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IRS Likely to Get More Resources to Catch Tax Cheaters
By TOM HERMAN (The Wall Street Journal)

Feb. 7, 2008 (Associated Press) The Internal Revenue Service appears likely to get more money and new weapons to combat tax cheating.



Although Democrats quickly blasted President Bush's overall budget plan this week, lawmakers in both parties sound eager to give the IRS more tools to improve tax compliance and boost revenue.

The IRS faces congressional pressure to narrow the nation's $290 billion-a-year "tax gap," the difference between what the IRS collects and what it should be collecting. Squeezing money out of those who owe taxes is seen as a smarter move politically than raising taxes, especially in an election year.

Among the president's proposals with bipartisan support is one that would require many brokerage houses, mutual funds and other institutions to report to the IRS what investors pay for stocks and other securities. While many companies already keep track of such data for customers, they aren't required to do so, or to report it to the IRS.

Advocates of the proposal say the idea, known as cost-basis reporting, would improve compliance on capital-gains taxes. The Treasury Department estimates this proposal, if enacted, would raise an estimated $7.5 billion over 10 years.

"Congress is highly likely to pass a basis-reporting bill this year," said Clint Stretch, managing principal for tax policy at Deloitte Tax LLP in Washington. "All of the IRS studies of compliance suggest that improved reporting leads to improved compliance."

In addition, Congress is expected to increase the IRS's budget, especially for enforcement activities, such as audits. President Bush asked Congress to appropriate a record $11.36 billion for the IRS for the year starting Oct. 1, according to a Treasury Department publication. That would be an increase of 4.3 percent from the amount enacted for fiscal 2008; spending on enforcement would rise more than 7 percent, the publication says.

IRS officials say they plan to increase audits, especially of high-income taxpayers and self-employed workers. IRS agents have been focusing on people who make $100,000 or more, and especially those making $1 million or more. The number of audits among the million-dollar-and-up group rose 84 percent in fiscal 2007 from the prior year.

The nation's overall tax-compliance rate in 2001 was estimated at more than 86 percent, after including late payments and recoveries from IRS enforcement activities. Lawmakers are pressing the IRS to increase that.

One way to improve compliance is to require cost-basis reporting, Treasury officials say. Advocates say requiring this information to be reported directly to the IRS would make investors more honest in what they report as their cost when they sell securities. Officials long have suspected some investors of overstating their costs and thus underpaying taxes.

"Generally, compliance increases significantly for payments that a third party reports to the IRS," a Treasury publication says in listing reasons for the change. "The potential for non-compliance on sales of securities is considerable under current law, because the taxpayer's basis is not reported" to the IRS.

Officials hope the plan also would make it easier for law-abiding investors to keep track of their costs. Such a requirement "would provide significant simplification benefits by relieving taxpayers from the often complicated task of calculating adjusted basis" to figure out gains or losses when they sell securities, the Treasury said.

Since the idea enjoys White House support and is viewed as likely to raise billions of dollars, "I think it is extremely likely to be included in some tax bill this year," said Tim Hanford, a tax-policy consultant and a former House Ways and Means Committee staffer. "While there will clearly be some administrative hiccups in getting the basis-reporting rules implemented, I think it will provide the IRS a good enforcement tool to collect tax due on securities sales."

The White House proposed the idea last year, and the House approved a bill late in the year. The Treasury proposal would apply to securities acquired after the end of 2009.

Among supporters of the idea is Sen. Chuck Grassley of Iowa, the ranking Republican on the Senate Finance Committee. Cost-basis reporting is "a common-sense tax-gap measure whose time has come," he said. "I've been working with Chairman (Sen. Max) Baucus and Treasury on a workable cost-basis reporting proposal."

The Bush budget includes other compliance ideas that may gain traction. Among them is the president's call for increased criminal penalties for "willful" failures to file tax returns. The president proposes elevating this offense to a felony from a misdemeanor. This proposal would be effective for returns required to be filed on or after Jan. 1, 2009. Thus, it wouldn't have any impact on the case of Wesley Snipes, the actor who recently was convicted on three misdemeanor counts of failing to file returns.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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