Monday, March 21, 2016

IRS Broke?

        The IRS is going bankrupt. Well, almost. The agency requested an increase in budget of $2 billion and got a measly $290 million. A drop in the proverbial bucket. So taxpayers and lawyers alike who deal with these folks can expect more delays and unanswered calls and letters from computers with no knowledge of the issues involved. IRS will also have some of its “we are friendlier” adverts and video productions curtailed as well as awards and bonuses for deserving employees. Not to come to their defense but just to put things in somewhat perspective, the F-35 the newest, sleekest, fastest, radar defying, bomb dropping do all flying war machine has a price tag of about $400 billion and will cost about $1 trillion before the program of about 2500 planes is ever up and running, The pilot’s helmet specially made for the F-35 costs about $250 thousand. Now to Sheridan. That is the New Jersey case that requires judges to forward matters to the IRS when there is a hint of tax goings on. As a practical matter can IRS address all the potential referrals from judges or is there something else going on here? Criminal tax investigations continue to slide as agents retire and IRS is restrained for budget reasons to hire more of them. Only 3,850 such criminal tax investigations were launched in all of 2015. Things have gotten so bad that the criminal division agents want to be moved out of IRS and into the Treasury itself. So how does the administration of the tax law go on with fewer agents to do it? The answer, that may be less than coincidental, is to make we lawyers deputies in the tax compliance business. And frankly that is where Sheridan may come in. No lawyer who is involved in litigation whether it be of the marital variety or an estate dispute or simple business litigation needs to add to his headache the potential for IRS involvement in their clients’ lives. So settlement may look a lot more attractive to the parties when the downside is a long and tortuous journey with IRS. So too may clients be willing to get right with their tax situations with little IRS involvement. Voila the tax administration system is preserved and all within budget.

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