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subject: Criminal Taxes, What Is Happening With Them? [print this page]


According to a new report released by the Treasury Inspector General for Tax Administration (TIGTA), the Internal Revenue Service's Criminal Investigation Division (CID) may not be adequately managing its criminal tax cases pending in the prosecution pipeline at the Justice Department.

TIGTA has confirmed a steady increase in the number of cases in the prosecution pipeline since 2003 as well as the adverse impact that this elevated backlog has had on CID's resources. The number of criminal cases in the pipeline has risen over 43% since 2002 increasing to 3,915 from 2,733.

CID has taken the position that the pipeline's increase is the result of shifted operational priorities at the Justice Department including an emphasis on drug, currency and money-laundering cases as well as those with time constraints due to statutory limitations periods.

TIGTA Inspector General Russell George admitted that criminal tax cases do sometimes compete for attention against cases involving other high-profile felony charges and national security issues, but that their value in deterring criminal tax fraud is significant. George stated "Our review found that the Criminal Investigation Division can do its part to bring such matters to trial by adopting practices that will permit more strategic management of its caseload inventory."

TIGTA has made numerous recommendations to CID as to how they may more effectively manage their caseloads. They recommend that IRS create a structured oversight system to monitor and more effectively manage the pipeline process. They have also advised IRS to create a strategic management team to develop innovative policies and procedures to ensure that tax cases receive the required attention and resolution by the Justice Department.

The team would be tasked to develop additional techniques that refine performance measures for the pipeline and ensure that the Commissioner of the IRS receives the information necessary to have a clear depiction of the investigative resources devoted to prosecution pipeline inventory actions.

IRS has agreed to evaluate the creation of a structured oversight and coordination system to monitor and more effectively manage the prosecution pipeline process and to create a strategic team to determine methods by which improvements may be made to its pipeline inventory management system, but has stopped short of endorsing the remaining TIGTA recommendations.

One caveat is that we have seen an increase in criminal tax investigations and prosecutions since President Obama took office in January, 2009. This trend is expected to continue as the President executes his pledge to close the tax gap.

by: Jim Rizzolo




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