- 5.9.14 Automated Proofs of Claim (APOC)
- 5.9.14.1 Program Scope and Objectives
- 5.9.14.1.1 Background
- 5.9.14.1.2 Authority
- 5.9.14.1.3 Responsibilities
- 5.9.14.1.4 Program Management and Review
- 5.9.14.1.5 Program Controls
- 5.9.14.1.6 Terms and Acronyms
- 5.9.14.1.7 Related Resources
- 5.9.14.2 Automated Proof of Claim (APOC)
- 5.9.14.2.1 APOC Operators
- 5.9.14.2.1.1 APOC Initiation Process
- 5.9.14.2.2 APOC Processing
- 5.9.14.2.3 APOC Access
- 5.9.14.2.4 Navigating APOC
- 5.9.14.2.5 APOC Report Access
- 5.9.14.2.6 APOC Flag Information
- 5.9.14.2.7 APOC Flag Condition Time Frame Requirements
- 5.9.14.2.8 Case Flags
- 5.9.14.2.9 Period Flags
- 5.9.14.2.10 Case Compliance
- 5.9.14.2.11 Claim Record
- 5.9.14.2.12 Printing, Generating or Transmitting APOC Claims
- 5.9.14.2.13 Terminating a Case
- 5.9.14.2.14 Estimated Return Process
- 5.9.14.2.1 APOC Operators
- 5.9.14.3 Amended Automated Proofs of Claim (AAPOC)
- 5.9.14.3.1 Amends Process
- 5.9.14.3.2 Amends Status
- 5.9.14.3.3 Amends Access
- 5.9.14.3.4 Open Amends
- 5.9.14.3.5 Amends Time Frame Requirements
- 5.9.14.3.6 APOC Amends Flag Conditions and Resolutions
- 5.9.14.1 Program Scope and Objectives
Part 5. Collecting Process
Chapter 9. Bankruptcy and Other Insolvencies
Section 14. Automated Proofs of Claim (APOC)
5.9.14 Automated Proofs of Claim (APOC)
Manual Transmittal
September 12, 2022
Purpose
(1) This transmits revised IRM 5.9.14, Bankruptcy and Other Insolvencies, Automated Proofs of Claim (APOC).
Material Changes
(1) IRM 5.9.14, Bankruptcy and Other Insolvencies, Automated Proofs of Claim (APOC), has been updated to provide clarification and expansion of existing material. The following table details changes to this IRM section:
IRM | Change |
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IRM 5.9.14.1(4) IPU 20U1006 issued 09-14-2020 | Changed program owner to Collection Policy, SB/SE, Insolvency. |
IRM 5.9.14.1.7 | Consolidated bankruptcy rules and added Pub 5170 and Taxpayer Bill of Rights website. Added the Insolvency Knowledge Base Home Page. |
IRM 5.9.14.2.1(3) | Updated to reflect APOC Operator must now use BEARS to request a user ID and password for APOC processing. |
IRM 5.9.14.2.2(2) | Clarified to state POC claim records with no periods will also prevent a case from running through APOC. |
IRM 5.9.14.2.3 | Clarified the process to access the APOC on AIS. |
IRM 5.9.14.2.5(1) | Updated reflect access to Business Objects needs to be requested through BEARS. |
IRM 5.9.14.2.5(2) | Updated APOC report names and purpose to match Business Objects wording. |
IRM 5.9.14.2.8(4)(o) IPU 20U1006 issued 09-14-2020 | Removed flag. Move Letter 226-J Issued for ESRP Flag from a case flag to a period flag. |
IRM 5.9.14.9(5) | Clarified that all cases need to be adjusted if needed based the caseworkers initial analysis for cases with mortgage interest greater than 50% of income. |
IRM 5.9.14.9(5) | Added AUR Processing Codes reference for TC 922 flag and clarified how to address the flag. |
IRM 5.9.14.9(5) | Updated to included added appropriate case classification if required when working the Unagreed Assessment Flag. |
IRM 5.9.14.9(5) | Added clarification on how to work the Wrong Tax Assessment flag. |
IRM 5.9.14.2.9(5)(v) IPU 20U1006 issued 09-14-2020 | Added flag. Move Letter 226-J Issued for ESRP Flag from a case flag to a period flag. |
IRM 5.9.14.2.9(5)(v) IPU 20U1006 issued 09-14-2020 | Removed ESRP contact information and added internal e-mail box for ESRP questions. |
IRM 5.9.14.2.9(5)(w) IPU 20U1006 issued 09-14-2020 | Added new period flag CARES Act TC 766 CRN 280 Flag to identify cases with a potential deferred tax per CARES Act section 2302. |
Throughout | Changed Update flag to Clear flag to match AIS wording. |
Throughout | Moved lists into tables to meet 508 compliance. Alphabetized reports and flags. |
Throughout | Editorial changes were made throughout this section to add clarity and to update, correct, or add citations. |
Effect on Other Documents
This material supersedes IRM 5.9.14, dated September 14, 2020. The IRM IPU 20U1006 issued September 14, 2020 has been incorporated into this IRM.Audience
Field Insolvency GroupsEffective Date
(09-12-2022)Kareem Williams
Director, Collection Policy
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Purpose. This Internal Revenue Manual (IRM) section describes the process and procedures for operating the Automated Proofs of Claim (APOC) system application and the types of procedures followed to protect the Government's interest in bankruptcy proceedings.
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Audience. This IRM is designed for use by Specialty Collection Insolvency (SCI) personnel. This includes Centralized Insolvency Operation (CIO) personnel responsible for running APOC and Field Insolvency (FI) personnel responsible for generating proofs of claim using the APOC system.
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Policy Owner. Director, Collection Policy, SB/SE.
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Program Owner. Collection Policy, SB/SE, Insolvency is the program owner of this IRM.
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Primary Stakeholder. The primary stakeholder of this section is Specialty Collection Insolvency (SCI).
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Program Goals. The primary goal is to protect the government’s interest and ensure taxpayer rights are protected while generating and preparing claims for bankruptcy proceedings.
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Internal Revenue Manual (IRM) 5.9, Bankruptcy and Other Insolvencies, contains the Service’s position, procedures, information, instructions, guidance, and references concerning bankruptcy cases, stockbroker insolvencies, receiverships, assignments for the benefit of creditors, corporate dissolutions, and bulk sales.
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This IRM specifically addresses the APOC application. APOC is an automated system that standardizes how proofs of claim are prepared and when claim processing occurs. APOC uses data from the Automated Insolvency System(AIS) and the Integrated Data Retrieval System (IDRS) to determine, select and calculate prospective proofs of claim related to Chapters 7A, 11, 12, and 13 bankruptcies filed with the nationwide (federal) bankruptcy courts. APOC populates AIS with data gathered during the APOC case processing.
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The APOC program operates within the guidelines of the Bankruptcy Code (11 USC) and the Federal Rules of Bankruptcy Procedure.
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The Director of Specialty Collection Insolvency is responsible for program oversight.
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Territory and Frontline managers are responsible for ensuring reviews are completed as required per IRM 1.4.51.17.2, Operational Review, IRM 1.4.51.16.2, EQ Consistency Reviews, and IRM 1.4.51.5.2, Reviews.
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Employees are responsible for following the provided guidance to process cases.
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Program Reports. Eighteen APOC Reports are used to support program objectives. These reports are described in detail in IRM 5.9.14.2.5 (3), APOC Reports.
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Program Effectiveness.
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Operational and Program reviews are conducted on a yearly basis. See IRM 1.4.51.17.2, Operational Review, and IRM 1.4.51.17.5, Program Reviews, for more information.
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National quality reviews are conducted on a monthly basis. Consistency reviews are conducted at least annually. See IRM 1.4.51.16.1, NQRS, and IRM 1.4.51.16.2, EQ Consistency Reviews, for more information.
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The Collection Policy, Insolvency program analyst ensures daily APOC processing is completed by the assigned CIO tax examiner. The analyst will contact the responsible CIO manager when APOC has not been run.
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APOC restrict access to authorized APOC operators to run APOC. See IRM 5.9.14.2.1, APOC Operators, for more information.
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The responsible FI manager will ensure that the APOC Case Reports described in IRM 5.9.14.2.5 (3) are worked by FI personnel as necessary.
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A glossary of terms used in this IRM can be found in Exhibit 5.9.1-1, Glossary of Common Insolvency Terms.
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Common acronyms acceptable for use in the AIS history are listed in Exhibit 5.9.1-2, Acronyms and Abbreviations.
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Additional acceptable acronyms and abbreviations are found in the ReferenceNet Acronym Database, which may be viewed at: http://rnet.web.irs.gov/Resources/Acronymdb.aspx.
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Acronyms used specifically in this IRM section are listed below:
Acronyms Definitions AIS Automated Insolvency System ALS Automated Lien System APOC Automated Proofs of Claim BAPCPA Bankruptcy Abuse Prevention and Consumer Protection Act CIO Centralized Insolvency Operation CPM Confirmed Plan Monitoring EPOC Electronic Proofs of Claim FI Field Insolvency PACER Public Access to Court Electronic Records POC Proof of Claim NFTL Notice of Federal Tax Lien SCI Specialty Collection Insolvency SOFA Statement of Financial Affairs TIN Taxpayer Identification Number
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Automated Proof of Claim (APOC) User Guide, Document 13163
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Automated Insolvency System (AIS) User Guide, Document 13219
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The US Bankruptcy Code and Rules
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Insolvency Knowledge Base Home Page https://portal.ds.irsnet.gov/sites/vl114/pages/default.aspx
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Taxpayer Bill of Rights, Pub 5170, and Taxpayer Bill of Rights page https://www.irs.gov/taxpayer-bill-of-rights
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Overview. The APOC system resides as a subsystem within the Automated Insolvency System (AIS). APOC is an automated process that standardizes how and when proofs of claim processing occurs. APOC uses data from the AIS, Integrated Data Retrieval System (IDRS), Litigation Transcript System (LTS) and the Automated Lien System (ALS) to determine, select, calculate and classify liabilities for Chapters 7 Asset, 11, 12, and 13 bankruptcy cases. It does not compute or classify liabilities for Receiverships, Chapter 9, or Chapter 15 cases. All cases meeting the APOC selection criteria will be brought into the system and processed through the program. Once APOC has completed its tasks, it populates the relevant fields in AIS so a claim can be produced.
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AIS Freeze Screen. APOC examines all primary TINs and cross references TINs for processing. APOC selects balance due periods from the AIS freeze table and identifies periods with no returns filed based upon IDRS information. If a period has a balance due, but is not listed in the freeze table, APOC recognizes that liability as a "Missed BAL Due" . The liability will not have a TC 520 input until after the caseworker has added the module to the proof of claim and filed the claim with the bankruptcy court or input the TC 520 to IDRS manually. The AIS freeze table may be accessed from the Taxpayer Screen by clicking on the Freeze button.
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Tolerance. APOC currently operates with a dollar tolerance less than the tolerances listed in IRM Exhibit 5.9.13-1, Threshold for Claims, for manually computed proofs of claim. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡. The APOC tolerance may be adjusted as necessary by Collection Policy Insolvency. , Insolvency caseworkers will receive advance notification when an adjustment is anticipated.
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ALS. ALS must be run and the "Lien Research" field on the AIS TIN screen must be "Completed" prior to APOC's selecting the case for processing. This is an automatic process and requires no manual intervention.
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Overview. An APOC operator is an Insolvency employee designated in APOC to initiate and run the APOC processes. Operators must have an APOC User ID and the proper command codes in their profiles to connect to IDRS through APOC.
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APOC Operator Back-up. APOC operators are the only Specialty Collection Insolvency (SCI) employees with access to the "APOC Batch Program" and therefore the only employees capable of running APOC nationwide. These operators will be each others' back-up.
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APOC User ID. APOC operators are required to have two User IDs and passwords:
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The AIS login and password for access to AIS, and
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The APOC User ID and password for access to the “APOC Initiation” processes.
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IDRS Command Codes. APOC operators must have the following IDRS command codes in their profile to initiate the APOC processes. APOC operators will receive a "Security Violation" without these command codes in their profile:
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AMDISA
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BMFOL
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COMPA
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IMFOL
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INOLE
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INTST
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IRPTRL
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MFREQ
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RECON
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SINON
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SINOF
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TXMODA
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Daily Processing. Operators should run APOC daily. The operators run APOC by Insolvency Territory, then further processing can be selected by date or group ID. However, by pressing enter and bypassing the dates, APOC will select every case available. It is recommended to run all available cases. Basic information about the initiation process is described below; however, operators should access the APOC Operator User Guide for more detailed guidance.
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APOC Main Menu. To begin the APOC process, APOC operators must select Option 1 - Initiate APOC Process from the APOC Main Menu.
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Case Selection. Cases may be selected for APOC processing by entering a specific case number or by processing all available cases at the same time. The options are:
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Run specific docket ID(s).
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Run *ALL* available dockets.
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ABORT this APOC run.
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Case Verification. After an option has been selected, the operator will be asked to verify the selection by inputting "Y" to start the system.
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IDRS SINON. The APOC operator will be required to SINON to IDRS each time APOC is run. Once the operator has signed on to IDRS, APOC will show the number and list of cases it will run.
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APOC Initiation Status. APOC will display all the cases, as they are processing. The screen process will appear as follows:
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***** Commit < database changes for docket: XX-XXXXXXX
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Phase 1 Complete
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Phase 2 Complete
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Phase 3 Complete
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Phase 4 Complete
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IDRS SINOF. After completion of the run, APOC will automatically SINOF the operator from IDRS.
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Notify Policy. An e-mail should be sent to Policy once the APOC process has been completed and if any problems are encountered.
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Processing Flow. The following steps demonstrate the order in which cases are handled on AIS:
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The case is opened on AIS;
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Insolvency Interface Program (IIP) is initiated;
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Process C validates TINs;
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Process D inputs TC 520s and creates status reports;
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Case Assignment Guide (CAG) program assigns case to a caseworker;
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ALS runs on all TINs;
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APOC selects case for processing; and
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A caseworker accesses APOC records to work the case.
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Case Requirement. The following conditions must be met before a case will qualify for APOC processing:
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The case does not have a closed date on AIS.
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The case is a Chapter 7A, 11, 12, or 13.
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The "Proof Req'd" field on AIS is “Y” meaning a claim has not already been filed.
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All TINs on the docket are validated.
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The case is assigned to a caseworker.
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ALS has run on all TINs.
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The "APOC Status" on the AIS Taxpayer screen is "blank" .
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Processing Delays. Problems that will delay the processing flow include:
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An invalid TIN
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Name control mismatch
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ALS NFTL research not completed due to TIN not being validated
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Prior bankruptcy error (-V or -W freeze already on account)
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IDRS Dead Cycles
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Case not assigned to an employee
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"APOC Status" Field. The AIS Taxpayer screen has a field specifically for APOC. This field must be "blank" or the case will not be selected for the APOC process. The "APOC Status" field is updated when a case has been processed by APOC and will display an alpha code denoting one of the codes below:
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@ - Completed amends case
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A - Automatically processed through APOC (no flags exist)
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B - Below tolerance
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D - No liability case with debtor indicator
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H - Amends case on Hold
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M - Manually processed through APOC (flags have been resolved)
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N - No liability
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Null - Case not processed by APOC
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O - Open Referral on Chapters 11 and 12 cases only (NL)
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P - Case is pending in APOC because of unresolved flags
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R - Terminated case
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T - Terminated Amends case
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X - Case selected for APOC processing, but process is not complete
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Z - Problem with APOC processing which prevents claim information from being moved to AIS. Issues are varied and can include a duplicate period (Period has the same TIN, Assessment Date, Classification), Invalid TIN present on an APOC record, date mismatches, claim already on AIS, etc. Users may be able to identify the specific issue by selecting the Process APOC button in APOC and viewing the error message that is displayed.
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Reopened Chapter 7 Cases. Chapter 7 cases that are reopened because assets have been identified will not be processed by APOC if a closed on AIS date is on the AIS entity screen. APOC Amends will not process cases if a discharge or dismissal date is on the AIS Taxpayer screen. Cases falling beyond the governmental bar date will generate a flag advising the user of an attempt to work a late filed claim. Chapter 7 cases may have periods that were abated because they met the requirements for dischargeability. These abated periods must be computed manually and included on the proof of claim. When APOC is utilized users may include these periods by inserting or creating new periods.
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APOC Access. From the Case File screen, under Case Status use the APOC Processing drop down menu and/or the APOC Status field, under Employee section, to search APOC cases.
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APOC Processing Search Options. The APOC Processing drop down menu includes the following search options:
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Open
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Complete
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Open - Amendment
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Completed - Amendment
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Case Types. The APOC program is built around the following case types:
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APOC Status Search Options. Cases can also be searched based on their status. See IRM 5.9.14.2.2 (4), APOC Status Field, for codes to search.
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Restore Cases. The Restore Cases button allows the user to restore cases. Cases that were selected for APOC processing but did not make it through the APOC process will have an APOC status of X and may need to be restored to AIS. AIS permission levels determine access to this Menu Option.
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APOC Screens. Selecting the APOC tab when you are in a case will display the APOC Case Detail screen. The caseworker can select the following buttons from the screen:
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Case Flags
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Compliance
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Periods
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Save
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Processing APOC
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Terminate APOC
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Report Access. APOC Reports are located in the Business Objects system. The APOC folder can be found under Public Folders, AIS, AD-HOC, AIS 5 - APOC. You must have "Standard User" access (via BEARS) to run any Business Objects AIS report. To run a report, simply double click on the report title, and the report will start to generate.
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Parameters. Most APOC reports will require the input of a set of parameters. Parameters can include options for SEID, Org 1 & Org 2 codes, Chapter, Court Code, From and To dates, etc. See your manager for the correct parameters necessary to run a specific report.
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APOC Reports. The APOC reports options are:
APOC Report Purpose of Report AGI Report The Adjusted Gross Income (AGI) report identifies those Chapter 7A cases that have computed AGI greater than $10,000 based on the user input parameters. All Cases Report The All Cases Report lists all cases assigned to a specific caseworker, for a specific date or date range and were processed by APOC. Below Tolerance Report The Below Tolerance Report identifies cases where the total claim balance is below the minimum amount established for filing proofs of claim based on the From /To Dates entered by the user. Case Detail Flag Report The Case Detail Flag Report identifies issues at the Case level based on the user’s flag selection and date parameters. Cash Collateral Report. The Cash Collateral Report identifies all Chapter 11 cases with secured claims. A manual case review is needed to determine if adequate protection or a cash collateral agreement is needed. Cleared Flagged Cases Report The Cleared Flagged Cases Report lists all cases that have had the flag(s) resolved and cleared. Completed Amend Report The Completed Amend Report lists all cases processed through APOC Amends. Caseworkers should use the Completed Amend Report to conduct a review of the claim filed dates to ensure the amended proofs of claim are filed after they have been amended. Estimated Return Report The Estimated Return Report lists all cases that have periods with estimates. Flagged Cases Report The Flagged Cases Report lists all cases that have encountered a flag which has not yet been resolved. These cases require manual intervention by the user. Limit File Bankruptcy Report The Limit File Report lists all cases that were large dollar cases during the time frame specified by the From/To Dates entered by the user. No Liability Report The No Liability Report identifies cases with no balances due, and no unfiled returns. It also identifies if there is a debt indicator on the case. APOC closes all no liability cases except all Chapter 11 and 12 cases, and cases of all chapters with a debtor master file (DMF) indicator. Non-Flagged Cases Report The Non-Flagged Cases Report lists all cases processed through APOC that did not encounter a flag condition. Since APOC processes are initiated on a daily basis, plans and schedules may not be available when this report is generated. Open Amend Report The Open Amend Report lists all cases with an amended period that has not yet been resolved. These cases require manual intervention by the user. Period Detail Flag Report The Period Detail Flag Report identifies issues at the Period level. IT lists all cases that encountered a period flag and are not yet resolved. These cases will require manual intervention by the user before they can be completed in APOC. Summary Report The Summary Report lists different statistics for the user's specific territories. This is a Managers Only report. Terminated Amend Report The Terminated Amend Report lists all cases that were terminated in APOC Amends. Terminated Cases Report The Terminated Cases Report lists all cases that were terminated in APOC. X/Z Cases Report The X Cases are those cases that were APOC ready but did not make it through the APOC process. The Z Cases are those cases where there is a problem with the APOC records which is not allowing the claim records to move to the AIS Proof of Claim screen. The X/Z Report lists all X/Z cases during the time frame specified by the user.
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Flag Conditions. When APOC encounters a condition that cannot be resolved without human interaction, a flag will be issued. The flags are separated into Case and Period flags. The caseworker can resolve the flags on the Case Flags or Periods screens. APOC enables employees to update the case records for each flag condition. When all flag conditions for a specific case have been updated, APOC will be able to export the data to update the AIS proof of claim. Some flags are set to alert the employee to some existing circumstance and may not require any action aside from updating the flag itself. For each flag condition, a history record is added to AIS denoting its occurrence.
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Flag History Documentation. Each flag condition encountered during the APOC batch process generates an automated AIS history record. The history message will indicate it was created by APOC and will include a brief description of each flag condition.
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The AIS taxpayer table "APOC Status" field is set to "P," Pending, for cases containing flags.
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When all Flags are updated by the user, the taxpayer "APOC Status" field is set to "M," Manual.
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Time Frame Requirements. APOC flags should be worked at least five calendar days before the 341 meeting, with the exception of the Credits Posted after the Petition Date flag, the Lien Recorded Date Blank or Greater Than the Petition Date flag, and the Secured Period flag for Chapters 11 and 12 cases.
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APOC flags that identify a potential violation of the stay should be worked within five calendar days of APOC identifying the flagged condition: The Credits Posted after Petition Date flag may identify a payment that may have posted in violation of the stay. The Lien Recorded Date Blank flag may identify a NFTL that was issued or filed after the petition date in violation of the stay.
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The Secured Period flag should be worked within 10 calendar days of APOC identifying the flagged condition for all Chapter 11 and 12 cases. The Secured Flag indicates the Service may have a pre-petition NFTL on file and may be entitled to an adequate protection or cash collateral agreement.
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Case Flag Information. Case flags affect the entire case and alert the user of the need for additional review.
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Flagged cases are considered "Open" requiring manual intervention to address (i.e., take appropriate action) and/or update the flags before the APOC case is exported to AIS. The APOC User Interface enables employees to add and/or update claim and history records for each flag condition.
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Once flags are updated on a case, the case will move to "Completed" the next time the APOC process runs, or when the user chooses to use the Process APOC button. The APOC claim information is transferred to the AIS Proof of Claim tables and APOC adds a record to the AIS history screen that summarizes the claim information.
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Case Flags. The name of each case flag can be found on the APOC Case Flag screen. Caseworkers must determine the proper action to follow to resolve the case flag issue so processing can continue. When all required actions to resolve the case flags are completed, go to the Case Flag screen, select the flag, and select Clear. This action alerts APOC the flag has been updated and the case can continue the processing cycle. The current date is automatically populated in the column to the right of the flag title.
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Reopen a Case Flag. If the flag was updated in error, highlight the date again, select the Delete Key or Spacebar and select Save. The caseworker may use the arrow key to access the next flag at the bottom of the screen.
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Case Flag Conditions and Resolutions. A brief description of each case flag condition and resolution is listed below:
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Case Documentation. Caseworkers must document the actions they take to resolve APOC case flags and period flags. (See IRM 5.9.5.4, AIS Documentation). AIS histories generated by APOC alone are not sufficient case documentation.
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Period Flag Information. Period flags impact a specific TIN, MFT, and period. Flagged cases are considered "Open" requiring manual intervention to address and/or clear the flags before the APOC case is exported to AIS. Caseworkers must determine the proper action to follow to resolve the flag issue so processing can continue.
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Identifying Period Flags. Specific period flags can be found on the APOC Period screen. The APOC Period screen will show the number of open period flags. Select the Index of the specific period you would like to review. The lower section of the APOC Period Detail screen provides the name of each period flag. Each flag must be updated before the case processing can complete.
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Update Period Flags. Each time a period flag is encountered, the caseworker must take additional steps to determine the appropriate action to be taken. Once those steps have been taken, the caseworker should go to the APOC Period Detail screen, select the flag to be updated and select the Clear button. This action alerts APOC the flag has been resolved, and the case can continue the processing cycle. The current date is automatically populated in the column to the right of the flag title.
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Reopen Period Flag. If the flag was updated in error, highlight the date again, select the Delete key or Spacebar and select Save. The caseworker may use the arrow key to access the next flag at the bottom of the screen.
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Period Flag Conditions and Resolutions. A brief description of each period flag condition and resolution is listed below:
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Compliance Review. The caseworker should conduct a compliance review on cases with and without flags after all of the case flags have been cleared. The Case Compliance screen displays all compliance periods for a specific case.
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APOC Compliance Screen. This screen is for compliance information only. No processing is done on this screen.
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Each debtor IMF TIN is shown separately with compliance records for the past six years.
Exception:
If debtors in a joint bankruptcy filed a joint return and that period was moved to retention, APOC will not determine if both debtors are on the return for the period in retention. A cross-reference IMF TIN (X-TIN) is displayed when a joint return was filed with the debtor. The X-TIN is the primary TIN filed for that year. If the X-TIN is not listed in the "TIN" field, it is a non-debtor spouse.
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BMF compliance is conducted for open filing requirements for six years prior to the petition date. If the establishment date for the entity is less than six years prior to the petition date, APOC will only address compliance starting with the establishment date. If the filing requirements have been closed pre-petition, APOC will do a compliance check to the closure period instead of to the petition date.
Note:
For both IMF and BMF cases with a prior bankruptcy extension (PBE), a compliance check is conducted for unfiled returns for eight years prior to the petition date. Previous bankruptcy(cies) conceivably could move an eight year old unfiled return from a general claim to a priority claim. If the debtor has no previous bankruptcy filing(s), or if periods more than six years prior to the petition date will be classified as general, the compliance check for unfiled returns is systemically limited to the usual six years. Per IRM 5.1.11.7.1, Enforcement Determination, pursuing unfiled returns for periods more than six years prior requires manager approval.
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The Compliance Screen displays each debtor TIN listed and the six years of tax periods for which compliance has been checked. If a filed return is found, a "Y" appears under the data column entitled Compliance. If APOC has not identified a filed return, the annotation in the Compliance column will be "⋆NO⋆."
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If a TDI has been closed using TC 59(X), a "Y" will be displayed for this period, and APOC will not prepare an estimated claim.
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IMF Compliance Record Review. Each debtor IMF TIN is listed separately with compliance records for the past six years.
IF THEN the case is filed on or after October 17, 2005, compliance is checked for six years, unless the case has a prior bankruptcy extension (PBE). A compliance check is then conducted for unfiled returns for eight years prior to the petition date. the debtors have previously filed joint returns and a tax year has moved to the IDRS retention register under the NPS, APOC is unable to check the tax year and will assume the period is satisfied for the debtor. the estimated period is not necessary, remove the period. a joint return was filed with the debtor and the X-TIN is not present, the debtor’s TIN is the primary for that year. a joint return was filed with the debtor and the X-TIN (Non Petitioning Spouse (NPS) TIN) is primary on IDRS the X-Ref TIN (NPS TIN) will be displayed. -
BMF Compliance Record Review. BMF compliance is conducted on each MFT with an open filing requirement. APOC will research the past 24 periods for quarterly returns and the past six periods for annual returns.
IF THEN the case is filed on or after October 17, 2005, compliance is checked for 24 periods for quarterly returns and 6 periods for annual returns unless the case has a prior bankruptcy extension (PBE). A compliance check is then conducted for unfiled returns for 8 years prior to the petition date. the established date for the BMF entity is less than eight years prior to the petition date, APOC will only address compliance starting with the established date. the filing requirements have been closed prior to the petition date, APOC will do a compliance check to the closure period instead of to the petition date. -
Prior Bankruptcy Extension (PBE) Period Review. Cases with a PBE must have a compliance check conducted for unfiled returns for the past "eight" years prior to the petition date. Previous bankruptcies could move an eight year old unfiled return from a general claim to a priority claim.
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Delinquent or Filed Return. If a return is found, a "Y" appears under the data column entitled Compliance. The "Y" indicator only confirms a tax return was filed. It does not establish that the period is fully paid, or has a debit or credit balance. If APOC has not identified a filed return, the annotation in the Compliance column will be "⋆NO⋆" .
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Removing a Claim Record from APOC. Should a caseworker choose to remove a claim record from APOC for a specific period, they should select the period from the APOC Period List, select the Remove Period button from the APOC Period Detail screen . This will remove the record. A message will appear on the claim record stating PERIOD REMOVED.
Once a period has been removed, the Remove Period button changes to Restore Period. By selecting the Restore Period button and selecting the Save button, the removed period will be restored. -
Insert Period. When a caseworker chooses to select the Insert button available from the APOC Periods screen a claim record will appear. The caseworker must choose the appropriate TIN from the drop down TIN options and update all blank areas with the appropriate information. Select the Save button to save the record.
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Split Period. If an existing claim record must be split (usually when a secured period should be partially priority or general), the caseworker must use Insert button available from the APOC Periods screen and update all areas with the appropriate information. Select the Save button to save the record.
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Claims Available for Printing. After cases have completed the APOC process, and the claim is transferred to the Proof of Claim screen, the claims are available for printing on the Proof of Claim screen under Generate POC. Options for printing include:
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Draft
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Official Filing Copy
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Reference Copy
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Previously Filed Claims
Note:
Proofs of claim are NOT generated or printed from the APOC system. Once APOC has completed its tasks, it populates the relevant fields in AIS so a claim can be produced in hard copy or electronic format. The electronic signature of the specialist assigned the case will appear on the front of the claim.
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Process APOC Button. Both APOC and APOC Amends systems allow users to electronically file their claims using the Electronic Proofs of Claim (EPOC) system AFTER all required actions have been completed. The Process APOC button is located on the Case Detail screen.If caseworkers choose to move the claim to AIS without submitting the claim to EPOC, then they will still be able to process EPOC from the AIS POC screen. Caseworkers should utilize the Submit Claim for EPOC button in the EPOC area of the Proof of Claim screen, for this purpose.
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Terminating a Claim. If a claim no longer should be filed (e.g., a case has been dismissed or converted to Chapter 7 No Asset), the case can be terminated in APOC to prevent the data from being written over to AIS. The Terminate APOC button is located on the APOC Case Detail screen. The caseworker must select Terminate APOC button.
Reminder:
Caseworkers should determine whether removing periods or terminating a case is the appropriate case action. When a period or multiple periods are removed from APOC and there are no other liabilities or open flags on the case, APOC will close the case as no liability on AIS after the next APOC processing. (APOC will not close Chapter 11 and 12 cases no liability.) Caseworkers will need to manually address closure of cases terminated in APOC.
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Identifying Terminated Cases. When a case has been terminated, the caseworker will not be able to resolve any of the flag conditions. The case is immediately terminated and updated in APOC and AIS after the caseworker exits the Case Detail screen. The case automatically moves to "Completed Cases" . APOC will input:
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An "R" (Terminated original APOC case) in the "APOC Status" field on the AIS Taxpayer screen.
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A "T" (Terminated Amends case) in the POC statement on the APOC Case Detail screen.
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Terminated Cases Report. Cases terminated in APOC will appear on the Terminated Cases Report located on the APOC Reports Menu in Business Objects.
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Estimated Return Information. APOC processes periods for Debtor TINs found to be non-compliant. Estimates are created for any period where:
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There is ‘NONE’ on the B/IMFOLI for the Debtor TIN and no more information is available from cross reference SSNs, or
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The period is completely missing from Debtor TIN’s B/IMFOLI and no more information is available from cross reference SSNs.
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If IRPTRL information exists for a TIN and period, APOC will compute the tax based on the total taxable reported income.
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If IRPTRL information does not exist for this TIN and period or if MFT is not 30, APOC develops a tax estimate using information from the last filed return (LFR).
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If there is no IRPTR or LFR then APOC estimates the tax period at $100.
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IMF Estimated Process. APOC computes an estimate using the following process for IMF periods:
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IRPTRL is used for the unfiled tax year and an estimate is computed based on all reported income.
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Self-employment tax is computed when non-employee compensation is identified and adds it to the tax estimate.
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Penalties are not computed on an estimated period.
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APOC will reduce the estimate when there are credits available on a period.
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Non-Employee Compensation.≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Step Action 1 Take total NEC x .9235 = Net Earnings from Self employment 2 Net Earnings from Self employment x .153 = SE tax 3 SE tax x 50% = ½ SE tax 4 Add all other taxable income to the NEC income = Total taxable income 5 Total taxable income -1/2 SE tax =Adjusted Gross Income 6 Adjusted gross income - $5000 (standard deduction) - $3000 (personal exemption) = Taxable income 7 Taxable income x .2 (20% tax rate) = Income tax -
IMF Reference Tables. IMF reference table requirements are as follows:
IF Then IRPTRL is available and Mortgage Interest is more than 50% of the total income, APOC:
• Issues a period flag,
• Creates a claim record, and
• Classifies this claim record.IRPTRL is not available, APOC goes to LFR to compute an estimate:
• The tax on the LFR is increased by 5% per year to the year being estimated.
• The withholding figure on the current year credits (credit elect or estimated tax payments) are deducted from the estimated amount.
• The resulting amount is used to create a claim record.IRPTRL and LFR do not exist for that period and there is a prior estimated tax period based on IRPTRL APOC:
• Deducts the withholding figure on the current year credits (credit elect or estimated tax payment) from the estimated amount.
•Creates a claim record.IRPTRL and LFR do not exist for that period and there is not a prior estimated tax period based on IRPTRL APOC:
• Creates a claim record,
• Inputs a $100.00 estimate, and
• Issues a flag. -
BMF Estimated Process. APOC computes estimates for BMF periods using the following process:
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BMF periods are based on LFR information.
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The tax amount is calculated from the period liability using all TC 150s, 290s, or 300s.
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APOC will reduce the estimate when there are credits available on a period.
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The tax amount is input to the APOC claims record.
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No penalty is computed for the estimate.
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BMF Reference Tables. BMF reference table requirements are as follows:
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BMF Split Period Estimates. APOC computes an estimate for “Split Periods” using the liability incurred after the period beginning date and before the petition date (pre-petition). It is computed as follows:
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A prorated estimate is computed using 91 days for quarterly returns and 365 days for annual returns.
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The tax amount for the last filed return is divided by the number of days for a daily rate.
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The number of days is computed from quarter or year beginning date to the petition date for the total of pre-petition days.
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The pre-petition days are multiplied by the daily rate for the prorated estimate.
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APOC Amends Information. When a proof of claim has been timely filed and situations warrant, an amended claim may be filed as necessary to claim the correct liability owed the Service. Amended claims processed through APOC are not limited to initial proofs of claim created by APOC, thus all cases shall be candidates for the APOC Amends process.
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Source for Amended Claims. The basis for APOC Amends process is the existing "Litigation Transcript System" (LTS) process, a subsystem of AIS. LTS matches "Master File" (MF) data with a -V and/or –W freeze codes with the TIN records on the AIS. The MF data is extracted weekly to a file that is sorted and transmitted to the AIS database. LTS transcripts are retained for six weeks, after that time, the transcripts are deleted from AIS. The litigation transcript data that is available to the APOC Amends process is the source for triggering an automated amended proof of claim.
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Amends Case Selection. The following must be met before a case will be eligible for APOC Amends processing.
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The case is a chapter 7A, 11, 12, or 13.
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The Employee Org1 level is NOT 85000 (CIO).
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"Discharged" , "Dismissed" , "Noticed" , and "On AIS" fields are Null.
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Proof Required is F.
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Proof Filed is NOT Null.
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Litigation Transcript Criteria. The following must be met before a transcript will be eligible for APOC Amends processing:
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Estimated Paragraph Criteria. APOC Amends will process the litigation transcript if the tax period was included on the proof of claim with an "Estimated Paragraph" equal to one of the following:
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1 (Estimated - No return was filed and APOC estimated based on IRPTR or Last Return Filed information) or,
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c (Estimated - Return is due after the petition date) or,
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d ( Estimated - APOC could not provide an estimate. A $100 estimate is being used as a placeholder on the claim. The caseworker needs to make a manual determination of the estimated amount)
Note:
Occasionally employees will choose to amend a proof of claim after receiving the original tax return. Employees must remember to change the estimated paragraph number/alpha for the manually amended period to something other than 1, c, or d, to prevent APOC Amends from processing the Litigation Transcript when the return posts to IDRS.
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Processing Delays. APOC may encounter processing delays caused by any of the following:
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Problems with IP Address connections to IDRS,
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IDRS Dead Cycles,
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LTS unavailable, or
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TC 150 assessed on LTS but not found on TXMODA.
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TC 150 Not Found on TXMODA. When a "TC 150 New Assessment" transcript is selected for Amends processing but the TC 150 does not appear on the TXMODA, APOC will abort the transcript and select it again during the next Amends process.
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MFREQ. The Amends program has added the ability to run MFREQ. Occasionally there are times when the amends program is unable to retrieve INTSTB for a pending TXMODA. When this occurs APOC will abort the transcript and select it again during the next Amends process.
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APOC Review Field. The "APOC Review" field located on the Litigation Transcript screen will automatically be populated with the date APOC Amends selected the transcript for processing.
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APOC Status Field. The "APOC Status" field is located on the Case File and APOC Case Detail screen. This field will be populated with one of the following APOC Amends status codes:
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H – Amends case on Hold
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T – Terminated Amends case
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@ - Completed Amends case
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H Status. All cases selected for amendment will be in "H (Hold)" status. When a caseworker removes the "H" from the "APOC Status" field, APOC will process the case during the next APOC run. The case will then move to AIS and update the AIS POC. All periods selected for amendment should be reviewed prior to removing the "H" .
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T Status. A caseworker may choose to terminate the case from the Amends process by selecting the Terminate APOC button located on the APOC Case Detail screen. The case is immediately terminated and updated in APOC and AIS after the caseworker exits the APOC Case Detail screen. The case automatically moves to "Completed Cases" .
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@ Status. When a caseworker removes the "H (Hold)" from the "APOC Status" field, APOC will select the case during the next APOC Initiation Process and process the amendment. The case will then move to AIS and update the AIS POC. The "@" sign will appear in the "APOC Status" field on the APOC Case Detail Screen and in the "APOC Status" field on the Case File screen when a case has been amended by APOC Amends.
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APOC Amends Access. Select the Open - Amendment or Completed - Amendment option from the APOC Processing drop down menu from the Case File screen.
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Open Amends cases are those cases that have not successfully completed the APOC Amends process. Open Amends cases are those with a date in the "Amend Beg Date" field and without a date in the "Amend End Date" field on the APOC Case Detail screen. These cases are currently in "H (Hold)" in the Amend status, awaiting processing determination by the caseworker.
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Open Amendment Case List. This screen provides a list of all cases with a transcript selected for the amendment process.
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Amend Beg Date. This column reflects the date APOC Amends selected the case for processing.
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Amend Status. This column reflects the current APOC Amend status. The Open Amends cases will always reflect a status of "blank" which reflects the user has removed the "H" and the case is awaiting further processing, or "H" if it has not been worked.
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Access Amended Period. The Periods List Screen will have a "Yes" under Amended column for the period that was selected for an amendment.
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Field Insolvency. Field Insolvency groups generate and work Litigation Transcript System (LTS) reports on cases currently assigned to the Field.
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Weekly Extractions. MF data are sorted and transmitted to the AIS database once a week. The AAPOC system will process the "Bal Due" TC 150 New Assessment transcripts for cases assigned to the Field and meet the "Case Selection" criteria.
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Time Frame. Caseworkers must review "Open Amendment" cases within 30 calendar days of the Amend Beg Date.
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TC 150 Flags. Flags will be issued for the following TC 150 transcripts processed through the APOC Amends system: