AICPA Criticizes Changes to IRS Dispute Resolution Process

When U.S. taxpayers find themselves in dispute with the Internal Revenue Service (IRS) they can face confusing processes, a rotating roster of agents and employees, and an often opaque decision making process that can make them feel outnumbered and intimidated. Recent changes to the IRS dispute resolution process have made those feelings even worse. Now the American Institute of Certified Public Accountants (AICPA) is speaking out about the changes.

AICPA Speaks Out In Congressional Subcommittee Hearing

The AICPA is made up of 418,000 accounting professionals in 143 countries. Members represent individuals, businesses, and non-profit organizations before federal, state, local, and international tax agencies, including the U.S. Internal Revenue Service (IRS). They are taxpayer advocates on the individual level, and occasionally, at the legislative level.

On September 13, 2017, Chastity K. Wilson, the Vice Chair of the AICPA's IRS Advocacy & Relations Committee, provided a written statement to the United States House of Representatives Committee on Ways and Means Subcommittee on Oversight. The hearing on "IRS Reform: Resolving Taxpayer Disputes" provided the AICPA an opportunity to criticize the recent changes to the IRS dispute resolution process — changes which the AICPA says erode taxpayer trust in the system and willingness to settle disputes without litigation.

Penalty Dispute Process Should Be Independent and Consistent

Wilson testified in her statement that penalty disputes received from the IRS are currently handled independently by each of the primary IRS divisions (Wage & Investment, Large Business & International, Small Business/Self-Employed and Tax-Exempt & Government Entities). The AICPA finds that the way these disputes are handled is inconsistent, partially due to the lack of training received by IRS personnel assigned to the penalty notices.

Perhaps because of this, the IRS routinely denies penalty disputes without full consideration of the taxpayer's technical arguments or reasonable cause submissions. This causes cases that could be easily resolved to escalate to the Appeals level. The AICPA recommended that the Appeals leadership review this process to identify necessary training, systemic problems, and duplication of efforts. The goal, it said, should be to ensure a consistent settlement process and reduce the number of Appeals, while ensuring taxpayers have an opportunity to present their case in a fair and independent manner.

IRS Appeals Changes Work Against Taxpayers

At the Appeals level, the October 2016 changes to its conference procedures have caused many taxpayers to distrust the penalty dispute process. The AICPA criticized the changes for:

• Allowing IRS representatives from outside the Appeals division to participate in and influence the appeals conferences
• Taking the right to request a face-to-face conference away from taxpayers, placing them at the Appeals officer's discretion
• Requiring Appeals Team Case Leaders to get approval of all settlements from an Appeals Team Manager not present at the conferences

These changes work against taxpayers in ways that the AICPA believes undercuts the dispute resolution process and is likely to lead to additional tax litigation. The presence and visible influence of IRS compliance employees causes taxpayers to question the Appeals officer's independence. Taxpayers feel outnumbered and pressured into a settlement they can't afford or wouldn't otherwise accept. By shifting the authorization of face-to-face meetings away from the taxpayers, the Appeals process denies them the opportunity to have their case presented and feel heard without prior judgment. Requiring approval of settlements slows down the Appeals process and undercuts the independence of the decision makers.

In addition, the AICPA noted that the settlements approved by the Appeals Team Managers tend to be less favorable to the taxpayer. Reviewers tend to only increase settlement amounts. This can cause taxpayers to end up paying more than they had negotiated in the Appeals conference.

Taken together, these changes put taxpayers at odds with the IRS Appeals team. Their negotiations will be colored by these perceptions. Taxpayers will more easily turn down settlement in favor of having their day in court.

AICPA Calls for "Customer-Focused" Service Across IRS Departments

In addition to criticizing the changes the IRS already made, the AICPA also had some recommendations of its own. They related to centralizing and modernizing the penalty dispute process, making it easier for taxpayer advocates to receive and transfer information about tax investigations. In an effort to make IRS services more "customer-focused", the AICPA recommended:

• Only initiating contact when the IRS is prepared to devote the necessary resources to resolve the matter in a proper and timely way
• Creating a new dedicated "executive-level" practitioner services unit to coordinate information received across departments and enhance the relationship between IRS agents and taxpayer representatives
• Providing tax practitioners access to all of their clients' information through a secure online portal (assuming a valid power of attorney (POA) is on file)
• Developing that online portal in a way that protects users' identities and responds to threats and possible security breaches
• Focusing highly-skilled employees into a robust practitioner priority hotline to address more complex technical and procedural issues
• Assigning a single point of contact, one customer service representative, to each geographic area

What the Oversight Committee will do with the information contained in the AICPA's written statement remains to be seen. However, Wilson's testimony was able to shine light on the frustrations of taxpayers dealing with the existing IRS penalty dispute process and the need for independence and consistency within the Appeals process.

Attorney Joseph R. Viola is a tax attorney in Philadelphia, Pennsylvania with over 30 years experience. If you have questions regarding a IRS penalty dispute or appeal, contact Joe Viola to schedule a consultation.