Recent Changes in the Whistleblower Program

Recent Changes in the Whistleblower Program

Sitting on a panel with the Director of the IRS Whistleblower Office, there is always something to learn.  At the Taxpayer Against Fraud Education Fund Conference held October 3, 2019 through October 5, 2019, Director Lee Martin shared some updates with respect to the IRS whistleblower program, for which we wish to bring to your attention and provide commentary.

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IRS Whistleblowers’ Two (2) Biggest Misconceptions

IRS Whistleblowers’ Two (2) Biggest Misconceptions

Many whistleblowers incorrectly believe that (i) there must be fraud, and (ii) that the IRS can go back and audit as many years for which they have specific and credible information.

The first misconception is that fraud is required for the IRS to take action under the whistleblower program.  In fact, the IRS will pay an award for information that leads to an action (administrative or judicial) with respect to any underpayment of tax, including an innocent mistake by a taxpayer.  There does not need to be fraud; only the collection of proceeds as a result of the IRS action. 

The second misconception is that the IRS will go back as many years as necessary to enforce the law and collect the tax.  However, the statute of limitations prevents the IRS from auditing taxpayers after a set number of years have passed.

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Anonymity of a Whistleblower in Tax Court

Anonymity of a Whistleblower in Tax Court

One of the most often asked question a potential whistleblower has is: Will the IRS keep my name confidential?  In a prior blog, we discussed the IRS’ effort to protect the whistleblower’s identity.  See Treas. Reg. § 301.7623-1(e) and the IRS’ Statement on Confidentiality.

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