the IRS received date.

5.18.1.10.2.3.15  (08-11-2009)
Statute of Limitation

  1. All returns must be reviewed to ensure protection of all statutes of limitation. See IRM 25.6 for specific instructions on statute protection. See IRM 25.6.1.6.15 to determine the return received date, and 25.6.1.6.15 to determine the date the return is considered filed under the IRC.

    Note:

    Per IRM 3.11.154.3.6 - No review for statute clearance is necessary for original returns secured by Compliance employees. Do not route to the Statute Control Unit any original return secured or any returns prepared under the authority of IRC 6020(b). Forward returns to files after input of adjustment.

5.18.1.10.2.3.15.1  (12-10-2009)
Refund Statute Expiration Date (RSED)

  1. The RSED is generally three years from the Return Due Date (RDD) for prepaid credits if a return was filed, or two years from the payment due date for other payments whichever is later. See IRM 25.6.1 for further explanations.

  2. ASFR Returns and Reconsiderations are original returns. Generally, prepaid credits must be claimed within 3 years of the due date of the return with regard to extension. Therefore, if an ASFR return or Reconsideration is received more than three years from the due date with regard to extensions, a refund of prepaid credits should not be made. There are conditions that extend the RSED, see IRM 25.6.1.

  3. Generally, the amount to be credited or refunded is limited to the tax paid during the three years immediately preceding the filing of a claim, plus the period of any extension of time to file. Therefore, even if prepaid credits are barred, available credits paid within three years of the received date of ASFR returns and ASFR Reconsiderations, are not barred.

  4. Do not allow any overpayment of prepaid credits or subsequent payments to refund or offset if the RSED has expired.

    Note:

    Do not solely rely on the RSED posted to TXMODA to determine if credits should be offset or refunded.

    Follow disallowance procedures in IRM 25.6.1.

  5. When barring a refund, take the following actions:

    • Use Hold Code 4 on the ADJ 54 on IDRS- Hold Code 4 will hold the credit on the module and suppress the Notice of Adjustment.

    • Send 105C letter with Appeal Rights- The 105C explains that the refund cannot be released.

    • Prepare Form 8758, Excess Collection File Addition- Form 8758 is used to transfer the barred credit from the module to Excess Collections.

    • Input TC 971 AC 296 on IDRS using CC REQ77 to indicate the transfer of the expired credit to XSF. See IRM 25.6.1.7.3.1 for additional instructions on transferring credits to XSF.

5.18.1.10.2.3.15.2  (09-20-2011)
Assessment Statute Expiration Date (ASED)

  1. The general rule is that an assessment of tax must be made within three years from the date a return is filed or the due date of the return whichever is later. Generally, this means that tax must be posted or journalized to Master File within 3 years from the received date of the return. Additionally, the Service has three years to assess additional tax due. See IRM 25.6.1 for exceptions to assessing additional tax within three years from the received date or due date of a return whichever is later. See IRM 25.6.1 for a more thorough explanation of the ASED, and the conditions that extend the ASED.

  2. ASFR default assessments and the ASFR dummy TC 150 do not start the running of the ASED. Therefore, the ASED must be set when processing ASFR returns and ASFR Reconsiderations.

  3. Additional review is necessary when a joint return is filed, and at least one spouse previously filed a return. IRM See IRM 25.6.1.9.4.4 for limitations to processing separate to joint returns and if it meets the criteria, resolve ASFR issues and route to adjustments.

  4. ASFR Reconsiderations that are tax increases and ASFR Returns must be posted to Master File within three years of the received date.

  5. If a return is received with an imminent ASED, see IRM 25.6.5.10.2. Imminent ASEDs are when the ASED is within 90 calendar days.

  6. When processing ASFR returns and reconsiderations, determine the ASED. If the ASED is not posted on IDRS or the ASED is not correct on IDRS, input the ASED on IDRS. Generally, the ASED is set three years from the received date of the return. See IRM 25.6.1 to determine the date the return is considered filed under IRC when the return received is not valid.

    Note:

    Per IRM 3.11.154.3.4 - No review for statute clearance is necessary for original returns secured by Compliance employees. Do not route to the Statute Control Unit any original return secured or any returns prepared under the authority of IRC 6020(b). Forward returns to files after input of adjustment.

  7. To set the ASED input a TC 599 CC 89 using CC FRM49 with the received date of the return.

  8. To correct an ASED posted to IDRS, input a TC 560 using CC REQ77. The required fields for input are:

    • TC 560

    • The ASED (the correct received date plus 3 years)

    Note:

    When TC 976 is posted, the ASED is systemically set on IDRS. It is not necessary to input TC 560 in these cases unless the generated ASED is incorrect on IDRS.

5.18.1.10.2.3.15.3  (10-01-2005)
Collection Statute Expiration Date (CSED)

  1. The CSED is a time period established by law to collect taxes. The CSED is normally ten years from the date of assessment.

  2. All ASFR assessments, including default assessments, start the CSED.

    Note:

    Do not extend or re-compute the CSED on ASFR Reconsiderations.

  3. ASFR Reconsiderations should be processed even if the CSED which is based on the default has expired.

5.18.1.10.2.3.16  (07-21-2010)
Penalties

  1. The Failure to File, FTF, and Failure to Pay, FTP, penalties are assessed on all balance due ASFR returns and Reconsiderations, unless the penalties are waived or abated due to establishment of Reasonable Cause, First Time Abate, Statutory Exceptions, Administrative Waivers or Correction of Service Error. See IRM 20.1.1 for complete instructions on Penalty Relief. See IRM 20.1.2 for complete explanations of the FTF and the FTP.

  2. The Estimated Tax Penalty is assessed where there is an underpayment of prepaid credits or required installment(s) of estimated income tax liabilities. See IRM 20.1.3 for complete explanations of the Estimated Tax Penalty.

  3. Manual computation of the FTF and FTP is not required on ASFR returns or Reconsiderations. See exceptions below for manual computation.

    • Module contains a -C freeze (due to suppression timeframes it is necessary to manually compute).

    • Module is restricted (input TC 162 for .00 or TC 272 for .00).

    • Default assessment did not include a Priority Code 2

    Note:

    Restricted modules are modules where the FTF and/or FTP have been manually assessed, or restricted by a -C or G- freeze. Default assessments on modules where the return due date with regard to extensions was prior to July 30, 1996 did not include the FTP, and were not assessed with a Priority Code 2.

  4. For ASFR returns:

    If Then
    The module does not contain a -C freeze, Use a Priority Code 2 on ADJ54. Do not manually calculate the FTF or the FTP penalties. The Priority Code 2 will direct IDRS to systemically calculate the penalties.
    The module contains a -C freeze, The FTF and the FTP penalties must be manually calculated. See IRM 25.6.16.

  5. For ASFR Reconsiderations:

    If Then
    The module is restricted Manually calculate the FTF and the FTP penalties.
    The module is not restricted, See the Priority 2, IF/THEN table below.


    PC2

    If Then
    The reconsideration is showing a tax decrease (TC 291) and the priority code 2 was input on the default assessment No manual calculation of Failure to File (FTF) and Failure to Pay (FTP) penalties is needed, unless there is a restriction, then input the TC 162 and TC 272. IDRS will systemically recalculate the penalties based upon the input of the PC2 on the ASFR default.
    The reconsideration is showing a tax decrease (TC 291) and the priority code 2 was not input on the default assessment. Manually compute the failure to file (FTF) and failure to pay (FTP)penalties.
    The reconsideration is a balance due Form 1040 showing a tax increase (TC290) and the PC2 was input. No manual calculation of the FTF and FTP is needed if not restricted. If restricted, input the TC162 or TC272 to remove the restriction.
    The reconsideration is a balance due Form 1040 showing a tax increase without PC2. Manually compute the FTF and FTP penalties if restricted.

  6. The Estimated Tax penalty is always manually verified or calculated on ASFR returns and Reconsiderations. The Estimated Tax penalty must be input with the assessment. IDRS will not calculate the Estimated Tax penalty on ASFR returns or Reconsiderations.

5.18.1.10.2.3.16.1  (07-21-2010)
Failure to File

  1. The Failure to File penalty applies on the amount due from the return due date (or extended due date) until paid or until the 25% maximum penalty is applied. The FTF penalty rate is 5% a month. When the FTF penalty under IRC section 6651(a)(1) and the FTP penalty for failure to pay tax shown on the return under IRC section 6651(a)(2)) both apply for the same months, the FTF penalty under IRC section 6651(a)(1) is reduced by the amount of the FTP penalty under IRC section 6651(a)(2). IRM 20.1.2.2.

  2. When systemically assessed, the Failure to File posts as a TC 166. When manually assessed, the Failure to File posts as a TC 160.

    Note:

    Whenever there is a TC 160 posted to a module, the Failure to File should be addressed with a TC 162 $.00 allowing the computer to systemically recalculate the TC 160 to remove the restriction. Failure to address the Failure to File when a TC 160 has posted will cause the adjustment to unpost.

  3. IDRS will systemically calculate the FTF when the assessment is input with a priority Code 2.

  4. To manually calculate the FTF on ASFR returns when the FTF and FTP apply to the same months, multiply the tax due per return by 22.5%. The tax due per return is the tax minus all pre-paid credits and payments received on or before April 15th in the year the return was due.

    Note:

    Never manually input the FTF unless necessary. Manual input of the FTF will restrict the module, and cause manual review until the module is paid in full, including all interest accruals.

5.18.1.10.2.3.16.2  (07-21-2010)
Failure to Pay

  1. The Failure to Pay penalty is assessed for failure to pay amounts shown on the return, applies on the amount due from the return due date to the date paid at one-half of one percent (.005), not to exceed 25%. The FTP penalty on an ASFR increases from one-half of one percent (.005) to 1% after notice of intent to levy (CP 504) is issued. TC 971 with AC 69 or 35 also indicates that the 1% rate has been triggered. If the taxpayer files his own return (the due date for which, without regard to extensions, is after July 30, 1996) after the 1% FTP penalty rate has taken effect on the SFR assessment, the FTP penalty under IRC section 6651(a)(2) is recalculated on the amount showing due on the taxpayer's return by using the .5% rate for the same period the .5% rate was in effect on the SFR and the 1% rate for the same period the 1% rate was in effect on the SFR, not to exceed 25% in the aggregate. See IRM 20.1.2.

  2. When systemically assessed, the Failure to Pay posts as a TC 276. When manually assessed, the Failure to Pay posts as a TC 270.

    Note:

    Whenever there is a TC 270 posted to a module, the Failure to Pay should be addressed with a TC 272 $.00 allowing the computer to systemically recalculate the TC 270 to remove the restriction. Failure to address the Failure to Pay when a TC 270 has posted will cause the adjustment to unpost.

  3. IDRS will systemically calculate the FTP when the an ASFR return assessment is input with a Priority Code 2.

    Note:

    Use of Priority Code 2 is not necessary for an ASFR Reconsideration assessment if it was previously used on the default assessment and there is no subsequent TC 270.

  4. To manually calculate the FTP on ASFR returns and, Reconsideration determine the amount due for each month tax remains unpaid from the due date of the return. See IRM 20.1.2 for further explanations. On IDRS, use CC COMPAF to calculate the FTP. Input the trigger date for assertion of the FTP to 1% on the COMPAF screen when applicable. When inputting an assessment via ADJ54, input the FTP as a TC 270.

    Note:

    Never manually input the FTP unless necessary. Manual input of the FTP will restrict the module, and cause manual review until the module is paid in full, including all interest accruals.

5.18.1.10.2.3.16.3  (07-15-2011)
Estimated Tax Penalty

  1. The Estimated Tax (ES) Penalty must be manually calculated/verified if the taxpayer files a Form 2210 to ensure the taxpayer's calculations are correct. If the taxpayer does not file a Form 2210, the penalty must be manually calculated. See IRM 20.1.3 for complete instructions on calculating the ES penalty.

  2. Determine the amount underpaid for each quarter. On IDRS, use COMPAE to calculate the ES penalty. Input TC 170 to assess any estimated tax (ES) penalty. See IRM 20.1.3.2.1 for assertion of the ES penalty tolerances.

  3. When processing Reconsiderations:

    If Then
    a TC 170 was posted with a default assessment,
    1. Manually adjust the penalty based on correct tax amount. Increase the penalty by inputting a TC 170. Decrease or eliminate penalty by inputting TC 171. See IRM 20.1.3.3.2.1 for further explanations.

5.18.1.10.2.3.16.4  (05-19-2009)
Negligence Penalty

  1. The Negligence Penalty for Non-filers was repealed in 1990. It still applies to returns with due dates between July 18,1984 and December 31, 1989. If some of the tax is abated, then only the penalty that applies to the tax should be abated (NOT ALL). See IRM 20.2.5.3.

5.18.1.10.2.3.17  (05-19-2009)
Underpayment Interest

  1. See IRM 20.2 for how interest is computed, and the start dates for interest assertion.

  2. Computer generated interest posts as a TC 196/197 on IDRS.

  3. Manually compute interest on modules where interest has been restricted. In processing ASFR returns and reconsiderations, restricted modules would have a —I freeze. See IRM 20.2.7 for instructions on manually calculating interest. See IRM 20.2.7 for determined the interest to date on modules with -C freezes. Manually calculated interest is input using TC 340/341 on ADJ54. Whenever interest is manually calculated, a source document with COMPA prints delineating how the interest was calculated, is required. IRM 5.18.1.10.2.3.48.8

    Note:

    Do not input a TC 342 for .00 to unrestrict interest, unless the restriction was input in error.

  4. Generally, interest is not abated. See IRM 20.2 for complete explanations and procedures on interest abatement.

5.18.1.10.2.3.18  (10-01-2005)
SBSE Fraud Referrals

  1. The primary objective of the National Fraud Program is to foster voluntary compliance through the recommendation of a criminal investigation and/or civil penalties against taxpayers who evade the payment of taxes known to be due and owing.

  2. The objective of the Campus Fraud Referral Program is to:

    1. Identify cases with potential fraud.

    2. Develop fraud guidance from the Campus Fraud Referral Specialist (FRS).

    3. Refer potential fraud cases to Field Exam and/or Collection for further development.

    Note:

    These procedures are for SBSE ASFR only.

5.18.1.10.2.3.18.1  (10-01-2005)
Identifying Fraud

  1. Fraud identification begins with the compliance employees and their ability to recognize the affirmative indications and acts of fraud by taxpayers. It is essential to detect and report any potential fraudulent activities.

  2. Generally, compliance must show tax due and underpayment of tax due to deliberate intent to evade tax or willful and material submission of false statement or false documents in connection with an application and/or return.

  3. Avoidance of tax is not a criminal offense. Taxpayers have the right to reduce or avoid their taxes by legitimate methods. It does not involve concealment or misrepresentation, but works within the legal parameters to shape events to reduce tax. Fraud may exist where a taxpayer willfully attempts to illegally underreport taxes, not pay taxes or both.

  4. When a potential fraud indicator is found, fraud development must be considered, even though further consideration may find that a referral may not be warranted or may not be accepted by the Fraud Coordinator. The Fraud Coordinators can assess the fraud development potential and determine an appropriate action plan.

  5. Below are examples of fraud indicators. The lists are not all-inclusive and are only indicative of the types of actions taxpayers may take to deceive or defraud. See IRM 25.1.11, Campus Collection Fraud Procedures for additional information

    INDICATORS OF FRAUD
    Expense/Deductions Related: Substantial excess of personal expenditures over available resources or deducted as business expenses.
    Example: No apparent explanation is available for how the taxpayer is living each month with a high negative income.
    Income Related:Bank deposits from unexplained sources substantially exceeding reported income or concealment of bank accounts, brokerage accounts, and other property.
    Example: The income reported by payers to the IRS and other revenue on the returns do not account for amount of bank deposits, or no bank account or investments reported, but the payers reported interest paid to the taxpayer to the IRS.
    Conduct of the Taxpayer: Patterns of consistent failure over several years to file or to report income fully exist, although substantial amounts of taxable income were received.
    Example: Payers reported substantial income to the IRS for the taxpayer; however, no returns were filed those tax years.
    Methods of Concealment:Assets placed in other’s names or close relationship between parties to the transfer.
    Example: No real property reported, but lenders report mortgage interest paid by the taxpayer to the IRS, or taxpayer maintains control of assets or income but claims not to be the owner.

  6. When processing ASFR TP responses, be alert for the following:

    Suspicious or unusual patterns on tax returns:
    • Identical names on different returns

    • Numerous or similar Post Office Box addresses

    • Suspicious looking or similar handwritten documents

    • Similarities on multiple returns, e.g., refund amount, withholding amount, credits, losses, dependents, etc.

    • Similarities on multiple returns, e.g., refund amount, withholding amount, credits, losses, dependents, etc.

    • Taxpayers or preparers who allegedly commit fraud often mail several returns in the same envelope

    False W-2s:
    • Excessive withholding in comparison to wages

    • Typewritten

    • Inconsistent typing format

    • "Applied For" annotated in lieu of EIN

    • EIN/Company name mismatch

    • Computerized W-2s in different format

    • Erasures or whiteouts

    • Substitute W-2

    • Sloppy typing

    • Upper and lower case typing

    • Missing information such as EIN, SSN, FICA, address, State EIN, etc.

    1040:
    • Questionable dependent information, e.g., relationship, dates of birth, dates of death

    • Occupation in relation to income

    • Refund amounts

    • Age and income inconsistencies

    • Excessive itemized deductions (50% or more) in comparison to AGI

    • Unusual deductions in relation to the taxpayer’s occupation

    • Multiple returns with similar deductions

    Schedule C:
    • Business income with little or no expenses

    • Unreported self-employment tax

    • No paid preparer

    • EITC claimed

    • Multiple returns with similar characteristics

    • Unrealistic occupation

    Amended Returns:
    • Used more often by both individuals and return preparers.

    • Analyze these forms using the same techniques recommended for W-2s, W-2Gs, 1099s and 1040 returns.

    Unscrupulous Return/Preparer Patterns
    • Same/similar deductions, credits, expenses, etc., on multiple returns causing refunds

    • Same filing status (IMF)

    • Same occupation (IMF)

    • Same child care provider (IMF)

    • Excessive deductions/losses

    • Different businesses at the same address

5.18.1.10.2.3.18.2  (10-01-2005)
Case Referral

  1. Once a TE identifies possible Fraud, they must elevate the case to the Team Leader.

    Ensure that the case is complete and properly documented. The history sheet should include:

    • All case actions

    • All documents received

    • All contacts written and oral, including all third party contacts

      Note:

      Returns and/or correspondence may be referred.

  2. The Team Leader reviews the case for possible Fraud.

    IF THEN
    The Team Leader concurs that possible Fraud exists, they
    1. Prepare Form 13549, Campus Fraud Lead Sheet

    2. Annotate Team Leader's initials on Form 13549.

    3. Forward the Form 13549 and the case to the Operational Functional Fraud Coordinator.

    The Team Leader does not concur that possible Fraud exists, they Continue normal processing.

  3. The Functional Fraud Coordinator (FFC) reviews the case for possible Fraud.

    IF THEN
    The FFC concurs that possible Fraud exists, they
    1. Load case onto the Fraud Tracking Report

    2. Annotate Initials, and any additional research performed on Form 13549.

    3. Forward the Form 13549 and the case to the Campus Collection Fraud Coordinator.

    The FFC does not concur that possible Fraud exists, they
    1. Load case onto the Fraud Tracking Report

    2. Annotate on Form 13549 the reasons for declination.

    3. Return case to Team Leader for normal processing.

  4. The Campus Collection Fraud Coordinator (CFC) reviews the case to determine if the case will be accepted by Fraud or not. Review must be completed within 21 days of receipt.

    IF THEN
    The CCFC concurs that possible Fraud exists, the
    1. case is accepted into the Field FTA Review and not returned to ASFR.

    The CCFC does not concur that possible Fraud exists, they
    1. Annotate on Form 13549 the reasons for declination.

    2. Return case to FFC for normal processing.

  5. Field FTA reviews the case..

    IF THEN
    The Field FTA concurs that possible Fraud exists, the
    1. case is accepted, assigned to the proper Field Office and not returned to ASFR.

    The Field FTA does not concur that possible Fraud exists, they
    1. Annotate on Form 13549 the reasons for declination.

    2. Return case to CCFC for normal processing.

5.18.1.10.2.3.18.3  (07-15-2011)
Potential ASFR Fraud Cases in Collection Field Function (CFf)

  1. Modules in 8000 may be potential Fraud cases in CFf. ROs will contact the ASFR CFf Fraud Coordinator, when they have a potential Fraud case assigned to ASFR.

  2. The ASFR Collection Fraud coordinator will research ASFR and do the following:

    IF THEN
    The module is unstarted,
    • Close the module off ASFR. Input a TC 596 88 and update to Status 063.

    The module is started,
    • Control module on IDRS to coordinator.

    • Input comments on IDRS and ASFR that the module is a potential Fraud module.

    • Secure RO contact information.

    A response is received,
    • Ensure that the response is assigned to the coordinator.

    • The coordinator must contact RO and fax copies of the response to the RO.

    • The coordinator should not process the response until contact is made with the RO and the RO advises that the response should be processed.

    • The coordinator must notify the Operation Fraud Coordinator that a potential Fraud case for CFf has been identified.

    No response is received,
    • Take no action.

    • Continue ASFR processing.

5.18.1.10.2.3.19  (03-04-2011)
Math Errors

  1. All ASFR returns and ASFR reconsiderations must be reviewed for math errors.

  2. Math errors are:

    • An addition, subtraction, multiplication or division error on a return

    • An apparent incorrect use or selection of information for the return from tax tables and schedules

    • An entry on the return of an item inconsistent with an entry on a schedule, form, statement, or list filed with the return

    • Missing schedule, when schedule is needed to verify 1040 amount.

    • Missing or invalids TINs to substantiate exemptions, child care credit, and EIC

  3. All math errors where the change in tax is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ must be corrected prior to processing the return. Use Package X and/or Pub 17 instructions in reviewing line items of the return to ensure that all changes for the tax year return are considered.

    Note:

    When processing a tax return involving math errors and computation of the Estimated Tax Penalty, the penalty must be computed on the lesserof the tax per the taxpayers return orthe corrected tax. See IRM 20.1.3.2.1.7 (5) NOTE.

5.18.1.10.2.3.19.1  (03-04-2011)
No Contact Math Errors

  1. Certain math errors require no taxpayer contact prior to making the correction to the return and processing the return.

  2. Math errors that require no taxpayer contact are:

    • An addition, subtraction, multiplication or division error on a return

    • An apparent incorrect use or selection of information for the return from tax tables and schedules

    • An entry on the return of an item inconsistent with an entry on a schedule, form, statement, or list filed with the return

    • An entry on a return of a deduction or credit in an amount which exceeds a statutory limit, if such a limit is expressed as a specific monetary limitation, percent ratio, or fraction

  3. Review the return, schedules and attached forms for no contact math errors.

    If Then
    There is a no contact math error and it results in a tax change of ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    1. Correct the math error

    2. Annotate the return without deleting the taxpayer's figures.

    3. Send a 474C letter with the applicable paragraphs. If the math error results in a tax increase, include Publication 5 (Appeal Rights) and Notice 746 (Explanation of Penalties and Interest).

    Note:

    Refundable credits do not change tax, however these credits are considered Math Errors if not substantiated. Disallow per Math Error procedures.

    There is a no contact math errorand it results in a tax change of less than ≡ ≡ ≡ ≡ ≡
    1. Process the return as filed

5.18.1.10.2.3.19.2  (03-04-2011)
Contact Math Errors

  1. Certain math errors require taxpayer contact to secure information to process the return.

  2. Math errors that require taxpayer contact are:

    • Missing schedule or form, when schedule or form is needed to verify 1040 amount which reduces the tax.

    • Missing or invalids TINs to substantiate exemptions, child care credit, child tax credit, and EIC

      Note:

      Research IDRS before contacting the taxpayer for missing or invalid TIN.

  3. Review the return, schedules and attached forms for contact math errors.

    If Then
    There is a contact math error and it results in a tax change of ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    1. Contact the taxpayer for the TIN or missing schedule or form.

    2. Suspend case for 45 days.

    3. If taxpayer responds with the necessary information or form or schedule, process the return.

    4. If there is no response, or if the response is not sufficient, correct the math error. Annotate the return with the correction. Send a 474C letter with the applicable paragraphs. If the math error results in a tax increase, include both Publication 5 (Appeal Rights) and Notice 746 (Explanation of Penalties and Interest).

    Note:

    Refundable credits do not change tax, however these credits are considered Math Errors if not substantiated. Disallow per Math Error procedures.

    There is a contact math errorand it results in a tax change of less than ≡ ≡ ≡ ≡ ≡ ≡
    1. Process the return as filed

5.18.1.10.2.3.20  (03-28-2011)
Under/unreported Income

  1. Verify that all income reported to the IRS is reported on the return.

    • Use the ASFR case minors to verify income reported on the return. Review case minors for comments, which may contain information on which case minors were filed by businesses on the Payer Agent List. Update modules as appropriate. IRM 5.18.1.7.11

    • If a joint return is filed, use SUPOL or IRPTR to verify that all spousal income has been reported.

  2. Do the following:

    If Then
    Addition of under/unreported income results in a net tax increase of ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    Always credit the tax for unreported W/H when determining tax due to under/unreported income.

    Note:

    Multiple issues may be used to comprise the tax increase.

    1. Contact the taxpayer regarding the under/unreported income. Request that the taxpayer file a corrected return.

    2. Suspend case for ≡ ≡ ≡ ≡ ≡ ≡

    3. If taxpayer responds with a corrected return or a sufficient explanation as to why the income was not reported, process the return.

    4. If there is no response, or if the response is not sufficient, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ IRM 5.18.1.10.2.3.50.

    Addition of under/unreported income results in a net tax increase of less than ≡ ≡ ≡ ≡ ≡ Process return as filed.

  3. The following sections contain information on how to determine if income is under/unreported. ASFR processes returns from a number of tax years, therefore, numbered lines cannot be included, due to specific tax year changes. Employees must use Package X and Publication 17 for specific year tax instructions. Prior year forms and instructions are also available on the internet through electronic publishing.

  4. Always look through all attachments to determine if income is not reported.

  5. Always verify that income reported on all Forms, Schedules and attachments is properly carried over to the Form 1040/1040A.

5.18.1.10.2.3.20.1  (04-18-2011)
Wages

  1. Verify that all W-2 case minors are reported on the return.

  2. Compare W-2 income with entries on:

    1. Form 1040, 1040A, 1040 EZ, Wages, salaries tips, etc. line,

      Note:

      If the TP enters "SNE" on the dotted line portion of Form 1040/1040A, line Wages, salaries, tips, etc., reduce the under/unreported wages by the amount reported on Form 8839, Taxable benefits line.

    2. Schedule C or Schedule F - If wages are reported here, refer to IRM 5.18.1.10.2.3.16.2 for instructions regarding Statutory Employees,

    3. Form 2106, Employee Business Expenses, Part 1, Other than Meals and Entertainment column, Reimbursements line- Give credit for these amounts if the payer name on the case minor is related to the occupation box on Form 2106. If the occupation box on Form 2106 is blank, consider the case minor(s) fully unreported unless amounts match within $1. If Other than Meals and Entertainment column, Reimbursements are greater than Total Expenses, in Column A of Form 2106, the excess reimbursements must be included as income on page 1 of Form 1040,

    4. Form 1040, 1040A, Taxable Pensions line ,

    5. Form 1040, 1040A, Other Income line,

    6. Attachments to the return,

    If the amount matches within $1.00 consider the wages reported.

  3. Consider any two W-2 case minors, for the same taxpayer, that contain identical income information, as duplicates even if the payer names and EIN's are different.

  4. Allow taxpayers (i.e., police officers, firefighters, etc.) who have sustained injuries in the line of duty to reduce Form W-2, box 1 Wages, by amounts indicated as line of duty injury payments when ALL of the following conditions are present:

    1. The taxpayer is under age 65.

    2. The payer statement is attached indicating the taxpayer was injured while on duty and provides a specific amount of excludable income. If the attached payer letter does not provide a specific amount, allow the exclusion if the taxpayer includes a worksheet providing a breakdown of excludable income.

    3. The amount has not been excluded from Box 1 Wages as shown on the attached Form W-2.

  5. Retired/non-active status members of the military employed as Junior ROTC instructors receive allowances for uniforms, housing, subsistence, etc. However, unlike active duty military personnel, these taxpayers CANNOT exclude these allowances.

    Note:

    Reserve component members can claim the deduction for overnight travel expenses.

  6. Taxpayers must include Form W-2, Box 1, Wages, on their return and cannot reduce their wages by amounts shown on Stock Option statements. Consider the reduction underreported income.

  7. Whenever wages are under/unreported, compute withholding (W/H) or consider W/H to determine if the under/unreported income meets the ≡ ≡ ≡ ≡ ≡ ≡ ≡ tax tolerance.

  8. The taxpayer may exclude certain types of income. Wages reported on Form W-2, box 1 are generally reduced by the amount of excluded income. Some of these exclusions are:

    • Tax sheltered amounts

    • Elective deferrals to a 401(K) or 403(B). This is generally tax-deferred annuities for teachers and employees of 501(c)(3) organizations and/or plans. , Form W-2 — Box 12 Codes, for a complete list of the elective deferral codes found in box 12 of Form W-2.

    • Dependent Care Assistance Benefits (DCB). for limitation of excludable income

    • "IOD" (Injury on Duty) or "LODI" (Line of Duty Injury) payments.

    • Survivor annuity received by the spouse, former spouse, or child of a public safety officer killed in the line of duty or a chaplain killed in the line of duty after September 10, 2001 while responding to a fire, rescue, or emergency as a member or employee of a fire or police department will generally be excluded from the recipient's income regardless of the date of the officer's death.

    • Cost of living allowances paid to federal employees working abroad

    • Minister's Housing Allowances (This amount may be the difference between net Schedule C income and income subject to self-employment tax on Schedule SE.)

    Since the amount reported on Form W-2, box 1 should reflect these exclusions from income, the taxpayer should not subtract the above items from the amount reported as wages.

  9. If wages are underreported, check the attached Form W-2 and/or any attachments to determine if the taxpayer excluded the amount as sick pay.

    1. Accept the exclusion if there is an indication that the taxpayer paid the premiums (an amount present on Form W-2, box 12, with code "J" that matches the excluded amount) and per attached pay-stubs or other documentation, the payer incorrectly included employee paid sick pay on Form W-2, box 1. Form W-2, box 1 matches box 3, SSWAGE, or attached payer documentation. If there is no justification, consider the sick pay underreported.

      Note:

      Payers are instructed to indicate the amount of sick pay not included in income (and not shown in boxes 1, 3, and 5) in box 12 of Form W-2 with Code "J" when the employee contributed to the sick pay plan.

  10. If the taxpayer attaches a substitute Form W-2 and reports a lesser amount than shown on the case minor from the same payer, consider the difference underreported.

  11. If there are two Form W-2 case minors for the same taxpayer, from the same payer (payer name and EIN match) take the following action:

    1. If the taxpayer fully reports one of the case minors, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. If the taxpayer does not fully report one of the Form W-2 case minors, add the wages together and consider the difference between what is reported underreported.

  12. If wages are under/unreported, determine if the taxpayer makes any reference to repayment of supplemental unemployment benefits. If the taxpayer correctly reported net wages after repayment of supplemental unemployment benefits, consider the wages reported.

  13. If the taxpayer is a minister and has reported Form W-2 wages on a Schedule C:

    1. If the Form W-2 shows that SST has NOT been deducted, allow the expenses. The net income will be subject to self-employment tax UNLESS the taxpayer has a Form 4361 or Form 4029 exemption annotated on the SE tax line of Form 1040.

    2. If the Form W-2 shows SST has been deducted, consider the expenses under/unreported income.

    3. Excluded minister housing allowance is subjected to SE Tax, unless: the TP notates "Exempt Form 4361" or "Form 4029" on Form 1040, SE tax line or the housing allowance is for a retired minister. If not excluded, considered the SE tax unreported.

5.18.1.10.2.3.20.2  (10-01-2005)
Statutory Employees

  1. Statutory employees are self-employed independent contractors, for purposes of reporting income and expenses on their tax returns, who are treated (by their employers) as employees for FICA tax purposes.

  2. Statutory employees should receive a Form W-2 with the statutory employee box checked in box 13.

  3. Statutory employees report their Form W-2 wages on Schedule C or C-EZ, Gross receipts and sales line, along with business expenses. This income is NOT subject to self-employment tax and business expenses are not subject to the 2% limitation for miscellaneous itemized deductions. This income is subject to social security and Medicare taxes that should be withheld at the source by the payer and shown on Form W-2 as SS/Medicare Tax Withheld, SS Wages, and Medicare Wages and Tips.

  4. Performing artists are not statutory employees, but, they may report Form W-2 income on Schedule C (instead of Form 2106), if during the tax year ALL of the following conditions apply:

    1. They perform services in the performing arts for at least two employers,

    2. They receive at least $200 each from any two of these employers,

    3. Their related performing arts expenses are more than 10% of their gross income from the performance of those services, AND

    4. Their adjusted gross income is not more than $16,000 before deducting these business expenses.

  5. If the taxpayer includes only non-statutory wages on the Schedule C or C-EZ, consider expenses underreported income.

5.18.1.10.2.3.20.3  (10-01-2005)
Fellowships, Grants, and Stipends

  1. If an explanation attached to the return indicates the fellowship, grant, or stipend was used for tuition, fees, books, supplies, and equipment required for the course, AND:

    1. The expenses equal or exceed the wages, consider the income fully reported.

      Note:

      The taxpayer cannot deduct or exclude expenses that exceed the wages.

    2. The expenses are less than the wages, consider the difference underreported income.

    3. The taxpayer excludes expenses not shown above, consider the difference underreported income.

5.18.1.10.2.3.20.4  (01-28-2010)
Dependent Care Benefits

  1. Taxpayers whose employer excludes earnings from taxable wages designated to pay for child care and/or care for dependents unable to care for themselves can deduct the amount of this benefit (within certain limits). The excluded amount is limited to the smaller of the taxpayer's earned income, the spouse's earned income, or $5,000 ($2,500 if married filing separately).

    Note:

    For each month, or part of a month, a spouse was a full time student or was unable to care for himself/herself, he/she is considered to have worked and earned income. His/her income for each month is considered to be at least $250 ($500 if more than one qualifying person was cared for).

  2. The gross benefit amount shows separately on Form W-2, box 10. The wage amount on Form(s) W-2, box 1 SHOULD NOT INCLUDE the DCB for the tax year.

    Note:

    The employer includes any DCB over ≡ ≡ ≡ ≡ ≡ ≡ ≡ in the taxpayer's wages as shown on Form W-2, box 1.

  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. Taxpayers MUST complete Form 2441 or Schedule 2, Parts I, II, and III in order to compute the correct amount of Child Care Credit and excludable DCB.

    1. Form 2441, and Schedule 2, Part III, contain the TOTAL BENEFIT AMOUNT less the amount forfeited.

    2. Form 2441, and Schedule 2, Part III, contain the TAXABLE BENEFIT AMOUNT. This taxable amount should be included with wage income on Form 1040/1040A, line 7 with "DCB" noted on the dotted line next to Wages, salaries tips, etc.. Verify that the correct amount of DCB is actually reported on Wages, salaries tips, etc. line.

  5. If the taxpayer did not file Form 2441 (Schedule 2) and/or did not fully report DCB, the taxable portion is the DCB amount up to ≡ ≡ ≡ ≡ ≡ ≡ ≡ per payer and per taxpayer. If there is an indication that the taxpayer participated in one of the following Cafeteria Plans: flex plan, flex credits, or flex dollars (pre-tax deduction) for Dependent Care Benefits and the taxpayer IS NOT claiming Child Care Credit, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. Taxpayers who receive DCB generally do not qualify for Child Care Credit. If the taxpayer claimed Child Care Credit, verify that the taxpayer is entitled to the credit. If they are not entitled, consider the amount claimed a no contact math error. IRM 5.18.1.10.2.3.19.

5.18.1.10.2.3.20.5  (10-01-2005)
Employer-Provided Adoption Benefits (EPAB)

  1. An exclusion from gross income is allowed for Employer-provided adoption benefits (EPAB) for qualifying expenses that a taxpayer incurs to adopt an eligible child. If the eligible child is not a U.S. citizen or resident, then the taxpayer may not claim an exclusion unless the adoption becomes final.

  2. EPAB is reported on Form W-2.

  3. The $10,000 limitation on the exclusion listed in the IRC is adjusted for inflation annually. The maximum exclusion is allowed, subject to income limitations, for the adoption of a child with special needs even if the taxpayer has no qualifying expenses. The exclusion begins to be phased out at the adjusted gross income in excess of an amount determined annually and based on inflation.

  4. Employer-provided adoption assistance payments are shown on Form W-2, box 12 and are identified with a code "T" .

  5. The wage amount on Form(s) W-2, box 1 does not include the EPAB payments for the tax year.

  6. Taxpayers must complete Form 8839, Qualified Adoption Expenses, Part I, II and III in order to compute the correct amount of EPAB.

  7. Taxpayers should include this taxable benefit amount with wage income on Form 1040/1040A, Wages, salaries tips, etc. line. They also write "AB" on the dotted line next to Wages, salaries tips, etc. line.

  8. If Form 8839, Taxable Benefits line is not reported on Form 1040/1040A, Wages, salaries tips, etc. line, consider the taxable benefits unreported.

5.18.1.10.2.3.21  (10-01-2005)
Interest

  1. Interest is reported by payers on Form 1099–INT, Form 1099–OID, and on Schedules K-1 from Forms 1065, 1041, and 1120S.

  2. Compare case minor interest amounts with entries on:

    1. Form 1040/1040A, taxable interest line.

      Note:

      If Form 1040/1040A, tax exempt interest line amount on line, matches the interest amount(s) on a Form 1099–INT case minor, consider the Form 1099–INT case minor under/unreported unless the payer is a state or political subdivision of a state, the District of Columbia, or a U.S. possession.

    2. Schedule B, Part I,

    3. Form 1040A, Schedule 1.

    4. Form 1040EZ, Taxable interest 2.

    5. Form 1040, Other Income line.

    6. Schedule C, Other Income line.

    7. Schedule E, Parts II, III, or IV.

    8. Schedule F, Other Income lines.

  3. If Form 1040, Schedule B, or Form 1040A, Schedule 1 (or an attachment in lieu of Schedule B or Schedule 1) is attached, compare case minors with individual items. If individual case minors cannot be matched:

    1. Add together all case minors amounts from the same payer.

    2. Compare to the total interest reported for that payer.

    3. If the total case minors amount is larger, consider the difference underreported.

  4. If a breakdown of interest by payer is not shown on the return or on an attachment and there is more than one case minor:

    1. Add together all interest case minors.

    2. Compare the total case minors amount to the total interest amount reported on the return.

    3. If the total case minors amount is larger, consider the difference underreported. When contacting taxpayer, be sure to include all case minors in the correspondence.

  5. Taxpayers often interchange interest and dividend income. Check any dividend income areas when comparing interest amounts. Offset interest income against dividend income ONLY if one of the following applies:

    1. The same amount (within $1) AND the same payer are reported; OR

    2. An unidentified amount matches the case minor interest amount within $1.

  6. If interest income is listed on Form 1040, Schedule B, or Form 1040A, Schedule 1, Part I, but is not added into the AGI:

    1. Consider the interest income unreported.

  7. Interest income may be reduced by any of the following, provided the taxpayer first included this income on Form 1040, Schedule B, line 1, or Form 1040A, Schedule 1, line 1. The line 2 amount should then reflect the taxable amount of interest minus these adjustments:

    1. Nominee Distributions — Interest received by the taxpayer that actually belongs to another person, such as a child.

    2. Accrued Interest — Interest on securities transferred between interest payment dates.

    3. Tax-Exempt Interest — (e.g., Municipal Bonds, etc.).

    4. Amortizable Bond Premium — Premium offsets interest on taxable bonds acquired after December 31, 1987.

    5. Frozen Deposits — An account from which the taxpayer is unable to withdraw funds because the financial institution or others in the area are bankrupt, insolvent, or in receivership.

    If it appears the taxpayer reports an incorrect taxable interest due to improper deduction of these amounts, consider the improper deduction underreported income.

  8. 1099–INT case minors may reflect an Early Withdrawal Penalty (EWPEN).

    Caution:

    Taxpayers may net the EWPEN against the interest.

  9. If the payer on a Form 1099–INT case minor is the U.S. Treasury, with EIN 38–1798424. it is credit interest paid to the taxpayer(s) by IRS for refund cases and is fully taxable.

5.18.1.10.2.3.21.1  (01-28-2010)
Original Issue Discount

  1. A Form 1099–OID reflects the original issue discount allocable to the tax year and the qualified stated interest paid or credited on the obligation during the tax year.

  2. Original issue discount, which is treated as interest income, is the difference between the issue price and stated redemption price at maturity of a debt instrument ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. Original issue discount (other than original issue discount on an obligation with a term of 1 year or less) is reported on Form 1099–OID.

  4. If the taxpayer reports a partial amount or no amount from a 1099–OID case minor, consider whether the taxpayer has made an adjustment for acquisition premium, or some other offset. Original issue discount may be reduced by these offsets provided the taxpayer first included the gross amount of original issue discount on Form 1040, Schedule B, line 1. The line 2 amount should then reflect the taxable amount of original issue discount as adjusted for these offsets.

    Note:

    Pursue the original issue discount issue if the taxpayer reports an incorrect amount of taxable original issue discount due to an improper offset of the gross amount of original issue discount.

5.18.1.10.2.3.21.2  (10-01-2005)
Interest from U.S. Savings Bonds, Treasury Bills, Treasury Bonds, and Treasury Notes

  1. Interest from U.S. Savings Bonds, Treasury Bills, Treasury Bonds, and Treasury Notes generally appear on 1099–INT.

  2. If the taxpayer reports an amount of savings bond interest that is equal to or greater than the case minor(s) amount, consider the case minor(s) reported unless the return amount is identified as being from a different payer.

  3. Accept bond interest if the taxpayer indicates the following:

    1. They elect to report bond interest each year as it accrues. Accept only if the taxpayer reports an interest amount.

    2. Interest on inherited savings bonds is only taxable from the date of death to the date of redemption.

  4. If the taxpayer reports an amount as savings bond, T-Bill bond, or note interest, and the 1099–INT case minor shows only regular interest, consider the case minor reported if the amounts match within $1 ONLY if the taxpayer has not excluded interest on Schedule B, line 3, for college tuition.

5.18.1.10.2.3.21.3  (10-01-2005)
Form 8815, Exclusion of Interest from Series EE U.S. Savings Bonds

  1. Form 8815, Exclusion of Interest from Series EE U.S. Savings Bonds After 1989, is allowed on Form 1040, Schedule B, (Form 1040A, Schedule 1).

  2. Bond Interest must be reported on the return before being claimed as a Savings Bond Exclusion on Form 1040/1040A.

  3. The savings bond exclusion claimed on Form 1040, Schedule B, (Form 1040A, Schedule 1) must be verified using specific tax year instructions. Use Package X to determine if the interest is under/unreported.

5.18.1.10.2.3.22  (01-28-2010)
Dividends and Capital Gains

  1. Dividends are distributions paid by corporations, partnerships, and/or estates and trusts. They are reported on Form 1099–DIV and on Schedules K-1 from Form 1065, Form 1041, and Form 1120S.

  2. Capital gain distributions are normally paid by regulated investment companies, mutual funds, and real estate investment trusts from their net long-term capital gains.

  3. The types of dividends compared are:

    • Ordinary Dividends — Entire amount is taxable.

    • Capital Gain Distributions — Are considered taxable as long term capital gains.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • Keogh (HR-10) or 403(b) accounts

    • SEP or IRA accounts

    • Municipal Bond funds

    • A Pension Plan or Profit Sharing Plan (including a 401(k) plan).

    • Capital Construction Fund (CCF) account

  5. Compare Ordinary Dividend amounts with entries on:

    1. Form 1040/1040A, Ordinary Dividends.

      Note:

      Starting in Tax year 2003, Qualified dividends reported on line 9b must be included in total dividends reported on line 9a. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Form 1040, Schedule B, Part II.

    3. Form 1040A, Schedule 1, Part II

    4. Form 1040, Schedule E, Parts II, III, and/or IV. The amounts must match within $1 or be clearly identified as Dividend Income.

  6. If the sum of the Ordinary Dividends and the Capital Gain Distribution amounts matches the sum of dividends reported on Schedule B, line 5 (or Schedule 1, line 5), ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If individual case minor(s) do not match the amount claimed on the return:

    1. Add ordinary dividend amounts from the same payer.

    2. Compare the total case minor amount to the total ordinary dividends reported for that payer.

    3. If the total case minor amount is larger, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  8. If a breakdown of dividends by payer is not shown on the return and there is more than one dividend case minor:

    1. Add all ordinary dividends on the case minors together.

    2. Compare the total case minor amount to the total reported dividends.

    3. If the total case minor amount is larger, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  9. Dividends and interest income are often interchanged by the taxpayer. Check any interest income areas when comparing case minors (e.g., credit union dividends). Check any dividend income areas when comparing INT amounts. Offset dividend income against interest income ONLY if it is the same amount (within $1) from the same payer.

  10. If dividend income is listed on Form 1040, Schedule B, or Form 1040A, Schedule 1, Part II, but is not added into the AGI:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  11. If the taxpayer reports ordinary dividends on Schedule D, as sales price,

    1. Consider the amount(s) in the cost or other basis column ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  12. The taxpayer may report a net dividend amount based on the payer's estimated percentage of taxability (especially utility companies). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  13. Dividends from money market funds may be reported under a different name. If a dividend amount on a 1099–DIV case minor matches an amount on Schedule B, consider the case minor ≡ ≡ ≡ ≡ ≡ unless there is an case minor(s) for that individual payer.

  14. Restricted stock transferred to an employee as compensation for services may accrue dividends. Even though these dividends are reported on Form 1099–DIV, they should be treated as wages. Consider the income ≡ ≡ ≡ ≡ ≡ ≡ if the amount was included with wages.

  15. Reinvestment dividends are not allowable as an exclusion.

  16. Nominee dividends may be deducted provided the taxpayer first included this income on Schedule B, line 5.


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