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Jack T Hahne's avatar

Small business cheating is straight forward enough to get away with, but working at a Big 4 I’ve seen several audits just… stop since Trump took over. No further communication, the auditor is either busy or fired.

Of course, interaction with the IRS isn’t limited to audits. Sometimes you need something from the IRS for whatever reason. A foreign client made an investment in some US securities and ended up getting over withheld upon. As a result they had to file a Form 1120-F and claim the refund. A month before Trump took office we got a notice that they couldn’t verify the withholding. By the time we had sent in a response, chaos at the IRS had made it so that it’s going to be months before they even read it. Now the client has $2.5 million stuck at the IRS and a lack of staff is making it very hard to get back. This kind of administrative inconvenience makes the US less attractive to invest.

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John from FL's avatar

Defunding the IRS tax police is dumb and bad and the Trump administration is wrong to do so.

But I want to add some context to the difference between the IRS and the police. It comes down to burden of proof.

As Matt clearly demonstrates, as a person's tax situation becomes more complicated you realize there is no "right" answer. Rumsfeld's letter is both funny and true. One's tax owed becomes a question of judgment, estimates and approximations. This is even more true as businesses move from small to medium to large.

The difference between the police and the IRS, though, is that in an audit, the burden of proof is on the taxpayer, not the IRS. So if the IRS says "we disagree with your judgements and think you owe XXX", then the taxpayer must decide to either pay the tax (and fine plus interest) or hire lawyers and challenge the ruling in Tax Court. You are guilty until you prove your innocence.

Add in the fact that IRS auditors are not the smartest, most hard-working and motivated group of tax accountants, so their judgements are often incorrect. The smartest ones work for tax advisory firms or big companies. It is a situation that is ripe for even the law-abiding taxpayer to feel stressed, defensive and to believe the audit itself is the "problem".

This doesn't justify anything the Trump administration is doing, though. I do agree that a consumption-based tax would be much better, more efficient and more fair (as Thomas Hutcheson so often notes). But we have the system we have and it is irresponsible to just walk away from the duty to faithfully execute the laws (tax laws, in this case) because of the audit process.

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