ASHINGTON,
Sept. 16 — The Internal Revenue Service and 40 states announced an
agreement today to share investigative leads on promoters of fraudulent
tax schemes and to coordinate efforts to shut them down, prosecute them
in some cases and warn the public.
The I.R.S. and the states have historically shared information, but
usually after audits or enforcement actions were completed, not at the
early stages when tips come in about tax evasion. That has meant that
some tax frauds have gone unpunished at either the state or the federal
level because the statute of limitations for prosecution expired by the
time information was exchanged.
Officials
who announced the agreement also said they saw signs of an important
shift in tax cheating away from the largest corporations, which Mark W.
Everson, the commissioner of internal revenue, attributed in part to
extensive news coverage of such misconduct.
"There is a migration of these schemes and scams to smaller
corporations and individuals," Mr. Everson said at a Treasury
Department briefing attended by federal and state tax officials.
"All of the people behind me would attest that they are seeing more and
more" tax frauds, Mr. Everson said to nods of agreement from some of
the state tax officials who had signed the agreement in the last three
weeks.
The agreement, he added, should worry tax scheme promoters. "We're closing in on you from all sides," Mr. Everson said.
The degree to which the I.R.S. can pursue tax cheats is limited.
Congress has steadily eroded the ability of the I.R.S. to pursue tax
cheats, cutting the number of auditors by a third, for example, even as
the number of tax returns grows. Many tax frauds are openly described
on the Internet, as well as in advertisements on the radio, in
magazines and newspapers and in books by promoters.
Tax frauds cost California $500 million a year, said Mary Jo Mandel,
the state deputy controller. Other officials said they did not have any
solid estimates but described losses to tax frauds as significant and
increasing.
The agreement is part of a long-term strategy to address tax frauds,
said Stephen M. Cordi, the deputy comptroller of Maryland and president
of the Federation of Tax Administrators, an association of state tax
agencies.
"We are not in this for short-term revenue gain," Mr. Cordi said,
taking note of the budget gaps that are forcing cuts in government
spending in most states.
Rather, he said, the agreement is intended to guard against more honest
taxpayers giving up in disgust and joining the cheats. Unless the
I.R.S. and the states aggressively pursue promoters of tax schemes, "We
will lose the trust of our compliant taxpayers," Mr. Cordi said.
As he spoke, about two dozen protesters who are part of the so-called
tax honesty movement held banners outside the Treasury building saying
"No Answers, No Taxes." Among those protesting were two former I.R.S.
auditors, Sherry Jackson and John Turner, and Joseph R. Banister, a
former special agent in the I.R.S. criminal investigation division, all
of whom say that no law requires the payment of taxes.
Mr. Banister, a certified public accountant in San Jose, Calif., has
said that he pays his taxes but does not file a Form 1040 tax return.
Because of that, and because his clients stopped paying taxes before
they hired him, he has said he is confident that the government has no
basis to indict him on any tax charges.
The protesters gathered under the aegis of the We The People Foundation
for Constitutional Education in Queensbury, N.Y., a public charity that
the I.R.S. has approved to accept tax-deductible contributions.
Bob Schulz, the foundation's founder, said that he and others have
petitioned for a redress of their grievances, asking to be shown what
law requires the payment of taxes, but that the government has not
replied. He said that the I.R.S. issued three summonses this year for
information because he did not file a personal tax return in 2001 and
2002. He added that he had filed three lawsuits in Federal District
Court in Albany to quash the summonses. He said the I.R.S. had ignored
his lawsuits.
Asked why the I.R.S. has not answered the group's questions in writing,
Dale Hart, the I.R.S. executive who oversees small businesses and
self-employed taxpayers, said claims that taxes are voluntary are
addressed at the I.R.S. Web site and in print publications.
Later, an I.R.S. senior spokesman, Terry L. Lemons, said that courts
had upheld the validity of the tax laws and that the agency did not
want to waste time and resources dealing with well-settled issues. Mr.
Lemons added that the recent spate of enforcement actions taken by the
I.R.S. against promoters of abusive tax schemes, and the new agreement
with the states, show other ways that government is answering the
petition.
Arthur Roth, who just retired as New York State tax commissioner, said
that to detect fraud "all governments are relying more and more on
electronic gathering of third-party information" like bank deposits and
interest payments. He said the government was rapidly increasing the
sophistication with which it mines such sources.
Such techniques are of little value in identifying those who do not
file tax returns. Several promoters run schools showing people how to
set up bank accounts, hire workers and sell to the public without
leaving an electronic trail for the tax authorities.
Mrs. Hart said that under the new agreement the I.R.S. and the states would also look for such promoters and their clients.
"This agreement is about any type of abusive scheme," she said, vowing
to look for those who "are trying to drop out of the system."
Mrs. Hart said no state had rejected the agreement and that she
expected more to sign it soon. Two states that signed the agreement,
Florida and Washington, do not impose an individual income tax. Mrs.
Hart said in those states excise and corporate taxes would be the focus
of coordinated efforts against tax fraud schemes.