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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2018 IRS WHISTLEBLOWER ANNUAL REPORT

2018 IRS WHISTLEBLOWER ANNUAL REPORT

The take away is while the IRS whistleblower program had a good year, there is much more to be accomplished by the IRS to the implement the 12 year old Whistleblower Program.  Changes must occur either voluntarily by the IRS in the administration of the IRS Whistleblower program, or statutorily by Congress enacting additional changes to the law (similar to the 2018 change) so that the intent of Congress is recognized by the IRS.

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