[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] REFORMING HOW THE IRS RESOLVES TAXPAYER DISPUTES ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT OF THE COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ SEPTEMBER 13, 2017 __________ Serial No. 115-OS07 __________ Printed for the use of the Committee on Ways and Means [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 33-617 WASHINGTON : 2019 ----------------------------------------------------------------------------------- COMMITTEE ON WAYS AND MEANS KEVIN BRADY, Texas, Chairman SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts DEVIN NUNES, California SANDER M. LEVIN, Michigan PATRICK J. TIBERI, Ohio JOHN LEWIS, Georgia DAVID G. REICHERT, Washington LLOYD DOGGETT, Texas PETER J. ROSKAM, Illinois MIKE THOMPSON, California VERN BUCHANAN, Florida JOHN B. LARSON, Connecticut ADRIAN SMITH, Nebraska EARL BLUMENAUER, Oregon LYNN JENKINS, Kansas RON KIND, Wisconsin ERIK PAULSEN, Minnesota BILL PASCRELL, JR., New Jersey KENNY MARCHANT, Texas JOSEPH CROWLEY, New York DIANE BLACK, Tennessee DANNY DAVIS, Illinois TOM REED, New York LINDA SANCHEZ, California MIKE KELLY, Pennsylvania BRIAN HIGGINS, New York JIM RENACCI, Ohio TERRI SEWELL, Alabama PAT MEEHAN, Pennsylvania SUZAN DELBENE, Washington KRISTI NOEM, South Dakota JUDY CHU, California GEORGE HOLDING, North Carolina JASON SMITH, Missouri TOM RICE, South Carolina DAVID SCHWEIKERT, Arizona JACKIE WALORSKI, Indiana CARLOS CURBELO, Florida MIKE BISHOP, Michigan David Stewart, Staff Director Brandon Casey, Minority Chief Counsel ______ SUBCOMMITTEE ON OVERSIGHT VERN BUCHANAN, Florida, Chairman DAVID SCHWEIKERT, Arizona JOHN LEWIS, Georgia JACKIE WALORSKI, Indiana JOSEPH CROWLEY, New York CARLOS CURBELO, Florida SUZAN DELBENE, Washington MIKE BISHOP, Michigan EARL BLUMENAUER, Oregon PAT MEEHAN, Pennsylvania GEORGE HOLDING, North Carolina C O N T E N T S __________ Page Advisory of September 13, 2017 announcing the hearing............ 2 WITNESSES Ms. Kathy Petronchak, Director of IRS Practice & Procedures, alliantgroup, LP............................................... 6 Mr. Pete Sepp, President, National Taxpayers Union & NTU Foundation..................................................... 19 Mr. Byron Shinn, Founder and Managing Partner, Shinn & Co........ 41 Ms. Chastity Wilson, Principal, National Tax Office, CliftonLarsonAllen LLP......................................... 48 PUBLIC SUBMISSIONS FOR THE RECORD Coalition for Effective and Efficient Tax Administration (CEETA). 74 Fitzgerald Kit Trucks & Sales LLC................................ 79 Taxpayer Confidentiality Disclosure Waiver..................... 82 John Klotsche.................................................... 83 National Association of Enrolled Agents.......................... 85 Software Finance & Tax Executives Council (SOFTEC)............... 90 Chief Judge L. Paige Marvel, United States Tax Court............. 94 IRS REFORM: RESOLVING TAXPAYER DISPUTES ---------- WEDNESDAY, SEPTEMBER 13, 2017 U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Oversight, Washington, DC. The Subcommittee met, pursuant to call, at 2:10 p.m., in Room 1100, Longworth House Office Building, Hon. Vern Buchanan [Chairman of the Subcommittee] presiding. [The advisory announcing the hearing follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman BUCHANAN. The Subcommittee will come to order. Welcome to the Ways and Means Oversight Subcommittee hearing on ``IRS Reform: Resolving Taxpayer Disputes.'' Before I begin my official statement, I would like to recognize the extraordinary effort of two of our witnesses today who made it up here from Florida. I think you drove from Orlando. So that is pretty impressive. Both Mr. Shinn and Ms. Wilson came from the great state of Florida. Thank you very much for your determination to be here. I know it wasn't easy. And let me pause for a moment to thank all our first responders, local government officials, and community members who stepped up and responded to Hurricane Irma in my home state of Florida. It is impressive to see everyone working together. I am confident that we will continue to work together in the aftermath of the storm as well. Today's hearing is another important step in the process of considering reforms to the IRS. I have stated previously I do not view this effort as an opportunity to degrade or discredit the good work being done by IRS employees. However, I am a big believer in continuous improvement. That has been my philosophy in business. We can always be better. In government, like business, we should always be looking for ways to improve. In a system of voluntary tax compliance, even with the simplest of tax codes--and ours is currently not one of those-- there are bound to be disputes between taxpayers and the IRS. What we hope to learn today is about the experience of those taxpayers. These are folks that have been in the trenches working with a lot of those taxpayers involved in resolving disputes with the IRS. And whether there are ways to improve the current process, I believe there will be. Nearly 20 years ago, the last time significant reforms were made to the IRS, one of the key legislative priorities for Congress was the creation of an independent appeals function. As recently as two years ago, Congress reaffirmed the importance of an independent forum when the right to appeal to such a forum was included in the Taxpayer Bill of Rights and codified as a responsibility of the Commissioner. Ensuring the independence and the availability of administrative review process for taxpayer disputes remains a top priority of this Subcommittee. In addition to being independent, dispute resolution options need to be accessible and efficient. The process is failing if only large businesses with deep pockets feel equipped to dispute a determination made by the IRS. Individuals and small businesses should not have to weigh the cost of hiring outside help against paying the assessment. For most taxpayers, their only interaction with the IRS is when they file their taxes once a year. But when the taxpayers find themselves in a dispute with the agency, they deserve a fair and prompt process. I look forward to working with the Ranking Member on these issues and to hearing from our witnesses as we continue our efforts to examine reforms to the IRS. I now yield to the distinguished Ranking Member from Georgia, Mr. Lewis, for the purposes of an opening statement. Mr. LEWIS. Well, thank you, Mr. Chairman, for holding this hearing on resolving taxpayers' disputes with the Internal Revenue Service. I welcome you back to Washington, Mr. Chairman. And on behalf of the citizens of Georgia, and especially the citizens of the Fifth District, we were able to welcome hundreds and thousands of people from Florida. I went into a parking lot in downtown Atlanta on Saturday, and there were so many cars from Florida. And people had their dogs, walking their dogs through the parks, from Florida. We are neighbors. And I want to, in particular, welcome Ms. Wilson and Mr. Shinn. I have relatives that live in Fort Lauderdale, and the only thing we had happen in my district was some, for the most part, pine trees coming down. I want to thank you for being here today. Before we begin, Mr. Chairman, I would like to take a moment to extend my condolences to you and the millions of Americans who were impacted by the recent hurricanes in the Caribbean and the Southern States. As you know, the hurricane damaged homes, downed trees, closed roads, and left about 1 million residents without power in my home State of Georgia. Now our citizens, our people, begin the difficult process of rebuilding their homes, their communities, and their lives. And I hope this committee will work together to do all we can to assist the recovery efforts. Mr. Chairman, I have said it before and I will say it again: We must approach this effort to reform and improve the IRS with a great deal of care and thoughtfulness. I hope we will take our time to develop bipartisan solutions that serve the best interests of both taxpayers and the agency. For many years, I have cautioned that we cannot get blood from a turnip. As you know, Congress cut the IRS budget by almost $1 billion since 2010. Over the last 3 years, the budget for the IRS Appeals Office dropped 11 percent, and there are about 24 percent fewer hearing officers. Today, we will learn more about how these deep budget cuts have affected the ability of the agency to resolve disputes with taxpayers. Our citizens expect and deserve timely and efficient services. Simply said, Mr. Chairman, taxpayers will not get the level of service that they expect and deserve until we provide adequate funding to this agency. As you know, this is the Subcommittee's fourth hearing to explore how we can improve the IRS. We have remained bipartisan and explored a good governance path to examine how the IRS operates and to identify possible improvement. I hope and pray that our work product will be a model for our colleagues. This afternoon, we will also explore how to improve what can be a long and complicated appeals process. Together, we will listen and learn about possible remedies. Some may suggest expanding the number of States that have permanent hearing officers, ensuring the independence of taxpayer conferences, and allowing taxpayers to request face- to-face conferences throughout the appeals process. Above all, Mr. Chairman, I hope we will continue to work together, as we have all year, to explore and address these issues. In closing, Mr. Chairman, I look forward to hearing from our witnesses and learning more about their experiences with the agency. Again, Mr. Chairman, I want to thank you, my friend, for holding this hearing. Chairman BUCHANAN. Thank you, Mr. Lewis. And I want to thank you for your thoughts and prayers. We do have a lot of our family and people who went to Georgia and other states, and I appreciate your thoughts on that. And you know you have my commitment to work together on a bipartisan basis. We want to improve this together. There is a lot of work to be done. So I look forward to working with you. Without objection, other Members' opening statements will be made part of the record. Today's witness panel includes four experts: Kathy Petronchak, director of the IRS Practice & Procedures at the alliantgroup; Pete Sepp, president of the National Taxpayers Union; Byron Shinn, in our district--we are excited to have him and his lovely wife here today--he is the founder and managing partner of Shinn & Co., and I think he probably has 35 years of experience dealing with dispute resolution with the IRS; Chastity Wilson, principal of the National Tax Office of CliftonLarsonAllen, from Orlando, and a member of the AICPA. The Subcommittee will receive your written statements, and they will be made part of the formal record. Each of you has 5 minutes to deliver your oral remarks. We will begin with Ms. Petronchak. You may begin when you are ready. STATEMENT OF KATHY PETRONCHAK, DIRECTOR OF IRS PRACTICE & PROCEDURES, ALLIANTGROUP, LP Ms. PETRONCHAK. Chairman Buchanan, Ranking Member Lewis, and Members of the Subcommittee, thank you for inviting me to testify. It is an honor to provide comments today. I interact with small and medium-sized businesses in my work with alliantgroup. I also spent 29 years at the IRS and feel this gives me a unique perspective into the Examination and appeals process. My testimony focuses on challenges that taxpayers face when dealing with the IRS and what IRS can do to improve the examination and appeals process. I raise six issues in my written testimony, and I would like to highlight two of those issues. The first issue is the appeals process. Before heading to court, the final administrative step a taxpayer can take to contest an adverse determination by a revenue agent is through appeals. Appeals is important for so many businesses seeking a fair review of their tax issues without having to incur additional costs to go to court. Taxpayers are appreciative of the opportunity to attend the Appeals conference in person. They are not thrilled about the recent change by Appeals, indicating that they may not be granted an in-person meeting. Appeals has made telephone and virtual conferences first options for an appeal, only granting in-person conferences in limited circumstances. We believe that not granting taxpayers an opportunity to have an in-person meeting would be highly prejudicial to taxpayers, restrict the ability of Appeals officers to adequately judge the credibility of witnesses, and make the conference more difficult in situations where the appeal is of highly technical and highly evidentiary-focused cases. While we have seen Appeals officers flexible in granting in-person conferences, we believe that taxpayers should have a fundamental right to meet Appeals face to face. This in-person conference may be the only way a taxpayer believes there is an impartial resolution with a full understanding of the facts involved. Another issue emerging in Appeals is the increased involvement of IRS Compliance employees in Appeals meetings. This change has created a perception for taxpayers that they may not get an independent hearing and decision as afforded by the Taxpayer Bill of Rights. We believe the only involvement Exams should have at Appeals is in a preconference meeting. At a preconference, the originating function can attend an Appeals conference to present their views on the issues, the taxpayer's protest and assessment of litigating hazards in accordance with ex parte communication rules. In a preconference setting, Exam would leave after their presentation. But as of late, rather than leaving at this point, Exam has been invited by Appeals to stay for the taxpayer's presentation. When this happens, the entire appeals atmosphere is altered, and there are opportunities for this to turn into an extension of the examination process for a taxpayer. The independence of Appeals is hindered when Exam plays too great of a role in the appeals process. A representative recently described a situation where, in a preconference, it became clear that Exam had not fully addressed the position the taxpayer had brought forward in its response to the Exam team. After hearing the taxpayer orally present their position at the Appeals meeting, the Exam team made another 24-page submission to Appeals to attempt further support for their position on the issue, taking an alternative approach. It seems patently unfair that Exam can attempt to continue their process when the case is assigned to an independent forum to make a decision. We disagree with Appeals having unilateral decisionmaking over Exam participation in a conference. Taxpayers who feel as if they have already been through a grueling process with Exam should be able to have the peace of mind that their case is being given a fresh look by Appeals and that the examination is over. Today's comments on the issue of alternative dispute resolution focus on the IRS Fast Track Settlement program. This program was created to provide an expedited dispute resolution option for taxpayers to mediate their disputes during an examination with an Appeals official acting as a mediator. The use of Fast Track has the potential to be a highly effective tool when both parties come to the table willing to reach an agreement. Taxpayers and their representatives welcome the opportunity to resolve as many issues as possible at the lowest level in a cooperative manner. This same sense of urgency should be felt by the IRS. In closing, I commend the committee for its work and oversight in ensuring that taxpayers receive fair treatment and good service from the IRS. Alliantgroup looks forward to working with the committee to further improve tax administration, and I would be glad to take your questions. [The prepared statement of Ms. Petronchak follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman BUCHANAN. Thank you. Mr. Sepp, you are recognized. STATEMENT OF PETE SEPP, PRESIDENT, NATIONAL TAXPAYERS UNION & NTU FOUNDATION Mr. SEPP. Mr. Chairman, Mr. Ranking Member, Members of the Committee, a number of my predecessors have actually testified in this very room on taxpayer rights issues, so I am particularly honored that you would ask me here to follow in their footsteps. And we need to follow in the footsteps of all of our predecessors in developing a bipartisan solution to many of the problems that have cropped up since enactment of the IRS Restructuring and Reform Act of 1998. One of my predecessors, Bob Kamman, put it this way: He called it taxpayers triage. What you need are a number of steps, a number of options, in resolving problems between the agency and taxpayers that provide a range of responses. One of them is prevention, of course. We can simplify the tax system. We can educate taxpayers about their rights in advance so they know going into the process of interacting with the IRS what to expect, and perhaps problems can be resolved at that level, the preconference level, for example. Then there is basic care. What we have now is the appeals process and a very nascent alternative dispute resolution process. We are going to hear a lot from the witnesses today about some of the malfunctioning systems within Appeals, and especially with the recent evolution in the large business and international division of strategies, like designating cases for litigation, that can be very harmful to the audit process. I hope we can discuss that in further detail later. But the rise of alternative dispute resolution mechanisms around the world and its relatively flat usage here in the United States--actually declining at the Appeals level right now--suggests that we need very serious reforms if we are going to make that process workable in the future. The third level of triage really is intensive care. That is when taxpayers and the IRS have to litigate an issue. And there, taxpayers' access to the courts beyond the tax court level is still highly problematic. Everything from the Anti- Injunction Act to the Declaratory Relief Act essentially prevents taxpayers from enforcing their rights in court in a meaningful manner. Largely, their choices are confined to litigating for damages after the acts have already been committed by the agency that have deprived a taxpayer of his or her income or right to earn. The fourth level is essentially post-op observation, as I would call it, oversight. Now, current plans in several of the tax reform options being discussed would do away with the IRS Oversight Board. There are flaws in the Oversight Board certainly, but I would urge this committee to very carefully consider alternatives to the current IRS Oversight Board, which is essentially paralyzed due to a lack of a quorum. We really need to establish and maintain that kind of consistent oversight in some manner. Specifically, I would make a few recommendations, and, again, we can further discuss these in detail. The foundation for another taxpayer rights package really ought to be based on H.R. 3220, the Preserving Taxpayers' Rights Act. It is a bipartisan bill. It codifies the right to appeal, and it establishes a more business-like working relationship between the IRS and taxpayers in audits. This will apply to large businesses, small businesses, individuals across the board. Section 3 of that bill, which essentially directs the Secretary to begin developing more dispute resolution procedures at Appeals, would pave the way for more effective use of Alternative Dispute Resolution (ADR) in a number of situations. There are many, many other suggestions I could make that we should look at. The Taxpayer Bill of Rights Enhancement Act just introduced in the Senate yesterday, S. 1793, which would expand some of the assistance in the Volunteer Income Tax Assistance program, expanding low-income taxpayer clinics. All of these things need to be put into a package to work together to enhance the progress we have made in Taxpayer Bill of Rights I, T II, and the IRS Restructuring and Reform Act. And this is the committee where it all starts. Every single piece of important IRS reform legislation began with Members of this Committee, your predecessors, and you now, such as with the RESPECT Act that just passed, coming together in a bipartisan fashion to do better for taxpayers. We can do it. We must do it. I thank you for your leadership. [The prepared statement of Mr. Sepp follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman BUCHANAN. Thank you. Mr. Shinn, you are recognized. STATEMENT OF BYRON SHINN, FOUNDER AND MANAGING PARTNER, SHINN & CO. Mr. SHINN. Thank you, Chairman Buchanan, Ranking Member Lewis, and Members of the Subcommittee. Thank you for the opportunity to discuss reforming how the IRS resolves taxpayer disputes. As a practicing accountant for over 38 years and a Florida CPA, I have seen a lot of change. Chairman BUCHANAN. Could you speak up a little bit more in the mike so everybody can hear? Mr. SHINN. In my opinion, our focus should be taxpayer service first, improve tone with access, consistent controls, and require Fast Track steps. I have a unique perspective as I have been involved in oversight of the Florida CPAs as a member of the Board of Accountancy's Probable Cause Panel for well over a decade. And most practitioners work hard to get it right. It is the handful of marginal practitioners and aggressive taxpayers that try to push the envelope. These are the practitioners and taxpayers that need to be reviewed. First, I would like to discuss correspondence audits. They have been expanded in lieu of field exams for many individual returns. These exams require responses in a specific period of time. However, the IRS responses are taking considerably more time than the taxpayer is given. These exams have a high probability of no change once the IRS receives the submitted responses. In several instances, the taxpayer's rights have been ignored by the issuance of 15-day letters and then, shortly thereafter, 90-day notice of deficiencies, thereby ignoring the 30-day letter and which grants the rights of the taxpayer for an administrative hearing and appeals, and that also breaks their Taxpayer Bill of Rights. This also prevents the Fast Track Settlement opportunity. Therefore, I believe a standard, that it should exist, that the process must be maintained, and the Service, when it jumps over process, should lose the right to pursue additional revenue: Follow the rules or lose the adjustment. We also should require Fast Track to prevent the circumstances that are existing today. I next want to speak about field exams. The process has been very taxpayer-unfriendly with a litigious and enforcement tone. Over my 38 years, we have reached a new low regarding the respect that the taxpayers and their professionals have with the Service. It is as if the taxpayer is guilty and has to prove the IRS wrong. The agents are doing several audits at the same time, and they tend to start and stop during the audit, many of them taking much more than 12 months. This just is not right. We have new rules that are also killing the system. An example is the new partnership exam rules that have brought the process to a state of total chaos. In order to close issues and reduce the time necessary, we talk about the call centers and the local office access. Unfortunately, the wait time on the call centers is extremely long. Overall, my experience is it has been good once you get to a qualified person. This shows how the Service needs to open up access. The Service should increase the call center available hours, making them earlier, later, and on weekends. The Service has a very good e-service process. However, this has been reduced due to budget cuts. This needs to be expanded back in a much broader sense. The local offices no longer allow walk-ins. This is just not--sorry. It is not taxpayer right. It is just not taxpayer first. They need to have reasonable access. Another area of concern is foreign disclosure exams. We are seeing a situation growing with the continued disclosure of foreign assets and bank accounts going to Appeals, and the Appeals officers feel that they cannot settle, so the issue goes on to offshore technical advisers. Then it ends up all or nothing. We need to give them guidance on settlement. Tax law complexity has created opportunities for debate. The Code in its current state remains the number one problem facing both the Service and the taxpayers. Since most of our career has been with small and medium-sized business, I can talk specifically about the challenges in compliance. Identity theft. Since many ID thefts were in Florida, I was also a victim. We should require all taxpayers to have PIN numbers. My information was stolen through e-services on a data dump, and that shouldn't happen. If we had all taxpayers with PINs, that wouldn't happen. And, lastly, I think that I would like to recommend a separate task force that answers to you, Congress, to assist the National Taxpayer Advocate in developing change in the business structure and processes. Thank you very much. [The prepared statement of Mr. Shinn follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman BUCHANAN. Thank you. Ms. Wilson, you are recognized. STATEMENT OF CHASTITY WILSON, PRINCIPAL, NATIONAL TAX OFFICE, CLIFTONLARSONALLEN LLP Ms. WILSON. Chairman Buchanan, Ranking Member Lewis, and other Members of the Subcommittee, thank you for the opportunity to testify. The AICPA applauds your efforts to address the importance of the IRS resolving taxpayer disputes in a timely, efficient, and cost-effective manner. Today, I would like to share our thoughts on refining the independence and efficiency within the IRS dispute resolution process. I will also address the importance for the IRS to understand the taxpayer's perspective and deliver customer- focused service. First, let's start with penalties. Upon receipt of an IRS notice, taxpayers or their representatives may determine a reporting error was made. However, if the taxpayer made the effort to comply with the reporting requirements, the taxpayer may request relief from penalties. Frequently, the initial IRS response is a routine denial. This process is currently handled independently within each of the primary IRS divisions. We recommend that the IRS undertake a review of this process across the agency to identify necessary training to ensure a consistent and fair treatment of all taxpayer disputes. Next, let's discuss Appeals. Appeals is the primary forum for taxpayers' disputes. Their mission is to resolve tax controversies without litigation on a fair and impartial basis. We appreciate them holding conferences which provide a meaningful and unique opportunity for taxpayers to present their positions. In October of 2016, Appeals made several changes to its conference procedures, which arguably impact the ability or perception to independently and objectively help taxpayers. We recommend that, one, the IRS limit settlement conferences to the appropriate Appeals personnel; and two, they provide taxpayers with the option of a face-to-face conference. In one settlement conference, the Appeals officer openly asked the Exam team what they thought was a fair settlement. My client asked, how is it possible for Appeals to maintain their independence when they are seeking the opinion of the same IRS employee who examined them? Although, in reality, IRS employees may or may not have influence over the appeals process, it is hard to view them as objective when other IRS employees are involved. We suggest that, once the taxpayer's presentation to Appeals begins, they should limit the meeting participants to the appropriate Appeals personnel and the taxpayer. In another Appeals case, payroll obligations were not met until my client discovered the error. The Appeals officer said it took him a whole 5 minutes to determine there was no reasonable cause and asked not to discuss it. In this particular situation, a conversation, much less a face-to-face conference, was considered unnecessary from his perspective. However, from the client's perspective, he was not heard. He was unfairly denied the right to present his case. While it is possible to resolve some issues over the telephone, we think it is important that taxpayers have the option of a face-to-face conference. For larger tax disputes, cases are assigned a team of IRS Appeals officers and a case leader who is designated settlement authority. In these situations, we urge the IRS to provide truly independent settlement authority to these case leaders and eliminate the approval process that was recently added. Finally, a customer-focused service approach should extend to all IRS services. It will help reduce disputes in the first place. For example, the IRS should create a new dedicated, executive-level practitioner services unit that would centralize and modernize its approach. With a mindset of understanding the taxpayers' perspective, the Service will enhance voluntary compliance and increase the public's confidence in the integrity of the Service. We appreciate the opportunity to testify. I will be happy to answer any questions. [The prepared statement of Ms. Wilson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman BUCHANAN. Thank you, all of you, for your excellent testimony. I will now proceed to the question and answer session. In keeping with past precedent, I will hold my questions until the end. I now recognize the gentleman from Michigan, Mr. Bishop. Mr. BISHOP. Thank you, Mr. Chairman. And thank you to the panel for your time and expertise. I appreciate it. Lots of questions. So little time. Is it Ms. Petronchak? Pretty good? Close? Okay. Good. You indicated in your written testimony--I know you didn't have much time today, but you indicated in your written testimony that there were procedures in place by the IRS during an audit that would give larger businesses an advantage over smaller businesses, specifically having to do with transparency. Can you elaborate on that? And can you tell us, is this something that the IRS is doing as a result of the Code, or is this an arbitrary kind of application of the rules? Ms. PETRONCHAK. So, with regards to that, Congressman Bishop, in my testimony, in the Large Business and International Division, they have put out procedures in a publication and indicated that, when you are issuing information document requests to taxpayers, that you have a discussion. You identify what the issue is, and you talk about what documents you are going to request so that the taxpayer has an opportunity to have a discussion with the agent and say: Well, maybe I don't have those kinds of records; these might be more pertinent. But they understand what the IRS is looking at and where they plan on going with their examination. In the Small Business Division, that just doesn't happen. What happens is you will get, you know, a letter saying, you are under exam. And then here is a 4-page document request with everything but the kitchen sink pretty much on the initial document request. And then, instead of, as in Large Business Division, when that response is made to that document request, it is expected in Large Business that they would review that response and then have a discussion with the taxpayer to say, we think it is complete or it is not complete and it is an ongoing discussion. In Small Business, you are more likely than not going to find out the results of their review at the end of an examination, which is way too late for a taxpayer to be understanding what issues are in dispute and even have the opportunity to use alternative dispute resolution. Mr. BISHOP. Well, it begs a question then: Why are they treated differently? And, again, is this a result of the Code, or is this something that the IRS is doing independently at its discretion? Ms. PETRONCHAK. Yes. Congressman Bishop, it is an administrative practice in the Large Business Division. So it is not required by Code. But certainly, although that procedure, you know, some would argue could be improved, it is a drastic change and different from that that is afforded to small and medium-sized businesses. Mr. BISHOP. I still don't understand why. You all have done this before. Does anybody understand why small businesses are treated differently than large businesses in this area? It just seems like it is---- Ms. PETRONCHAK. I personally don't see a reason why they could not integrate some of those procedures into their examination practices. You know, having the discussion upfront meets the Taxpayer Bill of Rights to be informed and know what is going on, so I certainly don't see why it could not become a part of their work processes. Mr. SEPP. I would agree that it should. Although, I would say that there has been some negative feedback, even from folks who have experienced audits in LB&I that the IDR requests are often poorly focused. So this might be a problem that is not only with small businesses but with the procedural latitude given to the IRS. Mr. BISHOP. You indicated that the non-in-person exam or the Appeals Officer, is the expert for the IRS in the room with the examiner? Ms. PETRONCHAK. So it is actually an Appeals meeting, and it is a telephone or they have moved to virtual conferences in some instances. The Appeals officer is in the room. They may have a technical specialist. And under the current rules, they could invite Exam to be on the phone as well. So that is a real concern, is that, well, who is on the phone. You have got so many parties. You don't know who is speaking, whose perspective are you hearing. Mr. BISHOP. Is there a problem with ex parte communication in-house? Ms. PETRONCHAK. That does not violate ex parte communications because the way ex parte works, if the taxpayer is invited to attend the conference where Exam or Compliance will be present, then it is not a violation of ex parte. Mr. BISHOP. I get that in practice. In theory, you are 100 percent right. But in practice, it seems that that would be an absolute recurring problem. Ms. PETRONCHAK. It could be. Mr. BISHOP. And one other thing, if I might, Mr. Chair, is the appeal process de novo, or is it a continuing process--does your appeal take up all the evidence? Do they consider everything or only that which was considered in the previous review? Ms. PETRONCHAK. So, in Appeals, they should be considering the information that was developed and presented to them by Exam as well as what the taxpayer submitted and then making an independent decision. When they changed--I think Ms. Wilson referenced the IRM change--they said: We are not going to hear new facts, new evidence in Appeals. We are only going to rely on what is in the file to make our decision. So it should be exactly what is in front of them. Mr. BISHOP. Thank you very much. Thank you, Mr. Chair. Chairman BUCHANAN. Thank you. I now recognize the Ranking Member, Mr. Lewis, from Georgia. Mr. LEWIS. Thank you very much, Mr. Chairman. Ms. Wilson, thank you for being here today. I understand that you are the head of the national tax office at your firm. What type of issues are taxpayers trying to resolve when they come to your firm? Ms. WILSON. Great question. Mr. LEWIS. Small issues? Big issues? Global issues? Ms. WILSON. That is the unique thing about our firm. I would say they run the gamut, so they are all the way from small $1,000 penalty issues up to very large exams. So, you know, we have a very unique client base, and we target mid- sized business, which by the nature of that, we have all range of issues that we see. You know, recently, the significant issues I see are around penalties and penalties appeal. We have a lot of clients or clients in our base that, you know, have been onslaughted with information return penalties. And so we try to help them manage through that process. Mr. LEWIS. In your experience, what are the biggest challenges you and your clients experience in resolving tax issues with the agency? Ms. WILSON. That is a good question. You know, I think the largest issue is just being heard, making sure that you---- Mr. LEWIS. Do you have a hard time, a difficult time in sometimes just being heard, just getting a face-to-face meeting? Ms. WILSON. Exactly. Exactly. And Appeals, as we discussed, as I discussed in my testimony, has dramatically changed that process. I have been doing this for many, many years where I focus just on IRS---- Mr. LEWIS. You haven't been doing it. You are too young to be doing it for many, many years, now. Ms. WILSON. But, you know, face-to-face was the--that was the one time you got to sit down and face the IRS and really talk about the issues. And from a client's perspective, they felt like they were being heard because they sat across the table from that Appeals officer, and they could see them listening. They could see the head nodding. And so, even if it didn't come in their favor, they felt like they were being heard. When you turn to these telephone conferences, which are now the standard practice, you know, you remove that. And they question whether the Appeals officer--my clients do--are even listening, because you get to the end of the conference and--and I am not saying in every case, because a lot of times this process does work well. But in some cases, the client just walks away and says: I don't even think they were listening; in fact, I heard keystrokes on the computer, right. And so, you know, I think, from the AICPA, that is one of our recommendations, is you really need to look at this new procedure. It is administrative. But you really need to look at it and say: What are we doing to taxpayers' services here? Are our taxpayers really feeling like they are being heard, because this is their last opportunity, Ranking Member? When they get to Appeals, their next option is litigation. And I can tell you, in my client base, 99 percent of them are not going to want to take it to litigation because, again, maybe the dollar amount isn't high enough, or they are just frightened by the whole concept of having to go to tax court. Mr. LEWIS. Are you suggesting or recommending that we need to do more to humanize the IRS and not make it so distant, this unbelievable agency at someplace? How do we go about doing that? What are your recommendations? What are you suggesting? Yes, Mr. Shinn. Mr. SHINN. Ranking Member, that is why I got so choked up about doing it in person. You know, there are people that can afford to go to an enrolled agent or a CPA, but there are a lot of taxpayers out there that don't have that access. And having the opportunity to walk in and talk at the local agent office level is so important. And having that face-to-face humanizes the circumstances and the facts in the situation, and you actually feel what is going on. Now, granted, we all understand that there are some States that don't even have an Appeal officer in them, and so Appeal officers have to come from out of State. So, like in Alabama and Mississippi, they are coming from out of State just to deal with it. So we have a staffing issue. But having that conversation with the Appeals officer is a real opportunity to solve. And having the process, the process that you talked about with the small business audits, it is very much behind a dark curtain, and it is a very scary proposition. When those taxpayers get those letters and those long, 4- page requests, it is intense and a very scary moment. And we don't get the chance, like with a large business audit, to have a face-to-face with the team. And then, not being able to pick up the phone and call, we have situations where you will go on hold for over an hour, and it will be at the end of the day. And at 4:30, they will pick up the phone and put it back down again, and you restart the next day. That is not taxpayer-friendly. Mr. LEWIS. Thank you. Thank you, Mr. Chairman. I yield back. Chairman BUCHANAN. Thank you. The gentleman from Pennsylvania, Mr. Meehan, you are recognized. Mr. MEEHAN. Thank you, Mr. Chairman. And I thank each of the panelists for your service and dedication, because it is clear that you are here as voices for people who feel that they have--if they are not abiding by the rules, they wonder sometimes what is the technicality. They are not people who are out there deliberately trying to skirt the rules or beat the system. There is a place for those who are deliberately recalcitrant, but so many of us are just caught in the melee. So I have some questions about trying to get your interpretations to make this a little better. It just seems so much of it is tied to a personal relationship, a sense that somebody is actually listening to me, and let's just resolve this thing while we are here. I have a couple of questions. One had to do--and I think Mr. Shinn, it was you who was saying that there were--or, Ms. Wilson, it was you, according to my notes--that there were recording errors, penalty situations where there would be appeals, and they were just getting to be routine noes. Now, when I was a prosecutor and you had a case, you might do a declination or you would do a prosecution memo, but whenever there was a decision point, it was justified. Even though it was all internal in the--should we be requiring that if there is an original inquiry and there is a routine ``no'' set out, that there is a justification that you can know that somebody has actually analyzed the file and has said that there is a reason why we are just saying no right now? Ms. WILSON. I would absolutely agree with you that there should be a requirement to, you know, document what the justification for denial was. And, again, you know, there is many a time where we do get the denial, and it does appear somebody has reviewed it because they have put specific facts in there. Mr. MEEHAN. But you are comfortable with that because at least you know you can counsel your client: Here is what it is---- Ms. WILSON. Exactly. But there have been instances where clearly it wasn't read because they articulated--you know the way--and maybe Ms. Petronchak can speak to this, but they will take paragraphs. They have got modelled paragraphs that they can pull from a system to do a notice to a specific taxpayer. And it has been obvious that they just pulled those paragraphs and are dumping them into this letter---- Mr. MEEHAN. Pro forma. Ms. WILSON [continuing]. And it is very irrelevant to what was even discussed. Mr. MEEHAN. So what is the effect on the taxpayer? It just draws it out even further. Have penalties and fines been waived during this period, or is there further accumulation during the period in time that you are appealing this process? Ms. WILSON. So, yeah, interest continues to accrue while we are going through this process. Mr. MEEHAN. So the clock is ticking against the person who is appealing? Ms. WILSON. Yes. And so, you know, that is a discussion you have to have with your clients. But then, you know, there have been instances where, you know, your client will come to you and say: Do I pay now because, you know, I don't want to accrue all the interest? But then there is a different process. You have to file a different form, the form 843, to make a refund claim, and it is a different process. And you will end up in the same place, but, you know, there are a lot of considerations to take in when you are counseling clients of what path to go down. But, you know, back to your point, I think the impact it has on my clients is that we are built on a voluntary compliance system. And, you know, what I have seen in some of this penalty administration recently just is that clients become very discouraged because they truly thought they were being compliant. And then when they get this notice that looks like they weren't even really looked at, it can be very discouraging to them. Now, the positive note I will say is that, once we get to the appeals process in the penalty arena, a lot of times we do have success there. But it is that routine--it just seems to be when you make your initial request, it is just the routine---- Mr. MEEHAN. Well, maybe you can--and that appeals process, because that would be presuming we get to that point where you actually have somebody and now you are talking--but I am intrigued by the concept. I think, Mr. Shinn, you were talking about it where you believed that the presence of the examiner also at the appeal was creating kind of a piling on, and yet I wonder to the extent that if you are actually trying to get to a resolution, should there be some capacity for the person that knows the facts to be able to present them to--I know that the IRS person is supposed to be independent, so to speak, but I would believe that if I was doing an appeal I would want to have at my availability the person who knows the record. Mr. SHINN. My experience has been the Appeals officers are extremely experienced and knowledgeable on the issues and if they weren't, they would assign another person. And so they can come to their own conclusions based on the facts as presented that came up. That file is transferred. They get to see the file. Mr. MEEHAN. The file, but you don't have the benefit--so just explain to me the difference. Why is it preferable not to have that person in the room who knows the record? Well, maybe for another time. Maybe if you have a thought that you want to share with us in written testimony or otherwise, we would benefit from it. Thank you so much. Chairman BUCHANAN. Ms. DelBene, you are recognized. Ms. DELBENE. Thank you, Mr. Chair. Thank you all for being here with us today. Ms. Petronchak, I wanted to follow up on comments you made earlier when we were talking about the challenges that small businesses face and the inconsistency that we see for small businesses versus large businesses. What do you think we should do to address these issues? What procedures would you like to see? Or do you have recommendations on what you think we could do that would work for small businesses? Ms. PETRONCHAK. So some of the things could be implemented administratively. I think Pete had talked about the IDR process, and LB&I isn't perfect by any means. But those are things, from a quality perspective, within the Service, I think they could take a look at and decide that they want to change those processes for taxpayers and indicate that, gee, when we are developing the facts, it is important to put the human element on it and actually having a discussion with the taxpayer about the information. And although that is not perfect and you will still have disagreements and still have contentious exams, it is an administrative process that could be implemented by rolling out new procedures for their agents in how they interact with taxpayers on a routine basis. I mean, they are developing the facts. We have all spoken to the independence issue in Appeals. So that initial fact finding, that document request, is critical to a taxpayer feeling like they have had the opportunity to present their position and be heard by someone at the Service who is going to be open about what it is they are looking at and the treatment they are going to decide on a particular tax issue. So I don't know that anything needs to be mandated, but the IRS, in looking at their procedures, could say--I was Commissioner of Small Business, and, yes, when I was there, back when I left in--was one of those things I could have looked at and said, gee, there are ways we could be interacting on a much better basis with our taxpayers to make them feel better about the voluntary compliance system. Ms. DELBENE. Thank you. Mr. Sepp, it seems the current procedures for small business leave room for improvement, and I know you talked about that in your testimony as well. You also pointed out in your testimony that larger businesses also have some challenges when it comes to the right to appeal. And I wondered if you could talk a little bit about your assessment of why organizations, like members of the CEETA coalition, are facing the challenges in dealing with the IRS that you outlined. What are some of those challenges, and why do you think those are happening? Mr. SEPP. Sure. That is the Coalition for Effective and Efficient Tax Administration. It is a coalition not only of large business groups but taxpayer advocacy groups, because we are concerned that some of the trends, both in Small Business and Self-Employed Division toward audits but LB&I, are leaking across to each other, and we are going to have auditing procedures that are taking the worst elements in all divisions to be used against taxpayers across the spectrum. Some of the problems we are facing: designating certain cases for litigation, where they might have precedential value even though there really isn't a clear connection to precedential value or large numbers of taxpayers who might be affected. There is the designated summons, which is a rather extraordinary IRS power for getting information out of uncooperative taxpayers that is being increasingly used in cases where the taxpayers really are being cooperative. And, of course, there is the use of third-party counsel to work auditing situations, not to advise but, rather, to do things that approach deposing witnesses. But all of this really matters to taxpayers across the board, because, again, as everyone has testified here, there is on paper a directive to the Secretary to provide procedures for fair and independent audit appeals, but, in reality, it is just not happening. And I see this in case after case. Even small business owners who are getting things like the 90-day letter, if they are lucky enough to ever have gotten a 30-day letter in the first place, they think it is a demand to pay tax. They don't even realize it is the revenue officer's report that would allow them to take an appeal to Tax Court. They don't even understand the basic nature of the process, because they are so intimidated by it. And, again, this is why we support H.R. 3220 as a start of a package that could begin addressing these things. Ms. DELBENE. Thank you very much. I yield back, Mr. Chairman. Chairman BUCHANAN. Thank you. Mr. Holding, you are recognized. Mr. HOLDING. Thank you, Mr. Chairman. Thanks for holding this hearing. You know, obviously, we don't usually hear from our constituents' interactions with the IRS unless they are negative. And I appreciate the Committee looking into ways to enhance this experience. So I am just concerned about what I think is a new diversionary tactic being used by the IRS to keep taxpayers from accessing administrative appeals. So we all know that cases docketed in the Tax Court are typically transferred to Appeals for consideration--are not typically docketed unless they are designated for litigation. And it has come to my attention that the IRS may be restricting taxpayer access to appeals in some cases that are docketed in Tax Court. And the case that I am aware of was not designated for litigation nor referred to Appeals, the two standard options for making an audit dispute. And, instead, the case was kept in a purgatory-type status, waiting for litigation, under the justification of ``sound tax administration.'' I put that in quotes because that is the term they used. And that was the only option available. The only option available to the taxpayer was litigation. So my question--and I am going to ask Mr. Sepp to respond first and then open it up to the panel: In your experience as a practitioner, have you or any of your clients experienced something analogous to this? Mr. SEPP. I should state I am not a practitioner, but people in the small business community---- Mr. HOLDING. Right. Mr. SEPP [continuing]. Other taxpayers have come to us, and there has been that sort of experience relayed to us. And there are other experiences, such as what are called speed-up situations, where a taxpayer may receive a notice of audit and requests for documents, and suddenly they will find in the mail yet another determination, and they haven't even had a chance to respond to the first one. And it is a way of intimidating the taxpayer into taking a position that is detrimental to them. Mr. HOLDING. Mr. Shinn, you are nodding your head there. Mr. SHINN. Yes, sir. We have seen this in a very similar fashion with foreign penalties on foreign reporting. And I mention it in my verbal and in my written response. We have seen it numerous times. That is why I make the comment that they need to follow the rules or there needs to be a repercussion to the Service. You follow it, or you lose your opportunity. Somehow, we have to hold them accountable to the process. That is why you have a taxpayer bill of rights. Mr. HOLDING. Ms. Petronchak? Ms. PETRONCHAK. Congressman, I am not sure of all the specifics around it, but in the revenue procedure that addresses cases, so if a taxpayer filed a Tax Court petition, they generally can get their case heard by Appeals before they actually end up in Tax Court if they have not already been to Appeals. I don't remember the revenue procedure that covers it. So there is a provision. However, you used a term that shows up in several of the revenue procedures: sound tax administration. I don't know what that means, but in regards to sound tax administration, they don't have to offer alternative dispute resolution, the fast- track process that I talked about in my testimony. So I think sound tax administration is a way that they can choose to treat cases differently than what we would see should be the normal treatment of a taxpayer and how their case would move through the system. What the answer is to that I don't know, but I think the use of sound tax administration they are using as leeway to do many different things with a taxpayer's case. Mr. HOLDING. Thank you. Ms. Wilson, do you want to add anything to that in the final few seconds? Ms. WILSON. No. I just want to 100 percent agree with her that, you know, she is spot-on on the issue. And that is why you see my head going back and forth violently, because I couldn't agree with her more on that issue. Mr. HOLDING. Thank you. Mr. Chairman, I yield back. Chairman BUCHANAN. Thank you. The gentleman from Oregon, Mr. Blumenauer, you are recognized. Mr. BLUMENAUER. Thank you, Mr. Chairman. I find the conversation fascinating, but in the backdrop of my experience, when I visit our local IRS offices and when I have meetings, which I do routinely with tax practitioners, tax attorneys, accountants, part of this strikes me that it would be easier to resolve some of this if the IRS was equipped to operate in a modern economy, if it didn't have a computer system that is so far out of date that they have to delve into the archives, find somebody encased in amber that can figure out FORTRAN programming. I have meetings with people who work at the IRS and have them break into tears because they don't have any time to talk to people on the phone to be able to maybe help guide a little bit. There are people who don't fully understand the rules and regulations and the opportunities within the agency and the training budget. I hear from both people in the agency and from the practitioners who, interestingly, are not hostile to the IRS; they are frustrated. They are frustrated that they tell clients, ``You have a good point. We can work together. We can resolve it and get your $3,700 back. But it will cost you more to work with me to get it.'' And I just wonder what you think is attributed to the fact that we have slashed the budget, slashed the workforce. Congress, each year that I have been here, makes the Tax Code more complicated. And, in some cases, it is a rush to be able to actually get the stuff out in time, and sometimes we miss the deadline. So at what point is Congress complicit in this by not taking the largest tax-collecting system in the world, which relies heavily on voluntary compliance and treats our employees and our taxpayers with respect and put the resources behind it to make it a--any of you have any thoughts on that? Mr. Shinn? Mr. SHINN. Yes. In Sarasota, at our office there in Sarasota, Florida, the number of people in there, the whole area that was set for walk-ins is gone. The number of agents has been reduced. I will be the first one to stand up and say it is going to take more resources. If we are going to stand here and say we are going to provide more appellate officers, that takes dollars. If we need more access through the internet and to broaden our e-services, which obviously we are all nodding our head, we need to use technology to give access. And in those phone calls, extending the hours, all that takes money. And that is why we are here today. Mr. BLUMENAUER. But would that be helpful for some of these things---- Mr. SHINN. Absolutely. Mr. BLUMENAUER [continuing]. If there were extended hours, if there were more people, if there was more training, a modern computer system? Ms. PETRONCHAK. Sir, I would say additional funding would be useful. I mean, IRS can do some things administratively, but you mentioned training. I mean, I was Commissioner of the Small Business Unit in 2008. And for me to have adequate training for my revenue agents who do the exams and the collection officers who--the revenue officers who did collection, it was a really high-focused training for one of those groups each year, but I couldn't afford to have a real highly focused training for each of those groups, even back in 2008. So you can imagine. Well, how this plays out in terms of taxpayers and practitioners, I mean, we feel like we are having to try to educate the revenue agent on the issues, because they can't get the training they need within the Service. And they are working issues on exams that they have never seen before, and so then they tend to go to somebody for advice. But you know how it is. You talk to three different people; how much gets translated as it goes down the line and really actually comes to form a final conclusion. Mr. SEPP. I would also make a quick plea for funding in another area, the Volunteer Income Tax Assistance program and the low-income tax clinics. Right now, I think eligibility for the LITC program is 250 percent of poverty level. That is about $60,000 for a household of four. That is not going to capture all that many small business clients, for example, who might desperately need assistance and could get it through a nonprofit organization like that. Mr. BLUMENAUER. Great. Thank you for your patience, Mr. Chairman. I just hope at some point, when passions cool, to look at how we treat our accounts receivable and being able to think through the resource, the training, the computer, that I hope shouldn't be politicized, but I think the evidence is that that will pay for itself many times over and relieve blood pressure medication. Thank you. Chairman BUCHANAN. I hear what you are saying. They said the computers, some of them are back from the seventies and eighties and sixties. I can't imagine that, but that is part of the testimony we had. The gentlelady from Indiana, Mrs. Walorski. Mrs. WALORSKI. Thanks, Mr. Chairman. And thanks to the witnesses again for being here today and lending your expertise to us. I think this has just been a fascinating conversation. And it has been a conversation, listening to your expertise and to questions that we have, and the unanimous response that we all have. We are all kind of talking about all these same issues. One of the rights enshrined in the Taxpayer Bill of Rights is the right to pay no more than the correct amount of tax. Mr. Sepp, I was struck that less than 5 percent of small business taxpayers appeal their audit determinations and that a big reason for this is taxpayers believe it is cheaper to just give up and pay the IRS rather than appeal. That, to me, is incredibly disheartening. If a taxpayer thinks they are paying more in taxes than they should, you know, my advice is absolutely fight it. The tools are there to fight it. Instead, their perception seems to be that appealing it isn't worth the time or the money. We need to change that perception, as well as the actual time and money associated with appealing. But I just wanted to address this to Mr. Sepp and Ms. Petronchak. You both discussed dispute resolution and options that would be less formal, lower cost for taxpayers. You also noted that the IRS has failed to expand its use of these fast- track dispute resolutions. Ms. Petronchak, can you explain how these fast-track procedures work and how they assist taxpayers in resolving cases quickly? And I am just going to tell you, my follow-up question to both of you, Mr. Sepp as well, is, is there a way that we in Congress can do something about that, or is it purely just IRS authority? So I would just like to hear about the options and then, what can we do. Ms. PETRONCHAK. So, in fast-track settlement, it is an option where, you know, I am being examined by the IRS and we know that I have a dispute over--let's just make it simple-- travel expenses. So they have said what their position is; I have said what my position is. So the taxpayer and IRS can agree that a fast-track settlement, having the use of an appeals mediator while it is in Exam, would be beneficial to all parties to come to resolution on the issue. So, getting to your earlier comments, it brings quicker resolution. The taxpayer is hoping to get this resolved at least cost so they don't have to go on to formal appeals, much less go to Tax Court, which not only is cost, but many small- and medium-size taxpayers don't want their laundry aired out in public court. Mrs. WALORSKI. Oh, absolutely. Right. Ms. PETRONCHAK. So, even though they may think they are right, they are not going to choose that as the venue to go to, because they don't want their neighbors talking about their issues with IRS. And so fast track, you know, we used to see a lot of them; we don't see as many anymore. But the procedures I talked about that Small Business is using for their exams, when they wait to the end of the process to have a discussion, doesn't lend itself to having that alternative dispute resolution. Mrs. WALORSKI. And what can we do about it, Mr. Sepp? Mr. SEPP. Based on my limited study of other countries' practices and what the taxpayer advocate has said, there seem to be several problems. One, we have to restore the independence of the ADR process. In almost every case, from Australia to U.K., Portugal, all around the world where ADR is much more common and hundreds of thousands of cases will get resolved this way, they have to keep the mediator or arbitrator function well- insulated away from the tax authority. We may not be able to use private accredited mediators here, much in the way that it appears in the Small Business Taxpayer Bill of Rights that was introduced in the last Congress, but we could have a situation where there is an office of mediation with specially trained people, rather than plucking people from Appeals who have some training in mediation and arbitration. You could even house that bureau somewhere in the Treasury so that it has further independence. The other important thing, I think, is to instruct the IRS where mediation and arbitration can be used. The agency will often exclude so-called campus collection cases and other types of matters for ADR from the start. And we have to resolve those kinds of issues as well. Mrs. WALORSKI. I appreciate it. Mr. Shinn, did you want to add anything quickly? Mr. SHINN. Yes. And in response, that is why I think, especially in small business, that it needs to be a requirement of the steps, so that that way people aren't afraid of appeals; it is part of the process. The fast track is there and is part of the sign-off. Mrs. WALORSKI. I appreciate it. Thanks, Mr. Chairman. I yield back. Chairman BUCHANAN. I want to thank everybody for the opportunity, but let me run through--and this will be a question to all of us. We are trying to simplify the dispute resolution, trying to improve on the process. And I want all of you to take a minute on that. But before I do, I want to say a couple of things. I do agree, with big corporations--it doesn't mean that there is not work to be done in dispute resolution, but I have been in that world. And you have CFOs, you have plenty of cash, and you have to go to court, you go to court. You don't want to, but they have resources. What I am concerned about personally is individuals. I read in USA Today 62 percent of Americans--I use this a lot, but it was stunning to me when I read it--don't have $1,000 in the bank. So if you get a letter from the IRS that you owe $2,000, where are you going to go resolve that? A CPA, accountant, that is going to be a couple, $3-, $4,000. You probably are going to just say you are better off to write a check or get on a payment plan, just agree with the IRS and move on. Small businesses, a dispute resolution, if you ever think about going to court, you could be talking over $100,000, $50,000. Did you say, Ms. Wilson, you are in a law firm? Ms. WILSON. No. Chairman BUCHANAN. Okay, a CPA firm. But you know, when you hand it off to the tax lawyer, you are talking big money. And usually you just cave and say, you know, let's go make the best deal and get down the road. That has happened to me and others, I have heard of it, where they don't think they owe the money, but at the end of the day, the $10- or $20,000, the $5,000, the $30,000, it costs you more with accountants and lawyers to go try to resolve it. So the question I have for the individual taxpayer, the 62 percent who don't have $1,000 in the bank, how do we simplify this dispute resolution where people can have their day in court but it doesn't take six months, a year? Because, as that meter is running, there is no way you can afford to go to court or, you know, arbitration or work with someone to try to resolve that. Mr. Shinn, I will give you the first opportunity from that standpoint. And I know you have dealt with that. But that is just my sentiment. That is what I have heard over the years. Mr. SHINN. That is why I said we have to have the opportunity to have access through phone calls and walk-ins. And, also, when the taxpayer doesn't follow the deadlines, there are repercussions. When the IRS doesn't follow their protocol, there needs to be repercussions, because, to the taxpayer, it is hard and fast. So I can give you one quick analogy that really struck me, is I helped an employee, a 90-year-old person of color who could not write. He was a night watchman at a packing house, worked several years there. Prior to that, he worked at another packing house, where they treated him as an independent contractor. And he got billed. And he didn't know what to do. It went all the way to collections, and they garnished his wages. He ended up with pancreatic cancer, and the employer asked me to step in. I tried to get the collection officer to settle, and the employer was going to settle. They wouldn't take a dime less, and he passed away 2\1/2\ weeks later. I called that collection officer, I sent him a copy of a death certificate, and I said, that isn't in the taxpayer's best interest. And that is what we are dealing with, and it is so sad. Chairman BUCHANAN. Yeah. Ms. Wilson? Ms. WILSON. You know, I now work at an accounting firm, but I was a local taxpayer advocate and worked with Nina Olson. So, you know, this is near and dear to my heart, as exactly what you are talking about, Chairman Buchanan, in the sense that---- Chairman BUCHANAN. Let me just say with you and all, we are looking to do IRS reform, and this is one of the biggest areas. I think we have to find a way that people can get these disputes settled. So that is what we are looking for. But go ahead. Ms. WILSON. Yeah. And I think we need to simplify the process. I think it is intimidating, and I think, because it is intimidating, taxpayers feel that the only way they are going to resolve it and win is if they engage help. And, as your point, most taxpayers don't even have $1,000 in their account. So I think, you know, that we need to find a way to simplify the process. We need to find a way to make it less intimidating for the taxpayers. And we need to focus on that bill of rights that says you shouldn't have to pay more tax than you actually owe. Chairman BUCHANAN. Mr. Sepp? Mr. SEPP. We have to find a way to institutionalize alternative dispute resolution mechanisms. We have got to learn from the experiences in other countries, where millions of individuals have utilized the process, making it less formal but more actionable, with fewer delays, applying to a larger number of cases, with a more independent arbiter involved. If we do those things--and H.R. 1828 from the last Congress is only a starting point for this--if we do that, I think we will dramatically increase the access to justice that taxpayers need. Add to that things like the Low Income Taxpayer Clinics, add to that more resources for the Taxpayer Advocate's Office, and you have the beginning of a core of principles that will get to this point of giving taxpayers the justice that they need. And they still need it. Chairman BUCHANAN. You get the last word. Ms. PETRONCHAK. Okay, Chairman. So fast-track settlement, I agree, should be available for all taxpayers. Just to give a little history, Large Business and International developed this process 2002, 2003, but it didn't become final and actually institutionalized for small business and self-employed taxpayers until 2015. Chairman BUCHANAN. Yeah. Ms. PETRONCHAK. So when I commented on a couple processes I think could make things more transparent and easy for taxpayers, there are some things that they have there. Now, fast track isn't the answer to everything, because you may have reluctant IRS folks to use it. Pete mentioned, you know--I in my written testimony mentioned outside mediator or taxpayer. To them, hiring an outside mediator for $1,000, $1,500 is cheaper than taking this on to Appeals or Tax Court. I hadn't thought about the concept of a mediator group, you know, somewhere in Treasury or somewhere that serves as an independent mediator---- Chairman BUCHANAN. The problem is, if you owe $2,500 or $2,000, you can't pay $1,500, because you just say---- Ms. PETRONCHAK. Right. Chairman BUCHANAN [continuing]. You know, I am going to go ahead and just write the check or figure out a way to write it. Go ahead. Ms. PETRONCHAK. But, again, you know, IRS hasn't shown that they are extremely interested in this alternative dispute resolution. I would caution against saying, well, we mandate you to use alternative dispute resolution, because if they don't come to the table willing to settle and fast track, the taxpayer and IRS have to agree, or they just walk away and the taxpayer still has their appeal rights. So, somehow, I mean, maybe looking at some of the other systems, come up with, well, what is the happy medium here and how this could be changed. It is there; taxpayers would love to use it. Individual taxpayers need to be able to use it, which-- now it is available really to businesses, small and large. But it needs to be expanded and made available and at least cost and be successful once it is used. Chairman BUCHANAN. Well, I would appreciate for all of you to get your thoughts and your ideas to our Committee. We want to work together, the Ranking Member and myself, on a bipartisan basis, because this is an important issue. And I have been in that world where larger organizations have the resources. I am concerned about the person that gets a $1,000, $1,500, $2,000 small business or individual tax bill. How do we resolve that without putting them into bankruptcy or putting them in a bad situation? I agree with you--a lot of times you get that notice through the IRS. I have gotten more than my fair share; a lot of us have. You know, it is frightening to a lot of people. And this is an area we need to work on and get your thoughts and your ideas. So, in closing, I would like to thank our witnesses for appearing before us today. Please be advised that Members have two weeks to submit written questions to be answered later in writing. Those questions and your answers will be made part of the formal hearing record. With that, the Subcommittee stands adjourned. [Whereupon, at 3:24 p.m., the Subcommittee was adjourned.] [Public Submissions for the Record Follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]