Announcement

Collapse
No announcement yet.

Tennessee, Taxes, Trusts, and IRS Trouble

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tennessee, Taxes, Trusts, and IRS Trouble

    Jim Shelby is executive vice president of The Trust Co., a state-chartered bank in Knoxville that manages trusts. He wrote his opinion of IRS for the op-ed page of this morning's Knoxville News-Sentinel. Here are some excerpts; the full story is at



    (He seems to have the same problem with Ogden on interest and FTP penalties being assessed on trust returns, as I reported last week.)

    >>>Several years ago, the Internal Revenue Service came under congressional investigation for practices considered outside its areas of responsibility or, in some instances, abuses of its power in collecting taxes.
    In fact, a "rogue" agent was investigating our esteemed senator from Tennessee and, as he testified before a Congressional Committee, he did not ever know he was being investigated. I had prepared his returns for many years, and I never knew about the investigation. . . .

    Coming out of these hearings, there were some clear guidelines given to the IRS to become a "gentler and kinder" agency to taxpayers. And to its credit, it did become easier to deal with. . . .

    Then came a massive reorganization. Things weren't too bad for a while but they put in the Odgen, Utah Service Center, which is where many of the returns we file in this area are sent. Apparently, the center was staffed with personnel who had not had a lot of IRS training. Notices started loading the mails. The earliest and most notable problems involved the center sending out late filing notices because the center based its notices on the dates they received returns rather than postmarked dates.

    From that problem, things just seemed to deteriorate. I have had a few situations when we get a notice that says we changed your Schedule H, which is the tax for domestic employees. No explanation is furnished and repeated requests for explanation are not responded to. . . .

    The 1099 and K-1 matching program is a real moneymaker for practitioners as it generates a lot of fees for responding to IRS notices, which have no real merit. I am fortunate to have as clients a number of people who have numerous capital gain and loss transactions. These don't fit on the IRS forms, so we have to attach schedules. Sometimes, we might have 10, 20, 30 pages of schedules and just put the totals on the IRS forms. We just love to get the IRS notice that says we didn't report all of these transactions because their personnel did not refer to the attachment. <<<

    #2
    Good Article

    Thanks for posting the link. Needless to say I feel his pain. I can't work for free answering IRS notices. But it seems unfair to expect the taxpayer to pay considering that at least 85% of the CP-2000 notices I review are totally wrong. In many cases, as he notes, the information was included on the original return. The only thing lacking was a human to turn the page and look.
    In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
    Alexis de Tocqueville

    Comment


      #3
      We need two modifications of the tax penalty

      situation in the US. Don't hold your breath for either to happen.

      First, if you prevail as to one one penny the taxing agency asks for, the entire questioned return is free from ever being questioned. That includes any issues raised in the same notice or previous notices on which the taxing agency was completely correct.

      Second, to the extent that you prevail against a taxing agency the agency needs to pay some penalty. For example they could compensate you for your expenses in defending yourself or you could be for several years exempt from all taxes that would otherwise have been due to that agency.

      These reasonable measures will pass when pigs fly.

      Comment


        #4
        Originally posted by erchess View Post
        Second, to the extent that you prevail against a taxing agency the agency needs to pay some penalty.
        >>Great Britain's Inland Revenue is now forking out for causing taxpayers `worry, distress or botheration.'

        While most of the Revenue's compensation payments fall in the £50 to £2,000 range, the Revenue is known to have coughed up £50,000 to cover professional fees unnecessarily incurred by a company subjected to a tax investigation. The Revenue paid out a staggering £1.7 million for failing to achieve the high quality standards it sets itself in the year ended March 2000.

        The Revenue will also make payments for worry or distress in instances where the taxpayer is elderly or ill, or if personal information is divulged to a third party. Additionally, the Revenue offers compensation when it delays in dealing with a taxpayer's affairs or when it gets things seriously or persistently wrong.

        Aggrieved taxpayers should contact the Inland Revenue and obtain copies of the Revenue's Code of Practice (COP1 - 'Mistakes by the Inland Revenue') and The Redress Handbook, an internal instruction book on rectifying mistakes. Both offer excellent `hints and tips' for successful complaints.<<



        And just think -- our stupid immigrant Founding Fathers revolted AGAINST this form of government!

        Comment

        Working...
        X