DOCSLIB.ORG

Penalty and Interest Provisions of the Internal Revenue Code

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Penalty and Interest Provisions of the Internal Revenue Code Report to The Congress on PENALTY AND INTEREST PROVISIONS OF THE INTERNAL REVENUE CODE Department of the Treasury Office of Tax Policy October 1999 I DEPARTMENT OF THE TREASURY WASHINGTON, D.C. 20220 The Honorable William Roth Chairman Committee on Finance U.S. Senate Washington, DC 20510 Dear Mr. Chairman: Section 3801 ofthe IRS Restructuring and Reform Act of 1998, Pub. L. No. 105-206, 112 Stat. 782 (July 22, 1998), requires the Treasury Department to conduct a study reviewing the administration and implementation by the Internal Revenue Service of the interest and penalty provisions ofthe Internal Revenue Code of 1986 ("Code"). Enclosed is our report ofthat study. As directed by Congress, the issues discussed include: (1) whether the penalty and interest provisions encourage voluntary compliance; (2) whether the provisions operate fairly; (3) whether the provisions are effective deterrents to undesired behavior; and (4) whether the provisions are designed in a manner that promotes efficient and effective administration by the Internal Revenue Service. This report makes a number of recommendations regarding the penalty and interest provisions designed to foster compliance without undue burden or complexity. The Treasury Department's report on corporate tax shelters issued on July 1, 1999 contains a discussion and recommendations with respect to penalty provisions pertaining to corporate tax shelters. I am sending a similar letter to Senator Moynihan Sincerely, Jonathan Talisman Deputy Assistant Secretary (Tax Policy) Enclosure DEPARTMENT OF THE TREASURY WASHINGTON, D.C. 20220 The Honorable Bill Archer Chairman Committee on Ways and Means U.S. House ofRepresentatives Washington, DC 20515 Dear Mr. Chairman: Section 3801 of the IRS Restructuring and Reform Act of 1998, Pub. L. No. 105-206, 112 Stat. 782 (July 22, 1998), requires the Treasury Department to conduct a study reviewing the administration and implementation by the Internal Revenue Service of the interest and penalty provisions of the Internal Revenue Code of 1986 ("Code"). Enclosed is our report of that study. As directed by Congress, the issues discussed include: (1) whether the penalty and interest provisions encourage voluntary compliance; (2) whether the provisions operate fairly; (3) whether the provisions are effective deterrents to undesired behavior; and ( 4) whether the provisions are designed in a manner that promotes efficient and effective administration by the Internal Revenue Service. This report makes a number of recommendations regarding the penalty and interest provisions designed to foster compliance without undue burden or complexity. The Treasury Department's report on corporate tax shelters issued on July 1, 1999 contains a discussion and recommendations with respect to penalty provisions pertaining to corporate tax shelters. I am sending a similar letter to Mr. Rangel. Sincerely, 1N~?~ Jon'athan Talisman Deputy Assistant Secretary (Tax Policy) Enclosure TABLE OF CONTENTS INTRODUCTION 1 EXECUTIVE SUMMARY 2 I. Scope of Study 11 A. Legislative Mandate 11 B. Solicitation of Public Comments 11 C. Methodology of Study 12 D. General Policy Considerations 16 II. Overview of Major Penalty and Interest Provisions 18 A. Penalties 19 1. 1954 19 2. 1955-1974 21 3. 1975-1988 22 4. 1989 25 5. 1990 to the present 28 B. Interest 32 III. Criteria For Evaluation of Penalties and Interest 35 A. Penalties 35 B. Interest 40 C. Burden 45 IV. Data on Taxes, Penalties and Interest 46 A. Tax, Penalty and Interest Revenue 48 B. Penalties Assessed 51 C. Penalties Assessed and Abated 52 D. Penalties and Interest Written Off 54 E. Risk Profiles of Delinquent Taxpayers 57 v V. Analysis of Specific Penalty Provisions 59 A. Failure to File Penalty 59 1. Present-law penalty 61 2. Historical background 63 3. Comparison with state law failure to file penalties 63 4. Analysis 63 B. Failure to Pay Penalty 68 1. Present-law penalty 68 2. Historical background 71 3. Comparison with state law failure to pay penalties 71 4. Analysis 72 C. Penalties for Failure to Pay Estimated Tax 75 1. Estimated tax payment rules 75 a. Individuals 75 b. Corporations 77 2. Additions to Tax for Failure to Pay Estimated Tax 78 a. Individuals 78 b. Corporations 79 3. Historical background 80 a. Individuals 80 b. Corporations 80 4. Analysis 81 D. Deposit Penalties 89 1. Present-law penalty 90 2. Historical background 92 3. Analysis 92 vi E. Accuracy-Related and Preparer Penalties 97 1. Present-law penalties 98 a. Accuracy-related penalties 98 b. Preparer penalties 101 2. Historical background 104 3. Analysis 105 VI. Interest Provisions 112 A. Present-law interest provisions 112 1. Underpayment interest 113 2. Overpayment interest 113 3. Interest rates 115 4. Interest equalization 116 B. Analysis 120 VII. Abatements of Penalties and Interest 125 A. Penalties 125 B. Interest 128 1. Present law 128 2. Historical background 132 3. Analysis 133 VIII. Other Penalties 137 A. Frivolous Return Penalty 137 B. Penalties Relating to Employee Plans/ Benefits 138 1. Present law 138 2. Analysis 139 vii Tables 1 through 6 - Tax, Penalty and Interest Payments 143 Appendix A - Principal Additions to Tax and Civil Tax Penalties 149 Appendix B - Sample of State Law Penalty and Interest Provisions 163 viii INTRODUCTION This study was conducted by the Treasury Department with respect to the penalty and interest provisions of the Internal Revenue Code of 1986,1 pursuant to section 3801 of the IRS Restructuring and Reform Act of 1998 (“RRA 1998”).2 The first part of this report contains an executive summary, setting forth the Treasury Department’s key recommendations with respect to the penalty and interest provisions of the Code. The executive summary is followed by the text of the report. The text delineates (1) the scope of the study; (2) the historical context of the present-law penalty and interest provisions; (3) the criteria relevant to evaluation of the penalty and interest provisions; (4) data on taxes, penalties and interest; (5) analysis and recommendations with respect to specific penalty and interest provisions; and (6) analysis and recommendations with respect to penalty and interest abatement provisions. Attached as appendices are (1) a compendium of the penalty and interest provisions of the Code (Appendix A); and (2) a summary of state income tax penalty and interest provisions for a sample of states (Appendix B). 1 Unless otherwise specified, references in this report to the “Code” refer to the Internal Revenue Code of 1986, as amended. 2 Pub. L. No. 105-206, 112 Stat. 782 (1998). 1 EXECUTIVE SUMMARY I. Purpose Section 3801 of the IRS Restructuring and Reform Act of 1998 (“RRA 1998”) directs the Secretary of the Treasury to undertake a study of the penalty and interest provisions of the Code. The study is to review the administration and implementation of those provisions and make any legislative and administrative recommendations deemed appropriate to simplify penalty or interest administration and reduce taxpayer burden. The Treasury Department, in consultation with the IRS and interested parties, has conducted its study and this report presents its analysis and recommendations. II. Legislative Recommendations Difficult balances must be struck to achieve a fair and effective system of sanctions involving different taxpayers and diverse causes for noncompliance. The overarching objectives are to foster and maintain a high degree of voluntary compliance, encourage taxpayers to promptly resolve noncompliance problems with the IRS, and impose a system of sanctions that is sufficient to discourage intentional noncompliance without imposing undue burden and complexity on taxpayers whose noncompliance is due to other factors. The penalty and interest regime also cannot be evaluated in isolation; it is one important facet of a complex and interactive system of tax collection mechanisms. The study also addresses the important distinction between penalties as sanctions and interest as compensation for the use of money, a distinction that presents difficult analytical issues and administrative considerations. Treasury also was mindful that the behavioral impact of significant changes in the penalty and interest regime cannot be predicted with precision and believes that caution is appropriate in making recommendations for change. Accordingly, Treasury makes the following legislative recommendations with respect to the penalty and interest provisions of the Code:3 3 Proposed effective dates are not provided with these recommendations, and would be contingent on IRS implementation and other considerations. 2 Penalties for Failure to File Returns and Failure to Pay Treasury recommends that the failure to file and failure to pay penalties be restructured to eliminate the frontloading of the failure to file penalty and to impose a higher failure to pay penalty than under current law. The frontloading of the failure to file penalty under current law in the first five months of a filing delinquency does not provide a continuing incentive to correct filing failures and imposes additional financial burden on taxpayers whose filing lapse may be coupled with payment difficulties so as to impede compliance. The filing obligation is of paramount importance to the tax system, but imposition of a severe penalty in the first five months of a filing delinquency appears incongruent with the availability of automatic extensions of time to file. Treasury proposes, accordingly, that the failure to file penalty be restructured to impose a lower penalty rate over a longer period of time, up to the current-law maximum amount. The current-law higher penalty for fraudulent failures to file, however, would be maintained. This proposal would maintain a failure to file penalty to encourage timely filing, but not impose as significant a financial burden as under current law for a filing lapse of short duration, while providing a continuing incentive for delinquent filers to correct a filing lapse of longer duration. The failure to pay penalty should provide appropriate incentives to taxpayers to correct a payment delinquency and, if necessary, arrange for payment under various payment programs that the IRS makes available.
Load more

Recommended publications
  • Introduction
    Most Litigated Legislative Most Serious Appendices Case Advocacy Issues Recommendations Problems Introduction to International Issues: Compliance Challenges Increase International Taxpayers’ Need for IRS Services and May Undermine the Effectiveness of IRS Enforcement Initiatives in the International Arena Introduction to International Issues: Compliance Challenges Increase International Taxpayers’ Need for IRS Services and May Introduction Undermine the Effectiveness of IRS Enforcement Initiatives in the International Arena WHY ADDRESS TAX ISSUES FACING INTERNATIONAL TAXPAYERS? In recent years, globalization has pushed an increasing number of taxpayers (including small- and medium-sized businesses and individuals) to seek economic opportunities abroad.1 It also has increased competition among tax administration agencies for tax bases and sources of revenue. The revenue generated depends on governments’ administrative capacities to collect taxes, and more importantly, on taxpayers’ willingness and ability to comply. For this reason, 40 economies made it easier to pay taxes last year.2 In contrast, a recent World Bank report ranks the United States 66th in time spent to comply and 62nd in the ease of paying taxes among 183 countries surveyed.3 International taxpayers who are subject to complex U.S. tax rules and reporting require­ ments can be grouped into four categories: ■■ U.S. individuals working, living, or doing business abroad; ■■ U.S. entities doing business abroad; ■■ Foreign individuals working or doing business in the U.S.; and ■■ Foreign entities doing business in the U.S.4 The complexity of international tax law, combined with the administrative burden placed on these taxpayers, creates an environment where taxpayers who are trying their best to comply simply cannot.
    [Show full text]
  • December 31, 2003 2003
    2003 Publication 2104 (Rev. 12-2003) Catalog Number 23655L December 31, 2003 2003 INTERNAL REVENUE SERVICE This report is dedicated to Bob Wenzel who, over the course of his forty year career with the IRS, most recently as Acting Commissioner, was able to successfully balance being a tax administrator par excellence and having compassion for the ordinary taxpayer. PREFACE PREFACE Honorable Members of Congress, It is my pleasure to submit to you for your review the National Taxpayer Advocate’s 2003 Annual Report to Congress. Three themes are evident throughout this report. First, Congress and the IRS must act quickly and decisively to address several extremely serious problems confronting taxpayers. Second, IRS resources must be applied in a way that achieves a reasonable balance between enforcement activity, on the one hand, and cus- tomer service and taxpayer rights, on the other. Third, Congress and the IRS need to undertake more thorough research to ensure that legislative and administrative responses to perceived problems in tax administration are rooted in fact rather than impression or anecdote, and that initiatives actually achieve what they are designed to accomplish. As required by statute, this report identifies and discusses 20 of the most serious problems encountered by taxpayers. The problem that I believe requires the most immediate and thorough response is the growing reach of the individual Alternative Minimum Tax. This problem is looming over all of us – taxpayers, Congress, the IRS. In the years to come, the IRS will be faced with applying resources to make adjustments to the returns of increasing numbers of taxpayers who were unaware that they, too, “won” the AMT lot- tery.
    [Show full text]
  • Settling Tax Debt with the IRS
    Settling Tax Debt with the IRS This self-study course provides an overview of the major tools that can be used to settle tax debts with the Internal Revenue Service, including Offers in Compromise and Installment Agreements. It also provides an overview of how the IRS enforces payment of federal taxes, including seizing the property of delinquent taxpayers. This basic tax course does not require any prerequisites and may be taken by anyone; however, we recommend this course for existing tax preparers. This course qualifies for 8 CE credits in IRS Federal Tax Law. Settling Tax Debt with the IRS | Page 1 TABLE OF CONTENTS Chapter 1: Introduction To Settling With The IRS ..................................................................... 4 I. Course Overview ................................................................................................................. 4 II. Overview Of IRS Fresh Start Initiative ............................................................................... 6 Chapter 2: The IRS Collection Process ..................................................................................... 10 I. Fresh Start Changes .......................................................................................................... 10 II. Process And Procedures For Appeals, Seizure, And Levy ................................................ 11 Chapter 3: Installment Agreements ......................................................................................... 19 I. Overview ..........................................................................................................................
    [Show full text]
  • Ten of the Top Estate Planning Traps for the Unwary Planner
    Presentation Ten of the Top Estate Planning Traps for the Unwary Planner Presented by Kenneth W. Kingma and William R. Wright at the Michigan Institute of Continuing Legal Education, 2005 Kenneth W. Kingma 314.480.1631 [email protected] Table of Contents Trap No. 1 - Failure to Properly Draft Tax 1 Apportionment Clauses Trap No. 2 - Failure to Assist the Client in 13 !"#$&'()*+,'-."'/00 2$" '50$&"$' Consistent with a Prenuptial or Postnuptial ,&0090'' $;'"'5$ 20'50200 Trap No. 3 - Failure to Avoid “Substitute 20 Gifts” ="'?@'A'B'C"$.0''+02$".. ',..2"0'*)5 23 Trap No. 5 - Failure to Plan for Charitable 26 Pledges Trap No. 6 - Failure to Coordinate Planning 28 5290' $;'E*-,, ="'?@'F'B'C"$.0''-."'G'H20"$ 32 ="'?@'I'B'C"$.0''J9. ' $;'J$2."' 36 230 ="'?@'K'B'C"$.0''L"2;'G'M"..00$' 38 ,.$2"$ Trap No. 10 - Failures in Trust Funding 40 Exhibits Exhibit A - Authorization Requirements 46 Exhibit B - Personal Representative 47 ' ( ;$O$'J'B'E0".;'*G9"$')0.0"0 49 Exhibit D - Options 51 Exhibit E - Joint Tenants 52 ' ( ;$O$'C'B'502.""$'G'P 0;$ 53 Husch Blackwell LLP | i Trap No. 1 - Failure to Properly Draft Tax Apportionment Clauses Introduction Tax apportionment clauses in estate plans are very important and present a significant trap for the unwary planner. These clauses dictate which beneficiaries will bear taxes imposed by reason of a client’s death. To adequately prepare such clauses, the planner must ask the right questions and gather sufficient information regarding the client’s property interests, family history and estate planning goals.
    [Show full text]
  • CE Board of Accountancy Course List
    09/26/2021 1:03:34AM CE Board of Accountancy Course List Lic Type: CPA CE Course 360 ADVANCED, INC. 0007690 Phone: 866-418-1708 Email: [email protected] 32416970 200 CENTRAL AVENUE SUITE 2100 ST. PETERSBURG FL 33701 Course: 0024418 ENGAGING WITH CLIENTS-INTERVIEWING Hrs: 1.50 Lic#: 23822 Expire: 06/09/2023 Accounting & Auditing Subjects TECHNIQUES 1.5AA Course: 0024819 MAXIMIZING YOUR LINKEDIN ACCOUNT Hrs: 2.00 Lic#: 24215 Expire: 09/22/2023 Technical Business Course: 0024950 HITRUST Hrs: 2.00 Lic#: 24341 Expire: 11/19/2023 Accounting & Auditing Subjects 2AA Course: 0026120 GLOBAL WORK PLAN Hrs: 1.00 Lic#: 25460 Expire: 02/22/2025 Accounting & Auditing Subjects Course: 0026217 UNDERSTANDING SOC REPORT AND COTROL COMP Hrs: 2.00 Lic#: 25554 Expire: 03/24/2025 Accounting & Auditing Subjects 2AA Course: 0026248 ANNUAL TRAINING KEYS AROUND OUR GUIDING Hrs: 6.50 Lic#: 25585 Expire: 04/21/2025 Behavioral Technical Business 1 D:\SAP BusinessObjects\SAP BusinessObjects Enterprise XI 4.0\Data\procSched\BPRTLBO01.JobServer2\~tmp35e8b5bcc083e40.rpt CE Board of Accountancy Course List Course: 0026274 ENGAGEMENT PLAYBOOKS Hrs: 2.00 Lic#: 25608 Expire: 05/02/2025 Accounting & Auditing Subjects Course: 0026722 PREPPING FIELDWORK MEMOS / EFFECTIVE CLI Hrs: 2.00 Lic#: 26033 Expire: 09/14/2025 Accounting & Auditing Subjects ADVANCED PENSION PROGRAMS, INC 0006679 Phone: 310-980-2509 Email: [email protected] 27770047 686 NORMANDY #0 DELRAY BEACH FL 33484 Course: 0020570 MAXIMIZING INCOME TAX DEFERRAL WITH Hrs: 8.00 Lic#: 20188 Expire: 01/28/2020
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION Vol. 143 WASHINGTON, TUESDAY, APRIL 8, 1997 No. 40 House of Representatives The House met at 12:30 p.m. cents per 25-pound container would be ico. Given the disgustingly filthy con- f imposed. ditions on many Mexican farms, this Unfortunately, Mr. Speaker, thanks sort of incident should come as no sur- MORNING HOUR DEBATES to the drastic devaluation of the peso prise to anyone. Daily, thousands of The SPEAKER. Pursuant to the this tariff has been rendered entirely trucks enter our country from Mexico order of the House of May 12, 1995, the useless. Given the devaluation of the and our customs agents, border guards, Chair will now recognize Members from peso, Mexican growers have enormous and Food and Drug Administration of- lists submitted by the majority and incentive to sell as much of their prod- ficials make only token efforts to in- minority leaders for morning hour de- uct in America as they possibly can, spect the produce flooding in from bates. The Chair will alternate recogni- and the so-called safeguard tariff provi- Mexico. tion between the parties, with each sions have done absolutely nothing to So under NAFTA as it is now being party limited to not to exceed 30 min- stop the flood of Mexican produce into implemented, American consumers are utes, and each Member except the ma- the United States market. jority and minority leaders limited to Second, protection for U.S.
    [Show full text]
  • EFTPS Financial Institution Handbook
    ELECTRONIC FEDERAL TAX PAYMENT SYSTEM FINANCIAL INSTITUTION HANDBOOK Your guide to federal tax payment services. This handbook is designed to help you assist business and individual customers with their federal tax payments. The Electronic Federal Tax Payment System (EFTPS), a free service of the U.S. Department of the Treasury, can be used to pay any federal tax. EFTPS is the world’s largest tax collection system and includes phone and Internet options. Federal taxes may also be paid via Fedwire®. Since fees are involved, this option is typically used as a backup for ACH transactions or when a taxpayer needs to make a deposit on the due date. CONTENTS SECTION NAME PAGE Customer-Initiated Payments .................................................... 1 ACH Credit for Business Payments .................................................... 3 Federal Tax Collection Service (same-day wire) .................................................... 8 International Tax Payments .................................................... 13 Trusted Partner Interface .................................................... 18 IRS Tax Forms and Tables .................................................... 19 Same-Day Taxpayer Worksheet .................................................... 25 CUSTOMER-INITIATED PAYMENTS The Electronic Federal Tax Payment System (EFTPS) provides convenient, free ACH Debit services 24/7, 365 days a year. Your customers can schedule their own payments via EFTPS.gov or with the EFTPS voice response system if they have enrolled. Payments
    [Show full text]
  • A Closer Look
    GLOBAL TAX WEEKLY ISSUE 95 | SEPTEMBER 4, 2014 a closer look SUBJECTS TRANSFER PRICING INTELLECTUAL PROPERTY VAT, GST AND SALES TAX CORPORATE TAXATION INDIVIDUAL TAXATION REAL ESTATE AND PROPERTY TAXES INTERNATIONAL FISCAL GOVERNANCE BUDGETS COMPLIANCE OFFSHORE SECTORS MANUFACTURING RETAIL/WHOLESALE INSURANCE BANKS/FINANCIAL INSTITUTIONS RESTAURANTS/FOOD SERVICE CONSTRUCTION AEROSPACE ENERGY AUTOMOTIVE MINING AND MINERALS ENTERTAINMENT AND MEDIA OIL AND GAS COUNTRIES AND REGIONS EUROPE AUSTRIA BELGIUM BULGARIA CYPRUS CZECH REPUBLIC DENMARK ESTONIA FINLAND FRANCE GERMANY GREECE HUNGARY IRELAND ITALY LATVIA LITHUANIA LUXEMBOURG MALTA NETHERLANDS POLAND PORTUGAL ROMANIA SLOVAKIA SLOVENIA SPAIN SWEDEN SWITZERLAND UNITED KINGDOM EMERGING MARKETS ARGENTINA BRAZIL CHILE CHINA INDIA ISRAEL MEXICO RUSSIA SOUTH AFRICA SOUTH KOREA TAIWAN VIETNAM CENTRAL AND EASTERN EUROPE ARMENIA AZERBAIJAN BOSNIA CROATIA FAROE ISLANDS GEORGIA KAZAKHSTAN MONTENEGRO NORWAY SERBIA TURKEY UKRAINE UZBEKISTAN ASIA-PAC AUSTRALIA BANGLADESH BRUNEI HONG KONG INDONESIA JAPAN MALAYSIA NEW ZEALAND PAKISTAN PHILIPPINES SINGAPORE THAILAND AMERICAS BOLIVIA CANADA COLOMBIA COSTA RICA ECUADOR EL SALVADOR GUATEMALA PANAMA PERU PUERTO RICO URUGUAY UNITED STATES VENEZUELA MIDDLE EAST ALGERIA BAHRAIN BOTSWANA DUBAI EGYPT ETHIOPIA EQUATORIAL GUINEA IRAQ KUWAIT MOROCCO NIGERIA OMAN QATAR SAUDI ARABIA TUNISIA LOW-TAX JURISDICTIONS ANDORRA ARUBA BAHAMAS BARBADOS BELIZE BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS COOK ISLANDS CURACAO GIBRALTAR GUERNSEY ISLE OF MAN JERSEY LABUAN LIECHTENSTEIN
    [Show full text]
  • Supreme Court of the United States
    No. ______ IN THE Supreme Court of the United States NATIONAL FEDERATION OF INDEPENDENT BUSINESS, KAJ AHLBURG, AND MARY BROWN, Petitioners, v. KATHLEEN SEBELIUS, ET AL., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit APPENDIX TO PETITION FOR A WRIT OF CERTIORARI KAREN R. HARNED MICHAEL A. CARVIN EXECUTIVE DIRECTOR Counsel of Record NFIB SMALL BUSINESS GREGORY G. KATSAS LEGAL CENTER C. KEVIN MARSHALL 1201 F St. NW HASHIM M. MOOPPAN Suite 200 JONES DAY Washington, DC 20004 51 Louisiana Ave. NW Washington, DC 20001 (202) 879-3939 [email protected] Counsel for Petitioners (Additional Counsel Listed on Inside Cover) RANDY E. BARNETT CARMACK WATERHOUSE PROFESSOR OF LEGAL THEORY GEORGETOWN UNIV. LAW CENTER 600 New Jersey Ave. NW Washington, DC 20001 TABLE OF CONTENTS Page APPENDIX A: Opinion of the United States Court of Appeals for the Eleventh Circuit ....... 1a APPENDIX B: Opinion of the United States District Court for the Northern District of Florida (Jan. 31, 2011) .................................. 286a APPENDIX C: Opinion of the United States District Court for the Northern District of Florida (Oct. 14, 2010) .................................. 384a APPENDIX D: Order of the United States District Court for the Northern District of Florida (Mar. 3, 2011) ................................... 468a APPENDIX E: Constitutional and Statutory Provisions Involved ....................................... 494a 1a APPENDIX A [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE
    [Show full text]
  • The IRS Research Bulletin
    The IRS Research Bulletin Proceedings of the 2019 IRS / TPC Research Conference Research, Applied Analytics & Statistics Publication 1500 (Rev. 6-2020) Catalog Number 11546J Department of the Treasury Internal Revenue Service www.irs.gov IRS Research Bulletin Papers given at the 9th Annual Joint Research Conference on Tax Administration Cosponsored by the IRS and the Urban-Brookings Tax Policy Center Held at the Urban Institute Washington, DC June 20, 2019 Compiled and edited by Alan Plumley* Research, Applied Analytics, and Statistics, Internal Revenue Service *Prepared under the direction of Barry W. Johnson, Acting Chief Research and Analytics Officer IRS Research Bulletin iii Foreword This edition of the IRS Research Bulletin (Publication 1500) features selected papers from the IRS-Tax Policy Center (TPC) Research Conference held at the Urban Institute in Washington, DC, on June 20, 2019. Conference presenters and attendees included researchers from many areas of the IRS, officials from other Government agencies, and academic and private sector experts on tax policy, tax administration, and tax compliance. In addition to those who attended in person, many participated live online, as the TPC broadcast video of the proceedings over the Internet. The videos are archived on their Website to enable additional participation. Online viewers participated in the discussions by submitting questions via e-mail as the sessions proceeded. The conference began with welcoming remarks by Eric Toder, Co-Director of the Tax Policy Center, and by Barry Johnson, the Acting IRS Chief Research and Analytics Officer, who introduced a short video welcome from IRS Commissioner Charles Rettig. The remainder of the conference included sessions on estimating the effects of tax administration on compliance, the influence of external factors on compliance, improving the digital taxpayer experience, and understanding the drivers of taxpayer behavior.
    [Show full text]
  • Estimated Future Tax Evasion Under the Income Tax and Prospects for Tax Evasion Under the Fairtax: New Perspectives
    Estimated Future Tax Evasion under the Income Tax and Prospects for Tax Evasion under the FairTax: New Perspectives By Richard J. Cebula, Ph.D., Walker/Wells Fargo Endowed Chair in Finance, Jacksonville University (FL) Fiorentina Angjellari -Dajci, Ph.D., Florida State College at Jacksonville March 1, 2017 Abstract Using a variety of data sources in this study we estimate both the Individual Income Tax Gap and the Gross Tax Gap for years 2017 through 2026. According to IRS estimates, currently, actual income tax non-compliance (evasion) rates are above 16%. Those who don’t pay what they owe in taxes, ultimately shift the tax burden to those who properly meet their tax obligations. Our estimated Gross Tax Gap for the period 2017 through 2026 lies within the range of $6.24 trillion (based on a growth rate that matches the average inflation rate) to $9.17 trillion (based on the historical growth rate of the Gross Tax Gap). Furthermore, our estimates indicate that the average household will be assessed a de facto annual “surtax” that lies in a range between $4,276 to $8,526 annually (in current dollars) from 2017-2026. This annual “surtax” will enable the federal government to raise the same level of revenue it would collect if all taxpayers were to report their income and pay their taxes in full. Moreover, the estimated ten- year gross tax burden for the average household from 2017-2026 lies in a range between $46,623 and $68,328 and is comparable in size to both the annual median and annual mean U.S.
    [Show full text]
  • Report-Penalty-Interest-Provisions-1999.Pdf
    TABLE OF CONTENTS INTRODUCTION 1 EXECUTIVE SUMMARY 2 I. Scope of Study 11 A. Legislative Mandate 11 B. Solicitation of Public Comments 11 C. Methodology of Study 12 D. General Policy Considerations 16 II. Overview of Major Penalty and Interest Provisions 18 A. Penalties 19 1. 1954 19 2. 1955-1974 21 3. 1975-1988 22 4. 1989 25 5. 1990 to the present 28 B. Interest 32 III. Criteria For Evaluation of Penalties and Interest 35 A. Penalties 35 B. Interest 40 C. Burden 45 IV. Data on Taxes, Penalties and Interest 46 A. Tax, Penalty and Interest Revenue 48 B. Penalties Assessed 51 C. Penalties Assessed and Abated 52 D. Penalties and Interest Written Off 54 E. Risk Profiles of Delinquent Taxpayers 57 v V. Analysis of Specific Penalty Provisions 59 A. Failure to File Penalty 59 1. Present-law penalty 61 2. Historical background 63 3. Comparison with state law failure to file penalties 63 4. Analysis 63 B. Failure to Pay Penalty 68 1. Present-law penalty 68 2. Historical background 71 3. Comparison with state law failure to pay penalties 71 4. Analysis 72 C. Penalties for Failure to Pay Estimated Tax 75 1. Estimated tax payment rules 75 a. Individuals 75 b. Corporations 77 2. Additions to Tax for Failure to Pay Estimated Tax 78 a. Individuals 78 b. Corporations 79 3. Historical background 80 a. Individuals 80 b. Corporations 80 4. Analysis 81 D. Deposit Penalties 89 1. Present-law penalty 90 2. Historical background 92 3. Analysis 92 vi E. Accuracy-Related and Preparer Penalties 97 1.
    [Show full text]