IRS Whistleblowers’ Two (2) Biggest Misconceptions

IRS Whistleblowers’ Two (2) Biggest Misconceptions

Many whistleblowers incorrectly believe that (i) there must be fraud, and (ii) that the IRS can go back and audit as many years for which they have specific and credible information.

The first misconception is that fraud is required for the IRS to take action under the whistleblower program.  In fact, the IRS will pay an award for information that leads to an action (administrative or judicial) with respect to any underpayment of tax, including an innocent mistake by a taxpayer.  There does not need to be fraud; only the collection of proceeds as a result of the IRS action. 

The second misconception is that the IRS will go back as many years as necessary to enforce the law and collect the tax.  However, the statute of limitations prevents the IRS from auditing taxpayers after a set number of years have passed.

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IRS Whistleblower Program, if Properly Utilized by the IRS will Reduce the Tax Gap.

IRS Whistleblower Program, if Properly Utilized by the IRS will Reduce the Tax Gap.

The Internal Revenue Service (IRS) estimates that over the past 30 years, the tax gap has fluctuated in a narrow range—15 to 18 percent of total tax liability.  In 2016, the IRS provided data for 2008-2010, showing a tax gap of $458 billion.  For 2006 the tax gap is estimated to be $450 billion.

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IRS Whistleblower Program...The Need of a "Taint Review"

IRS Whistleblower Program...The Need of a "Taint Review"

Prior to working on any Whistleblower Claim, the IRS will conduct what is known as a “taint review.”  This review ensures good behavior by our government, and that in this case, it will ensure that the IRS is not encouraging Whistleblowers to provide information/documentation that would not otherwise be available to the IRS.  In fact, there is the possibility that the Court itself would throw out information/documents that should not have been available to the IRS or perhaps, even worse, throw out the entire action (i.e. audit) by the IRS if it is using tainted information from a whistleblower.

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