I got home the
other night and my old fashion answering machine was blinking. You know it’s
the kind you have to push a button to hear the message. Most cold callers when
they realize it is an answering machine simply hang up. But this message was a
long one and I listened to it several times. It was fun. Maybe we tax lawyers
look for a few laughs now and then in odd places. The guy on the line said he
was from IRS. He spoke firmly in a non-regional American accent. His message
was clear: a warrant had been issued for my arrest for back taxes which were
due. He conveniently mentioned no particular years or amounts. The earnestness
of his message was impressive. It ended with a phone number and a request that
I call immediately to avoid enforcement action, loss of my assets,
incarceration and financial penalties. It was perfect. It set the stage for
this Bar blurb. I was frankly tempted to call the number and pose as an Assistant
US attorney assigned to investigate the caller but realized that may in fact be
breaking the law. I considered also playing along with the scam and see how far
it would go. I didn’t do that either. I just let it be and relished the fact
that someone would call a former IRS agent, IRS tax lawyer, Chairman of the tax
committee with 43 years of experience in the tax litigation field and hope to
convince me to turn over financial information. How could these phony IRS guys
think that anyone would fall victim to their ploy? Well recently IRS Treasury
Inspector General for Tax Administration announced that his office had received
reports of 896,000 of such contacts since October 2013 and have become aware of
over 5000 victims who have collectively paid over $26.5 million as result of
the scam. In other words these phone scams work. There are also other varieties
of call that claim the taxpayer is entitled to a huge refund and then requests
Social Security and other financial information in order to process the
gigantic payout. The IRS Commissioner was quoted as saying: “We continue to say,
if you are surprised to be hearing from us, then you are not hearing from us.”
The IRS has included phone call tax scams on their 2016 dirty dozen list. So
let’s be clear about this. IRS will
never call to demand immediate payment or call about taxes owed without first
mailing a bill to a taxpayer. They will never demand payment without giving the
opportunity to question or appeal the amount they say is owed. In income tax
cases an elaborate procedure is provided before IRS can take a valid assessment
and bill for taxes owed. Some of these notices must be sent certified mail
return receipt requested. IRS would never require use of a specific method of
payment such as a prepaid debit card. IRS does not ask for credit or debit card
numbers over the phone. And though it sounds silly IRS will not and cannot
bring in local police or other law enforcement groups to arrest anyone for not
paying taxes. IRS suggests of course not giving out any information and hanging
up immediately on the phony call. They would also like taxpayers to report the
contact to the Treasury Inspector at 800-366-4484. They also remind taxpayers that
that if they do in fact owe taxes they should call IRS at 800-829-1040 or
perhaps their favorite tax lawyer. There you go. So any lawyer who receives one
of these calls may wish to have some fun with them and let me know how you make
out.
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