When Congress implemented its latest version of the IRS Whistle-Blower Program in 2006 and created the IRS Whistle-Blower Office, the thought was that this was going to provide huge incentives for people to come forward and lower the large tax gap that exists in this country’s voluntary tax system. While the money-mandating aspects of the new law were a much needed improvement on the prior, purely discretionary system utilized by the IRS, the new law seems to have failed in many respects. For starters, the new IRS whistle-blower law does not expressly protect IRS whistle-blowers from retaliation, nor does it prevent the IRS from continuing to employ means by which to avoid having to make any payment of any award. Concerns remain that some parts of the IRS view whistle-blowers as akin to skunks at a picnic. Whistle-blowers otherwise seeking to vindicate their perceived right to an award will soon find that privacy concerns for the targeted or identified taxpayer will greatly complicate pursuit of the same. On top of that, whistle-blowers must understand the significant risks that go into whistle-blowing activities. The whistle-blower must be able to withstand the adversity that comes from such activities and be prepared to defend against actions taken back against them by the taxpayers they have targeted. In the end, absent much needed reform, one may legitimately ask, is it worth it? At a minimum, it is imperative that those who do decide to come forward and blow the whistle to the IRS do so with their eyes wide open as to the risks of doing so, and not be blinded by the lure of a possible, but far-too-rare, award.
Agenda
Faculty
T. Scott Tufts, Esq.
CPLS, P.A.
- Senior Tax Counsel, CPLS, P.A. (d/b/a Private Corporate Counsel)
- Practice focuses on complex business, estate and trust and tax litigation
- Special emphasis on IRS forms that often lead to litigation
- Over 30 years of representation of taxpayers before the IRS and in litigating tax issues in the various courts
- Over 30 years of working with closely held partnership and other pass-through issues and impacts of the Schedule K-1
- Frequent speaker and host of Tufts on Tax podcast, discussing topics such as cryptocurrencies, corporate transparency, K-1s and IRS Form 8082, Form 1099-NEC, Form W-9, Form SS-8, as well as case law developments of interest
- Member of the Florida Bar; licensed in the states of Florida and North Carolina, and admitted to practice in various Federal courts, inclusive of the United States Tax Court and the Court of Federal Claims
- Board Certified in Tax Law, Florida Bar
- LL.M. degree in taxation, University of Miami School of Law; J.D. Degree, Wake Forest University School of Law; B.S. degree in accounting, Florida State University
- Can be contacted at [email protected] or (407-647-7887)
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