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TIGTA Semiannual Report to Congress, April 1, 2023 through September 30, 2023

Summary

The Semiannual Report to Congress of the Treasury Inspector General for Tax Administration (TIGTA) for April 1, 2023 – September 30, 2023, opening with a message from Acting Inspector General Heather M. Hill. The message refers to the almost $78 billion in supplemental funding the IRS received from the Inflation Reduction Act through September 30, 2031, and the $403 million TIGTA received. For the period, the Office of Audit issued 47 reports, the Office of Inspections and Evaluations 9 reports and the Office of Investigations completed 1,054 investigations, with monetary benefits totaling more than $6.8 billion. A footnote states that approximately $1.4 billion in IRA funding was later rescinded under the Fiscal Responsibility Act of 2023. Highlighted reports include IRS processes for examining presidential tax returns.

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“TIGTA Semiannual Report to Congress, April 1, 2023 through September 30, 2023.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/report-tigta-semiannual-report-to-congress-sep2023-37bad5b57d/, SHA-256 ef5446d62a80daa57558d3f3a7c5cde6ed49c23302e5162704fb79a21996a8db.

Full text

4│ April 1, 2023 – September 30, 2023
         Acting Inspector General’s Message to Congress
In this Semiannual Report to Congress, I am pleased to share
some accomplishments the Treasury Inspector General for Tax
Administration (TIGTA) achieved during the April 1 through
September 30, 2023, reporting period. Several of the
accomplishments include TIGTA’s work providing oversight of
the Internal Revenue Service (IRS) and the almost $78 billion
in supplemental funding the IRS received from the Inflation
Reduction Act (IRA) through September 30, 2031. 1

With IRA funding lasting for eight more years, TIGTA’s work
and reporting will be ongoing. We will use the $403 million
in supplemental IRA funding that we received to continue our
enhanced oversight of the IRS’s taxpayer services,
enforcement, operations support, business systems
modernization, and reporting requirements. Supplemental
funds will also help support TIGTA’s business operations.

We especially want to draw attention to the IRA section of this semiannual report. This
section highlights several audit reports and evaluations completed during this reporting
period. Two of the reports highlighted discuss IRA interim results and the IRS’s efforts to show
improvements during the 2023 Filing Season. Other IRA reports highlighted call for the IRS to
take action on Taxpayer Assistance Centers and the information they provide to taxpayers;
encourage the IRS to leverage in-house training for revenue agents examining high-income
taxpayers; and assess the IRS’s audit selection process for the Qualified Plug-In Electric Drive
Motor Vehicle Credit. As we move forward, we plan to share ongoing IRA oversight efforts in
our semiannual reporting to Congress and on TIGTA.gov.

Highlights From This Reporting Period

For this reporting period, our Office of Audit issued 47 reports; Office of Inspections and
Evaluations issued 9 reports; and Office of Investigations completed 1,054 investigations.
TIGTA’s combined audit and investigative efforts resulted in the recovery, protection, and
identification of monetary benefits totaling more than $6.8 billion.

Additional highlights from our audit and evaluation work include reports that address
improving taxpayer services, IRS efforts to hire employees to conduct audits of high earners
and large businesses, protection of taxpayer data, and IRS processes for examining
presidential tax returns.




1 The IRS received approximately $79.4 billion in supplemental funding from the Inflation Reduction Act of 2022 (Pub. L. No.

117-169, 136 Stat. 1818). Approximately $1.4 billion in IRA funding was later rescinded under the Fiscal Responsibility Act
of 2023 (Pub. L. No. 118-5, 137 Stat. 10). The available IRA supplemental funding was reduced to approximately $78 billion.


                                                                         April 1, 2023 – September 30, 2023            │3
Our investigative highlights include several cases that involve persons sentenced for schemes
to defraud the IRS, commit identity theft, and impersonate an IRS representative. In one such
scheme, in the District of Arizona, a woman was arrested for conspiracy to defraud, theft of
public money, and conspiracy to commit money laundering, transferring more than
$2.5 million in fraudulent 2019 tax refunds to obtain Bitcoin. 2

We remain vigilant in our efforts to oversee how the IRS spends IRA funds and implements
programs resulting from the increased funding. We are committed to working with Congress,
the Administration, the IRS, and other stakeholders to ensure the effective and efficient
administration of our Nation’s tax system.

                                                      Sincerely,



                                                      Heather M. Hill
                                                      Acting Inspector General




2 Facts in the summarized case narrative come from court documents of the jurisdiction named.




4│ April 1, 2023 – September 30, 2023
                                                       Table of Contents
Acting Inspector General’s Message to Congress ...............................................................................                             3

TIGTA’s Profile ........................................................................................................................................   7
      Statutory Mandate .......................................................................................................................            7
      Organizational Structure .............................................................................................................               8
      Authorities ....................................................................................................................................     8

Inflation Reduction Act Oversight Activities ..........................................................................................                    9

Promote the Economy, Efficiency, and Effectiveness of Tax Administration .....................................                                             13
     Improving Taxpayer Service .......................................................................................................                    14
     Protecting Taxpayer Data and IRS Resources ..........................................................................                                 16
     Administering Tax Law Changes ................................................................................................                        18
     Increasing Domestic and International Tax Compliance and Enforcement ...........................                                                      19

Advance Oversight of America’s Tax System........................................................................................ 22

Protect the Integrity of Tax Administration ...........................................................................................                    27
      The Performance Model ..............................................................................................................                 27
      Performance Area: Employee Integrity .......................................................................................                         28
      Performance Area: Employee and Infrastructure Security........................................................                                       29
      Performance Area: External Attempts to Corrupt Tax Administration ......................................                                             31

Investigations Statistical Reports .........................................................................................................               35
      Significant Investigative Achievements......................................................................................                         35
      Summary of Investigative Reports and Criminal Referrals .......................................................                                      37
      Summary of Activity Relating to Complaints of Human Trafficking ..........................................                                           37
      Interference .................................................................................................................................       37
      Instances of Whistleblower Retaliation ......................................................................................                        37
      Closed Investigations Involving IRS Senior Government Employees .......................................                                              38

Audit Statistical Reports ........................................................................................................................ 39
      Audit Reports With Unimplemented Corrective Actions ............................................................ 39

Inspections and Evaluations Statistical Reports.................................................................................. 52
      Evaluation Reports With Unimplemented Corrective Actions ................................................... 52

Appendices
Appendix I – Other Reports ................................................................................................................... 54

Appendix II – Audit Products ................................................................................................................. 56

Appendix III – Inspections and Evaluations Products .......................................................................... 59

Appendix IV – TIGTA’s Statutory Reporting Requirements .................................................................. 60



                                                                                                          April 1, 2023 – September 30, 2023│ 5
Appendix V – Inspector General Peer Review Activity ......................................................................... 66

Appendix VI – Data Tables Provided by the Internal Revenue Service...............................................                             68
     Internal Revenue Service Memorandum ...................................................................................                  68
     Report of Employee Misconduct by Disposition Groups ...........................................................                          69
     Report of Employee Misconduct National Summary.................................................................                          70
     Summary of Substantiated I.R.C. Section 1203 Inquiries Recorded in ALERTS .....................                                          71

Appendix VII – Section 1203 Standards .............................................................................................. 72

Glossary of Abbreviations ...................................................................................................................... 73




6 │April 1, 2023 – September 30, 2023
                                     TIGTA’s Profile
The Treasury Inspector General for Tax Administration (TIGTA) provides audit, investigative,
and inspection and evaluation services that promote economy, efficiency, and integrity in
the administration of the Internal Revenue laws. TIGTA provides independent oversight of
matters of the Department of the Treasury (Treasury Department) involving activities of the
Internal Revenue Service (IRS), the IRS Oversight Board, and the IRS Office of Chief
Counsel. Although TIGTA is placed organizationally within the Treasury Department and
reports to the Secretary of the Treasury and to Congress, it functions independently from
all other offices and bureaus within the Treasury Department.



                                    Statutory Mandate
          Protect against IRS employee improprieties and external attempts to corrupt
          or threaten IRS employees.

          Provide policy direction and conduct, supervise, and coordinate audits and
          investigations related to IRS programs and operations.

          Review existing and proposed legislation and regulations related to IRS
          programs and operations, and make recommendations concerning the impact
          of such legislation or regulations.

          Promote economy and efficiency in the administration of tax laws.

          Prevent and detect waste, fraud, and abuse in IRS programs and operations.

          Inform the Secretary of the Treasury and Congress of problems and
          deficiencies identified and of the progress made in resolving them.




TIGTA oversees all aspects of activity related to the Federal tax system as administered by
the IRS. TIGTA protects the public’s confidence in the tax system by identifying and
recommending strategies for addressing the IRS’s management challenges and
implementing the priorities of the Treasury Department.

TIGTA’s organizational structure (see following page) is comprised of the Office of the
Inspector General and six functional offices: the Office of Audit; the Office of Inspections
and Evaluations; the Office of Investigations; the Office of Mission Support; the Office of
Information Technology; and the Office of Chief Counsel.




                                                                   April 1, 2023 – September 30, 2023│ 7
                                   Organizational Structure




                                                  Authorities
TIGTA has all of the authorities granted under the Inspector General Act of 1978 (Inspector
General Act). 3 In addition to the standard authorities granted to Inspectors General, TIGTA
has access to tax information in the performance of its tax administration responsibilities.
TIGTA also reports potential criminal violations directly to the Department of Justice when
TIGTA deems appropriate. TIGTA and the Commissioner of Internal Revenue (Commissioner
or IRS Commissioner) have established policies and procedures delineating responsibilities
to investigate potential criminal offenses under the Internal Revenue laws. In addition, the
IRS Restructuring and Reform Act of 1998 (RRA 98) amended the Inspector General Act to
give TIGTA the statutory authority to carry firearms, execute search and arrest warrants,
serve subpoenas and summonses, and make arrests as set forth in Internal Revenue Code
(I.R.C.) Section (§) 7608(b)(2). 4




3 5 United States Code (U.S.C.). § 401, et seq.
4 Pub. L. No. 105-206, 112 Stat. 685 (codified as amended in scattered sections of 2, 5, 16, 19, 22, 23, 26, 31, 38, and

49 U.S.C.).

8 │April 1, 2023 – September 30, 2023
              Inflation Reduction Act Oversight Activities
                                    On August 16, 2022, the President signed the Inflation
                                    Reduction Act of 2022 (IRA) into law. 5 The legislation
                                    authorized approximately $79.4 billion in supplemental
                                    funding for the IRS through September 30, 2031.
                                    Approximately $1.4 billion in IRA funding was later
                                    rescinded under the Fiscal Responsibility Act of 2023,
                                    which reduced the IRS’s supplemental funding to almost
                                    $78 billion. 6 The IRS will use the supplemental funding to
                                    improve taxpayer services, update antiquated computer
systems, and increase compliance and enforcement actions against high-income taxpayers
and large corporations that try to evade taxes.

TIGTA received $403 million in supplemental funding from the IRA through
September 30, 2031. The IRA funds will be used to provide oversight of the IRS and to
support TIGTA’s operations. More information about TIGTA’s IRA oversight activities is
available on TIGTA.gov.

The following summaries highlight several TIGTA reviews examining the IRS and its use of
IRA funding.

Interim Results of the 2023 Filing Season (Report Number 2023-40-029)
During the 2023 Filing Season, the IRS made significant progress to reduce backlogged tax
return inventories closer to levels maintained prior to the Coronavirus Disease 2019
pandemic (pandemic). For example, more than 2 million individual tax returns and
transactions remained in inventory as of the end of Calendar Year (CY) 2022, compared to
more than 8.4 million as of the end of CY 2021. This backlogged work will continue to have
a significant impact on associated taxpayers.

IRS management stated that for the first time since the pandemic began, individual tax
return processing and related activities are returning to normal timeliness goals. The IRS
cleared the carryover inventory of unprocessed individual tax returns received during
CY 2022 by February 4, 2023. However, the IRS continues to have backlogs in other
inventory categories.

The primary legislation affecting the 2023 Filing Season was the IRA. Most IRA tax
provisions affect future tax years. However, a small number of provisions affected individual
tax filers for Tax Year (TY) 2022. Table 1 identifies the three provisions most relevant to the
2023 Filing Season and provides the estimated tax impact for each provision for CYs 2023
through 2026.



5 Pub. L. No. 117-169, 136 Stat. 1818.
6 Pub. L. No. 118-5, 137 Stat. 10.


                                                               April 1, 2023 – September 30, 2023│ 9
                  Table 1: Summary of IRA Provisions Affecting the 2023 Filing Season

        Provision                         Overview of Related Provisions                     Tax Impact
                                                                                           CYs 2023–2026

  Energy Efficient          Renamed and replaced the existing Nonbusiness                    $5.9 billion
  Home Improvement          Energy Property Credit, and extended the credit
  Credit (13301)            through December 31, 2032.

  Residential Clean         Renamed and replaced the existing Residential Energy             $6.9 billion
  Energy Credit             Efficient Property Credit, and increased the credit rate to
  (13302)                   30 percent for property placed into service beginning in
                            TY 2022.
  Clean Vehicle Credit      Renamed and replaced the existing Qualified Plug-In              $1.8 billion
  (13401)                   Electric Drive Motor Vehicle Credit. For TY 2022, transition
                            rules for the requirement that qualifying vehicles must
                            undergo final assembly in North America apply for vehicles
                            placed into service on or after August 16, 2022.
 Source: The IRA and the Joint Committee on Taxation JCX-18-22.

This report provided interim information only. No recommendations were made.

The IRS Needs to Leverage the Most Effective Training for Revenue Agents
Examining High-Income Taxpayers (Report Number 2023-30-054)
In August 2022, the Secretary of the Treasury stated that IRA funding was intended in part
to increase examinations of high-income taxpayers. The Secretary also directed that no
additional resources, including any new hires, shall be used to increase the share of small
businesses or households below the $400,000 threshold that are audited relative to
historical levels. In the report, TIGTA assessed the IRS’s strategy to train employees hired
specifically to conduct audits of high earners and large businesses that underreport income.

TIGTA found that while the Large Business and International
(LB&I) Division has expertise in training revenue agents on
examining high-income taxpayers, IRS efforts to train new
hires do not appear to be fully leveraging this expertise. The
IRS treats this training as specialized and only offers it when
necessary for employees auditing in this area. As the IRS
prioritizes examinations of high-income taxpayers with IRA
funding, it should leverage the specialized training and provide
it to an expanded pool of revenue agents. In other words, the
IRS’s approach to training should be commensurate with the
significant enforcement funding and the purposes for which it
was provided.

In addition, TIGTA found that the IRS does not have a unified or updated definition for
individual high-income taxpayers. The Tax Reform Act of 1976 required annual publication

10 │April 1, 2023 – September 30, 2023
of data on individual income tax returns reporting income of $200,000 or more. The current
examination activity code schema still uses $200,000 as the main threshold. TIGTA stated
that at a minimum, the IRS should accept the Treasury Secretary’s $400,000 directive as
the new high-income floor on which IRS leadership can focus enforcement efforts.

TIGTA made six recommendations, including that the IRS leverage the LB&I Division’s
extensive knowledge base by embracing its current high-income individual training content
and ensure that examination plans follow the Secretary of Treasury’s Directive to prioritize
coverage of individual high-income earners over $400,000. The IRS agreed or partially
agreed with five of the six recommendations and disagreed with one recommendation.

Opportunities Exist to Improve the Audit Selection Process for the Qualified Plug-In
Electric Drive Motor Vehicle Credit (Report Number 2023-30-065)
The Energy Improvement and Extension Act of 2008
created the Qualified Plug-In Electric Drive Motor
Vehicle Credit. This credit was amended by the
American Recovery and Reinvestment Act of 2009,
and then modified and extended under the IRA and
renamed the Clean Vehicle Credit. The nature of
these changes will have an impact on the data
available to the IRS and its future controls and
compliance strategy.

This credit of up to $7,500 helps taxpayers offset the purchase of a qualifying plug-in
electric drive motor vehicle. The Joint Committee on Taxation estimated the credit will cost
$5 billion from Fiscal Years (FY) 2022 through 2026.

TIGTA assessed whether the IRS is adequately reviewing the Qualified Plug-In Electric Drive
Motor Vehicle Credit claimed by taxpayers. Additionally, TIGTA assessed the IRS’s actions in
response to past recommendations and sought to review the IRS’s plans for addressing the
changes made to the credit in the IRA.

In response to TIGTA’s recommendations in a prior audit, the IRS developed filters to identify
returns with potentially erroneous Qualified Plug-In Electric Drive Motor Vehicle Credit
claims. TIGTA’s review found that while the IRS has taken steps to address past
recommendations, problems with the implementation of some of the filters have made
existing issues worse.

TIGTA found that 74 percent of the tax returns flagged by the filter to identify non-qualifying
vehicle models flagged qualifying vehicle models in error, resulting in taxpayer burden and
unproductive examinations. In addition, due to issues with the filter, many credit claims for
non-qualified vehicles were not examined. TIGTA identified 13,518 unexamined returns with
credits totaling approximately $63 million potentially paid for unqualified vehicles.

TIGTA made five recommendations. The IRS agreed with four of the five recommendations
and disagreed with one.

                                                             April 1, 2023 – September 30, 2023│ 11
Inflation Reduction Act: Assessment of the IRS’s Efforts to Deliver Expected
Improvements for the 2023 Filing Season (Report Number 2023-IE-R010)
After passage of the IRA, the Treasury Secretary outlined 2023 Filing Season expectations
for the IRS. The expectations included fully resolving the backlogs, improving telephone
service, fully staffing the Taxpayer Assistance Centers (TAC), scanning millions of individual
paper tax returns, and providing taxpayers the ability to provide IRS documentation online.

TIGTA found that the IRS met two of the Secretary’s               Figure 1: IRS Performance of
expectations, including reporting a level of service                Secretary’s Expectations
average of 85 percent and reducing the average wait
time to answer a taxpayer’s call to approximately three
minutes. The IRS also provided taxpayers with the
ability to respond to nine of the highest volume notices
via its Document Upload Tool.

However, the IRS was unable to meet the Secretary’s
other three expectations to:

   •   Fully resolve its backlog of tax returns and other
       tax account work. As of December 30, 2022, the
       IRS reduced its volume of CY 2022 individual
       paper-filed tax returns to be processed to
       approximately 437,000. However, the IRS
       continues to be challenged in its ability to fully
       resolve backlogs of tax account inventory.
                                                                  Source: Remarks made by the
                                                                  Secretary on September 15, 2022,
   •   Fully staff the TACs. Forty-three TACs were                and analysis of IRS documentation.
       closed at some point during the 2023 Filing
       Season and 230 TACs were not fully staffed. While the IRS exceeded the number
       of taxpayers assisted in the prior year, it still fell short of its estimated assistance to
       2.7 million taxpayers.

   •   Scan millions of individual paper-filed returns. As of April 30, 2023, the IRS
       reported scanning 4,154 Forms 1040, U.S. Individual Income Tax Return. As of
       July 31, 2023, the IRS reported that scanning was going well. The IRS increased the
       scanning to 50,810 individual income tax returns and expanded the scanning to
       include 25 different attachments that can be included with the paper-filed
       Form 1040.

This report was prepared to provide information only. No recommendations were made.




12 │April 1, 2023 – September 30, 2023
               Promote the Economy, Efficiency, and
                Effectiveness of Tax Administration
TIGTA’s Office of Audit strives to
promote the economy, efficiency, and
effectiveness of tax administration.
TIGTA provides recommendations to
improve IRS systems and operations
and to ensure the fair and equitable
treatment of taxpayers. TIGTA’s
comprehensive and independent
performance audits of the IRS’s
programs and operations primarily
address statutorily mandated reviews
and high-risk challenges the IRS faces.

The IRS’s implementation of audit recommendations results in:
   • Cost savings;
   • Increased or protected revenue;
   • Protection of taxpayers’ rights and entitlements; and
   • More efficient use of resources.

Each year, TIGTA identifies and addresses the IRS’s major management and performance
challenges. The Office of Audit places audit emphasis on statutory coverage required by the
RRA 98 and other laws, as well as areas of concern to Congress, the Secretary of the
Treasury, the IRS Commissioner, and other key stakeholders.


 Audit Emphasis Areas for April 2023 Through September 2023
 Improving Taxpayer Service
 Protecting Taxpayer Data and IRS Resources
 Administering Tax Law Changes
 Increasing Domestic and International Tax Compliance and Enforcement


The following summaries highlight significant audits completed in each area of emphasis
during this 6-month reporting period.




                                                           April 1, 2023 – September 30, 2023│ 13
Improving Taxpayer Service
Services to Underserved Communities Have Been Ongoing; However, an Agencywide
Strategy Has Not Been Developed (Report Number 2023-15-027)
In July 2019, Congress enacted the Taxpayer First Act to re-imagine and enhance the way
the IRS serves taxpayers, enforces the tax laws, and trains its employees. 7 The Taxpayer
First Act consists of 45 provisions, including one provision that requires the IRS to develop
the Taxpayer Experience Strategy (TXS).

The TXS outlines six key focus points, including focused strategies to engage with
underserved communities. The goal of the TXS is for the IRS to provide interactions that are
efficient, informative, personalized, and convenient and to ensure that taxpayers have the
information they need to understand and comply with their tax obligations.

TIGTA conducted this audit to determine the progress
made in implementing service improvements to
taxpayers in underserved communities as described
in the TXS. We found that the TXS included details
about how the IRS would implement service
improvements for two of the eight underserved
communities, but the IRS has not yet developed
detailed plans to address the other six communities,
nor has it created a comprehensive agencywide
strategy to implement and monitor service
improvements.

In addition, the IRS has not yet defined the
underserved communities or identified their
populations. Many underserved communities
overlap with each other, so defining the populations would allow for more efficient use of
IRS resources. The TXS requires the IRS to develop customized strategies for each
underserved community based on focused research that will improve outreach, education,
communications, and services to support taxpayers. Focused research should include
establishing the definitions and populations of each underserved community.

TIGTA recommended that the Chief Taxpayer Experience Officer work with other IRS
functions to define and identify the populations of each underserved community, and to
develop and implement a comprehensive agencywide strategy to improve programs,
products, and services for underserved communities when the Taxpayer Experience Office is
fully operational. The IRS partially agreed with this recommendation.



7 Pub L. No. 116-25, 133 Stat. 981 (codified in scattered sections of 26 U.S.C.).



14 │April 1, 2023 – September 30, 2023
Additional Actions Are Needed to Reduce Accounts Management Function Inventories to
Below Pre‑Pandemic Levels (Report Number 2023-46-026)
This audit continued TIGTA’s assessment of the IRS’s efforts to reduce significant backlogs
in the Accounts Management function inventories during CY 2022, including Forms 1040-X,
Amended U.S. Individual Tax Return.

On March 10, 2022, the IRS announced its initiatives to address the continuing backlog of
tax returns and other tax account work during the 2022 Filing Season. These initiatives,
referred to as the Get Healthy Plan, were intended to return the IRS to healthy inventory
levels by the end of CY 2022. The IRS defines “healthy” inventory levels as pre-pandemic
inventory levels.

TIGTA reported previously that the Accounts Management function inventories would not
return to pre-pandemic levels by the end of CY 2022. Although management took actions to
address concerns identified during this review, backlogs of inventory remained in the 2023
Filing Season. TIGTA identified the following contributing factors to the remaining backlogs.




TIGTA found that while employees assigned to the Accounts Management function’s Surge
Team contributed to the additional closures of its inventory, there were fewer employees
available than anticipated. In addition, the loss of employees from other IRS functions
resulted in an estimated $2.6 billion in potential lost or delayed revenue, due to fewer
examination and collection cases being worked.

TIGTA also noted that the Surge Team’s Form 1040-X closure rates were less than one-half
of the normal employees’ closure rates. Automating the processing of these amended
returns would reduce the burden on taxpayers waiting for their amended returns to be
processed, and the benefits far outweigh the associated costs. For example, TIGTA
estimated that the IRS would potentially save more than $322.2 million in yearly processing
costs by automating the processing of Forms 1040-X. This is in addition to any interest
saved.

The IRS agreed with 10 of TIGTA’s 13 recommendations. The IRS disagreed with three
recommendations, including that management establish goals and a plan for all inventory
types to reach pre-pandemic levels.


                                                            April 1, 2023 – September 30, 2023│ 15
Protecting Taxpayer Data and IRS Resources
Security Weaknesses Are Not Timely Resolved and Effectively Managed
(Report Number 2023-20-042)

The Federal Information Security Modernization Act
of 2014 mandates all Federal agencies develop and
implement a corrective action plan, known as a Plan
of Action and Milestones (POA&M), to identify and
document the resolution of information technology
security weaknesses. 8

Between January 1, 2005, and August 26, 2022, the IRS created 12,089 POA&Ms.
Of these POA&Ms, remediation efforts for 9,534 have been finalized while 2,555 are open
with efforts still ongoing. TIGTA selected a judgmental sample of 401 POA&Ms for analysis.

TIGTA determined that 291 (73 percent) of the 401 POA&Ms selected for analysis were not
timely reviewed based on agency security policies. Newly created POA&Ms are required to
be reviewed within 45 days of creation, Late POA&Ms are required to be reviewed within
45 days of entering Late status, and closure reviews are required to be conducted within
60 days of POA&M closure. TIGTA also found that the closure reviews were not performed
within the required 60-day time period for 138 (49 percent) of 282 POA&Ms marked as
either Accepted, Completed, or Validated.

While the required reviews were ultimately completed, the continued extensions of
remediation timelines may lengthen the period of exposure of critical tax systems to known
information security vulnerabilities. This may provide expanded opportunities for threat
actors to access and exploit data.

From January 1, 2018, through August 26, 2022, the IRS finalized remediation efforts for
3,139 of the 12,089 POA&Ms. However, during the closure process, the IRS did not
reevaluate the estimated budget and update it with actual costs at closure, as required.
Tracking associated resources required to resolve POA&Ms facilitates informed
decisionmaking.

TIGTA made four recommendations to the IRS Chief Information Officer. The IRS agreed
with all four recommendations.




8 44 U.S.C. § 3551, et seq. (2018)



16 │April 1, 2023 – September 30, 2023
Known Exploited Vulnerabilities That Remain Unremediated Could Put the IRS Network
at Risk (Report Number 2023-20-048)
TIGTA reviewed the IRS’s compliance with the Department of Homeland Security’s Binding
Operational Directive 22-01, Reducing the Significant Risk of Known Exploited
Vulnerabilities (KEV). Issued November 3, 2021, the directive required Federal agencies to
update internal vulnerability management procedures by January 2, 2022. The directive
focuses on vulnerabilities that are active threats and should be Federal agencies’ top
priority.

The IRS uses its asset and vulnerability repository to track KEVs. Ineffective tracking and
untimely remediation of KEVs increase the risk to the overall security of IRS assets and allow
affected assets to become targets of external exploitation with the intent to steal taxpayer
data. In addition, failure to isolate or remove vulnerable assets from the network increases
the risk of malicious attacks.

TIGTA found that from September through December 2022, there were between 494 and
5,976 KEVs past the remediation period.

      Figure 2: Unremediated KEVs From September Through December 2022




       Source: The IRS’s asset and vulnerability repository reports from September through
       December 2022. Note: An asset may have one or more KEVs.

The repository reflected 91,559 assets with at least one KEV as of December 15, 2022.
TIGTA was unable to determine the timeliness of remediation of the affected assets with a
KEV because the attack signature change date in the IRS’s asset and vulnerability repository
is not reliable. TIGTA also found that the IRS was not following established guidance to
isolate or remove all vulnerable assets from its network.

Further, the directive specifies that Federal agencies are required to track all KEVs from
the Cybersecurity and Infrastructure Security Agency’s KEV Catalog. However, between
September and December 2022, the IRS did not track 14 KEVs. During the audit, the IRS
implemented an action to correct this issue.



                                                                     April 1, 2023 – September 30, 2023│ 17
Administering Tax Law Changes
American Rescue Plan Act: Review of the Reconciliation of the Child Tax Credit
(Report Number 2023-47-035)

                                               The American Rescue Plan Act of 2021 provided
                                               taxpayers the ability to receive up to one-half of the
                                               estimated TY 2021 Child Tax Credit in advance payments
                                               between July and December 2021.9 The IRS issued
                                               216.9 million advance payments totaling $93.5 billion.
                                               The IRS estimated the advance payments based on prior
                                               year tax return information and information reported
                                               through its nonfiler tools.

TIGTA previously reported that the IRS erroneously issued 3.3 million advance payments to
1.5 million taxpayers who were not eligible to receive an advance payment. The IRS’s
reconciliation process addressed both potentially ineligible taxpayers and eligible taxpayers
who had not received advance payments when they filed their TY 2021 tax return. However,
our review showed that as of October 12, 2022, approximately 4.1 million taxpayers who
were issued about $9 billion in advance payments had not yet filed a tax return.

TIGTA’s seven recommendations to the IRS included: identifying and reviewing the instances
where taxpayers received more or less Child Tax Credit than they were eligible to receive;
sending letters to taxpayers with advance Child Tax Credit payments who have yet to file a
TY 2021 tax return; and creating a process to recover potentially erroneous advance
payments.

The IRS agreed with four of the seven recommendations and partially agreed with another.
The IRS did not agree to identify additional taxpayers with excess Child Tax Credits or to
develop a process to recover erroneous advance payments from nonfilers. TIGTA continues
to believe that taxpayers received excess Child Tax Credit after the IRS implemented a
programing change and that processes are needed to recover erroneous advance payments
totaling $1 billion.




9 Pub. L. No. 117-2, 135 Stat. 4 (codified in scattered sections of 7, 12, 15, 19, 20, 26, 29, 42, and 45 U.S.C.).



18 │April 1, 2023 – September 30, 2023
Increasing Domestic and International Tax Compliance and Enforcement
Planning Efforts to Hire Employees Who Conduct Audits of High Earners and
Large Businesses Could Be Improved (Report Number 2023-10-025)
IRS enforcement function full-time equivalent employees have declined from Fiscal Years
(FYs) 2010 through 2021 due to budget decreases. This reduction to enforcement function
staffing levels has affected the total enforcement revenue collected by the IRS. TIGTA
performed this audit to evaluate the IRS’s strategy to recruit employees to conduct audits of
high earners and large businesses. This is the first in a series of reviews related to the IRS’s
enforcement hiring.

The IRA provided the IRS with approximately
$45.6 billion dedicated to enforcement
activities. On May 19, 2021, in written
testimony to the Subcommittee on Financial
Services and General Government, the IRS
Commissioner stated that, among other
operational directives, this appropriation will
facilitate the hiring and training of auditors to
focus on complex investigations of large
businesses, partnerships, and global high-
wealth taxpayers. The IRS has initiated planning efforts to hire these employees, with the
majority working in the IRS’s LB&I Division and the Small Business/Self-Employed Division.

After passage of the IRA, the Secretary of the Treasury issued a memorandum in
August 2022 requiring the IRS to produce a Strategic Operating Plan detailing how these
new resources will be spent in the categories of technology, service improvement, and
personnel. This Strategic Operating Plan was issued on April 5, 2023. The memorandum
also stated that the increase in enforcement funding will not result in increased chances of
being audited for small businesses or households earning $400,000 per year or less.

TIGTA noted that an ineffective recruitment and hiring strategy could negatively impact the
IRS’s ability to increase audits of high earners and large businesses that underreport
income. Ineffective planning can limit a business unit’s capability to complete its mission.
This in turn can reduce the likelihood that the IRS will accomplish its strategic goals. One of
those goals is to enforce the tax law fairly and efficiently to increase voluntary compliance
and narrow the Tax Gap.

TIGTA recommended that the IRS establish a plan to effectively manage changes in hiring
volume and improve communication channels across business units to mitigate the effects
of large hiring surges. The IRS agreed with TIGTA’s recommendations.




                                                              April 1, 2023 – September 30, 2023│ 19
The IRS Large Business and International Division Should Consider Shifting Individual
Examination Resources to More Productive Examinations (Report Number 2023-30-019)
TIGTA initiated this audit to evaluate the use of resources and examination productivity for
individual returns examined by the LB&I Division and determine whether it is making the
most efficient use of examination resources and staffing.

The LB&I Division’s Withholding Exchange and International Individual Compliance (WEIIC)
practice area completed most of the Division’s individual examinations and is responsible
for examining returns with an international component. The LB&I Division also examines
high-wealth individuals and the enterprises they control as part of the Global High Wealth
program. The LB&I Division has in its scope international individual returns, as well as the
most complex individual and business income tax returns to address significant levels of
suspected underreporting of tax liabilities and nonfiling of tax returns.

While the LB&I Division                Table 2: WEIIC Examination Closures by TPI
spends most of its time                           During FYs 2017–2021
and resources auditing
businesses, during FYs
2017 through 2021,
67 percent of the
examinations that the
LB&I Division closed
consisted of individual
taxpayers. According
to the LB&I Division, a
significant majority         Source: LB&I Division Key Stats reports, FYs 2018 and 2021.
were conducted by tax
examiners and tax compliance officers who generally work single-issue cases. Individual
examinations comprised between 12 and 19 percent of the LB&I Division’s time during this
same period. Ninety percent of WEIIC individual examination closures reported less than
$200,000 total positive income (TPI) for FYs 2017 through 2021.

TIGTA recommended that the Commissioner, LB&I Division: 1) evaluate the composition of
International Individual Compliance cases to ensure the highest compliance risk work is
selected and assigned to International Individual Compliance examiners in alignment with
their skills; and 2) monitor the activity code for International Individual Compliance
substitute for return case closures to ensure that the activity code accurately represents the
taxpayer’s TPI. The IRS agreed with and implemented the two recommendations.




20 │April 1, 2023 – September 30, 2023
The Knowledge Management Program Will Benefit From Addressing User Concerns
and Improving Performance Measures and Controls Over Employee Costs
(Report Number 2023-30-024)

                                 In FY 2017, the IRS implemented the enterprise-wide
                                 Knowledge Management program. Knowledge
                                 Management is a strategy that captures, shares, and
                                 applies employee knowledge to enhance learning,
                                 performance, collaboration, and decisionmaking.
                                 A well-designed and properly administered Knowledge
                                 Management program should allow employees to work
                                 more efficiently and effectively.

In its Knowledge Management Business Plan, the IRS acknowledged that the loss of
knowledge and expertise from retiring IRS employees is a significant top risk facing the
agency. The IRS has estimated that 63 percent of its current workforce will resign or be
eligible to retire by FY 2028.

TIGTA evaluated the Knowledge Management program and its impact on improving
performance and taxpayer compliance. We surveyed around 6,300 IRS employees to gauge
the effectiveness of the enterprise-wide program. Some of those surveyed expressed
concerns about locating pertinent information on the Virtual Library website. Also, some of
the employees who located the site found the information hard to use and lacking in
relevant information. Additionally, employees designated as subject-matter experts were
sometimes unhelpful due to their limited experience level. Further, not all business units
use customer satisfaction surveys to identify improvements to Knowledge Management
programs.

TIGTA found that Knowledge Management performance measures are incomplete because
they focus exclusively on high-level activity measures, such as the number of employees
viewing the Virtual Library and the amount of content developed. Measures that would
make the Knowledge Management program more effective include tracking subject-matter
expert response time and the number of accesses that result in the resolution of users’
questions.

We also found that the efficiency of the Knowledge Management program could be
improved by monitoring employee costs. The reviewed business units were not consistent
when capturing their employee costs pertaining to Knowledge Management.

TIGTA made seven recommendations to improve the operation, establish performance
measures, and ensure the accountability of the IRS Knowledge Management program.
The IRS agreed with all seven recommendations and plans to take appropriate corrective
actions.




                                                            April 1, 2023 – September 30, 2023│ 21
           Advance Oversight of America’s Tax System
TIGTA’s Office of Inspections and Evaluations
provides focused and expedited oversight to
quickly assess emerging issues impacting tax
administration and IRS operations. This function
has two primary product lines: inspections and
evaluations.

Inspections are intended to:
   •   Provide factual and analytical
       information;
   •   Monitor compliance;
   •   Measure performance;
   •   Assess the effectiveness and efficiency of programs and operations;
   •   Share best practices; and
   •   Inquire into allegations of waste, fraud, abuse, and mismanagement.

Evaluations are intended to:
   •   Provide in-depth reviews of specific management issues, policies, or programs;
   •   Address Governmentwide or multiagency issues; and
   •   Develop recommendations to streamline operations, enhance data quality, and
       minimize inefficient and ineffective procedures.


Sensitive Business and Individual Tax Account Information Stored on Microfilm Cannot
Be Located (Report Number 2023-IE-R008)

The IRS is required to create and store backups of both business and individual tax records
to ensure that these records are available to conduct business, document IRS activities
adequately, and protect the interests of the Federal Government and the American
taxpayers. The IRS uses microfilm cartridges to store photographic records of sensitive
business and individual tax information.

TIGTA determined that significant deficiencies exist in the IRS’s accounting for microfilm
backup cartridges. Deficiencies result in the inability of the IRS to account for thousands of
microfilm cartridges containing millions of sensitive business and individual tax account
records. Sensitive business and individual taxpayer information stored on the unaccounted
for cartridges can be used to commit tax refund fraud identity theft.



22 │April 1, 2023 – September 30, 2023
Onsite visits to the Kansas City and Ogden Tax Processing
Centers provided examples of unaccounted for microfilm
cartridges. The photo shows an empty box on the shelf in
Ogden with a note inside.

TIGTA also found the IRS is not in compliance with records
management requirements. IRS management stated that
15 large pallets containing microfilm cartridges required to
be sent to the Federal Records Center have been stored at
the IRS’s National Distribution Center since 2018. As of
April 2023, IRS management noted that they have yet to
secure a contract to have the microfilm cartridges sent.

In addition, TIGTA determined that the IRS is not in
compliance with microfilm destruction time frames.
TIGTA identified individual microfilm cartridges stored                               Source: An October 2022
at all three IRS Tax Processing Centers that exceed the                               TIGTA photo taken in the
30-year storage requirement. Management noted that no                                 Microfilm Storage Area during
process has been established to timely dispose of microfilm                           a site visit to the Ogden Tax
backup cartridges.                                                                    Processing Center.


TIGTA made 13 recommendations. The IRS agreed with 11 recommendations and
disagreed with 2 recommendations.

Actions Are Needed to Address Inaccurate, Incomplete, and Inconsistent Taxpayer
Assistance Center Information Provided to Taxpayers (Report Number 2023-IE-R006)
The IRS will receive almost $78 billion in supplemental funds from the IRA through
September 30, 2031, with a portion of the funding dedicated to improving taxpayer
services. 10 Approximately $3.2 billion is to be expended on taxpayer services, such as filing
and account services, pre-filing assistance, and education.

TIGTA found that taxpayers seeking face-to-face assistance may experience difficulty
obtaining key contact information regarding TACs, e.g., office addresses, hours of operation,
services provided. This includes taxpayers seeking this information on the IRS’s website
(IRS.gov), the IRS2Go mobile App, or calling the local telephone number for a TAC.

For example, the How can we help you? screen located on the IRS.gov homepage provides
links to the various avenues of assistance for taxpayers seeking help. However, absent in
this list of options is a link to information on how to find a local TAC. Figure 3 provides a
screenshot of the How can we help you? section on the IRS.gov homepage.



10 The IRS received approximately $79.4 billion in supplemental funding from the Inflation Reduction Act of 2022 (Pub. L.

No. 117-169, 136 Stat. 1818). Approximately $1.4 billion in IRA funding was later rescinded under the Fiscal
Responsibility Act of 2023 (Pub. L. No. 118-5, 137 Stat. 10).


                                                                                April 1, 2023 – September 30, 2023│ 23
We also noted that information        Figure 3: How can we help you? Screen on IRS.gov
on the recorded messages on
the local telephone numbers
was not always consistent, up-
to-date, or accurate and did not
provide an option to listen to
the message in Spanish.
Additionally, taxpayers are not
being adequately informed of
TAC closures, and information
regarding whether TACs offer
walk-in services is inconsistent
and unclear.
                                      Source: https://www.irs.gov.
TIGTA issued an e-mail alert to
the IRS on January 26, 2023, detailing our initial concerns, so IRS management could take
actions deemed appropriate to improve service to taxpayers for the 2023 Filing Season.

The IRS agreed with 8 of the 10 TIGTA recommendations. For the other two
recommendations, IRS management indicated that updating the local TAC recorded
messages to provide taxpayers with current information is not feasible and that current
processes and procedures prevent appointments from being scheduled outside of each
TAC’s hours of operation.

Assessment of the Internal Revenue Service’s
Active Shooter Readiness and Training
(Report Number 2023-IE-R005)

An active shooter or other mass casualty event
at a TAC or any IRS facility can result in
significant damage to the facility and even
greater physical and psychological trauma to
the staff.

TIGTA found that the IRS has developed an
active shooter training program that educates
                                                      Source: U.S. Department of Homeland Security.
its employees on the “Run, Hide, Fight”
response that aligns with the Department of Homeland Security guidelines for dealing with
an active shooter situation. This training is given to IRS employees and contractors to
provide comprehensive information on IRS security policies, procedures, and actions that
should be taken to prepare for and respond to potential security incidents and emergencies.

While the IRS has provided employees with materials to raise awareness about Active
Shooter situations, TIGTA noted that additional actions were needed to ensure that

24 │April 1, 2023 – September 30, 2023
contractors are aware of security protocols. In addition to training, employees need to fully
understand their response options to empower them to react decisively.

TIGTA made five recommendations to the Chief, Facilities Management and Security
Services, such as ensuring that action is taken if contractors do not timely complete security
briefings, and that policies are updated to require after-action reports of active shooter drills
or events to assess the efficacy of the response. TIGTA also noted that IRS officials need to
update the annual security briefing to emphasize that employees need to discuss
emergency preparedness with their managers annually. The IRS agreed with all
recommendations.

Review of the IRS’s Process to Perform Mandatory Annual Examinations of Presidential
Returns for Tax Years 2000 Through 2021 (Report Number 2023-IE-R011)
In December 2022, Congress and media outlets
reported concerns regarding the IRS’s mandatory
Presidential examination program. In response
to these concerns, TIGTA initiated a review to
assess the IRS’s processes and procedures for
conducting required annual mandatory
examinations of Presidential returns filed for
TYs 2000 through 2021.

TIGTA found that the IRS’s internal guidelines for mandatory Presidential examinations are
incomplete and inaccurate. For example, key procedures performed by the Office of the
Deputy Commissioner for Services and Enforcement are not detailed in IRS guidelines. In
addition, although guidelines require the expeditious handling of the Presidential returns to
ensure prompt completion of the examinations, the IRS has not developed guidance
defining time frames for processing, transferring, and starting examinations of Presidential
returns.

Also, the process for identifying examination issues prior to assigning non-Presidential
returns to an examiner is different than the process used for Presidential returns. For non-
Presidential returns, the returns are generally sent to the examiner with pre-identified issues
for the examiner to consider. However, for Presidential returns, the examiner receives the
return without pre-identified examination issues.

TIGTA made five recommendations, including: the IRS update internal guidelines for
mandatory Presidential examinations; establish time frames for the expeditious handling of
Presidential returns; and evaluate whether the IRS can use an independent process to
identify potential examination issues prior to assigning Presidential returns to an examiner.

The IRS agreed with three recommendations, partially agreed with one recommendation,
and disagreed with another recommendation.




                                                               April 1, 2023 – September 30, 2023│ 25
Federal Acquisition Regulation Requirements Were Either Not Performed or Documented
When Awarding and Administering Expert Witness Contracts (Report Number 2023-IE-R012)
The IRS’s Office of Chief Counsel          Figure 4:
represents the IRS in litigation and can
obtain the services of expert witnesses.
The primary consideration in selecting
an expert witness is the degree to
which a specific witness will be helpful
to the Tax Court in understanding and
determining the matter at issue. TIGTA
assessed the IRS’s compliance with the
Federal Acquisition Regulation and IRS
                                            Source: TIGTA’s analysis of the IRS’s Procurement for
policies and procedures for awarding        Public Sector System.
and administering expert witness
contracts.

TIGTA found that the IRS was not in compliance with all Federal Acquisition Regulation and
IRS requirements when awarding and administering expert witness contracts. These include
performing a tax compliance check, obtaining the contractor’s assertion regarding
delinquent tax liability or a felony conviction, completing security awareness training, and
considering an internal expert prior to seeking the services of an external expert.

TIGTA’s review of 27 expert witness contract files awarded during FYs 2019 through 2021,
totaling nearly $39 million, found that documentation supporting key required actions taken
to award the contract were either not included in the contract file or the IRS was unable to
provide documentation when requested. For those actions where documentation was not
provided, TIGTA was unable to determine whether the required action was taken.

In addition, TIGTA found that all 27 contracts were classified as Firm-Fixed-Price in the
Government’s Federal Procurement Data System but managed like Labor-Hour contracts.
Further, for 16 (59 percent) of the 27 contracts reviewed, the IRS did not provide evidence
to support its oversight and/or monitoring of the expert witness’s performance and
compliance with contract terms.

TIGTA made six recommendations. IRS management agreed with five recommendations.
The IRS disagreed with TIGTA’s recommendation to review all closed expert witness
contracts to determine if the contract type should be corrected in the IRS procurement
system and the Federal Procurement Data System.




26 │April 1, 2023 – September 30, 2023
            Protect the Integrity of Tax Administration
TIGTA is statutorily mandated to protect the integrity of Federal tax administration. TIGTA
accomplishes this mission through the investigative work conducted by the Office of
Investigations (OI). Through its investigative programs, OI protects the integrity of the IRS
and its ability to collect revenue owed to the Federal Government by investigating violations
of criminal and civil law that adversely impact Federal tax administration, as well as
administrative misconduct by IRS employees.

The Performance Model
TIGTA’s OI accomplishes its mission through the hard work of employees, whose efforts are
guided by a performance model that focuses on three primary areas of investigative
responsibility:




IRS employee misconduct undermines the IRS’s ability to deliver taxpayer services, to
enforce tax laws effectively, and to collect taxes owed to the Federal Government. External
threats against the IRS impede its ability to fairly, efficiently, and safely carry out its role as
the Nation’s revenue collector. Individuals who attempt to corrupt or otherwise interfere
with the IRS through various schemes and frauds adversely impact the IRS’s ability to collect
revenue.

TIGTA investigates allegations of violations in these areas, and refers the findings to the
U.S. Department of Justice or to State authorities for prosecution. We also refer allegations
of violations involving IRS employee misconduct to IRS management.

In each of the following performance areas, we include examples of cases from the current
reporting period. For additional details about individual cases, visit the TIGTA Investigative
Activities page or click on the hyperlink in the case titles below.




                                                                April 1, 2023 – September 30, 2023│ 27
Performance Area: Employee Integrity
In order for the country’s tax system to operate successfully,
taxpayers must have confidence in the fair and impartial
administration of Federal tax laws and regulations. IRS
employee misconduct can erode the public’s trust and
impede the IRS’s ability to effectively enforce tax laws.                                              38%
Employee misconduct can take many forms, such as: the
misuse of IRS resources or authority; theft; fraud; extortion;
taxpayer abuse; unauthorized access to, and disclosure of,
tax returns and return information; and identity theft.                                   of OI’s work was employee
                                                                                           integrity investigations.
During this reporting period, employee integrity investigations
accounted for 38 percent of OI’s work. OI conducted 156 employee misconduct
investigations that were referred to the IRS for action. The IRS took action on 144 and
closed 12 investigations without action. 11

As part of its employee integrity focus, TIGTA also conducts proactive investigative initiatives
to detect misconduct in the administration of IRS programs. During this reporting period,
TIGTA initiated three proactive projects to detect systemic weaknesses or potential IRS
program vulnerabilities. TIGTA’s most successful integrity project involves the detection of
IRS employees who abuse their access to taxpayer information to commit identity theft and
other crimes.

Addressing Employee Misconduct
The following case represents OI’s efforts to address employee misconduct during this
6-month reporting period: 12

IRS Employee Pleads Guilty to Cyberstalking Colleague
On May 25, 2023, in the District of Utah, Daimion Brown pled guilty to one count of
cyberstalking. Brown, who worked at the IRS office in Utah, used a digital communication
service to send a colleague several threatening and intimidating text messages.

According to court documents, beginning around March 31, 2022, and continuing until
June 10, 2022, Brown sent a colleague harassing text messages describing how he watched
this colleague all day and night. Brown also sent a text message that discussed the method
in which he would torture a friend of this colleague, followed by an image of a name and
phone number of an acquaintance of this colleague.


11 These data may pertain to investigations referred administratively in prior reporting periods and do not necessarily relate

to the total number of misconduct investigations that were referred to the IRS for action during this reporting period.
12 Facts in the summarized case narrative come from court documents of the jurisdiction named.



28 │April 1, 2023 – September 30, 2023
At sentencing, the maximum penalties Brown could receive are 5 years’ imprisonment, a
$250,000 fine, and 3 years’ supervised release.

Identity Theft and the Insider Threat
The following case represents OI’s efforts to address identity theft and the insider threat
during the reporting period: 13

IRS Case Advocate Sentenced for Unauthorized Inspection of Returns or Return
Information
On August 28, 2023, in the Western District of New York, Lisa Hughes, Case Advocate within
the IRS’s Taxpayer Advocate Service, in Buffalo, New York, pled guilty to one count of
unauthorized inspection of returns or return information and was sentenced to 1 year of
probation.

According to the court documents, while she worked as a Case Advocate within the IRS,
Hughes accessed return information for a local tax preparation firm on more than 120
occasions. Two individuals who worked for the tax preparation firm would inquire about
returns filed for their clients. Hughes would then access the returns or other return
information in the IRS’s Integrated Data Retrieval System. The calls received from the two
individuals were not part of Hughes’ job responsibilities. Hughes knew that she was not
authorized to access the return information in response to these calls, but she nevertheless
intentionally accessed the requested return information.


Performance Area: Employee and Infrastructure Security
Threats and assaults directed at IRS employees, facilities, and
infrastructure impede the effective and safe administration of the
Federal tax system and the IRS’s ability to collect tax revenue. OI
receives referrals of all reports of threats, assaults, and forcible
interference against IRS employees in the course of performing
their official duties. TIGTA also actively pursues, investigates,
and mitigates emerging threats to the IRS’s ability to conduct
Federal tax administration in cyberspace.

Contact with the IRS can be stressful and emotional for taxpayers. While the majority of
taxpayer contacts are routine, some may become confrontational and even violent. TIGTA’s
special agents are statutorily mandated to provide physical security, known as “armed
escorts,” to IRS employees who have face-to-face contact with taxpayers who may pose a
danger to the employee, and to ensure that IRS employees have a secure environment in


13 Facts in the summarized case narrative come from court documents of the jurisdiction named.




                                                                              April 1, 2023 – September 30, 2023│ 29
which to perform their critical tax administration functions. During this 6-month reporting
period, OI provided eight armed escorts for IRS employees.

OI undertakes investigative initiatives to identify individuals who could commit violence
against, or otherwise pose a threat to, IRS employees, facilities, or infrastructure. OI also
provides intelligence to IRS officials to assist them in making proactive operational decisions
about potential violence or other activities that could pose a threat to IRS systems,
operations, and employees.

Investigative information sharing between OI and
the IRS’s Office of Employee Protection to identify
“potentially dangerous” taxpayers is one example of
TIGTA’s commitment to protecting IRS employees.
Taxpayers who meet certain IRS criteria receive a
                                                                                          28%
designation as potentially dangerous. Five years after
this designation has been made, TIGTA conducts a
follow-up assessment of the taxpayer so that the IRS
can determine if the taxpayer still presents a potential                   of OI’s work was investigations
danger to IRS employees.                                                         of threats/assaults.

During this 6-month reporting period, employee and infrastructure security investigations
accounted for 28 percent of OI’s work.

The following case represents OI’s efforts to ensure the safety of IRS employees during the
reporting period: 14

Bomb Threat at IRS Building in Austin, Texas
On June 13, 2023, in the Western District of Texas, Caleb Augustine pled guilty to damage
of government property. According to the court documents, beginning on or about
November 12, 2020, and continuing through June 23, 2021, Augustine willfully wrote on
stalls and walls of the men’s bathroom at the IRS building in Austin, Texas. Augustine
intentionally conveyed false and misleading information, specifically that bombs would go
off in the IRS building within one to two days of the threat. At sentencing, Augustine could
receive a maximum of 1 year imprisonment and be ordered to pay a fine.




14 Facts in the summarized case narrative come from court documents of the jurisdiction named.



30 │April 1, 2023 – September 30, 2023
Performance Area: External Attempts to Corrupt Tax Administration
TIGTA also investigates external attempts to corrupt
or impede tax administration. Individuals may
attempt to corrupt or impede tax administration in
many ways. They may impersonate IRS employees
or misuse IRS seals and symbols; use fraudulent
IRS documentation to perpetrate criminal activity;
                                                                                           34%
offer bribes to IRS employees to influence their tax
cases; commit fraud in contracts the IRS awards to
contractors; or commit cybercrimes through the
misuse of IRS portals. In addition, unscrupulous tax
preparers can make unauthorized disclosures of tax                          of OI’s work was investigating
return information, steal Federal tax refunds,                              attempts to corrupt or impede
misrepresent their credentials, or prepare bogus                                  tax administration.
IRS documents.

During this reporting period, investigations into attempts to corrupt or impede tax
administration accounted for 34 percent of OI’s work.

The following cases represent OI’s efforts in this area during the reporting period: 15

Illegal Agents of the People’s Republic of China Charged in IRS Bribery Scheme
On May 24, 2023, in the Southern District of New York, John Chen, a U.S. citizen and
Lin Feng, a People’s Republic of China (PRC) citizen were charged with acting and conspiring
to act in the United States as unregistered agents of the PRC Government, conspiring to
bribe, bribing a public official, and conspiracy to commit money laundering.

According to a U.S. Department of Justice press release, from January 2023 to May 2023,
Chen and Feng allegedly engaged in a scheme directed by the PRC Government to
manipulate the IRS Whistleblower Program in an effort to strip the tax-exempt status of an
entity run and maintained by Falun Gong practitioners. Chen and Feng paid $5,000 in cash
bribes to an undercover officer, Chen gave the officer a $1,000 cash bribe, and Feng paid
the officer a $4,000 cash bribe.

If convicted, Chen and Feng could each receive a maximum term of 5 years’ imprisonment
for count one, 10 years’ imprisonment for count two, 15 years’ imprisonment for count
three, and 20 years’ imprisonment for count four.




15 Facts in the summarized case narratives come from court documents of the respective jurisdictions named.




                                                                              April 1, 2023 – September 30, 2023│ 31
Man Pleads Guilty for Role in IRS Refund Check Scheme
On June 9, 2023, in the Northern District of Georgia, Joseph Kolawole pled guilty to mail
fraud. According to the court documents, between December 2014 and May 2019,
Kolawole prepared and filed fraudulent Federal corporate tax returns on Forms 1120,
U.S. Corporation Income Tax Return, and demanded payment of refunds purportedly due to
the corporations.

The IRS paid refunds for the fraudulent returns in Kolawole’s scheme. U.S. Treasury checks
were mailed to the sham corporations based on the addresses specified on the tax returns.
Once the U.S. Treasury checks were received, Kolawole and others fraudulently altered the
payees on the checks and deposited them into bank accounts owned and controlled by
Kolawole. The scheme resulted in more than 100 fraudulent refund checks being issued,
totaling over $4.5 million.

At sentencing, Kolawole faces a maximum prison term of 20 years, a maximum fine of
$250,000, and a maximum of 3 years of supervised release.

Fighting Cybercrime
Leader of Worldwide Tax Return Scheme Sentenced16
On September 18, 2023, in the Northern District of West Virginia, Ayodele Arasokun was
sentenced to 34 years of imprisonment, 3 years’ supervised release, and ordered to pay
over $2.24 million in restitution. Arasokun was convicted by a jury in October 2022 of wire
fraud and aggravated identity theft.

From January 2016 and continuing to November 2017, Arasokun devised a scheme to
unlawfully obtain tax refund money by filing fraudulent Federal income tax returns.
Arasokun collected the names, dates of birth, and Social Security numbers for multiple
individuals. Using this information, Arasokun compromised the IRS’s Electronic Filing Pin
application, an online electronic portal. Arasokun then electronically filed and attempted to
file fraudulent Federal income tax returns. These fraudulent Federal income tax returns
contained fictitious income amounts, withholdings, and other false information. He then
directed tax refunds to be deposited into prepaid debit cards and bank accounts that he
monitored. Investigators discovered that Arasokun was tracking approximately 700
U.S.-based accounts containing more than $50 million. Of the $9.1 million claimed by
Arasokun in false Federal income tax returns, the IRS ultimately paid out $2.2 million in
fraudulently obtained refunds.




16 Facts in the summarized case narrative come from court documents of the jurisdiction named.



32 │April 1, 2023 – September 30, 2023
Impersonation Scams and Schemes
Man Pleads Guilty for His Role in IRS Impersonation Scheme
On July 20, 2023, in the District of Maryland, Wen Fu Zeng was sentenced to 10 months in
prison and 3 years of supervised release after he pleaded guilty to wire fraud. He was also
ordered to pay restitution in the amount of $145,228 and a special assessment of $100.
In July 2018, Zeng was part of a scheme where a victim received a telephone call from
someone purporting to be a representative of the IRS. The victim was told they owed taxes
to the IRS and that they would be arrested if their outstanding taxes were not paid. The
victim was informed they could resolve the IRS debt by purchasing gift cards from Target
and Wal-Mart. Transactional records and video footage from Target revealed that less than
one hour after the victim purchased the gift card, Zeng redeemed the gift card at a Target
store in Maryland. Zeng redeemed $1,492.39 of the victim’s gift card toward the purchase
of two Apple products.

Woman Arrested for Her Role in $2.5 Million Fraudulent Tax Refund Scheme
On June 28, 2023, in the District of Arizona, Jackie Peters was arrested for conspiracy to
defraud, conspiracy to commit money laundering, and for theft of public money. In total,
Peters and others transferred more than $2.5 million in fraudulent 2019 tax refunds, from
bank accounts in her control, to obtain Bitcoin.

According to the court documents, beginning in or around late February 2020, Peters used
stolen taxpayer information to prepare and submit fraudulent tax returns to the IRS. Peters
routinely falsified components of the tax returns, including earned income, itemized
expenses, and itemized deductions, in order to obtain a higher refund than would otherwise
be due to the legitimate taxpayer. In some instances, the false refunds were deposited into
accounts created and controlled by Peters; in other instances, the false returns were first
deposited into accounts controlled by others, and then transferred to an account controlled
by Peters. In addition to fraudulent tax refunds, the bank accounts controlled by Peters also
received U.S. Treasury deposits in the form of pandemic relief funds that were intended for
the named taxpayers. The contents of these bank accounts were then transferred for the
purpose of purchasing Bitcoin.

Tax Preparer Outreach
Former IRS Employee Schemed to Defraud the IRS and Commit Identity Theft
On May 8, 2023, in the Eastern District of California, Deena Vang Lee was sentenced to
54 months of imprisonment, 3 years’ supervised release, and ordered to pay $191,597 in
restitution. Lee was found guilty of wire fraud, aggravated identity theft, aiding and assisting
in the preparation and presentation of a false and fraudulent tax return, and making and
subscribing false and fraudulent tax returns. From 2012 through 2016, Lee at certain times
was an IRS employee who prepared and filed tax returns for other individuals that contained
false and fraudulent statements. In her role as a tax preparer, Lee used false information

                                                              April 1, 2023 – September 30, 2023│ 33
on customers’ tax returns and submitted those returns to the IRS. As part of this scheme,
Lee obtained the identification of multiple individuals and falsely listed these individuals as
childcare providers on multiple customers’ tax returns. Lee also falsely reported her income
related to the payments she received for tax preparation services on her tax returns for
TYs 2013, 2014, and 2015.




34 │April 1, 2023 – September 30, 2023
                         Investigations Statistical Reports
  Significant Investigative Achievements (April 1, 2023, Through September 30, 2023)
Complaints/Allegations Received by TIGTA
Complaints Against IRS Employees                                                                          1,240
Complaints Against Non-Employees                                                                          1,541
Total Complaints/Allegations                                                                              2,781

Status of Complaints/Allegations Received by TIGTA
Investigations Initiated                                                                                    604
In Process Within TIGTA 17                                                                                  383
Referred to IRS for Action                                                                                  666
Referred to IRS for Information Only                                                                        271
Referred to a Non-IRS Entity 18                                                                               0
Closed With No Referral                                                                                     516
Closed Associated With Prior Investigation                                                                  195
Closed With All Actions Completed                                                                           146
Total Complaints/Allegations                                                                              2,781

Investigations Opened and Closed
Total Investigations Opened                                                                               1,069

Total Investigations Closed                                                                               1,054

 Financial Accomplishments
Embezzlement/Theft Funds Recovered                                                                     $724,637
Contract Fraud and Overpayments Recovered                                                                    $0
Court-Ordered Fines, Penalties, and Restitution                                                     $27,551,945
Out-of-Court Settlements                                                                                     $0
Potentially Compromised by Bribery                                                                           $0
Tax Liability of Taxpayers Who Threaten and/or Assault IRS Employees                                   $172,566
IRS Assets and Resources Protected Against Malicious Loss                                                    $0

Total Financial Accomplishments                                                                     $28,449,148




17 Complaints for which final determination had not been made at the end of the reporting period.
18 A non-IRS entity includes other law enforcement entities or Federal agencies.


                                                                                   April 1, 2023 – September 30, 2023│ 35
 Status of Closed Criminal Investigations
 Criminal Referral                                             Employee            Non-Employee                 Total
     Referred – Accepted for Prosecution                               7                 201                     208
     Referred – Declined for Prosecution                             148                 173                     321
     Referred – Pending Prosecutorial Decision                        13                   40                      53
 Total Criminal Referrals 19                                         168                 414                     582
 No Referral                                                         218                 189                     407

 Criminal Dispositions 20
 Criminal Disposition                                           Employee            Non-Employee                Total
     Guilty (convicted)                                               0                     5                        5
     Guilty (plea)                                                    7                    78                      85
     Nolo Contendere (no contest)                                     0                     1                        1
     Pretrial Diversion                                               0                     1                        1
     Deferred Prosecution 21                                          1                     0                        1
     Not Guilty                                                       0                     0                        0
     Dismissed                                                        0                     7                        7
 Total Criminal Dispositions                                          8                    92                    100

 Administrative Dispositions on Closed Investigations 22
 Removed/Terminated                                                                                                  5
 Suspended/Reduction in Grade                                                                                        4
 Resigned/Retired/Separated Prior to Adjudication                                                                  36
 Oral or Written Reprimand/Admonishment                                                                              4
 Clearance Letter/Closed, No Action Taken                                                                            9
 Alternative Discipline/Letter With Cautionary Statement/Other                                                       4
 Non-Employee Actions 23                                                                                          197
 Total Administrative Dispositions                                                                                259


19 Criminal referrals include both Federal and State dispositions.
20 Final criminal dispositions during the reporting period. These data may pertain to investigations referred criminally in

prior reporting periods and do not necessarily relate to the investigations referred criminally in the previous Status of
Closed Criminal Investigations table. This table does not include investigations whose existence is protected from
disclosure by I.R.C. § 6103.
21 Generally, in a deferred prosecution, the defendant accepts responsibility for their actions and complies with certain

conditions imposed by the court. Upon the defendant’s completion of the conditions, the court dismisses the case. If the
defendant fails to fully comply, the court reinstates prosecution of the charge.
22 Final administrative dispositions during the reporting period. These data may pertain to investigations referred

administratively in prior reporting periods and do not necessarily relate to the investigations closed in the Investigations
Opened and Closed table.
23 Administrative actions taken by the IRS against non-IRS employees, e.g., contractors.


36 │April 1, 2023 – September 30, 2023
                   Summary of Investigative Reports and Criminal Referrals
Criminal Referral Breakdown

Number of Investigative Reports Issued

    Referred to the Department of Justice for Criminal Prosecution                             511

    Referred to State/Local Prosecuting Authorities                                             16

Number of Indictments and Criminal Informations

    Indictments                                                                                188

    Criminal Informations                                                                       22
Source: TIGTA OI’s Criminal Results Management System.



              Summary of Activity Relating to Complaints of Human Trafficking
Activity Relating to Complaints of Human Trafficking

Number of Suspected Violations Reported                                                          0

Number of Investigations                                                                         0

Status of Investigations                                                                       N/A

Outcome of Investigations                                                                      N/A
Source: TIGTA OI’s Criminal Results Management System.



Interference
During the reporting period, there were no attempts by the IRS to interfere with the
independence of TIGTA. Additionally, the IRS did not resist, object to oversight activities, or
significantly delay access to information.


Instances of Whistleblower Retaliation
During the reporting period, there were no investigations of whistleblower retaliation.




                                                                     April 1, 2023 – September 30, 2023│ 37
              Closed Investigations Involving IRS Senior Government Employees25
                       24



   Detailed Description of the Facts                                                                      If Declined,
                                                                             Criminal        Date
      and Circumstances of the                        Disposition                                            Date of
                                                                              Status        Referred
             Investigation                                                                                Declination
  N/A                                                      N/A                  N/A            N/A             N/A


During the reporting period, there were no investigations involving IRS senior government
employees.




24 When TIGTA refers an IRS employee investigation to the IRS, the investigation remains open until all actions are

completed, including any penalty imposed upon the employee by the IRS. TIGTA closes an employee investigation after
receiving notice from the IRS of the administrative action taken in response to that investigation.
25 For this report, a “senior Government employee” refers to an officer or employee in the Executive branch who occupies a

position classified at or above GS-15 of the General Schedule. 5 U.S.C.§ 405(i)(7).

38 │April 1, 2023 – September 30, 2023
                                    Audit Statistical Reports
           Audit Reports With Unimplemented Corrective Actions
   The Inspector General Act requires the identification of any recommendations
   described in previous semiannual reports, including the potential cost savings of
   those recommendations for which corrective actions have not been completed. The
   following list is based on information from the Treasury Department’s Joint Audit
   Management Information System (JAMES). 26


        Report                         Projected
                          Issued                                     Report Title and Recommendation Summary
        Number                         Completion
                                                                     (F = Finding No., R = Recommendation No.)
                                         Date
                                                       REVISING TAX DEBT IDENTIFICATION PROGRAMMING AND CORRECTING
                                                       PROCEDURAL ERRORS COULD IMPROVE THE TAX REFUND OFFSET
                                                       PROGRAM

                          March          On Hold 27    F-1, R-1: Revise identification processes to include sole proprietor
      2016-40-028                                      information from Form SS-4, Application for Employer Identification Number,
                          2016
                                                       to identify individual tax refunds to offset to business tax debt.
                                                       IMPROVEMENTS ARE NEEDED TO ENSURE THAT TAX ACCOUNTS ON THE
                                                       AUTOMATED NON-MASTER FILE ARE ACCURATELY PROCESSED

                           May           On Hold       F-1, R-1: Correct Automated Non-Master File programming to compute and
      2017-40-037                                      assess the Failure to File penalty on Form 1040NR, U.S. Nonresident Alien
                           2017
                                                       Income Tax Return, accounts in which the Taxpayer Identification Number
                                                       (TIN) is an Employee Identification Number (EIN).

                                         On Hold       F-1, R-2: Correct Automated Non-Master File programming to use the
                                                       correct date when computing the Failure to File penalty. In addition,
                                                       programming should be corrected to ensure that the proper penalty rate is
                                                       used to compute the penalty amount.
                                                       Potential Increased Revenue: $354,153
                                                       CASE SELECTION PROCESSES RESULT IN BILLIONS OF DOLLARS IN
                                                       POTENTIAL EMPLOYER UNDERREPORTED TAX NOT BEING ADDRESSED
                            July
      2017-40-038          2017          On Hold       F-3, R-1: Establish a systemic process to match data fields to perfect
                                                       unpostable Forms W-3, Transmittal of Wage and Tax Statements.

                                                       ADDITIONAL CONTROLS ARE NEEDED TO HELP ENSURE THAT
                                                       NONRESIDENT ALIEN INDIVIDUAL PROPERTY OWNERS COMPLY
                                                       WITH TAX LAWS
      2017-30-048         August
                           2017          On Hold       F-1, R-1: Request that a revision be made to Form 1040-NR to enable
                                                       nonresident aliens to make an election under I.R.C. § 871(d) and revise
                                                       processing procedures to ensure that the IRS records the election.




26 This summary data does not include recommendations that have been redacted in their entirety because they contain

information specifically prohibited from disclosure in their entirety by any provision of law, such as I.R.C. § 6103, protecting
tax returns and return information, or because they contain information the release of which could reasonably be expected
to allow circumvention of the law.
27 Except where noted, recommendations designated as “On Hold” were agreed to by the IRS, but action

was deferred pending the availability of funds.


                                                                                   April 1, 2023 – September 30, 2023│ 39
          Report                     Projected
                        Issued                                    Report Title and Recommendation Summary
          Number                     Completion
                                                                  (F = Finding No., R = Recommendation No.)
                                       Date

                                                    FURTHER ACTIONS ARE NEEDED TO REDUCE THE RISK OF EMPLOYMENT
                                                    TAX FRAUD TO BUSINESSES THAT USE THE SERVICES OF PROFESSIONAL
                                                    EMPLOYER ORGANIZATIONS
                       September
     2017-40-085
                         2017         On Hold 28    F-3, R-1: Establish processes and procedures to reduce unnecessary
                                                    resources expended notifying employers of an address change when
                                                    programming incorrectly identifies an address change resulting from
                                                    minor formatting revisions.
                                                    PROCESSES NEED TO BE IMPROVED TO IDENTIFY INCOMPLETE AND
                                                    FRAUDULENT APPLICATIONS FOR INDIVIDUAL TAXPAYER IDENTIFICATION
                                                    NUMBERS
                        January
     2018-40-010                      On Hold       F-3, R-2: Ensure that programming changes are made to require
                         2018
                                                    mandatory review when the Real-Time System alerts tax examiners that
                                                    an applicant is using duplicate supporting documents as has previously
                                                    been used to obtain an Individual Taxpayer Identification Number (ITIN).
                                                    ACTIONS ARE NEEDED TO REDUCE THE RISK OF FRAUDULENT USE OF
                                                    EMPLOYER IDENTIFICATION NUMBERS AND TO IMPROVE THE
                                                    EFFECTIVENESS OF THE APPLICATION PROCESS

     2018-40-013        February      On Hold       F-2, R-1: Correct programming to reject EIN applications when an EIN
                        2018                        has previously been assigned to the same sole proprietor and to reject
                                                    applications when IRS data indicate that the sole proprietor is deceased.

                                      On Hold       F-3, R-5: Develop programming to reject estate applications if the
                                                    decedent TIN is not that of a deceased individual.
                                                    ACTIVE DIRECTORY OVERSIGHT NEEDS IMPROVEMENT AND CRIMINAL
                                                    INVESTIGATION COMPUTER ROOMS LACK MINIMUM SECURITY
                                                    CONTROLS

     2018-20-034         June        01/15/24       F-2, R-1: Complete a cost analysis to: 1) determine the efficacy of
                         2018                       relocating Criminal Investigation assets in each of the field offices to
                                                    existing IRS computer rooms versus upgrading the Criminal Investigation
                                                    computer rooms to ensure that assets are protected in accordance with
                                                    Federal and Internal Revenue Manual (IRM) security requirements, and
                                                    2) implement the most cost-effective solution.
                                                    IMPROVEMENTS ARE NEEDED IN THE WITHHOLDING COMPLIANCE
                                                    PROGRAM
                       September
     2018-30-072         2018        On Hold        F-3, R-2: Analyze the current selection criteria used by the Withholding
                                                    Compliance System to determine if the taxpayers identified for systemic
                                                    lock-in letter issuance are the best use of limited resources. This would
                                                    include potentially identifying taxpayers with multiple years of under-
                                                    withholding and the percentage of inventory that includes nonfilers.




28 This recommendation was agreed to by the IRS but was placed “On Hold” because the IRS is awaiting input from another

agency.

40 │April 1, 2023 – September 30, 2023
 Report                   Projected
               Issued                                Report Title and Recommendation Summary
 Number                   Completion
                                                     (F = Finding No., R = Recommendation No.)
                            Date

                                       ADDITIONAL ACTIONS ARE NEEDED TO REDUCE ALIMONY REPORTING
                                       DISCREPANCIES ON INCOME TAX RETURNS
               August      On Hold     F-2, R-1: Include the validation of the alimony recipient TIN as part of the
2019-40-048    2019                    IRS’s tax return processing systemic TIN validation process.

                           On Hold     F-2, R-2: Modify Error Resolution System programming to send both
                                       e-filed and paper tax returns that contain an invalid recipient TIN to the
                                       Error Resolution function for review and correspondence with the
                                       taxpayer.
                                       THE BRING YOUR OWN DEVICE PROGRAM’S SECURITY CONTROLS NEED
                                       IMPROVEMENT
2019-20-046   September
                2019      09/15/24     F-3, R-1: Ensure the retention of Bring Your Own Device program
                                       application audit logs for the appropriate period and periodic review of
                                       the application audit logs by an independent source.
                                       ADDITIONAL ACTIONS ARE NEEDED TO FURTHER REDUCE
                                       UNDELIVERABLE MAIL

                           On Hold     F-1, R-1: Develop Service-wide processes and procedures to ensure that
                                       all operating divisions suppress the issuance of nonstatutory notices to
2019-40-074   September                taxpayers that have an undelivered mail indicator on their account;
                2019                   suppress the issuance of correspondence when a taxpayer’s address of
                                       record is an IRS campus; and research and update taxpayer addresses
                                       for which the U.S. Postal Service returns undeliverable mail with a yellow
                                       label that provides a more current address.

                           On Hold     F-2, R-1: Install and use hygiene software to perfect taxpayer addresses
                                       on the ITIN Real-Time System.
                                       IMPROVEMENTS ARE NEEDED TO ENSURE THAT CONSISTENT
                                       SUITABILITY CHECKS ARE PERFORMED FOR PARTICIPATION
                                       IN INTERNAL REVENUE SERVICE PROGRAMS
2020-40-005   November
                2019       On Hold     F-4, R-2: Develop processes and procedures to ensure that continuous
                                       criminal background checks are conducted on all program participants as
                                       part of the Federal Bureau of Investigations Records of Arrests and
                                       Prosecutions Back Program.




                                                                   April 1, 2023 – September 30, 2023│ 41
        Report                         Projected
                          Issued                                      Report Title and Recommendation Summary
        Number                         Completion
                                                                      (F = Finding No., R = Recommendation No.)
                                         Date

                                                       THE INTERNAL REVENUE SERVICE CAN IMPROVE TAXPAYER COMPLIANCE
                                                       FOR VIRTUAL CURRENCY TRANSACTIONS
      2020-30-066        September
                           2020         On Hold 29     F-1, R-1: Continue efforts to close the virtual currency information gap by
                                                       issuing guidance clarifying the proper information reporting associated with
                                                       virtual currency transactions.
                                                       EXPANSION OF SELF-CORRECTION FOR ELECTRONIC FILERS AND OTHER
                                                       IMPROVEMENTS COULD REDUCE TAXPAYER BURDEN AND COSTS
                         December                      ASSOCIATED WITH TAX RETURN ERROR RESOLUTION
      2021-40-008          2020
                                        On Hold        F-4, R-2: Develop processes and procedures to retain and provide access to
                                                       historical Error Resolution System data, including actions taken by tax
                                                       examiners.
                                                       ADDITIONAL SECURITY PROCESSES ARE NEEDED TO PREVENT
                                                       UNAUTHORIZED RELEASE OF TAX INFORMATION THROUGH THE INCOME
                                                       VERIFICATION EXPRESS SERVICE PROGRAM
      2021-45-017         February
                           2021         On Hold        F-4, R-1: Allocate sufficient resources to the Income Verification Express
                                                       Service Program to perform suitability checks that are consistent with other
                                                       IRS programs at the time of enrollment and implement a continuous tax
                                                       compliance check to ensure that they remain suitable for the program.
                                                       TAXPAYER FIRST ACT: DATA SECURITY IN THE IDENTITY THEFT TAX REFUND
                                                       FRAUD INFORMATION SHARING AND ANALYSIS CENTER
                            May
      2021-25-025                       04/15/24       F-3, R-1: Ensure that the Information Sharing and Analysis Center’s
                           2021
                                                       alternate processing site is converted to a ******** that achieves the
                                                       maximum tolerable downtime to prevent any filing season delays. 30
                                                       CONTROLS OVER THE INTERNAL REVENUE SERVICE CONTRACTOR TAX
                                                       CHECK PROCESS NEED TO BE IMPROVED
                           June                        F-2, R-1: Coordinate with the Treasury Suspension and Debarment Official
      2021-10-039                       12/15/23
                           2021                        to identify a required time frame and sample format for what information
                                                       should be included in the reports that the IRS provides on contractors with
                                                       Federal tax delinquencies. Revise the IRS Acquisition Policy Procedures,
                                                       Guidance, and Information to specify a required time frame for the reporting
                                                       to the Suspension and Debarment Official and include a sample reporting
                                                       format to help ensure that all required information is included.




29 This recommendation was agreed to by the IRS but was placed on “On Hold” because the process by which guidance is developed is not

within the IRS’s sole control.
30 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.



42 │April 1, 2023 – September 30, 2023
        Report                         Projected
                          Issued                                      Report Title and Recommendation Summary
        Number                         Completion
                                                                      (F = Finding No., R = Recommendation No.)
                                         Date

                                                       EFFORTS TO ADDRESS THE COMPLIANCE RISK OF UNDERREPORTING OF
                                                       S CORPORATION OFFICERS’ COMPENSATION ARE INCREASING, BUT MORE
                                                       ACTION CAN BE TAKEN
                           August
      2021-30-042          2021                        F-3, R-2: Evaluate the benefits of creating controls to identify invalid
                                        10/15/24
                                                       S corporations and mitigate the risk of noncompliance when shareholders
                                                       are found to be nonresident aliens.

                                                       ****************PLATFORM MANAGEMENT NEEDS IMPROVEMENT 31
                        September
      2021-20-063         2021          12/15/23       F-3, R-1: Retire older **************** and migrate to more current
                                                       *************** in accordance with the documented migration plan. 32

                                                       INCREASED AVAILABILITY OF TAX RESOURCES AND INFORMATION FOR
                                                       LIMITED ENGLISH PROFICIENT AND VISUALLY IMPAIRED TAXPAYERS HAS
                                                       ENHANCED ASSISTANCE, BUT ADDITIONAL IMPROVEMENTS ARE NEEDED
                        December                       F-4, R-1: Implement a more centralized and structured approach that
      2022-40-008                      12/15/25
                          2021                         includes an assessment of factors including high-volume notices and letters
                                                       issued to taxpayers to ensure that frequently issued notices and letters, as
                                                       well as those that have significant impact on the taxpayer, are translated into
                                                       Spanish.

                                       12/15/25        F-5, R-2: Establish a process for Limited English Proficient taxpayers to
                                                       provide feedback on their experience using the Over-the-Phone Interpreter
                                                       service.

                                       12/15/25        F-5, R-3: Establish a customer satisfaction measurement system to assess
                                                       the overall satisfaction with Over-the-Phone Interpreter service.

                                       12/15/25        F-6, R-1: Establish specific performance measures and goals to effectively
                                                       assess the assistance provided to Limited English Proficient and visually
                                                       impaired taxpayers.
                                                       ADMINISTRATION OF THE INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
                                                       PROGRAM
                          January
      2022-40-013          2022         08/15/24       F-1, R-1: Ensure that ITIN managers receive complete Real-Time System
                                                       extracts for use in the monthly reviews to identify ITIN applications with
                                                       duplicate entity information or supporting documents.




31 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.
32 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.



                                                                                   April 1, 2023 – September 30, 2023│ 43
     Report                  Projected
                  Issued                                Report Title and Recommendation Summary
     Number                  Completion
                                                        (F = Finding No., R = Recommendation No.)
                               Date
                                          PLANS TO CLOSE THE AUSTIN TAX PROCESSING CENTER SHOULD BE
                                          HALTED UNTIL HIRING CHALLENGES AND SUBSTANTIAL BACKLOGS AT
                                          REMAINING CENTERS ARE ADDRESSED

                  February   03/15/24     F-2, R-1: Identify and implement interim solutions that will address the
    2022-40-015
                   2022                   resource constraints currently being placed on the Submission Processing
                                          function due to its backlog.

                             12/15/24     F-3, R-1: Ensure that efforts to evaluate and purchase updated or new mail
                                          opening/sorting technology are timely addressed.
                                          CENTRALIZED PARTNERSHIP AUDIT REGIME RULES HAVE BEEN
                                          IMPLEMENTED; HOWEVER, INITIAL NO-CHANGE RATES ARE HIGH AND
                   March                  MEASURABLE GOALS HAVE NOT BEEN ESTABLISHED
    2022-30-020
                   2022
                             10/15/23     F-2, R-1: Implement a fully systemic method of monitoring and verifying
                                          pushouts to ensure that they are properly reported on partners’ returns.
                                          THE ADMINISTRATION OF PARTIAL PAYMENT INSTALLMENT AGREEMENTS
                                          NEEDS IMPROVEMENT

                             11/15/23     F-1, R-1: Inform taxpayers of the availability of Partial Payment Installment
                                          Agreements (PPIA) and provide outreach and information in the following
                                          areas: 1) tax topics and tips on the IRS public website; 2) instructions
                                          referencing PPIAs including what is required to qualify for a PPIA; and
                                          3) collection notices.
    2022-30-021    March
                   2022      11/15/23     F-1, R-2: Explore and consider additional potential changes to the
                                          instructions for Form 9465, Installment Agreement Request, concerning
                                          PPIAs.

                             11/15/23     F-2, R-1: Extend Accounts Management Services history note retention
                                          requirements pertaining to taxpayers’ Forms 433-F, Collection Information
                                          Statement, and financial analyses.

                             11/15/23     F-2, R-3: Request a change to Computer Paragraph 522, Installment
                                          Agreement – Review Financial Condition, to notify taxpayers that the
                                          financial information that they provide may result in a higher or lower
                                          installment amount or no change to their installment amount.
                                          THE IRS PRIVATE DEBT COLLECTION PROGRAM HAS NOT EFFECTIVELY
                                          REPORTED ALL PROGRAM COSTS OR INCLUDED ADEQUATE DISCLOSURES

                   March     10/15/23     F-1, R-1: Address the growing balance of $25.8 million in the Cost of
    2022-30-022    2022                   Services Fund, disclose in its Annual Reports to Congress the net revenue
                                          sent from the Private Debt Collection program to the General Fund, and
                                          determine the amount necessary to retain to pay the Private Collection
                                          Agencies without causing further growth in the Cost of Services Fund.
                                          Potential Funds Put to Better Use: $25,763,453




44 │April 1, 2023 – September 30, 2023
  Report               Projected
              Issued                              Report Title and Recommendation Summary
  Number               Completion
                                                  (F = Finding No., R = Recommendation No.)
                         Date
                                    PROGRAM AND ORGANIZATIONAL CHANGES ARE NEEDED TO ADDRESS
                                    THE CONTINUED INADEQUATE TAX ACCOUNT ASSISTANCE PROVIDED TO
                                    TAXPAYERS

                       12/15/23     F-2, R-1: Evaluate establishing two distinct IRS programs as part of the IRS
                                    reorganization under the Taxpayer First Act – one dedicated to answering
                                    toll-free telephone calls and another dedicated to working Accounts
              March                 Management inventory – with adequate staffing to provide appropriate
2022-46-027
              2022                  service to taxpayers using each channel.

                       10/15/24     F-3, R-7: Ensure that programming is updated to systemically reject
                                    electronic submissions of Forms 2848, Power of Attorney and Declaration of
                                    Representative, and 8821, Tax Information Authorization, when missing one
                                    of the five essential elements without manually mailing a rejection letter.

                       10/15/24     F-4, R-4: Develop a process to systemically pull all controlled inventory for
                                    each Accounts Management site for the Accounts Management Inventory
                                    Report to ensure consistency, reduce human error, and increase efficiencies.
                                    REDESIGN EFFORTS FOR MOST TAXPAYER FIRST ACT SECTION 1302
                                    REQUIREMENTS WERE PLANNED OR COMPLETED; HOWEVER,
                                    IMPLEMENTATION SCHEDULES AND REORGANIZATION PLANS NEED
              March                 TO BE FINALIZED
2022-15-031
              2022
                       06/15/24     F-1, R-1: Ensure that requests for organizational change are properly
                                    prepared, submitted, and approved prior to implementing any additional
                                    changes to the IRS’s organizational structure.

                                    THE CHILD TAX CREDIT UPDATE PORTAL WAS SUCCESSFULLY DEPLOYED,
                                    BUT SECURITY AND PROCESS IMPROVEMENTS ARE NEEDED
               May
2022-27-028   2022     09/15/24     F-5, R-1: Ensure that the Child Tax Credit Update Portal and the Secure
                                    Access Digital Identity system associated POA&Ms are completed timely
                                    based on IRS-defined timelines and processes.
                                    PROCESSING OF RECOVERY REBATE CREDIT CLAIMS DURING THE 2021
                                    FILING SEASON

               May     10/15/23     F-1, R-1: Review the returns that TIGTA identified and provide corrective
2022-46-032   2022                  actions the IRS intends to take.

                       10/15/23     F-1, R-3: Review the returns that TIGTA identified and take actions necessary
                                    to ensure that taxpayers receive the amount of the Recovery Rebate Credit
                                    they are entitled to receive.
                                    Potential Funds Put to Better Use: $217,927,531




                                                                 April 1, 2023 – September 30, 2023│ 45
      Report                 Projected
                    Issued                              Report Title and Recommendation Summary
      Number                 Completion
                                                        (F = Finding No., R = Recommendation No.)
                               Date
                                          A SERVICE-WIDE STRATEGY IS NEEDED TO ADDRESS CHALLENGES LIMITING
                                          GROWTH IN BUSINESS TAX RETURN ELECTRONIC FILING
                     May
     2022-40-036    2022                  F-1, R-1: Develop a Service-wide strategy to incorporate all forms for e-filing.
                              03/15/24
                                          This strategy should include processes and procedures to compile an
                                          accurate and comprehensive list of forms not available for e-filing, along
                                          with prioritization and specific timelines for the continued addition of forms
                                          for e-filing.

                                          REVIEW OF THE INDEPENDENT OFFICE OF APPEALS COLLECTION DUE
                                          PROCESS PROGRAM
     2022-10-043    August
                    2022      11/15/23    F-1, R-1: Reinforce the existing procedures for Appeals personnel to ensure
                                          that the correct Collection Statute Expiration Dates (CSED) are posted to
                                          taxpayer accounts.
                                          COMPLIANCE EFFORTS ARE NEEDED TO ADDRESS REFUND CLAIMS
                                          REPORTED ON FORM 1139 THAT ARE BASED ON THE CORONVIRUS AID,
                                          RELIEF, AND ECONOMIC SECURITY ACT NET OPERATING LOSS CARRYBACK
                                          PROVISIONS

                              07/15/24    F-1, R-1: Track and monitor examination results for the 25 “still open”
                                          examinations of Forms 1120, U.S. Corporation Income Tax Return, with
                                          reported net operating losses (NOL) and an associated Form 1139,
                   August                 Corporation Application for Tentative Refund, excluding Joint Committee
     2022-35-049
                   2022                   Refund cases which currently have specific monitoring requirements
                                          in place.

                              02/15/25    F-1, R-2: Use the examination results from Recommendation 1 to assess
                                          whether to increase the number of examinations of Forms 1120 with
                                          reported NOL and an associated Form 1139.

                              07/15/24    F-2, R-1: Review the examination results and computations of proposed
                                          NOL adjustments for the 25 “still open” Form 1120 examinations with
                                          associated Forms 1139, excluding Joint Committee Refund cases which
                                          currently have specific review requirements in place, to determine if the
                                          interim guidance regarding NOLs is being properly followed.
                                          DELAYS CONTINUE TO RESULT IN BUSINESSES NOT RECEIVING PANDEMIC
                                          RELIEF BENEFITS

                              10/15/23    F-2, R-1: Review the 928 business entities identified that do not appear to
    2022-46-059    August                 qualify as a recovery startup business and take actions needed to recover the
                   2022                   Employee Retention Credits that are determined to be erroneous.

                              12/15/23    F-3, R-5: Submit a request for the development of a systemic process to
                                          identify Form 941-X, Adjusted Employers QUARTERLY Federal Tax Return or
                                          Claim for Refund, claims that meet referral criteria and alert the Accounts
                                          Management employee when processing these claims of the need to refer
                                          the return to Examination.




46│ April 1, 2023 – September 30, 2023
        Report                         Projected
                          Issued                                      Report Title and Recommendation Summary
        Number                         Completion
                                                                      (F = Finding No., R = Recommendation No.)
                                         Date
                                                       THE PROCESS FOR TRACKING PHYSICAL SECURITY WEAKNESSES
                                                       IDENTIFIED IN IRS FACILITIES DOES NOT ENSURE THAT VULNERABILITIES
                                                       ARE PROPERLY ADDRESSED

                        September       10/15/23       F-1, R-1: Ensure that countermeasure recommendations, approvals or
      2022-10-046
                          2022                         denials, implementation decisions and actions, risk acceptance decisions,
                                                       and the associated cost of countermeasure implementation are adequately
                                                       tracked and maintained in a central location.

                                        10/15/23       F-1, R-3: Ensure that all recommended countermeasures identified in the
                                                       most recent risk assessment for each facility are tracked until a new risk
                                                       assessment is completed using the new countermeasure tracking mechanism.

                                                       CLOUD SERVICES WERE IMPLEMENTED WITHOUT KEY SECURITY CONTROLS,
                                                       PLACING TAXPAYER DATA AT RISK
      2022-20-052       September
                          2022          10/15/24       F-1, R-1: Expedite full implementation of the cloud security control
                                                       infrastructure **************. 33

                                                       THE END-USER INCIDENT MANAGEMENT PROCESS CAN BE IMPROVED

                        September       11/15/23       F-1, R-1: Ensure that incident ticket handling requirements are followed
      2022-20-053
                          2022                         including selecting specific codes related to the issues, documenting
                                                       actions taken including the reason for reassignments, and obtaining user
                                                       concurrence before closing the incident ticket.
                                                       DELAYS IN MANAGEMENT ACTIONS CONTRIBUTE TO THE CONTINUED TAX
                                                       PROCESSING CENTER BACKLOGS
                        September
      2022-46-057
                          2022          01/15/29       F-4, R-1: Ensure that various products and IRS.gov landing pages are
                                                       updated to reflect acceptable methods for faxing information to the IRS.
                                                       FISCAL YEAR 2022 STATUTORY REVIEW OF DISCLOSURE OF COLLECTION
                                                       ACTIVITY WITH RESPECT TO JOINT RETURNS

                                        10/15/23       F-1, R-1: Update the Office of Appeals IRM to provide guidance on what
                                                       collection activity must be disclosed and what collection activity must not
                                                       be disclosed to taxpayers who jointly filed returns, whether they are married,
                                                       divorced, or separated, and whether or not they have mirrored accounts.

                                        10/15/23       F-1, R-2: Require I.R.C. §§ 6103(e)(7) and (e)(8) refresher training for all
                        September                      appeals officers and settlement officers in Appeals regarding employee
      2022-30-058                                      requirements to disclose collection activity on jointly filed returns when
                          2022
                                                       requested from individuals who are no longer married or no longer reside in
                                                       the same household, whether or not they have mirrored accounts, and the
                                                       nondisclosure of prohibited taxpayer information.

                                        03/15/24       F-1, R-3: Update the Taxpayer Advocate Service’s (TAS) IRM 13.1.18,
                                                       Resolving TAS Cases, to provide a cross-reference to IRM 13.1.16, Receipt
                                                       and Assignment of TAS Cases, which contains commonly encountered
                                                       scenarios, explaining what collection activity must be disclosed to taxpayers
                                                       who jointly filed returns, whether they are married, divorced, or separated,
                                                       and whether or not they have mirrored accounts.




33 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.




                                                                                     April 1, 2023 – September 30, 2023│ 47
      Report                            Projected
                       Issued                                          Report Title and Recommendation Summary
      Number                            Completion
                                                                       (F = Finding No., R = Recommendation No.)
                                          Date
                                                         FISCAL YEAR 2022 STATUTORY REVIEW OF COMPLIANCE WITH LEGAL
                                                         GUIDELINES WHEN ISSUING LEVIES

                                       06/15/24          F-1, R-3: Ensure that the necessary programming changes are made to
                                                         address the recommendations made in last year’s review.

                                       06/15/24          F-2, R-1: Monitor the average processing time of Collection Due Process
                      September                          hearing requests and, if warranted, outline and make recommendations
    2022-30-061         2022                             to revise procedures and/or develop automation tools to ensure the timely
                                                         input of the transaction code.

                                        06/15/24         F-3, R-1: Ensure that corrective programming is implemented so
                                                         that the Integrated Collection System looks for existing Centralized
                                                         Authorization File information, updates the system accordingly,
                                                         and notifies the revenue officer when there is a discrepancy between
                                                         the Power of Attorney information in the Integrated Collection System
                                                         and the Centralized Authorization File.
                                                         ADDITIONAL ACTIONS ARE NEEDED TO ENSURE COMPLIANCE WITH THE
                                                         SECTION 965 REPATRIATION TAX

                                       10/15/23          F-2, R-1: Revise the CP56 and CP256 notices to add more information on
                                                         how the Section 965 installment payments should be made.
                      September
    2022-34-062                        10/15/23          F-2, R-2: Ensure that any business requirements developed by the
                        2022                             “Section 965 Core Team” systemically identify all Section 965 payments
                                                         that are applied to TY 2019 or later tax modules so they can be
                                                         evaluated to determine if they were correctly processed.

                                       10/15/23          F-3, R-2: Develop procedures to identify S Corporation shareholders who
                                                         made an election under Section 965(i) and who did not annually submit
                                                         the Form 965-A, Individual Report of Net 965 Tax Liability, or did not
                                                         report the correct amount of the Section 965 deferral on the Form 965-A.
                                                         Potential Increased Revenue: $6,265,523
                                                         THE IRS NEEDS TO IMPROVE ITS DATABASE VULNERABILITY SCANNING
                                                         AND PATCHING CONTROLS
    2022-20-065       September
                        2022            10/15/24         F-1, R-1: Ensure that ***************** 34 is performed on all IBM
                                                         mainframe databases.
                                                         MORE SHOULD BE DONE TO INCREASE USE AND AVAILABILITY OF THE
                                                         IRS'S TAXPAYER DIGITAL COMMUNICATION TOOLS

                                        05/15/24         F-2, R-1: Ensure that an evaluation plan is developed and implemented
                                                         to thoroughly assess the Taxpayer Digital Communication (TDC) program
                                                         and its management of the TDC installations. At a minimum, the
                       November                          evaluation plan should include clearly stated objectives that measure
    2023-30-003         2022                             success against well-defined standards and detailed steps for verifying
                                                         that sufficient benefits are being realized in relation to the costs being
                                                         incurred.

                                        05/15/24         F-3, R-1: Develop a method by which detailed information is obtained from
                                                         stakeholders, both taxpayers and IRS employees, to determine why users
                                                         may not be interested in TDC installations, what barriers to adoption may
                                                         exist within the IRS, and how IRS employees may be able to support
                                                         taxpayer adoption.




   34 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.



48│ April 1, 2023 – September 30, 2023
  Report                  Projected
               Issued                                Report Title and Recommendation Summary
  Number                  Completion
                                                     (F = Finding No., R = Recommendation No.)
                            Date
                                       FISCAL YEAR 2023 BIANNUAL INDEPENDENT ASSESSMENT OF
                                       PRIVATE COLLECTION AGENCY PERFORMANCE
               December
2023-30-005     2022                   F-2, R-1: Ensure that the IRS does not burden taxpayers in existing
                          01/15/26
                                       payment agreements when Private Collection Agency contracts are
                                       ending by developing a solution to continue to service taxpayers in
                                       active payment arrangements.

                                       OPPORTUNITIES EXIST FOR THE IRS TO DEVELOP A MORE
                                       COORDINATED APPROACH TO EXAMINATION WORKPLAN
                                       DEVELOPMENT AND RESOURCE ALLOCATION

                          04/15/24     F-1, R-1: Consider adopting a multiyear, comprehensive Examination
                                       Strategic Plan that addresses all workstreams from all divisions to
                                       rank them by risk and priority that can be used to guide resource
                                       allocation. In addition, the plan should contain specific and
               February                measurable performance goals or expected outcomes to help measure
 2023-30-008
                2023                   progress.

                          09/15/24     F-2, R-1: Establish a documented annual enterprise-wide examination
                                       planning process that aligns with the multiyear, comprehensive
                                       Examination Strategic Plan.

                          10/15/23     F-3, R-1: Establish a process to use Tax Gap data annually to identify
                                       opportunities to better align resources that more effectively narrow the
                                       net Tax Gap.

                          04/15/24     F-4, R-1: Develop a tool to consider risk and other relevant variables
                                       to inform examination resource allocation decisions, then expand its
                                       use to include Examination workstreams from all divisions.
                                       IMPROVEMENTS TO THE EMPLOYMENT TAX EXAMINATION
                                       PROCESS ARE NEEDED TO INCREASE TAXPAYER COMPLIANCE
                                       AND COLLECTION POTENTIAL

                          11/15/23     F-1, R-1: Require that quality reviews of the Employment Workload
                                       Selection and Delivery Employment Workload Selection and Delivery
                                       Gatekeeper be documented and create a segregation of duties for
                                       managerial reviews to provide effective oversight of the Gatekeeper
                                       function.
               February
2023-30-009
                2023                   F-1, R-2: Ensure that all required managerial reviews are properly
                          11/15/23
                                       conducted and documented.

                          11/15/23     F-2, R-2: Issue a policy alert to remind examiners of the procedures
                                       and guidance on the proper language/information that should be
                                       included on Form 4666, Summary of Employment Tax Examination.

                          11/15/23     F-3, R-1: Ensure that Employment Tax examination managers are
                                       verifying that all required and applicable documentation is included
                                       in the Issue Management System case file prior to case closure, such
                                       as by completing a Manager’s Quality Checklist.




                                                             April 1, 2023 – September 30, 2023│ 49
      Report                  Projected
                   Issued                                Report Title and Recommendation Summary
      Number                  Completion
                                                         (F = Finding No., R = Recommendation No.)
                                Date
                                           ACTIONS HAVE BEEN TAKEN TO IMPLEMENT TAXPAYER FIRST ACT
                                           PROVISIONS RELATED TO THE IRS INDEPENDENT OFFICE OF APPEALS;
                                           HOWEVER, SOME IMPROVEMENTS ARE STILL NEEDED

                              10/15/23     F-1, R-1: Establish a process with the appropriate Business Operating
                                           Divisions to identify, track, and update forms, letters, publications,
                                           notices, websites, and social media that still require the new IRS
                                           Independent Office of Appeals name.
                   February                F-2, R-1: Re-emphasize the requirements for Appeals personnel to:
    2023-15-010     2023      01/15/24
                                           1) input the proper Appeals Centralized Database System coding and
                                           documentation in their case history related to the I.R.C. case file access
                                           rights, and 2) provide the case file to the specified taxpayer at least 10
                                           calendar days before the date of the Appeals conference or document in
                                           the case history if the taxpayer waives this right.

                              12/15/24     F-3, R-1: Develop and implement: 1) guidance that clearly defines
                                           matters for which Appeals consideration has been denied and is required
                                           to follow I.R.C. § 7803(e)(5), 2) a process for obtaining approval to deny a
                                           taxpayer’s appeal under I.R.C. § 7803(e)(5) as well as a mechanism to
                                           track these types of cases, and 3) procedures to respond to a taxpayer's
                                           protest of a denied appeal under I.R.C. § 7803(e)(5).
                                           THE IRS HAS NOT ADEQUATELY PRIORITIZED FEDERAL CIVILIAN EMPLOYEE
                                           NONFILERS

                              03/15/24     F-1, R-1: Enhance IRM procedures and develop annual refresher training
                                           to the Federal Employee/Retiree Delinquency Initiative (FERDI) staff that
                                           can be used to develop potential fraud referrals.

                              02/15/24     F-1, R-2: Revise IRM 5.19.18 to refer employees to the Fraud Handbook
                                           for fraud and/or willfulness procedures as soon as indications of fraud are
                                           present in any FERDI nonfiler case.

                              03/15/24     F-1, R-3: Conduct an annual analysis on open FERDI cases that have
                                           multiple nonfiling years and determine the next course of action
                                           dependent upon this analysis and recommendations from the Office of
                   March                   Fraud Enforcement. Cases that are deemed to have indicators of
    2023-30-011    2023                    willfulness and/or fraud should be referred to Criminal Investigation.

                              07/15/24     F-2, R-1: Prioritize all FERDI Taxpayer Delinquent Account and Taxpayer
                                           Delinquency Investigations (TDI) work at the designated campus site.

                              03/15/25     F-2, R-2: Consider systemically sending the letter LT 26, We Have No
                                           Record of Receiving Your Tax Returns, to the taxpayer within 30 days of
                                           the case moving into standalone TDI inventory.

                              03/15/25     F-2, R-3: Add verbiage to the letter LT 39, Reminder Notice, including
                                           the outstanding TDI and how the taxpayer can resolve it.

                              03/15/25     F-2, R-4: Implement a programming fix to ensure that FERDI TDIs are
                                           properly blocked when a shelved transaction code is being used.
                                           Additionally, update IRM 5.19.17 to improve instructions when working
                                           FERDI accounts to reduce the risk of FERDI accounts being shelved
                                           incorrectly.

                              03/15/25     F-2, R-5: Complete Individual Master File Case Creation Nonfiler
                                           Identification Process processing for TY 2020 as soon as a determination
                                           has been made that all TY 2020 returns have been processed.




50│ April 1, 2023 – September 30, 2023
 Report                Projected                 Report Title and Recommendation Summary
                                                (F= Finding No. and R=Recommendation No.)
 Number               Completion
                         Date
                                   ADDITIONAL ACTIONS ARE NEEDED TO IMPROVE AND SECURE THE INCOME
                                   VERIFICATION EXPRESS SERVICE PROGRAM

                      07/15/24     F-2, R-1: Ensure that the business transcript request capability is
                                   implemented as soon after the January 2023 legislative deadline as
                                   possible.
              March   02/15/25     F-3, R-1: Complete a usage study and document a decision regarding if
2023-45-014   2023                 the IRS will mandate that participants use the Taxpayer First Act Income
                                   Verification Express Service system.

                      01/15/25     F-6, R-1: Develop a process to ensure that transcript requests for victims
                                   of identity theft are not processed erroneously. These processes should
                                   include systemic tools to prevent employees from processing the requests.
                                   In addition, the processes should continually identify and address tax
                                   examiners processing the transcript requests erroneously.
                                   ACTIONS ARE NEEDED TO IMPROVE THE COMPLETENESS, DEVELOPMENT,
                                   AND REVIEW OF IRS TAX GAP ESTIMATES

                      10/15/23     F-1, R-2: Improve the transparency of the Tax Gap estimates in future
                                   revisions of the Tax Gap report by including an enhanced discussion of
                                   the limitations of the Tax Gap estimates, including the types of taxpayer
                                   noncompliance that are not included in the estimates and those types
              March                that may not be fully captured.
2023-10-016
              2023
                      08/30/24     F-3, R-2: Reestablish an advisory group to review any updates to the
                                   Tax Gap methodology that would significantly affect the estimates.

                      10/15/24     F-3, R-3: Develop a formal process for documenting the advisory group’s
                                   feedback on the Tax Gap estimates, including making a high-level
                                   summary of its feedback available to the public.
                                   THE ENTERPRISE CASE MANAGEMENT SYSTEM DID NOT CONSISTENTLY
                                   MEET CLOUD SECURITY REQUIREMENTS

              March   02/15/24     F-1, R-2: Complete the development and testing of an automated
2023-20-018
              2023                 malicious code protection application and implement the application
                                   on all Linux servers.

                      02/15/24     F-2, R-1: Ensure that privileged user activity logs are regularly monitored
                                   and inactive accounts deactivated in accordance with agency security
                                   requirements.
                                   THE IRS ELIMINATED ITS EMPLOYEE SUGGESTION PROGRAM WITHOUT
                                   PLANS FOR A REPLACEMENT

                      03/15/24     F-1, R-1: Contact comparable Federal agencies with the highest levels of
              March                engagement and employee satisfaction scores and identify best practices
2023-30-020
              2023                 of those agencies' Employee Suggestion Programs.

                      11/15/24     F-1, R-2: Develop options for a new Service-wide employee feedback
                                   process to support the agency’s transformation efforts under the Inflation
                                   Reduction Act.




                                                               April 1, 2023 – September 30, 2023│ 51
           Inspections and Evaluations Statistical Reports
           Evaluation Reports With Unimplemented Corrective Actions
The Inspector General Act requires identification of recommendations described in previous
semiannual reports, including the potential cost savings of those recommendations, for which
corrective actions have not been completed. The following list is based on information from the
Treasury Department’s Joint Audit Management Enterprise System (JAMES).

     Report             Issued           Projected
                                                                     Report Title and Recommendation Summary
     Number                             Completion
                                                                     (F = Finding No., R = Recommendation No.)
                                           Date
                                                        PHYSICAL SECURITY CONTROLS AT THE ******************** 35

                                        2/15/2024       F-1, R-1: Recommendation was redacted in its entirety.
                        October
  2023-IE-R001
                         2022           8/15/2024       F-5, R-1: Recommendation was redacted in its entirety.

                                        7/15/2024       F-6, R-1: Recommendation was redacted in its entirety.




35 Redaction due to subject matter that might create a risk of circumvention of the law if publicly released.



52│ April 1, 2023 – September 30, 2023
April 1, 2023 – September 30, 2023│ 53
                                                        Appendix I
                                                        Other Reports
The Inspector General Act requires Inspectors General to address the following issues for the
Offices of Audit and Inspections and Evaluations: 36


                                   Issue                                        Result for TIGTA

  Interference/Access to Information
     Report any attempt to interfere with the independence of
     TIGTA, including: budget constraints designed to limit the    As of September 30, 2023, there were no
     capabilities of TIGTA; and incidents of resistance or         attempts to interfere with the independence
     objection to oversight activities of TIGTA.                   of TIGTA or instances of restricted or
                                                                   significantly delayed access to information.
     Report restricted or significantly delayed access to
     information, including the justification of the
     establishment for such action.

  Disputed Recommendations
                                                                   As of September 30, 2023, there were no
      Provide information on significant management decisions      instances in which significant
      in response to recommendations with which the Inspector      recommendations were disputed.
      General disagrees.

  Revised Management Decisions
      Provide a description and explanation of the reasons for     As of September 30, 2023, there were no
      any significant revised management decisions made            significant revised management decisions.
      during the reporting period.

  Reports Issued in the Prior Reporting Period With No
  Management Response                                              As of September 30, 2023, there were no
      Provide a summary of each report issued before the           prior reports for which management’s
      beginning of the current reporting period for which no       response was not received within 60 days of
      management response was received within 60 days of           issuance.
      the report issuance date.

  Management Decisions Issued in the Current Reporting
  Period For Any Reports Issued in a Prior Reporting               As of September 30, 2023, there were no
  Period                                                           reports issued during the prior reporting
      Provide a summary of reports issued before the               period for which management’s response
      beginning of the current reporting period for which a        was received during the current reporting
      management response was received during the current          period.
      reporting period.




36 Results listed are for this reporting period only.



54│ April 1, 2023 – September 30, 2023
Disclosure
                                                               As of September 30, 2023, there were no
   Provide detailed descriptions of the circumstances of       reports that were closed and not disclosed to
   each inspection, evaluation, and audit that was closed by   the public.
   the agency and was not disclosed to the public.


Review of Legislation and Regulations
                                                               TIGTA’s Office of Chief Counsel reviewed 165
   Review existing and proposed legislation and regulations,   proposed regulations and legislative requests
   and make recommendations concerning the impact of           during this reporting period.
   such legislation or regulations.




                                                                      April 1, 2023 – September 30, 2023│ 55
                                                  Appendix II
                                                  Audit Products
                    Issued April 1, 2023, Through September 30, 2023 37
                                             Report Title                                       Report Number/Link38

                                             April 2023
 Annual Assessment of the IRS’s Information Technology Program for Fiscal Year 2022                     2023-20-006
 Implementation of the Taxpayer First Act Provision Regarding the Management and Purchase
 of Information Technology Resources Needs Improvement                                                  2023-25-017

                                             May 2023
 The Knowledge Management Program Will Benefit From Addressing User Concerns and
                                                                                                        2023-30-024
 Improving Performance Measures and Controls Over Employee Costs
 Disaster Recovery of Information Systems That Support Mission Essential Functions
                                                                                                        2023-20-023
 Needs Improvement
 Interim Results of the 2023 Filing Season                                                              2023-40-029
 Additional Actions Are Needed to Reduce Accounts Management Function
                                                                                                        2023-46-026
 Inventories to Below Pre‑Pandemic Levels
 Fiscal Year 2022 Improper Payment Reporting Requirements Were Largely Met;
                                                                                                        2023-40-032
 However, Improper Payment Estimates Are Less Precise
 Plans Were Made to Implement the Taxpayer Experience Strategy, but Progress
                                                                                                        2023-15-028
 Is Not Monitored
 Recurring Identification Is Needed to Ensure That Employers Full Pay the Deferred
                                                                                                        2023-46-030
 Social Security Tax
 Opportunities Exist to Improve the Accuracy of Information in the Centralized Authorization
                                                                                                        2023-40-033
 File and Increase the Use of the Tax Pro Account System
 The IRS Large Business and International Division Should Consider Shifting Individual
                                                                                                        2023-30-019
 Examination Resources to More Productive Examinations
 Services to Underserved Communities Have Been Ongoing; However, an Agencywide Strategy
                                                                                                        2023-15-027
 Has Not Been Developed

                                             June 2023
 Planning Efforts to Hire Employees Who Conduct Audits of High Earners and Large Businesses
                                                                                                        2023-10-025
 Could Be Improved
 Additional Actions Are Needed to Improve Data Collection and Analysis of Whistleblower
                                                                                                        2023-35-031
 Claims and Ensure Full Compliance With the Taxpayer First Act
 Actions Have Been Taken to Improve the Privacy Program; However, Some Privacy Controls
                                                                                                        2023-20-034
 Have Not Been Fully Implemented and Assessed
 American Rescue Plan Act: Continued Review of Premium Tax Credit Provisions                            2023-47-036

 American Rescue Plan Act: Review of the Reconciliation of the Child Tax Credit                         2023-47-035
 American Rescue Plan Act: Assessment of the Expanded Child and Dependent Care and
                                                                                                        2023-47-037
 Earned Income Tax Credits




37 Unless otherwise noted, IRS management decisions were made by the end of the reporting period for all audit products

listed in this appendix.
38 Dollar values for any recommendations with Questioned Costs and/or Funds Put to Better Use are available in the

Outcome Measure Appendix of the report linked, if applicable.

56│ April 1, 2023 – September 30, 2023
                                          July 2023
Actions Are Needed to Improve the Zero Trust Architecture Implementation                             2023-20-039

The Cyber Threat Hunting Program Properly Conducts Analysis to Identify Threats;
                                                                                                     2023-20-040
However, Guidance, Documentation, and Controls Need to Be Improved
The Customer Callback System Benefits Taxpayers; However, Performance Measures
                                                                                                     2023-10-046
Are Not Comprehensive and More Callers Could Qualify for Callback Offers

Review of the IRS Independent Office of Appeals Collection Due Process Program                       2023-10-038

Review of the Internal Revenue Service’s Purchase Card Violations Report                             2023-10-052

                                          August 2023
Fiscal Year 2023 IRS Federal Information Security Modernization Act Evaluation                       2023-20-041

Expanded Use of Special Payment Incentives Could Help Improve
                                                                                                     2023-10-043
Recruitment and Retention Efforts
Indicators Used to Prevent Filing of Tax Returns for Deceased Taxpayers
Were Incorrectly Placed on Some Taxpayer Accounts                                                    2023-40-044

Security Weaknesses Are Not Timely Resolved and Effectively Managed                                  2023-20-042

Fiscal Year 2023 Statutory Review of Restrictions on Directly Contacting                             2023-30-051
Represented Taxpayers
Processing of Recovery Rebate Credit Claims During the 2022 Filing Season                            2023-47-056
Processes Are in Place to Identify and Address Potential Conflicts of Interest in Large
Corporate Tax Administration                                                                         2023-40-047

Known Exploited Vulnerabilities That Remain Unremediated Could Put the IRS Network at Risk           2023-20-048

Fiscal Year 2023 Statutory Review of Compliance With Notifying Taxpayers of Their Rights
                                                                                                     2023-10-049
When Requested to Extend the Assessment Statute
The IRS Needs to Leverage the Most Effective Training for Revenue Agents
Examining High-Income Taxpayers                                                                      2023-30-054

                                          September 2023
The Internal Revenue Service Has Experienced Challenges in Transitioning to Electronic
                                                                                                     2023-10-050
Records
Actions Have Been Taken to Enhance Fuel Tax Credit Screening and Examination Processes;
                                                                                                     2023-30-053
However, Improvements Are Still Needed
Fiscal Year 2023 Review of Compliance With Legal Guidelines When Conducting
                                                                                                     2023-30-059
Seizures of Taxpayers’ Property

Fiscal Year 2023 Mandatory Review of Compliance With the Freedom of Information Act                  2023-10-055

Fiscal Year 2023 Statutory Audit of Compliance With Legal Guidelines Restricting the Use of
                                                                                                     2023-30-058
Records of Tax Enforcement Results
Actions Need to Be Taken to Improve the Cyber Security Assessment and Management
                                                                                                     2023-20-064
Application Security Controls
Fiscal Year 2023 Statutory Review of Compliance With Notice of Federal Tax Lien Filing
                                                                                                     2023-30-057
Collection Due Process Procedures
Fiscal Year 2023 Mandatory Review of Disclosure of Collection Activity With Respect
                                                                                                     2023-30-063
to Joint Returns




                                                                                  April 1, 2023 – September 30, 2023│ 57
 Fiscal Year 2023 Statutory Review of Potential Fair Tax Collection Practices Violations     2023-30-060

 The IRS Implemented Processes to Prevent Future Unauthorized Disclosures
                                                                                             2023-2S-069
 of Form 990-T Information

 Fiscal Year 2023 Statutory Review of Compliance With Legal Guidelines When Issuing Levies   2023-30-066
 The Enterprise Physical Access Control System Implementation and Physical Security
                                                                                             2023-20-062
 Controls Need Improvement
 Key Events of the IRS’s Planning Efforts to Implement Login.gov for Taxpayer
                                                                                             2023-2S-070
 Identity Verification
 Opportunities Exist to Improve the Audit Selection Process for the Qualified Plug-In
                                                                                             2023-30-065
 Electric Drive Motor Vehicle Credit




58│ April 1, 2023 – September 30, 2023
                                                Appendix III
                            Inspections and Evaluations Products
                    Issued April 1, 2023, Through September 30, 2023 39
                                           Report Title                                          Report Number/Link 40

                                           May 2023
 Actions Are Being Taken to Reduce Risks to Employees Whose Names Are Required to Be
                                                                                                        2023-IE-R004
 Included on Internal Revenue Service Correspondence

 Assessment of the Internal Revenue Service’s Active Shooter Readiness and Training                     2023-IE-R005

                                           July 2023
 Actions Are Needed to Address Inaccurate, Incomplete, and Inconsistent Taxpayer Assistance
                                                                                                        2023-IE-R006
 Center Information Provided to Taxpayers

                                           August 2023
 Sensitive Tax Information Is Not Being Controlled Adequately When Shipping to and From Tax             2023-IE-R007
 Processing Centers
 Sensitive Business and Individual Tax Account Information Stored on Microfilm                          2023-IE-R008
 Cannot Be Located

                                          September 2023
 Process, Training, and Awareness Enhancements Can Better Inform Employees on How to                    2023-IE-R009
 Report Taxpayer Assaults and Threats
 Inflation Reduction Act: Assessment of the IRS’s Efforts to Deliver Expected Improvements for          2023-IE-R010
 the 2023 Filing Season
 Review of the IRS’s Process to Perform Mandatory Annual Examinations of Presidential Returns           2023-IE-R011
 for Tax Years 2000 Through 2021
 Federal Acquisition Regulation Requirements Were Either Not Performed or Documented When               2023-IE-R012
 Awarding and Administering Expert Witness Contracts




39 Unless otherwise noted, IRS management decisions were made by the end of the reporting period for all audit products

listed in this appendix.
40 Dollar values for any recommendations with Questioned Costs and/or Funds Put to Better Use are available in the

Outcome Measure Appendix of the report linked, if applicable.

                                                                                 April 1, 2023 – September 30, 2023│ 59
                                                Appendix IV
                         TIGTA’s Statutory Reporting Requirements
       The following table reflects the FY 2023 statutory reviews.

               Reference to
                                               Explanation of the Provision              Comments/TIGTA Audit Status
            Statutory Coverage

                                                                                      Rep. No. 2023-30-058; Sep 2023
                                                                                      TIGTA found instances of
                                                                                      noncompliance with RRA 98 § 1204
                                                                                      requirements. Specifically, TIGTA
                                                                                      identified the following noncompliance:
     Enforcement Statistics                Requires TIGTA to evaluate the IRS’s       13 violations in which a Record of Tax
                                           compliance with restrictions under         Enforcement Results was used to
     I.R.C. § 7803(d)(1)(A)                RRA 98 § 1204 on the use of                evaluate an employee § 1204(a),
                                           enforcement statistics to evaluate IRS     14 instances in which IRS
                                           employees.                                 management failed to either maintain
                                                                                      the retention standard documentation
                                                                                      or ensure that it was appropriately
                                                                                      signed (§ 1204(b)), and 25 managers
                                                                                      who did not complete the FY 2022
                                                                                      quarterly certification (§ 1204(c)).
                                                                                      Additionally, the IRS self-reported two
                                                                                      instances of § 1204(a)
                                                                                      noncompliance.

                                                                                      Rep. No. 2023-30-051; Aug 2023
                                                                                      TIGTA reviewed a sample of 132
                                                                                      taxpayers and found 12 instances in
                                                                                      which the Field Collection employee
                                                                                      potentially violated a taxpayer’s
     Restrictions on Directly Contacting   Requires TIGTA to evaluate the IRS’s       rights under I.R.C. § 7521 and fair
     Taxpayers                             compliance with restrictions under         tax collection practices of I.R.C.
                                           I.R.C. § 7521 on directly contacting       § 6304(a)(2). TIGTA also reviewed
     I.R.C. § 7803(d)(1)(A)(ii)            taxpayers who have indicated they prefer   129 cases in the Embedded Quality
                                           their representatives be contacted.        Review System data in which the quality
                                                                                      element “right to representation not
                                                                                      observed,” was reported as a potential
                                                                                      exception and the reviewer included a
                                                                                      narrative explaining the specific nature
                                                                                      of the violation. TIGTA found that for
                                                                                      the 129 potential violations, there were
                                                                                      48 taxpayers for whom the IRS did not
                                                                                      comply with the law regarding the right
                                                                                      to representation. TIGTA concluded that
                                                                                      the IRS has significant gaps in both its
                                                                                      reporting of potential employee
                                                                                      misconduct and in disciplining
                                                                                      employees for potential taxpayer
                                                                                      violations.




60│ April 1, 2023 – September 30, 2023
           Reference to
                                            Explanation of the Provision                   Comments/TIGTA Audit Status
        Statutory Coverage

                                                                                        Rep. No. 2023-30-057; Sep 2023
                                                                                        Tests of a statistically valid sample of
                                                                                        116 Notice of Federal Tax Liens
Filing of a Notice of Lien              Requires TIGTA to evaluate the IRS’s            determined that the IRS did not always
                                        compliance with required procedures             mail the Notice of Federal Tax Lien
I.R.C. § 7803(d)(1)(A)(iii)             under I.R.C. § 6320(a) upon the filing of a     filings and Collection Due Process
                                        notice of lien.                                 appeal rights to the taxpayers’ last
                                                                                        known addresses. The sample
                                                                                        identified four cases for which the
                                                                                        address on the original lien notices
                                                                                        and the current address on the IRS
                                                                                        computer system did not agree.


                                                                                        Rep. No. 2023-10-049; Aug 2023
                                                                                        TIGTA reviewed a statistical sample of
Extensions of the Statute of            Requires TIGTA to include information
                                                                                        53 closed taxpayer audit files with
Limitations for Assessment of Tax       regarding extensions of the statute of
                                                                                        assessment statute extensions and
                                        limitations for assessment of tax under
I.R.C. § 7803(d)(1)(C)                                                                  found that the IRS complied with I.R.C.
                                        I.R.C. § 6501 and the provision of notice to
                                                                                        § 6501(c)(4)(B). However, TIGTA
I.R.C. § 6501(c)(4)(B)                  taxpayers regarding the right to refuse or
                                                                                        found that seven of these taxpayer
                                        limit the extension of particular issues or a
                                                                                        audit files did not contain required
                                        particular period of time.
                                                                                        documentation to support that
                                                                                        taxpayers and/or taxpayers’
                                                                                        representatives were provided with the
                                                                                        required notifications. The IRS
                                                                                        continues to have difficulties providing
                                                                                        most of the paper documents
                                                                                        requested.

                                                                                        Rep. No. 2023-30-066; Sep 2023
                                                                                        TIGTA reviewed levies issued by the
                                        Requires TIGTA to evaluate the IRS’s            IRS’s Automated Levy Programs
 Levies
                                        compliance with required procedures under       for more than 2 million taxpayers
                                        I.R.C. § 6330 regarding levies.                 during the period July 1, 2021, through
 I.R.C. § 7803(d)(1)(A)(iv)
                                                                                        June 30, 2022, and certain levies
                                                                                        issued by revenue officers. TIGTA
                                                                                        identified 11,258 instances of
                                                                                        noncompliance that resulted in
                                                                                        violations of taxpayers’ rights and
                                                                                        taxpayers being burdened.

                                                                                        Rep. No. 2023-10-038; Jul 2023
                                                                                        TIGTA reviewed a statistical sample of
                                        Requires TIGTA to evaluate the IRS’s            106 cases and identified that Appeals
Collection Due Process
                                        compliance with required procedures             did not always classify taxpayer
                                        under I.R.C. §§ 6320 and 6330 regarding         requests properly or provide only one
I.R.C. §§ 7803(d)(1)(A)(iii) and (iv)
                                        taxpayers’ rights to appeal lien or levy        hearing with respect to the taxable
                                        actions.                                        period related to the unpaid tax.
                                                                                        Similar to prior audits, TIGTA identified
                                                                                        processing errors in which the IRS
                                                                                        either incorrectly extended the CSED,
                                                                                        allowing the IRS additional time to
                                                                                        collect the delinquent taxes; or
                                                                                        incorrectly shortened the CSED,
                                                                                        resulting in the IRS having less time to
                                                                                        collect the delinquent taxes.




                                                                                April 1, 2023 – September 30, 2023│ 61
               Reference to
                                                  Explanation of the Provision              Comments/TIGTA Audit Status
            Statutory Coverage

                                                                                         Rep. No. 2023-30-059; Sep 2023
                                                                                         TIGTA reviewed 69 of the 88 seizures
     Seizures                                 Requires TIGTA to evaluate the IRS’s       the IRS conducted between
                                              compliance with required procedures        July 1, 2021, through June 30, 2022.
     I.R.C. § 7803(d)(1)(A)(iv)               under I.R.C. §§ 6330 through 6344          The IRS generally adhered to
                                              when conducting seizures.                  procedures that help ensure
                                                                                         compliance with I.R.C. §§ 6330
                                                                                         through 6344. However, TIGTA
                                                                                         identified five instances in which Field
                                                                                         Collection employees did not comply
                                                                                         with a particular internal control or
                                                                                         procedure.

                                                                                         Memorandum to IRS; Mar 2023
                                                                                         TIGTA’s review of taxpayer accounts on
                                                                                         both the Individual and Business
                                                                                         Master Files showed that the IRS did
     Taxpayer Designations – Illegal Tax      An evaluation of the IRS’s compliance      not reintroduce past Illegal Tax
     Protester Designation and Similar        with restrictions under RRA 98 § 3707      Protester codes or similar designations
     Designations                             on designation of taxpayers.               on taxpayer accounts during the review
                                                                                         period of October 1, 2021, through
     I.R.C. § 7803(d)(1)(A)(v)                                                           June 30, 2022. Since TIGTA’s first
                                                                                         review in FY 1999, when the IRS
                                                                                         removed the Illegal Tax Protester code
                                                                                         from the Master File, TIGTA has not
                                                                                         identified any uses of the code or any
                                                                                         other coding of a similar designation
                                                                                         on the Master File.

                                                                                         Rep. No. 2023-30-063; Sep 2023
                                                                                         TIGTA reviewed 60 case files from the
                                                                                         Small Business/Self-Employed Division
                                                                                         to determine whether employees
     Disclosure of Collection Activity With   Requires TIGTA to review and certify       followed the joint return disclosure
     Respect to Joint Returns                 whether the IRS is complying with          requirements on collection information
                                              I.R.C. § 6103(e)(8), which requires the    requests. TIGTA determined that
     I.R.C. § 7803(d)(1)(B) (TIGTA            IRS to disclose information to an          disclosure requirements were not
     requirement)                             individual filing a joint return on        followed in eight (27 percent) of the
                                              collection activity involving the other    Automated Collection System history
     I.R.C. § 6103(e)(8) (IRS requirement)    individual filing the return.              files, and seven (23 percent) of the
                                                                                         Field Collection history files.



     Taxpayer Complaints                      Requires TIGTA to include in each
                                              Semiannual Report to Congress the
     I.R.C. § 7803(d)(2)(A)                   number of taxpayer complaints received     Statistical results on the number of
                                              and the number of employee                 taxpayer complaints received are
                                              misconduct and taxpayer abuse              shown on page 35.
                                              allegations received by the IRS or TIGTA
                                              from taxpayers, IRS employees, and
                                              other sources.




62│ April 1, 2023 – September 30, 2023
          Reference to
                                           Explanation of the Provision              Comments/TIGTA Audit Status
       Statutory Coverage

                                                                                  Rep. No. 2023-30-060; Sep 2023
                                                                                  TIGTA’s review of 14 employee
                                                                                  misconduct cases coded as potential
Administrative or Civil Actions With   Requires TIGTA to include information      Fair Tax Collection Practices (FTCP)
Respect to the Tax Collection          regarding any administrative or civil      violations and closed on the Automated
Practices Act of 1996                  actions with respect to violation of       Labor and Employee Relations Tracking
                                       the fair debt collection provision of      System (ALERTS) database in FY 2022
I.R.C. § 7803(d)(1)(G)                 I.R.C. § 6304, including a summary of      identified one case coded with the
I.R.C. § 6304                          such actions and any resulting             incorrect FTCP issue code. TIGTA
                                       judgments or awards granted.               reviewed 89 Small Business/Self-
RRA 98 § 3466                                                                     Employed Division employee
                                                                                  misconduct cases closed on the
                                                                                  ALERTS database in FY 2022 and not
                                                                                  coded as FTCP potential violations and
                                                                                  did not identify any cases closed on the
                                                                                  ALERTS database in FY 2022 that were
                                                                                  potentially coded incorrectly as
                                                                                  non-FTCP violations.

                                                                                  Rep. No. 2023-10-055; Sep 2023
                                                                                  TIGTA reviewed a statistical sample of
                                                                                  83 of the 3,423 FY 2022 Freedom of
Denials of Requests for Information    Requires TIGTA to include information      Information Act requests for which the
                                       regarding improper denial of requests      IRS denied the requested information
I.R.C. § 7803(d)(1)(F)                 for information from the IRS, based on a   either partially or fully based on
I.R.C. § 7803(d)(3)(A)                 statistically valid sample of the total    exemption (b)(7), replied that no
                                       number of determinations made by the       responsive records were available,
                                       IRS to deny written requests to disclose   or closed the request as imperfect.
                                       information to taxpayers on the basis of   TIGTA also reviewed all 22 FY 2022
                                       I.R.C. § 6103 or 5 U.S.C. § 552(b)(7).     I.R.C. § 6103(c) and (e) requests for
                                                                                  which the IRS withheld information
                                                                                  from the requestor. While TIGTA
                                                                                  determined that information was
                                                                                  properly withheld or released in most
                                                                                  cases, the Disclosure Office did not
                                                                                  follow Freedom of Information Act
                                                                                  requirements when redacting or
                                                                                  releasing information for 18 cases
                                                                                  (22 percent).




                                                                               April 1, 2023 – September 30, 2023│ 63
               Reference to
                                        Explanation of the Provision              Comments/TIGTA Audit Status
            Statutory Coverage

                                                                               Information Technology Reviews:

                                                                               Rep. No. 2023-20-013; Mar 2023

                                                                               Rep. No. 2023-20-006; Apr 2023

                                                                               Rep. No. 2023-25-017; Apr 2023

                                                                               Rep. No. 2023-20-023; May 2023
     Adequacy and Security of the   Requires TIGTA to evaluate the IRS’s
     Technology of the IRS          adequacy and security of its technology.   Rep. No. 2023-40-033; May 2023

     I.R.C. § 7803(d)(1)(D)                                                    Rep. No. 2023-46-030; May 2023

                                                                               Rep. No. 2023-35-031; Jun 2023

                                                                               Rep. No. 2023-47-035; Jun 2023

                                                                               Rep. No. 2023-47-036; Jun 2023

                                                                               Rep. No. 2023-47-037; Jun 2023

                                                                               Rep. No. 2023-10-046; Jul 2023

                                                                               Rep. No. 2023-IE-R006; Jul 2023

                                                                               Rep. No. 2023-40-044; Aug 2023

                                                                               Rep. No. 2023-10-050; Sep 2023
                                                                               Security Reviews:

                                                                               Rep. No. 2023-20-002; Nov 2022

                                                                               Rep. No. 2023-20-018; Mar 2023

                                                                               Rep. No. 2023-20-034; Jun 2023

                                                                               Rep. No. 2023-20-039; Jul 2023

                                                                               Rep. No. 2023-20-040; Jul 2023

                                                                               Rep. No. 2023-20-041; Aug 2023

                                                                               Rep. No. 2023-20-042; Aug 2023

                                                                               Rep. No. 2023-20-048; Aug 2023




64│ April 1, 2023 – September 30, 2023
          Reference to
                                         Explanation of the Provision            Comments/TIGTA Audit Status
       Statutory Coverage

                                                                              Rep. No. 2023-10-012; Jan 2023
                                                                              TIGTA’s review of the IRS’s purchase
                                                                              card program found that controls are
Government Charge Card Abuse         Requires TIGTA to report on the IRS’s    generally effective, and the number of
Prevention Act of 2012               progress in implementing purchase and    purchase card violations identified by
                                     travel card audit recommendations.       the IRS Credit Card Services Branch
Pub. L. No. 112-194, 126 Stat.                                                were minimal and generally for nominal
1445 (codified as amended at                                                  amounts.
5 U.S.C. § 5701 note, 10 U.S.C.
§ 2784, and 41 § U.S.C. 1909)                                                 Rep. No. 2023-10-052; Jul 2023
                                                                              TIGTA’s review of the IRS’s purchase
                                                                              card program found that controls are
                                                                              generally effective, and the number of
                                                                              purchase card violations identified by
                                                                              the IRS Credit Card Services Office
                                                                              were minimal and generally for nominal
                                                                              amounts.

                                                                              Rep. No. 2023-40-032; May 2023
                                                                              The IRS was largely compliant with the
                                                                              reporting requirements contained in
Improper Payments Elimination and    Requires TIGTA to assess the IRS’s       the Payment Integrity Information Act of
Recovery Act of 2010                 compliance with improper payment         2019 for FY 2022. However, the IRS
                                     requirements.                            still has not satisfied the Payment
31 U.S.C. § 3321                                                              Integrity Act goal to reduce improper
                                                                              payment rates to less than 10 percent.

                                                                              Rep. No. 2023-30-005; Dec 2022
                                                                              During the second contract negotiation
                                                                              process, the IRS did not assign any new
                                                                              accounts to the private collection
Fixing America’s Surface             Requires TIGTA to perform an             agencies for almost 9 months. Two
Transportation Act                   independent biannual assessment of       contractors from the first contract were
                                     private collection agency performance.   not selected for the second contract,
Pub. L. No. 114-94, 129 Stat. 1312                                            and payment arrangements that were
(2015)                                                                        set up by these contractors were
                                                                              summarily cancelled at the end of the
                                                                              first contract, causing burden to those
                                                                              taxpayers. Additionally, the Taxpayer
                                                                              First Act contains adjustments to private
                                                                              collection agency case inventory
                                                                              intended to protect certain low-income
                                                                              taxpayers from being subject to private
                                                                              collection agency collections. However,
                                                                              TIGTA identified 14,141 taxpayers
                                                                              with new tax years assigned to the
                                                                              private collection agencies on or after
                                                                              January 1, 2021, whose low incomes
                                                                              should have resulted in the IRS recalling
                                                                              their accounts.




                                                                          April 1, 2023 – September 30, 2023│ 65
                                                  Appendix V
                            Inspector General Peer Review Activity
 This appendix implements § 989C of the Dodd-Frank Wall Street Reform and Consumer
 Protection Act. 41

 For the period April 1, 2023 – September 30, 2023:

 Peer Reviews Conducted of TIGTA by Another Office of Inspector General

      •   A peer review of TIGTA was not conducted during the reporting period.

 Outstanding Recommendations From Peer Reviews of TIGTA

      •   There are no outstanding recommendations from peer reviews of TIGTA.

 Peer Reviews Conducted by TIGTA

      •   TIGTA did not conduct a peer review during this reporting period.

 Outstanding Recommendations From Peer Reviews Conducted by TIGTA

      •   There are no outstanding recommendations from peer reviews conducted by TIGTA.




41 Pub. L. 111-203, 124 Stat. 1376, 1945-46 (2010) (codified at 5 U.S.C. § 405(a)(8)-(10)).




66│ April 1, 2023 – September 30, 2023
April 1, 2023 – September 30, 2023│ 67
                                         Appendix VI
           Data Tables Provided by the Internal Revenue Service
The memorandum copied below is the IRS’s transmittal to TIGTA. The IRS provided the
tables that follow the memorandum. They consist of IRS employee misconduct reports from
the IRS Automated Labor and Employee Relations Tracking System (ALERTS) for the period
April 1, 2023, through September 30, 2023. Also, data concerning substantiated RRA 98
§ 1203 allegations for the same period are included. See Appendix VII for § 1203 Standards.
IRS management conducted inquiries into the cases reflected in these tables.

                        Internal Revenue Service Memorandum




                        The Following Tables Are Provided by the IRS:




68│ April 1, 2023 – September 30, 2023
             Report of Employee Misconduct by Disposition Groups
                   Period Covering April 1, 2023, Through September 30, 2023
                                                            Employee       Employee Tax   TIGTA Report
                                         Administrative
               Disposition                                  Character       Compliance         of         Totals
                                            Case
                                                          Investigation       Case        Investigation
 ALTERNATIVE DISCIPLINE: IN LIEU OF
 REPRIMAND
                                                     0                                0               0         0
 ALTERNATIVE DISCIPLINE: IN LIEU OF
 SUSPENSION
                                                     7                                5               6        18

 ADMONISHMENT                                       68                             121              25      214
 CASE SUSPENDED PENDING EMPLOYEE
 RETURN TO DUTY
 CLEARANCE LETTER                                   18                              16              24         58

 CLOSED - SUPPLEMENTAL REQUESTED
 CLOSED WITHOUT ACTION CAUTIONARY
 LETTER
                                                    85              71             100              45      301

 CLOSED WITHOUT ACTION LETTER                       36              15              14              25         90

 FORWARDED TO TIGTA                                 15                                                         15

 INDEFINITE SUSPENSION                               0                                                          0

 ORAL COUNSELING                                     5                                0                         5

 PROBATION/SEPARATION                             309                 4               0               7     320

 PROSECUTION PENDING FOR TIGTA’S ROI
 REMOVAL AT U.S. OFFICE OF PERSONNEL
 MANAGEMENT DIRECTION
                                                                      4                                         4

 REMOVAL (PROBATION PERIOD COMPLETE)                36                0               7             30         73
 REPRIMAND                                          72                5             42              26      145
 RESIGNATION, RETIREMENT, ETC.
 (REASON NOTED ON SF50)
                                                    17                5             10              15         47
 RESIGNATION, RETIREMENT, ETC. (REASON
 NOT NOTED ON SF50)
                                                  135                 0             20              14      169

 SEPARATION OF TEMPORARY EMPLOYEE

 SUSPENSION, 14 DAYS OR LESS                        71                0             46              40      157

 SUSPENSION, MORE THAN 14 DAYS                      18                                4             15         37
 TERMINATION FOR ABANDONMENT OF
 POSITION
                                                    10                                                         10

 WRITTEN COUNSELING                                 67              10             164              29      270

 TOTAL                                            969              114             549             301    1,933

Source: Automated Labor and Employee Relations Tracking System (ALERTS) (extract date: October 2, 2023).
Columns containing numbers of three or less and protected by I.R.C. § 6103 are annotated with a zero and are
not reflected in the column and row totals.




                                                                          April 1, 2023 – September 30, 2023│ 69
                 Report of Employee Misconduct National Summary
                   Period Covering April 1, 2023, Through September 30, 2023
                                                                   Cases Closed
                                                                      Cases
    Inventory            Open          Conduct                                        Non-         Ending
                                                      Conduct        Merged
    Case Type          Inventory        Cases                                       Conduct       Inventory
                                                       Issues       With Other
                                       Received                                      Issues
                                                                      Cases

 Administrative
                             1,027          1,142          1,661              34             5            469
 Case

 Employee
 Character                      91            140            144               6                           81
 Investigation

 Employee Tax
 Compliance                   700             855            595              37                          923
 Case

 TIGTA Report of
                              375             389            373               0                          391
 Investigation

       Total                2,193           2,526         2,773               77             5          1,864

Source: ALERTS (extract date: October 2, 2023). Columns containing numbers of three or less and protected by
I.R.C. § 6103 are annotated with a zero and are not reflected in the column and row totals.

Administrative Case - Any matter involving an employee in which management conducted an inquiry into alleged
misconduct.

Background Investigations - Any matter involving a National Background Investigation Center investigation into
an employee’s background that is referred to management for appropriate action.

Employee Tax Compliance Case - Any conduct matter that is identified by the Employee Tax Compliance
program which becomes a matter of official interest.

TIGTA Investigation - Any matter involving an employee in which TIGTA conducted an investigation into
alleged misconduct and referred a Report of Investigation to the IRS for appropriate action.




70│ April 1, 2023 – September 30, 2023
                    Summary of Substantiated I.R.C. Section 1203
                          Inquiries Recorded in ALERTS
                    Period Covering April 1, 2023, Through September 30, 2023

                                                                   Removed                      In
                                         Resigned/   Probation                  Penalty
      § 1203 Violation       Removals                              On Other                 Personnel      Total
                                          Retired    Separation                Mitigated
                                                                   Grounds                   Process

 1203(b)(2): FALSE                                                         0                                       0
 STATEMENT UNDER OATH

 1203(b)(3): CIVIL                                                         0                                       0
 RIGHTS/CONSTRUCTIVE
 VIOLATION

 1203(b)(4): CONCEALED              0            0                                     0                           0
 WORK ERROR

 1203(b)(8): WILLFUL                9            5                         0          11           61              86
 UNTIMELY RETURN

 1203(b)(9): WILLFUL               15            0                         0           0           16              31
 UNDERSTATED TAX

           Total                   24            5                         0          11           77            117
Source: ALERTS (extract date: October 2, 2023). Columns containing numbers of three or less and protected by
I.R.C. § 6103 are annotated with a zero and are not reflected in the column and row totals.

The cases reported as “Removals” and “Penalty Mitigated” do not reflect the results of any third-party appeal.




                                                                          April 1, 2023 – September 30, 2023│ 71
                                         Appendix VII
                                 Section 1203 Standards
In general, the IRS Commissioner shall terminate any IRS employee if there is a final
administrative or judicial determination that, in the performance of official duties, such
employee committed any misconduct violations outlined below. Such termination shall be a
removal for cause on charges of misconduct.
Misconduct violations include:
 •   Willfully failing to obtain the required approval signatures on documents authorizing the
     seizure of a taxpayer’s home, personal belongings, or business assets;
 •   Providing a false statement under oath with respect to a material matter involving a
     taxpayer or taxpayer representative;
 •   Violating, with respect to a taxpayer, taxpayer representative, or other employee of the
     IRS, any right under the Constitution of the United States, or any civil right established
     under Title VI or VII of the Civil Rights Act of 1964; Title IX of the Education Amendments
     of 1972; Age Discrimination in Employment Act of 1967; Age Discrimination Act of 1975;
     Section 501 or 504 of the Rehabilitation Act of 1973; or Title I of the Americans With
     Disabilities Act of 1990;
 •   Falsifying or destroying documents to conceal mistakes made by any employee with
     respect to a matter involving a taxpayer or taxpayer representative;
 •   Committing assault or battery on a taxpayer, taxpayer representative, or another
     employee of the IRS, but only if there is a criminal conviction or a final judgment by a
     court in a civil case with respect to the assault or battery;
 •   Violating the I.R.C., the Treasury Department regulations, or policies of the IRS (including
     the IRM) for the purpose of retaliating against or harassing a taxpayer, taxpayer
     representative, or other employee of the IRS;
 •   Willfully misusing provisions of I.R.C. § 6103 for the purpose of concealing information
     from a congressional inquiry;
 •   Willfully failing to file any return of tax required under the I.R.C. on or before the date
     prescribed therefore (including any extensions), unless such failure is due to reasonable
     cause and not to willful neglect;
 •   Willfully understating Federal tax liability, unless such understatement is due to
     reasonable cause and not to willful neglect; and
 •   Threatening to audit a taxpayer for the purpose of extracting personal gain or benefit.

The IRS Commissioner may mitigate the penalty of removal for the misconduct violations
outlined above. The exercise of this authority shall be at the sole discretion of the
Commissioner and may not be delegated to any other officer. The Commissioner may
establish a procedure that will be used to decide whether an individual should be referred to
the Commissioner for determination. Any mitigation determination by the Commissioner in
these matters may not be appealed in any administrative or judicial proceeding.

72│ April 1, 2023 – September 30, 2023
          Glossary of Abbreviations
ALERTS   Automated Labor and Employee Relations Tracking System

CSED     Collection Statute Expiration Dates

CY       Calendar Year

EIN      Employer Identification Number

FERDI    Federal Employee/Retiree Delinquency Initiative

FTCP     Fair Tax Collection Practices

FY       Fiscal Year

ITIN     Individual Taxpayer Identification Number

IRA      Inflation Reduction Act of 2022

I.R.C.   Internal Revenue Code

IRM      Internal Revenue Manual

IRS      Internal Revenue Service

JAMES    Joint Audit Management Information System

KEV      Known Exploited Vulnerabilities

LB&I     Large Business and International Division

NOL      Net Operating Loss

OI       Office of Investigations

POA&M    Plan of Action and Milestones

PPIA     Partial Payment Installment Agreements

PRC      People’s Republic of China

RRA 98   Restructuring and Reform Act of 1998

TAC      Taxpayer Assistance Center

TAS      Taxpayer Advocate Service

TDC      Taxpayer Digital Communication

TDI      Taxpayer Delinquency Investigations



                                                April 1, 2023 – September 30, 2023│ 73
  TIGTA                  Treasury Inspector General for Tax Administration

  TIN                    Taxpayer Identification Number

  TPI                    Total Positive Income

  TXS                    Taxpayer Experience Strategy

  TY                     Tax Year

  U.S.C.                 United States Code

  WEIIC                  Withholding Exchange and International Individual Compliance




74│ April 1, 2023 – September 30, 2023


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