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IRS Criticized By Treasury Watchdog Over Liens, by Mike Godfrey, Tax-News.com, Washington
Monday, August 02, 2010
A new report released by the United States Treasury Inspector General for Tax Administration
(TIGTA) says that the Internal Revenue Service (IRS) has not always followed
statutory requirements regarding the timely notification of taxpayers when liens
are filed against them.
A federal tax lien is created on balance-due cases in which the taxpayer has
received a notice demanding payment and has neglected or refused to pay. The
IRS files a Notice of Federal Tax Lien (lien notice) to protect its claims against
taxpayers who owe delinquent taxes. These lien notices establish the IRS's priority
among secured creditors for the taxpayers' property.
The IRS must notify the affected taxpayers in writing, at their last known
address, within five business days of the lien filings. However, as noted in
previous TIGTA audits, the IRS has not always complied with this statutory requirement.
In addition, the IRS does not always follow its own internal guidelines for
timely notifying taxpayer representatives of the filing of lien notices. The
IRS does not have an automated process that updates taxpayer representative
information directly to the system that generates the lien notices.
"This is a serious matter," said J. Russell George, the TIGTA. "Because
of this problem, some taxpayers' rights to appeal the lien filings may have
been jeopardized, and others may have had their rights violated when the IRS
did not notify their representatives of the lien filings.”
The TIGTA recommended that the IRS should consult with its Office of Chief
Counsel and identify any actions necessary to correct the potential taxpayer
violations for the untimely lien notices and ensure compliance with undelivered
lien notices procedures.
IRS officials have agreed with all of the recommendations and are planning
corrective actions.
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