Accessibility Skip to Top Navigation Skip to Main Content Home  |  Change Text Size  |  Contact IRS  |  About IRS  |  Site Map  |  Español  |  Help  

4.19.3  IMF Automated Underreporter (Cont. 5)

4.19.3.20 
Taxpayer Responses

4.19.3.20.3 
Instructions Specific to Income/Issue Types

4.19.3.20.3.7  (09-01-2003)
Rent and Royalty Income

  1. Accept the TP explanation when:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.8  (09-01-2005)
Conduit Income

  1. Accept the explanation when the TP:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "

    8. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    10. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    11. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    12. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    13. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.9  (09-01-2003)
Agricultural Subsidies

  1. Accept the TP statement ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    8. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.10  (09-01-2003)
Patronage Dividends

  1. Accept the TP explanation when:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.11  (09-01-2003)
Unemployment Compensation

  1. Accept the TP explanation when ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Caution:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.12  (09-01-2008)
Social Security/ Railroad Retirement (SS/RR)

  1. If the taxpayer replies that the proposed taxable SS/RR benefits includes nontaxable Workers' Compensation, issue a 2626C Letter and inform the taxpayer that Workers' Compensation that reduces SS/RR benefits is considered as SS/RR when computing taxable benefits.

    Note:

    The Workers' Compensation appears as WCOMP on the SS/RR IR. The WCOMP amount is included in the SS/RR amount.

  2. If the taxpayer disagrees with the underreported SS/RR because a portion of the gross benefits includes payments for previous year(s), take the following action:

    1. If the taxpayer amended his/her prior year tax return(s) to include the portion of SS/RR for that year(s), check IDRS CC:IMFOL. If the adjustment(s) posted, then determine if the taxpayer reported the proper amount of SS/RR for the AUR tax year. If necessary, create a SS/RR IR for the benefits received in the AUR tax year.

    2. If the prior year(s) accounts were not adjusted, issue a 2626C Letter. Advise the taxpayer that he/she may benefit by using the Lump Sum Election method to calculate Social Security Benefits. Include instructions from Publication 915 and the appropriate worksheets.

  3. If the taxpayer disclaims knowledge of a Form SSA-1099, do not generate a 2625C Letter to the Social Security Administration. Issue a 2626C Letter and inform the taxpayer that they will need to contact their local SSA office to obtain a corrected statement.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ if there is an indication the taxpayer is a resident of one of the following countries:

    • Canada

    • Egypt

    • Germany

    • Ireland

    • Israel

    • Italy

    • Japan

    • Romania

    • The United Kingdom

4.19.3.20.3.13  (04-25-2008)
Other Income

  1. These payments may have been pursued as miscellaneous NEC or as OTINC. They may represent Disaster/FEMA payments, Court Award Settlements or Prizes and Awards.

  2. When the U/R 1099-MISC (NEC or OTINC) is from the same payer as the taxpayer’s employer and the taxpayer’s response indicates that the U/R amount represents a reimbursement of business expenses:

    1. Accept the explanation if the taxpayer does not attempt to claim excess expenses over the reimbursement amount.

      Note:

      If the TP indicates that the expenses were less than the reimbursement, the difference is taxable income

    2. If the taxpayer attempts to claim excess expenses over the reimbursement amount and does not provide a completed Form 2106, do not allow the excess deduction. Send PARAGRAPH 159 ( See Exhibit 4.19.3-12) if issuing a recomputed notice, or use the content from PARAGRAPH 159 in the applicable Correspondex letter.

  3. If the taxpayer response≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. Settlements of $50,000/$12,500 issued on Form 1099MISC (as OTINC) from the Judgment Fund Branch of the USDA as a result of a class action discrimination suit filed by farmers (known as Black Settlement or Pigford claims) is considered taxable income.

    1. If the taxpayer disagrees that the $50,000 OTINC amount is taxable, advise the taxpayer that the settlement is taxable income as described in the letter they received.

    2. If the taxpayer disagrees with the $12,500 OTINC amount, research IDRS CC:TXMOD for the prior year for the presence of a TC 660 (ES Tax Payment) for $12,500. Notate the date of ES Payment and advise the taxpayer that the $12,500 credited to their account as an estimated tax payment to defray the tax due on the $50,000 portion of the settlement is considered taxable income in the year it was applied. Inform the taxpayer of the date the amount was applied.

4.19.3.20.3.13.1  (09-01-2006)
Court Award/Settlement

  1. If the taxpayer response does not provide a breakdown of the award and claims some portion is non-taxable, and a recomputed notice is being issued send PARAGRAPH 119 ( See Exhibit 4.19.3-12.). If issuing a 2626C Letter, ensure the letter includes wording similar to PARAGRAPH 119.

  2. If the taxpayer response includes a breakdown of the award, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. Damages were received for personal physical injury or sickness.

    2. Damages were received for emotional distress due to a physical injury or sickness.

    3. Damages were received for personal injuries or sickness under a written binding agreement, court decree or mediation award that was in effect (or issued on or before) September 13, 1995.

    4. Gain for damages received was reported on Form 4797.

    5. Taxpayer(s) elected to postpone the gain on damages received in accordance with IRC Section 1033.

  3. See IRM 4.19.3.7.17.2 (1) for more information.

4.19.3.20.3.13.2  (09-01-2008)
Prizes

  1. If the taxpayer states that he/she reported the fair market value of a prize and the amount reported is:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ issue a 2626C Letter, include the following special paragraph: "Please submit verification of the fair market value of your prize."

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ accept the taxpayer's explanation.

4.19.3.20.3.14  (09-01-2006)
Gambling

  1. If the taxpayer attempts to change the reporting of lump sum payments from their lottery winnings from ordinary income to a capital gain (on Schedule D), disallow the claim. See IRM 4.19.3.7.18.1 (2) for further instructions.

  2. If the taxpayer responds with losses (with or without a revised Schedule A), See IRM 4.19.3.7.18.2.

4.19.3.20.3.15  (02-05-2008)
Cancellation of Debt

  1. When the taxpayer responds that the DBTCN is excludable due to bankruptcy or insolvency, or because it was from a qualified farm indebtedness or qualified real property business indebtedness AND the taxpayer has tax attributes, then a Form 982, Reduction of Tax Attributes Due to Discharge or Indebtedness, must be completed to determine the allowable reduction of tax attributes. Tax attributes are the following:

    • Net Operating Loss (NOL).

    • General Business Credit Carryover (Form 3800).

    • Minimum Tax Credit (Form 8801).

    • Capital Losses (from Form 1040, Schedule D).

    • Basis in real or rental property (from Form 1040, Schedule E, Part I or Form 4562 is attached).

    • Passive Activity Loss and credit carry-overs (from Form 1040, Schedule E, Part II).

    • Foreign and Possessions Tax Credit (from Form 1040, Form 1116).

      Note:

      Use a 2626C Letter to correspond for a completed Form 982.

  2. Accept the explanation when the taxpayer states that ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ If the taxpayer indicates that the Bankruptcy was Chapter 12, 13 or does not indicate the Chapter, then the taxpayer must state or provide documentation that the DBTCN was included as on of the creditors in the Bankruptcy papers. If necessary, correspond with the taxpayer using a 2626C Letter.

  3. If the taxpayer claims insolvency, he/she MUST provide a statement listing assets and liabilities. The taxpayer is considered insolvent when total liabilities exceed the fair market value (FMV) if assets before the debt was cancelled. The taxpayer may only exclude DBTCN up to the insolvent amount.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Issue a recomputed notice for the remaining taxable DBTCN amount when the DBTCN amount ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Issue a 2626C Letter if Form 982 is submitted without a statement listing assets and liabilities.

    Example:

    If the DBTCN amount is $10,000 and the fair market value (FMV) of the property is $9,000 the difference of $1,000 is considered ordinary income. If the adjusted basis of the property is $15,000 and the DBTCN is $10,000, the difference between the basis and the FMV ($6,000) is the loss amount.

  4. If the taxpayer response indicates that the DBTCN includes interest that accumulated on the debt, but was forgiven as part of the DBTCN and was:

    1. Non-deductible (e.g., interest on a personal loan, credit card, etc.) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Deductible (e.g., mortgage interest, business loan, investment interest, etc.) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. There is no INTFG amount on the IR, issue a 2626C Letter to request the documentation.

  5. If the taxpayers response indicates that the DBTCN was for a foreclosure or repossession and:

    1. Provides a Fair Market Value (FMV) amount that is larger than the DBTCN amount, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. The DBTCN was due to a non-recourse debt, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.7.19.1 (9)

      Note:

      If Form 982, Box 1(e) is checked, the taxpayer is allowed to exclude up to two million dollars (one million dollars if married filing separately) of DBTCN resulting from a foreclosure of the principal residence. If Form 982 is incomplete or missing correspond issue a 2626C Letter to request the information.

    3. A worksheet for Foreclosures and Repossessions or a similar statement is attached, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. He/she is entitled to take any losses claimed, issue a 2626C Letter stating that losses are non-deductible, unless the property was held for use in a trade or business or for investment, in which case a portion of the loss may be deductible.

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If the taxpayer states that the discharge of debt is from a Qualified Farm Debt or real property business indebtedness≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , see (1) above.

  8. If the taxpayer responds that their financial institution offered a discount for early payment of a mortgage loan, issue a 2626C Letter to inform the taxpayer that the amount of the discount is considered a cancelled debt and as such is fully taxable and must be reported on their tax return.

4.19.3.20.3.16  (10-30-2006)
Securities Sales

  1. If the taxpayer acknowledges the U/R STOCK (e.g. provides broker statements), however, the response does not include a completed Schedule D, take either of the following actions:

    1. For single (or relatively few) STOCK IR discrepancies, adjust the U/R STOCK amount by the cost basis provided in the broker statement(s) OR

    2. For multiple STOCK IR discrepancies, issue a 2626C Letter (or a recomputed notice, if appropriate) with the following Special Paragraph: " Your response did not include the requested completed Schedule D, detailing each securities sales transaction listed on our previous notice. When the necessary information is received, we will adjust your account accordingly. "

  2. If the taxpayer responds with a revised Schedule D AND :

    1. The original Schedule D was a gain (or Schedule D was not originally filed), use the cost basis to adjust the U/R STOCK amount(s).

    2. The original Schedule D was a capital loss of less than $3,000 ($1,500 if MFS), use the cost basis to adjust the U/R STOCK amount(s) and See IRM 4.19.3.20.1.21(3) for further instructions.

    3. The original Schedule D was limited to the maximum capital loss of $3,000 ($1,500 for MFS) See IRM 4.19.3.20.1.21.

    Note:

    If issuing a recomputed notice send PARAGRAPH 44 ( See Exhibit 4.19.3-12) and ensure PARAGRAPH 166 is not sent.

  3. When the taxpayer disagrees with the U/R STOCK, accept the statement when:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. If security transactions or STOCK income is related to day trading, See IRM 4.19.3.20.3.16.1.

4.19.3.20.3.16.1  (09-01-2004)
Day Trader - Securities

  1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Advise the TP that in order to avoid future correspondence on this issue, securities transactions relating to trader activities should be reported on Form 4797. Refer the TP to Publication 550 for further instructions.

  2. If the TP responds with a statement that they wish to make a mark to market election now, take the following action:

    Note:

    The election must be filed by April 15th to be valid for the year the election was made. Any current statement of mark to market election will not be valid for the AUR tax year. The TP must also file Form 3115, Application for Change in Accounting Method.

    1. Review the statement for completeness. The statement should include the following information: That the election is made under IRC Section 475(f), the first tax year for which the election is effective and the trade or business for which the election is being made.

    2. Advise the TP that: the election is not valid for the current AUR tax year; the tax year that the election is valid; and that a Form 3115, Application for Change in Accounting Method, must be filed.

    3. If Form 3115 is attached, forward it for processing.

    4. Continue normal AUR case processing.

  3. If the TP responds that the U/R STOCK is from their trader activities and the TP filed a Form 4797 or provided other evidence of a previously filed mark to market election, delete Income Identify Code "ST" from the affected IR(s) to ensure that the lower capital gain rates and the limitation on capital losses does not apply.

4.19.3.20.3.17  (09-01-2003)
Real Estate

  1. An adjustment is required when the taxpayer agrees that an amount was U/R or omitted and provides the necessary documentation of basis to compute the gain or loss.

  2. If the taxpayer does not provide the necessary documentation of basis to taxable gain or loss, contact the taxpayer to obtain the information needed to make the adjustment using normal processing procedures.

  3. Accept the TP explanation that ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. For sales after May 6, 1997, the taxpayer may exclude up to $250,000 ($500,000 if married filing jointly), regardless of age. Any gain in excess of the exclusion is taxable. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.18  (09-01-2008)
Qualified Education Payment Program (QTP or CESA) Distributions

  1. Accept the explanation when the TP states or there is an indication that:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. See IRM 4.19.3.7.26.2 for exceptions to the 10% additional tax.

4.19.3.20.3.19  (09-01-2003)
Long Term Care Benefits (LTC)

  1. Accept the following explanations:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.3.20  (09-01-2004)
Foreign Income

  1. Accept the taxpayer's explanation when ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • Pensions and annuities-Are exempt under a tax treaty.

    • Currency rates fluctuation-Income partially reported on the return and the taxpayer states that different currency rates caused the difference in the income.

4.19.3.20.3.21  (09-01-2008)
Traditional IRA, or SEP Deduction

  1. If an Adjusted Contribution Rate OTHER THAN 25% applies, enter this rate in the PRIMARY AND SECONDARY CONTRIBUTION RATE field in the SEP Adjustment window. The system computes the allowable deduction based on this entry.

  2. If the taxpayer responded with information about an additional IRA deduction amount(s) that was not taken originally, use the IRA window to compute the allowable IRA deduction amount(s).

    Reminder:

    When the IRA deduction is an issue, check for Form 8880, Credit for Qualified Retirement Savings Contributions, and adjust as appropriate.

  3. If the IRA deduction was disallowed in screening because of an indication that the taxpayer(s) had reached an age of 70 1/2, and it is now found that the taxpayer(s) age is less than 70 1/2, enter the correct amounts in the PRIMARY and/or SECONDARY COMPENSATION fields as applicable on the IRA window. The system computes the correct deduction.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ in an employer's pension plan (even though the "pension plan" box is checked on the Form W-2), UNLESS the attached W-2 shows that the taxpayer contributed to a pension plan (i.e., Box 1 Wages are less than SSWAG by the Box 12 amount and code D, E or F is present).

    Reminder:

    Section 457 plans (Code G) and 501(c)(18) plans (Code H) are not considered pension plans for determining allowable IRA contributions. See IRM 4.19.3.8.6.1(4)g Exception for further information.

    Note:

    Members of Reserve Components of the Armed Services are not active participants unless they serve on active duty over 90 days. Refer to Notice 87-16, 1987-1 C. B. 446.

    Note:

    If accepting the TP explanation for IRA deduction, check the Retirement Saving Credit window to ensure entries are correct per the TP response.

4.19.3.20.3.22  (09-01-2004)
Self-Employed Health Insurance Deduction (SEHID)

  1. If the taxpayer responds that the self-employed health insurance deduction (SEHID) needs to be adjusted AND provides the total amount he/she paid for health insurance coverage, take the following action:

    1. Compare the amount the TP paid for his/her health insurance coverage with the revised business profit and any other earned income (including wages from S Corporation), minus deductions claimed on Form 1040, lines 27 and 28, as filed or adjusted due to U/R processing.

    2. The smaller of the two amounts is the new SEHID.

    3. Compare the new SEHID to the amount originally claimed. If the SEHID changed, use the Misc Adjust/Sch C Exp window to reflect the difference.

    4. Advise the taxpayer of the change to SEHID with an appropriate paragraph.

  2. If the taxpayer does not provide the amount he/she paid for self-employed health insurance coverage, correspond for this information.

4.19.3.20.3.23  (09-01-2008)
Mortgage Interest

  1. If the taxpayer's response includes acceptable explanations for some of the amounts ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. If additional research is required to resolve the issue, see Publication 936, Home Mortgage Interest Deduction.

  3. If the taxpayer's response states the mortgage interest in question is related to a Schedule E property or makes reference to a passive loss limitation/restriction, determine if the passive loss rules affect the property for which mortgage interest deductions apply, by comparing Schedule E, line 23 (deductible rental loss) to line 22 (income or loss from rental/royalty property).

    1. If the deductible loss on line 23 is equal to or greater than the loss on line 22, work the issue as a normal O/D case.

    2. If the deductible loss on line 23 is less than the loss on line 22, the loss is subject to passive activity loss rules.

    When the passive loss activity rules apply, the adjustment to MID may not affect the current tax year's AGI, but impacts the amount of loss that can be carried forward to the subsequent year. If the taxpayer agrees to the U/R MID, and claims no impact due to passive activity loss limitations, take the following action:

    1. Accept the taxpayer's explanation regarding the U/R MID issue for the property(ies) in question and ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    2. Include the following Special Paragraph: "Although the adjustment to the mortgage interest deduction does not affect your current year's taxable income, the passive loss carry forward for the property must be corrected. We have recorded the adjustment. Please make the necessary corrections to your passive loss carry forward worksheets."

    3. Complete Form 5346, Examination Information Report. Include a narrative explaining the nature of the adjustment (to the passive loss carry forward), the amount of the adjustment, the related property that was affected, and all other return information required on the form.

    4. Forward the completed Form 5346 to either the Chief, Classification or to the Chief, Planning and Special Programs (PSP) for review (per local determination).

    5. Leave a Case Note documenting the actions taken.

    Note:

    If the passive activity rules apply, and the taxpayer does not respond or does not agree with the proposed adjustment to the MID, follow normal No Response or Disagreed response procedures for the O/D MID.

  4. If the taxpayer responds with Form 8829, See IRM 4.19.3.10.2.1 for further instructions.

  5. Accept the TP explanation when:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Contact the taxpayer and include the following special paragraph:"In order to deduct home mortgage interest you must be legally liable for the loan. You cannot deduct payments made on someone else’s behalf if you are not legally liable to make them. Please provide us with any documentation showing that you are liable for the loan."

4.19.3.20.3.24  (09-01-2008)
Self-Employment Tax (SE tax) vs. Employee Share of FICA

  1. If the taxpayer responds he/she is NOT LIABLE for SET on NEC because he/she is an employee, take the following action:

    1. Issue a 2626C Letter.

    2. Include the following Special Paragraph: Our records show that you were paid as an independent contractor, subject to self-employment tax. Please complete and return Form SS-8, Determination of Worker Status and attach it to a copy of this letter. To expedite processing please write " AUR" along the top of Form SS-8.

    3. Ensure Form SS-8 is sent to the taxpayer.

      Caution:

      This process is not for misclassification of wages (i.e. bonus income, supplemental wages, etc.). This process is to determine worker status.

      Reminder:

      During Statutory Notice phase, include a paragraph that alerts the taxpayer that the 90-day period for petitioning tax court is still in effect.

  2. If the taxpayer responds with Form SS-8:

    1. Forward the Form SS-8 to the proper SS-8 Group (using 4442 Inquiry Referral) based on the payer’s location. See Form SS-8 instructions for further information.

    2. Include a Case Note.

    3. Manually issue a 4314C Letter to the taxpayer.

    4. Provide the SS-8 Group Action 61 contact person/telephone number.

    5. Suspend the case in the unit for 60 days and monitor.

    6. If, after 60 days, the SS-8 group has not responded, contact SS-8 for determination status.

  3. When the SS-8 Group notifies AUR that the taxpayer is subject to SE tax:

    1. Issue a 2626C Letter and include the following open paragraph: " Our records indicate that a determination has been made that you are an independent contractor subject to self-employment tax."

    2. Leave a Case Note.

    3. Continue processing.

  4. When the SS-8 Group notifies AUR that the taxpayer is an employee (subject only to FICA), take the following action:

    1. Use the Additional FICA Tax window to compute the employee share of FICA (7.65%) on the gross NEC instead of the originally proposed SET amount.

    2. Change the Income Identify Code on NEC IR(s) subject only to FICA tax to "PE" or"SE" as applicable.

    3. Select the SE Tax window and enter zeroes (0) in the primary and secondary SE TAX NOW fields. This prevents the system from assessing SET on the FICA income.

    4. Send PARAGRAPH 163 ( See Exhibit 4.19.3-12).

    Note:

    If the NEC is partially reported on Schedule C, verify the SSN's to be sure you adjust the correct Schedule C. Also, select the FICA Tax window in the proper sequence, See IRM 4.19.3.3.2 (3). If selected out of order, a message displays describing the proper sequence. See IRM 4.19.7, FICA Tax window.

  5. When the taxpayer submits an AUR reconsideration request disagreeing with the assessment of SE tax:

    1. Send the appropriate C-Letter advising the taxpayer to complete and submit the Form SS-8 per the instructions on Form SS-8. Include a statement that the process can take up to 180 days to be completed before a determination is rendered. Include Form SS-8.

    2. Close the AUR control (assign IPC 9I for TY 2005 and subsequent).

  6. If the taxpayer submits an AUR reconsideration request that includes a Form SS-8 take the following action:

    Caution:

    This process is not for misclassification of wages. (i.e. bonus income, supplemental wages, etc. ). This process is to determine worker status.

    1. Forward the Form SS-8 to the applicable SS-8 team, based on the payer location.

    2. Send the taxpayer the appropriate C-Letter advising the taxpayer that the Form SS-8 has been forwarded for consideration and provide the TP with the SS-8 Action 61 contact. Include a statement that the process can take up to 180 days to be completed before a determination is rendered.

    3. Close the AUR control (assign IPC 9I for TY 2005 and subsequent).

    Note:

    Once the SS-8 group renders their determination, they will instruct the taxpayer to file a Form 1040X, including a copy of the favorable determination letter to the Service Center where they filed their original tax return.

4.19.3.20.3.25  (09-01-2005)
O/C Withholding - Responses

  1. If the taxpayer responds to a notice issued for O/C questionable W/H and provides an acceptable explanation or the necessary documentation, close the case No Change.

    Note:

    Schedules K-1 may contain backup withholding (BWH). If the taxpayer responds with a Form 1041-Schedule K-1 showing backup withholding identified on line 13 with a code "B" OR a Form 1065-Schedule K-1 and an amount on line 15 with a code "O" OR a Form 1120S-Schedule K-1 and an amount on line 13 with code "O" consider the Schedule K-1 as documentation to support the additional backup withholding amount claimed on the return.

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. If the taxpayer responds to a notice issued for O/C questionable W/H and does not provide the necessary documentation/acceptable explanation, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ :

    1. If the O/C W/H was the only issue, assess the undocumented O/C W/H amount. Issue a letter to inform the taxpayer that we have disallowed the additional W/H, he/she will receive an adjustment notice and that he/she may file an amended Form 1040X when the necessary documentation is obtained. Close the case with PC 53 (CP 2501) or PC 68 (CP 2000).

    2. If the notice contains other issues, ensure that the AGREE criteria ( See IRM 4.19.3.20.5.) is met before assessing the account.

      Note:

      A Statutory Notice of Deficiency cannot be issued when there is no tax increase (or the tax increase is below tolerance). The taxpayer has no appeal rights concerning withholding.

      Caution:

      If the return is an ELF or 1040EZ and there is no information (loose forms, schedules or correspondence), to be associated with the refile DLN, enter "N" in the SOURCE DOCUMENT ATTACHED? field of the Assessment window.

  4. If the taxpayer responds to a notice issued solely for O/C questionable W/H and indicates that Estimated Payments (ES) were included in the W/H amount, input the adjustment for the ES amount claimed:

    1. Ensure that the Return Value Screen correctly reflects the needed changes.

    2. After committing Return Value Screen, access the Assessment window.

    3. Confirm the presence of TC 290-0 and Reference Code 807 for the ES amount claimed erroneously.

    4. If the taxpayer disputes the proposed adjustment, issue a letter to inform the taxpayer of the pending adjustment.

    5. Close the case with PC 53 (CP 2501) or PC 68 (CP 2000).

      Note:

      If TAX ACCOUNT does not contain any TC 660s, perform IDRS research to determine where the ES Payments could have posted (i.e., possible Spousal Dummy Account).

      Caution:

      If the return is an ELF or 1040EZ and there is no information (loose forms, schedules or correspondence), to be associated with the refile DLN, enter " N" in the SOURCE DOCUMENT ATTACHED? field of the Assessment window.

4.19.3.20.3.26  (05-02-2005)
U/C Withholding - Responses

  1. If the taxpayer responds to a CP 2501 Notice that was issued only for U/C questionable W/H or U/C questionable W/H with U/R issue(s) that result in a below tolerance net tax change and:

    1. Provides documentation or acknowledges that the U/C W/H should have been reported on the return, allow the additional U/C W/H. See (2) below for further instructions.

      Example:

      Taxpayer signs the CP 2501 and makes no indication of disagreement.

    2. Fails to address/verify the U/C W/H, close the case with PC 52 (no closure letter). Send an 1802C Letter to inform the taxpayer that we have concluded our investigation and they may file a Form 1040X if they have any additional information they want us to consider.

    3. Only addresses SOME of the U/C W/H, input the adjustment for the additional documented/acknowledged W/H ONLY on the ASSESSMENT window. See (2) below for further instructions. Send a letter to explain the W/H adjustment allowed and instruct the taxpayer to file a Form 1040X if they have any additional information they want us to consider.

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. If all other issues have been resolved or result in a below tolerance net tax change and allowable U/C withholding is still an issue:

    Exception:

    If the taxpayer responds with an acceptable Form 1040X or provides revised figures, pursue all issues.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Complete and commit Return Value screen.

    4. Access the Assessment Window.

    5. Input Priority Code "3" .

    6. Close the case with PC 53 (CP 2501), PC 68 (CP 2000) or PC 88 (Statutory Notice).

      Caution:

      If the return is an ELF or 1040EZ and there is no information (loose forms, schedules or correspondence), to be associated with the refile DLN, enter "N" in the SOURCE DOCUMENT ATTACHED? field of the Assessment window.

4.19.3.20.4  (09-01-2007)
Discrepancy Explained (No Change)

  1. Close a case with no change to original tax liability if a response to the notice contains an acceptable explanation for the full amount in question.

    Note:

    If the taxpayer gives an acceptable explanation for all income in question and requests an interview, conference, or hearing, take appropriate action to resolve the case. Also contact the taxpayer (via telephone call or an 1802C Letter ), and tell them the issue was resolved and to contact their local Area Office if they still would like an interview.

  2. If a case is being closed No Change and the taxpayer submits a payment, input/verify the TC 290-0 on the Assessment window to refund the payment.

    Note:

    Delete any other Reference Code(s), Transaction Code(s), and/or amount(s) that are present on the Assessment window (i.e. Reference Code(s) 886, 888).

  3. If the case is closed No Change and an adjustment to prepayment credits and/or AGI/TXI is necessary, See IRM 4.19.3.20.6 (9)c.

  4. No change PCs 15, 39, 47, 48, 51, 52, 69, 70, 71, 72, 73, 89, 91, 92 and 93 automatically generate a TC 290-0 for electronically filed returns with a "Y" in the SOURCE DOCUMENT ATTACHED? field in the Assessment window.

    Caution:

    If there is no information (loose forms, schedules or correspondence) to be associated with the refile DLN, enter an "N" in the SOURCE DOC field in the Process Code window.

  5. If the taxpayer provides an acceptable explanation of all the income in question, close the case using Process Code 47, 52, 70, 71, 91 or 92 as appropriate. If the U/R issues are only partially resolved, follow instructions in See IRM 4.19.3.20.6. , Partially Agreed Responses or See IRM 4.19.3.20.6.1, Recomputation Notice/Supplemental Report, to determine the correct action (i.e., Notice Indicator, Process Codes, etc.).

  6. If the case is closed No Change and;

    1. there is no balance due on the module and

    2. there is an indication in the case file that an Installment Agreement/Form 9465 has been received,

    review the Tax Account screen for the TC 971 AC 043 (pending Installment Agreement). Reverse the TC 971 AC 043 with TC 972 AC 043 using the same posted date as the TC 971.

4.19.3.20.4.1  (09-01-2008)
Discrepancy Explained (No Change) - General

  1. Use the following examples of acceptable explanations as a guide for evaluating taxpayer responses. These examples are not all inclusive. The explanation of disagreement with the proposal on one or more of the issues is acceptable when the response meets the criteria in (2) through (14) below.

  2. The income in question is nontaxable, and information sources (the Internal Revenue Code, Publication 17, etc.) confirm the nontaxability.

  3. The same issue was addressed in a prior year and was correctly closed No Change.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Master File shows an indication of a mixed entity situation.

    Caution:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ to prepare a Form 9409, IRS/SSA Wage Worksheet, unless the taxpayer has provided an SSA determination letter on the Wage IR(s) in question.

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    Check the Payer/Agent window; if the information is not present, route a copy of the documentation provided by the taxpayer/payer to the AUR Payer/Agent Coordinator.

  7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    Follow procedures in See IRM 4.19.3.20.7.(7) if the taxpayer states that the income was reported in an incorrect year.

  8. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  10. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  11. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  12. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  13. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  14. Master file shows an indication of a mixed entity situation.

4.19.3.20.5  (09-01-2008)
Agreed Responses

  1. An agreed response must contain no disputing comments and must meet ONE of the following conditions:

    Note:

    If the only disputing comments are concerning interest, treat as an agreed response. The taxpayer does not have to consent to the assessment of interest as this is a statutory adjustment. Issue an 1802C Letter to inform the taxpayer. See IRM 4.19.3.20.1.2 for Abatement of Interest instructions.

    1. Be full paid - prior to issuance of a Statutory Notice - for tax and all penalties, except the following: ES Penalty, social security tax on tips, and FTF/FTP relating solely to adjustments to W/H and/or Excess SST.

      Caution:

      Full payment received after issuance of a Statutory Notice cannot be accepted as agreement to the tax increase. Issue a 2626C Letter to acknowledge payment and request missing signature(s). Unless the necessary signature(s) are obtained, these cases will be left to Default.

      Note:

      The taxpayer is not required to submit payment for the Accuracy-Related Penalty Due to Negligence/Substantial Understatement if evidence of reasonable cause is provided and accepted.

    2. Contain the necessary signatures on the CP 2000 (including Form 9465), Waiver, Form 1040X, statement, or similar document.

      Note:

      A statement or similar document must contain (in addition to the signature) the tax year, the tax increase amount, and applicable penalties unless attached to the notice.

    3. A signature on a CP 2501 does not meet agreed criteria for assessment of tax/penalties unless the taxpayer provides a tax computation.

  2. Both signatures are required on a jointly filed return that is not fully paid (the signature of a surviving spouse is acceptable). See IRM 4.19.3.20.1.16 for divorced/separated taxpayers.

  3. The signature of a third party is acceptable if:

    1. A Power of Attorney has been filed authorizing the third party to sign, or

    2. The third party is executor or administrator of the taxpayer's estate.

  4. If the case is designated as an ARDI case (proposed adjustment of $100,000 or more), do not input the assessment even if the taxpayer has fully agreed. Indicate ARDI on the case folder and transfer the case to a locally designated UID for processing. See IRM 4.19.3.20.1.3 for additional information.

  5. If the taxpayer agrees to the notice and indicates he/she would like to talk to someone:

    1. Contact the taxpayer by phone (only one attempt is required), and

    2. Take the appropriate action.

  6. If the taxpayer requests that the subsequent year's refund be applied to the deficiency:

    1. Close the case agreed.

    2. Ensure input of a TC 130 freeze.

    3. Issue an 1802C Letter to the taxpayer. Inform him/her the request has been forwarded to the appropriate department, but we may not have time to deduct the liability from this year's refund.

  7. If the taxpayer does not request an Installment Agreement, but indicates that they can pay the balance due within 120 days, forward the extension to pay to Collections for processing.

  8. Close case using Process Code 53, 67, or 87 as appropriate.

  9. An assessment record generates automatically up to a locally determined date, but no later than January 8, 2010, for CP 2000 cases or May 7, 2010, for Statutory Notice cases. After that time, manual assessments must be input on IDRS.

4.19.3.20.6  (09-01-2008)
Partially Agreed Responses

  1. A response is considered partially agreed when the taxpayer includes acceptable explanations for SOME of the amounts in question. Recompute the tax on the remaining AUR issues.

  2. Use the Recomputed Notice process to update the taxpayer's account. Using IPC "RN" (CP 2000) or "SR" (Statutory Notice) with the appropriate Notice Indicator ensures that State Disclosure information is properly updated.

    Exception:

    IPC "RN" and "SR" are not valid for Employee Cases. If the taxpayer’s response is a partial agree that would otherwise have been closed with IPC "RN" or " SR" , issue a recomputed notice (PC 59 or PC 95) for the taxpayer’s signature. This ensures the CP 2000 History is properly updated to allow for correct State Disclosure information. However, if there is insufficient time left on the Statutory Notice suspense period use PC 88 to assess the case.

    Note:

    If the system recomputes an amount LESS than the taxpayer's calculation, always use the system figures. Include an Open Paragraph explaining the difference. Use Notice Indicator 7 to ensure the taxpayer receives a "for your information only" CP 2000 Notice.

  3. When the taxpayer responds to a CP 2000/2501/Statutory Notice, use the NET TAX CHANGE tolerance to determine future action on the case. See IRM 4.19.3.12.4 (3) for further description of net tax change.

  4. If there is an entry in the MANUAL INTEREST field on the Return Value screen, clear the field to allow for recomputations.

  5. When the taxpayer responds with an acceptable explanation for some of the amounts in question, does notprovide revised tax figures and:

    • signs the consent to tax increase on the CP 2000, Waiver or attached statement (with or without full payment) or submits a payment which equals or exceeds the new tax increase and all penalties (except ES Penalty and FICA tax on tips) and

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    take the following actions:

    1. Rework the case as necessary. Consider penalties as applicable.

    2. Input/verify the appropriate entries on all screens. Input "7" or "8" as appropriate in the NOTICE IND field of the Summary screen.

      Reminder:

      Notice Indicator "8" should only be used when the non-refundable credits window is used to make the AUR system match the taxpayer’s figures ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . In these situations a letter should be sent to the taxpayer confirming that we used the information/computation they provided to make the assessment to their account.

    3. Input IPC RN or IPC SR. When IPC RN or IPC SR is used, the system generates an automatic assessment.

  6. If the taxpayer's acceptable response results in no tax deficiencies(i.e.: tax decrease with no decreases to either EIC or ACTC), with or without a signed consent:

    Note:

    See IRM 4.19.3.12.4 for definition of deficiency items.

    1. Rework the case as necessary. Consider penalties as applicable.

    2. Input/verify the appropriate entries on all screens. Input " 7" or "8" as appropriate in the NOTICE IND field of the Summary screen.

      Reminder:

      Notice Indicator "8" should only be used when the non-refundable credits window is used to make the AUR system match the taxpayer’s figures ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . In these situations a letter should be sent to the taxpayer confirming that we used the information/computation they provided to make the assessment to their account.

    3. Input IPC RN or IPC SR. When IPC RN or IPC SR is used, the system generates an automatic assessment.

      Note:

      For CP 2501 responses above tolerance issue a CP 2000.

  7. If the recomputed net tax change is above tolerance and the taxpayer includes an acceptable explanation for some of the amounts in question, provides revised figures and either FULLY paid, or agreed to the tax and all penalties (except ES Penalty and FICA tax on tips):

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Input/verify the appropriate entries on all screens. If the system is unable to compute the same amounts as the taxpayer did ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , adjust the MISCELLANEOUS CREDITS field of the Non-Refundable Credits window (in Return Value) to resolve the difference.

    3. Input "7" or " 8" in the NOTICE IND field on the Summary screen.

      Note:

      If the system recomputes an amount LESS than the taxpayer's calculation, always use the system figures. Include an Open Paragraph to explain the difference. Use Notice Indicator "7" to ensure the taxpayer receives a "for your information only" CP 2000 Notice.

      Reminder:

      Notice Indicator "8" should only be used when the non-refundable credits window is used to make the AUR system match the taxpayer’s figures ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . In these situations a letter should be sent to the taxpayer confirming that we used the information/computation they provided to make the assessment to their account.

    4. Input IPC "RN" or "SR" .

    Note:

    For CP 2501 responses, if the taxpayer includes a specific amount of tax increase, update/verify the Assessment window and input PC 53.

  8. If the recomputed net tax change is above tolerance and the taxpayer has not signed a consent to tax increase nor fully paid with no disputing comments, issue a Recomputation Notice with the appropriate Notice Indicator. See IRM 4.19.3.20.6.1.

    Example:

    The CP 2000 was originally issued for a tax increase of $1,000 and an increase to W/H of $800. Based on the taxpayer's response, the recomputed tax increase is now $840, with an increase to W/H of $800.≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ If the agreed criteria is not met, the tax examiner MUST issue a revised CP 2000 for the taxpayer's signature(s).

  9. If the recomputed net tax change is below tolerance and the taxpayer does not submit a payment, or does not request a bill/notice, close the case No Change.

    1. If an adjustment to prepayment credits and/or AGI/TXI is NOT necessary, use PC 47 (CP 2501), PC 70 (CP 2000) or PC 91 (Statutory Notice) to close the case.

    2. If an adjustment to prepayment credits IS necessary, input/verify the appropriate entries in the Assessment window. Use PC 53 (CP 2501), PC 68 (CP 2000), PC 88 (Statutory Notice) or PC 94 (Default Statutory Notice) to close the case.

    3. If an adjustment to AGI and/or TXI ONLY is necessary (example: taxpayer agrees to unreported income that impacts the AGI, however due to negative TXI, the tax change is zero), input/verify the appropriate entries in the Assessment window. Issue the appropriate Correspondex letter to advise the taxpayer of the adjustment to AGI and/or TXI and use PC 52 (CP 2501), PC 71 (CP 2000) or PC 92 (Statutory Notice) to close the case.

      Note:

      Do not include AGI/TXI changes for amounts that the taxpayer has not agreed to. For example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Caution:

      Do not use IPC RN or SR to create the assessment record when the tax change is zero.

    Reminder:

    See IRM 4.19.3.20.4 (4) for further information when closing ELF or Form 1040EZ returns.

  10. If the recomputed net tax change is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ and the taxpayer or authorized representative acknowledges the existence of a remaining balance due/refund (e.g., submits a payment, a signed Form 1040X, requests a "bill" or "notice" , etc.) and;

    1. The recomputation is equal to or less than the payment amount (or the taxpayer did not submit a payment), access the Summary screen. Use Notice Indicator 7 or 8, as appropriate. Close case with IPC " RN" (Recomputation Notice) or IPC "SR" (Statutory Recomputation Notice).

      Exception:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. The recomputation is more than the payment amount, adjust the MISCELLANEOUS CREDITS field of the Non-Refundable Credits window (in Return Value) to arrive at the payment amount as the recomputed net tax change amount and close the case with IPC "RN" (CP 2000) or "SR" (Statutory Notice).

      Note:

      For CP 2501 responses, See IRM 4.19.3.20.6(6) d) Note for additional instructions.

  11. If there is a recomputed refund less than $1 and the taxpayer requests a refund, issue it using manual refund procedures in IRM 21.5.1, General Adjustments, IRM 21.4.4, Manual Refunds, and IRM 21.5.2, Adjustments Guidelines.

4.19.3.20.6.1  (02-13-2008)
Recomputation Notice/Supplemental Report

  1. Rework and input appropriate indicators to:

    • Recompute the tax when the taxpayer's response is partially agreed.

    • Correct an erroneous CP 2000 or Statutory Notice.

    • Obtain the taxpayer's signature, if the taxpayer agreed to the CP 2000 but failed to sign (a letter may also be sent for this purpose).

    • Send the taxpayer an "information only" notice.

    • Suppress the issuance of another CP 2000 when the taxpayer has partially agreed and provided revised figures.

  2. The system recomputes the tax, if required, based on changes input on applicable screens and windows. The interest updates and any payment submitted by the taxpayer is included on the recomputed notice. PARAGRAPH 87 ( See Exhibit 4.19.3-12.automatically generates when the payment posted as a TC 640. However; if the payment posted as a transaction code other than TC 640, send PARAGRAPH 87 ( See Exhibit 4.19.3-12). When the notice is complete, recalculate the Manual Interest if appropriate. See IRM 4.19.3.16.10 for further instructions.

    Caution:

    If there is an entry in the MANUAL INTEREST field on the Return Value screen or the Summary Screen, clear the field to allow for recomputation.

    Note:

    Enter the payment in the Return Value Screen or the Summary Screen when using IPC/PC MI, RN, SR, 57, 59, or 95. (N/A if using Notice Indicator 8).

    1. All screens and windows used in the initial analysis of the case are available to the response tax examiner.

    2. After the case is reworked and if the proposed Social Security Tax on Tips Penalty and/or FTF penalty still need to be partially or fully abated, select the Limit Penalties window. See IRM 4.19.3.16.8 for further instructions. See IRM 4.19.7, Limit Penalties window.

  3. When a condition exists that requires a recomputation notice:

    1. Input/verify the total of all payments credited towards the taxpayer's current AUR account received subsequent to our initial contact notice in the AMOUNT PREVIOUSLY PAID field on the Return Value or Summary Screen.

      Note:

      When the taxpayer's response indicates a payment was made, research Tax Account Screen or IDRS for payments previously made. Input/verify on Return Value or Summary Screen in the AMOUNT PREVIOUSLY PAID field, when issuing a recomputed or amended notice to the taxpayer.

    2. Input Amended Indicator A and Notice Indicators 0 - 8 in the appropriate INDICATOR field(s) on the Summary screen.

      Note:

      Do not use BOTH the Amended AND a Notice Indicator on a case unless the previous Process Code is 59 or 95.

      Input "A" in the AMENDED field for amended notices
      Notice Indicator 0 The 90-day period for petitioning the tax court has expired.
      Notice Indicator 1 The 90-day period for petitioning the tax court is not expired.
      Notice Indicator 2 A response to a CP 2501 was received.
      Notice Indicator 3 NO response to the CP 2501 was received.
      Notice Indicator 4 Information supplied by the taxpayer used to refigure the amount of tax he/she now owes IRS.
      Notice Indicator 5 The documentation or explanation that the taxpayer provided was not sufficient to allow waiving the Accuracy-Related Penalty Due to Negligence or Substantial Understatement of Tax.
      Notice Indicator 6 Although taxpayer indicated agreement to a previous CP 2000, he/she failed to sign the Consent to Tax Increase line on the notice.
      Notice Indicator 7 The taxpayer indicates partial agreement, sends information to refigure his/her tax, meets "agree criteria" and the notice is being sent for informational purposes ONLY.
      Notice Indicator 8 Used when the taxpayer partially agrees to the CP 2000,AND the non-refundable credit window is used to make the system match the taxpayers figures ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ This is the case where the taxpayer has agreed to some of the proposed items, explained the other discrepancies satisfactorily, and recomputed the figures on the CP 2000. Indicator 8 updates the recirculating file (for an automatic assessment) but does not generate or send a notice to the taxpayer.

    3. Use PC 57 when inputting Notice Indicator 2 or 3.

    4. Use PC 95 when inputting Notice Indicator 1.

    5. Use PC 59 when inputting Notice Indicator 4, 5 or 6.

    6. Use IPC SR when inputting Notice Indicator 0 (zero).

    7. Use IPC RN (SR if Statutory phase) when inputting Notice Indicator 7 or 8.

    Note:

    Notice Indicator "8" should only be used when the non-refundable credits window is used to make the AUR system match the taxpayer’s figures ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . In these situations a letter should be sent to the taxpayer confirming that we used the information/computation they provided to make the assessment to their account.

  4. Elements of IRs that were not sent on the original CP 2000 can be selected for inclusion on the recomputation notice. Mark the elements of additional IRs with Send Indicator "S" .

    Reminder:

    If an element of an IR is NOT to be included, the Send Indicator "S" must be removed.

  5. Review the notice PARAGRAPHs in the Summary Screen. Delete any PARAGRAPHs that no longer pertain to the recomputed notice (i.e.: the original issue requiring the PARAGRAPH has been resolved).

  6. If a decrease to the tax deficiency is necessary after a Statutory Notice was issued, issue a recomputed CP 2000 using PC 95 (if there is sufficient time left on the Statutory Notice suspense period). If there is not sufficient time:

    1. Input IPC SR and Notice Indicator 0 (zero); OR,

    2. Send an 1151C Letter to the taxpayer(s) and input IPC "8M" .

    Note:

    Issuance of a Statutory Notice does not extend the period for assessing FICA tax.

  7. If the taxpayer’s response indicates agreement to a tax increase that is more than the deficiency shown on the Statutory Notice and:

    1. The taxpayer does not provide the revised tax figures, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. The taxpayer does not provide the revised tax figures, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.20.11.1(2)

    3. The taxpayer supplies revised tax figures, See IRM 4.19.3.20.11 (14).

4.19.3.20.7  (09-01-2008)
Responses Needing Further Action

  1. AUR receives responses that require additional action before the case can be closed. Additional action may include:

    • Correspondence with the taxpayer via a letter or recomputation notice.

    • Correspondence with a payer.

    • Research.

    • Referral.

    • Routing of information, including non-IRP related inquiries.

    • Address updates.

    • Extension of the CP 2000 suspense period.

    • Telephone contact.

    • The case can be designated as an ARDI case (i.e., Proposed Adjustment of $100,000 or more).

  2. Tax examiners determine if further taxpayer contact would help to resolve the U/R issue. issue a letter or contact the taxpayer by telephone when:

    • A response indicates the taxpayer does not understand the notice.

    • The taxpayer requests further information regarding taxability.

    • Further contact will help resolve the U/R issue.

      Note:

      Document any telephone contacts in the Case Note or TP Info window.

  3. When the taxpayer requests an extension to respond to the notice, or indicates he/she will obtain information and send it later, take the following action(s):

    If Then
    The taxpayer requests an extension to respond to the CP 2501:
    1. Issue a CP 2000 with the following Special Paragraph: " Based on your request for an extension we have issued this notice which allows you additional time to respond."

    2. Input PC 57.

    The taxpayer requests an extension to respond to the CP 2000:
    1. Issue a 2626C Letter informing the taxpayer their request for an extension has been granted.

    2. Input IPC 6X.

    Note:

    DO NOT grant a subsequent extension, unless extenuating circumstances apply.

    The taxpayer requests an extension to respond to the Statutory Notice:
    1. Issue a 2626C Letter advising the taxpayer that the period of time to petition the US Tax Court cannot be extended.

    2. Input IPC 8L.

    Reminder:

    All Statutory Notice responses are worked on an expedite basis.

  4. If the taxpayer requests a copy of the tax return for the open AUR tax year, send a photocopy of the return to the taxpayer at no charge.

  5. If the taxpayer requests that we deduct the AUR balance due from their expected refund, issue an 1802C Letter (with paragraph U) if closing the case or a 2626C Letter (with paragraph "m" ) if the case cannot be closed. If issuing a recomputed notice, send PARAGRAPH 177 ( See Exhibit 4.19.3-12).

  6. If the taxpayer requests an explanation for the amount of time it took the IRS to notify them of the unreported income, issue a 2626C Letter , and include paragraph "J" . If issuing a recomputed notice, send PARAGRAPH 181 ( See Exhibit 4.19.3-12).

  7. If the taxpayer admits that the U/R income was reported in an incorrect tax year, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ If the taxpayer does not provide this information, take the following action:

    1. Inform him/her that the proposed tax assessment on the CP 2000 is correct. Send PARAGRAPH 89 ( See Exhibit 4.19.3-12).

    2. Obtain the taxpayer's signature (both signatures on a jointly filed return) if it was not on the previous correspondence. After receiving the signature(s), make the assessment and close the case.

    3. Advise the taxpayer to file Form 1040X to adjust the income claimed in the incorrect year.

  8. If the taxpayer states U/R income was reported, review the return and the Tax Account screen for applicable adjustments. If the income cannot be found, issue a 2626C Letter. Send the following special paragraph: "You indicated that the income in question was reported. However, we are unable to find this income on your return. Please indicate where on your return the income is reported, so that we can give you proper credit."

  9. If a non-IRP related inquiry is included with the response:

    1. Photocopy the inquiry and route to the appropriate function. Include the taxpayer's name, address, SSN, and the Received Date.

    2. Send an acknowledgment letter to the taxpayer.

  10. If an original current year return is attached to a response, route it to the appropriate area for processing.

  11. If the taxpayer requests a copy of Form(s) W-2, 1099 series, Schedule K-1 or other payer documents, advise him/her to request a duplicate copy from the payer. If issuing a recomputed notice, send PARAGRAPH 180 ( See Exhibit 4.19.3-12). Whenever possible, provide the taxpayer with the payer's name and address.

    Note:

    If the taxpayer states the income was not reported because they did not receive a W-2 or other income document, and a recomputed notice is being issued, ensure that PARAGRAPH 60 ( See Exhibit 4.19.3-12) is included on the notice. PARAGRAPH 60 automatically generates when the CP 2000 includes other PARAGRAPHs for Wages, or Interest. If issuing a Correspondex Letter, ensure the letter includes wording similar to PARAGRAPH 60.

  12. If the taxpayer indicates the U/R income was reported on Form 1065 (Partnership), Form 1120S (Small Business), or Form 1041 (Trust), check the return to see if the taxpayer reported income or a loss from these sources.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , if income or a loss (in any amount) is shown on Schedule E.

    2. If the taxpayer provides the name and/or the EIN of the business, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. If no income or loss is reported, or the name and/or EIN of the business is not provided, issue a 2626C Letter to request additional information.

  13. If the U/R issue is resolved, but the taxpayer states that another amount was not claimed, under-claimed, or overstated on the original return, and the taxpayer provides sufficient information , input/verify the appropriate entries on all applicable windows to make the adjustment. Use good judgement in determining if the taxpayer is entitled to this adjustment. If questionable issues are involved (i.e., increased exemptions, etc.) discuss with a manager to determine the action to be taken.

    Reminder:

    NOL carryback/carryforward cases are not worked by AUR.

  14. If the U/R issue is resolved, but the taxpayer states that another amount was not claimed, under-claimed, or overstated on the original return and the taxpayer does NOT provide sufficient information to make the adjustment, close the case. Issue an 1802C Letter to the taxpayer.

    1. Send the following special paragraph: " Form 1040X can be used to reduce the income you indicate was over stated on your original return. Form 1040X is enclosed for your convenience."

    2. Send the paragraph that encloses Form 1040X.

      Note:

      Be alert to Statutes of Limitations. See IRM 4.19.3.1.3.

  15. Taxpayers are no longer required to full pay the tax due before a request to change a filing status to married filing jointly is honored. Accounts Management makes the filing status change for taxpayers requesting a change to married filing jointly. Issue the appropriate letter informing the taxpayer that his/her case is being transferred.

    Caution:

    Be sure that all U/R issues have been answered by the taxpayer prior to transferring the case to Adjustments. If not, correspond with the taxpayer to resolve all U/R issues before sending the case to Accounts Management.

    1. If the taxpayer requests to change his/her filing status from married filing separately, single, or head of household to married filing jointly, close the case using PC 71 (CP 2000) or PC 92 (Stat), send the case file to Accounts Management, and issue an acknowledgment letter.

    2. If the taxpayer requests to change his/her filing status from Married Filing Joint to any other filing status after the due date of the return, disallow the request. Send the appropriate letter and include the following open paragraph: "Once you file a joint return, you may not change your filing status for that year after the due date of the return."

      Note:

      If the taxpayer states the return is invalid, See IRM 4.19.3.4.8.2.

    3. For all other filing status changes, Master File adjustments are necessary. CC:ENMOD must be updated on IDRS.

      Note:

      When the filing status is changed on the Return Value screen, the system uses the correct filing status to recompute the tax.

  16. If the taxpayer response states that we did not adjust the non-refundable carry forward credit(s), including Adoption Credit and:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Enter the revised amount(s) in the appropriate field(s) of the Non-Refundable Credit window. If adjusting the Adoption Credit, enter a "Y" in the CARRY FORWARD OVERRIDE field of the Adoption Credit window. This will allow for the recalculation of the Adoption Credit using the full amount of available qualifying expenses.

    2. Does not address the subsequent year carry forward credit issue, research the subsequent tax year (using IDRS CC:IMFOL ) for evidence that a Form 1040X was filed. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Does not address the subsequent year carry forward credit issue and there is no indication that the subsequent year return was amended or if the subsequent year tax return has not been filed, issue a 2626C Letter. Inform the taxpayer that we cannot adjust the allowable amount of credit until either the filed subsequent year tax return has been amended/corrected or a signed statement is received confirming that the carry forward credit records have been corrected.

  17. If the taxpayer replies the U/R income belongs to another person and does not provide the name OR the SSN of the recipient, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. Accept the taxpayer's explanation at face value if the U/R income in question ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ send an 2626C Letter to request the name and SSN of the person responsible for the income.

    3. If the taxpayer responds to the 2626C Letter and provides EITHER the name or the SSN of the other person, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. If the taxpayer responds to the 2626C Letter by stating that he/she is unable to furnish either the name or SSN of the person, issue a CP 2000 (CP 2501 phase), Statutory Notice (CP 2000 phase). If a Statutory Notice was issued, send the appropriate letter and send the following Special Paragraph: "We are unable to change the proposed adjustment to your income tax based on your explanation that the income belongs to another person unless the appropriate information is provided."

    5. If the taxpayer does not respond to the 2626C Letter , issue a CP 2000 (CP 2501 phase), a Statutory Notice (CP 2000 phase) or, if a Statutory Notice was issued, resuspend the case for the remaining time in the Statutory Notice suspense period.

    Caution:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.20.7(19) d. to prepare a Form 9409, IRS/SSA Wage Worksheet, unless the taxpayer has provided an SSA determination letter, on the Wage IR(s) in question.

  18. If the taxpayer disclaims knowledge of the income, follow third party contact per RRA 98 Section 3417 before issuing 2625C Letter. Complete and forward Form 12175, Third Party Contact Report Form, to the designated Third Party Coordinator. Issue 2625C Letter (paragraphs a, b, and c automatically generate) to the employer/payer for verification if all the following conditions are met:

    Note:

    DO NOT issue a 2625C Letter when the taxpayer disagrees with our proposal because he/she did not receive the Form W-2 or 1099. Inform the taxpayer that he/she is responsible for reporting all taxable income received.

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ AND

      Note:

      If the discrepancy is less than $1,000 See IRM 4.19.3.20.4.1 (4).

    • The IR was NOT TIN PERFECTED.

    Use the following instructions to issue the 2625C Letter.

    1. Research IDRS using Command Codes (CC) INOLE or ENMOD to obtain the employer/payer address.

      Note:

      If the payer address cannot be obtained, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. When research is complete, update the address for the employer/payer using the Update Address window with Address Type B1 – B9, as appropriate.

    3. Issue a 2625C Letter (paragraphs a, b, and c will automatically generate) to the employer/payer. Select applicable paragraphs to compose the body of the letter. Do not issue a 2625C Letter to the Social Security Administration.

    4. Issue an interim letter to the taxpayer. Select paragraphs that: acknowledge the taxpayer's response, identify the reason(s) the final response is delayed AND specify a contact date when we will provide the final response.

  19. Take the following actions when the employer/payer responds to the 2625C letter,

    1. If the information provided by the employer/payer indicates the income does not belong to the taxpayer, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . If the employer/payer indicates the same situation occurred in a subsequent year, attach a copy of the response from the employer/payer and the IR(s) to the subsequent year's return.

      Note:

      If the result is a no change closure, use normal no change PCs, not those designated for Stolen Identity.

    2. If the information provided by the employer/payer indicates that the income DOES belong to the taxpayer (the name and SSN on the IR is correct), issue a 2626C Letter to inform the taxpayer that the employer/payer verified the income for the taxpayer's name, address, and SSN.

      Note:

      If the taxpayer responds to the 2626C Letter and disagrees with the amount of income in question, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      If the taxpayer responds and still disclaims knowledge of or denies receipt of the income consider the issue(s) related to identity theft. See IRM 4.19.3.20.1.23 (2) - (6) for further instructions.

    3. If itcannot be determined that the income belongs to the taxpayer OR if the payer refuses to furnish the necessary information, AND the taxpayer disclaims knowledge of or denies receipt of the income ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . If the result is a no change closure, use normal no change PCs, not those designated for Stolen Identity.

    4. When deleting wage IRs, correct the taxpayer's records by preparing Form 9409, IRS/SSA Wage Worksheet (including full AUR contact information at the bottom of the Form). Mail Form 9409 to the Social Security Administration (SSA) at the following address:

      Social Security Administration
      Division of Earnings Record Operations
      300 N. Greene Street
      South Bldg., 3rd Flr., 3-T-17
      Baltimore, MD 21290

      Note:

      Form 9409 should ONLY be used for Wage IRs.

      Exception:

      Do not complete Form 9409 if the SSN has been TIN perfected or is an ITIN (begins with "9" ) as these will be rejected by SSA.

    Exception:

    Do not complete a Form 9409 if the employer indicates that the information has been corrected with SSA (Form W-2c).

  20. If the taxpayer replies that a payment was submitted , but there is no indication on the Tax Account screen that the payment was received and at least three weeks have passed since the IRS Received Date:

    1. Research the payment on IDRS. The payment may show as pending or unpostable. Research CC:TXMODA, IMFOLI, IMFOLP, or IMFOLT. If a joint return, also check the secondary SSN.

    2. If payment is found posted on another tax module (i.e. subsequent year) ensure the payment is transferred to the correct module.

    3. If no record of the payment is found, issue a 2626C Letter to request a copy of the front and back of the canceled check.

    4. When the TP replies with the copy of the front and back of the check, use the encoding on the check to determine where the payment has posted. The back of the check should display the following information Name Control or CK Digit, the DLN, the Transaction Code, the MFT Code, the EIN or SSN, the Tax Period and the Posting Date. See Document 6209, IRS Processing Codes and Information.

    Note:

    The Remittance Tracking Research (RTR) System provides 3 years of check images (from ISRP and Lockbox Bank processing sites) and may be used to research the payment.

  21. If the taxpayer wants to talk to (or have their case reviewed by) a manager, refer the case to a manager. The manager will attempt to resolve the issue(s) by telephone contact. If the telephone contact does not resolve the issue(s), see (22) a and b below for the next action to take.

    Note:

    See IRM 4.19.3.20.1.8 when the taxpayer wants the case sent to Appeals.

  22. If the taxpayer wants their case sent to their local Area Office, advise the taxpayer that their case cannot be transferred to the local Area Office. Attempt to resolve the issue(s) by telephone contact. If the telephone contact does not resolve the issue(s) and:

    Note:

    See IRM 4.19.3.20.1.8 when the taxpayer wants the case sent to Appeals.

    1. The Statutory Notice has not been issued: advise the taxpayer that they can request a hearing with an Appeals Officer.

      If Then
      The taxpayer agrees to request a hearing with an Appeals Officer:
      1. Inform the taxpayer to submit a request in writing (have them FAX the request if the taxpayer is agreeable to this).

      2. Upon receipt of the written request, follow the procedures in See IRM 4.19.3.20.1.8.

      3. Leave a Case Note documenting the phone contact and the taxpayer’s request for an Appeals hearing.

      The taxpayer does not agree to request a hearing with an Appeals Officer:
      1. Inform the taxpayer that a Statutory Notice of Deficiency will be issued via certified mail.

      2. Leave a Case Note documenting the phone contact (including if the taxpayer is uncooperative).

      3. If necessary, refile the case for the remainder of the CP 2000 Notice suspense period.

    2. The Statutory Notice has been issued: Issue a 2626C Letter to advise the taxpayer that they need to file a petition with the US Tax Court, following the instructions in the Statutory Notice they received. Remind the taxpayer that they must file their petition within the 90-day period. Also inform the taxpayer that as part of the petitioning process their case will be reviewed by the Appeals Office. If necessary, refile the case for the remainder of the Statutory Notice suspense period.

      Note:

      If less than 30 days remain on the 90-day period, the tax examiner must attempt to contact the taxpayer by telephone to advise him/her that their request has been denied. Leave a Case Note documenting the contact.

4.19.3.20.7.1  (11-08-2005)
Prior and/or Subsequent Year Impact

  1. If the taxpayer’s response indicates that the same error of income omission was made on a subsequent and/or prior tax year:

    1. Process the AUR issue(s) per normal procedures.

    2. Send the appropriate letter and inform the taxpayer to file a Form 1040X to include the omitted income in the affected tax year.

  2. If the taxpayer’s response includes acceptable explanations for some or all of the AUR issues AND indicates that the same erroneous payer information will occur in the subsequent year, take the following action:

    1. Leave a Case Note explaining that a copy of the taxpayer’s response was sent to be associated with the subsequent year tax return.

    2. Advise the taxpayer that a copy of his/her response has been forwarded to be associated with his/her subsequent year’s tax return.

    3. Research IDRS for the subsequent year tax return DLN in order to forward a photocopy of the response to the Campus Files Function.

    Caution:

    If the subsequent year tax return was Electronically filed (ELF), there is no paper return stored in the Campus Files function to associate the photocopied response. Use IDRS to post a TC 290-0 in a "05" blocking series. Do not use an attachment or association form.

    Note:

    If there is an indication that the subsequent year’s tax return has not yet been filed, correspond with the taxpayer and advise them to include a copy of their explanation/documentation with their tax return.

4.19.3.20.8  (09-01-2008)
Correspondence

  1. When taxpayer responses require additional correspondence, use Create Correspondence Letter screen to select the appropriate letter and applicable paragraphs. See IRM 4.19.7, Create Correspondence Letter screen, for more information. If none of the pattern paragraphs are applicable, use an Open Paragraph. See IRM 4.19.3.20.7 for situations that require additional correspondence to be sent.

    Note:

    Review Open Paragraphs before mailing.

  2. When correspondence includes the name of a specific contact person, use the name of an actual IRS employee unless procedures allow for the use of a registered pseudonym as described in IRM 21.3.3, Incoming and Outgoing Correspondence/Letters. This also applies to the signature on all correspondence.

  3. If subsequent correspondence (other than a Recomputed Notice or Supplemental Report) on a response case requires a reply from the taxpayer, payer, or employer, use the applicable IPC to issue the letter and move the case into a suspense batch. See Exhibit 4.19.3-4, Internal Process Codes for more information about IPCs.

    Caution:

    Certain conditions (i.e., misplaced paragraphs, invalid money amounts, etc.) may cause letters to reject.

  4. There are some situations where it is necessary to issue a letter to the taxpayer and take another action on the case at the same time.

    1. Input the Process Code or IPC of the subsequent action. DO NOT input the IPC of the letter.

    2. Miscellaneous letter information uploads daily to generate the appropriate IDRS letter after the batch is disassembled.

      Note:

      Miscellaneous letters are generated for cases that remain in Unit Research Suspense (BT 42, 62, and 77).

    3. The letter displays the case sequence number (CSN).

    4. Clerks file cases in the appropriate suspense file based on the PC input by the tax examiner.

    5. See Exhibit 4.19.3-6, AUR Process Code Action Chart, for a list of the appropriate PC/IPC and See Exhibit 4.19.3-7, AUR Process Code Consistency Chart.

      Note:

      Format and commit the letter screen before you exit the window or the letter will not generate. The system will NOT automatically delete a letter if the Process Code is changed (e.g., if a tax examiner inputs a 2893C Letter with PC 20 then decides to do a PC 55 to issue a Notice, the tax examiner must DELETE the letter first).

  5. If the information provided by the taxpayer does not justify a change in the tax deficiency, and it is necessary to send an appropriate letter for further information, always send the Consent paragraph for a CP 2000 or a Statutory Notice.

    Note:

    If a Statutory Notice was issued and a letter sent, suspend the case for the remainder of the 90-day period. If the necessary information is not present at the end of the 90-day period (150 days for notices mailed outside the United States), plus 15 additional days, the tax deficiency is assessed by default.

  6. A letter sent to a taxpayer requesting information should have the following paragraphs, as applicable, in addition to other paragraphs sent for a specific condition:

    1. Send a paragraph that informs the taxpayer a response is needed within 30 days.

      Exception:

      The system inputs a date which is 30 days later than the letter date when a selected paragraph asks for this type of response (or 45 days for foreign addresses). If fewer than 30 days remain on a Statutory Notice, advise the taxpayer that he/she has fewer than 30 days to respond.

    2. Send a paragraph requesting the taxpayer's telephone number and the most convenient time to call.

    3. If a payment was submitted, send a paragraph acknowledging the payment.

    4. If the taxpayer submitted a request for a payment plan, send a paragraph informing the taxpayer his/her request was forwarded to the proper department and a fee may be charged for processing the request.

      Note:

      Leave Case Note stating that payment plan request was forwarded to proper department.

    5. When a response from the taxpayer is required, send a paragraph stating a return envelope is enclosed.

    6. When a Statutory Notice was issued, send a paragraph to inform the taxpayer whether the 90-day period to petition the Tax Court has expired.

      Note:

      Refer to IRM 21.3.3, Incoming and Outgoing Correspondence/Letters, for further information on taxpayer correspondence.

  7. When it is necessary to send the taxpayer a letter that is not one of the AUR online letters, there are locally designated letters, Campus (SC), IDRS, or a combination of both SC and IDRS, which may be used. These will be considered "manual" letters.

    Note:

    Use these manual letters on an exception basis only.

    Caution:

    The 1151C Letter does not update the balance due amounts in the AUR tables, and the AUR system does not monitor this type of case for special handling during the No Response processing of 30 days. For these reasons, use Recomputed Notices for this type of case.

  8. If additional correspondence is required after the Statutory Notice was issued, make every effort to correspond with the taxpayer before the statutory period expires to allow the taxpayer enough time if he/she decides to petition the Tax Court. Send a special paragraph to inform the taxpayer that the subsequent correspondence does not extend the statutory period. Chief Counsel suggests the following wording:

    "We received the information that you sent following the receipt of the Notice of Deficiency we mailed you. Please be advised that this correspondence and reconsideration has not extended the period within which you must file a petition with the United States Tax Court, if you decide to do so."

4.19.3.20.9  (09-01-2008)
Disagreed Responses

  1. A response is disagreed when:

    1. The taxpayer clearly does not agree with at least some part of the adjustment (excluding interest) and does not provide an acceptable explanation.

    2. The taxpayer makes any comment that he/she does not intend to waive his/her appeal rights, even if the Consent to Tax Increase on the CP 2000 or the Waiver on the Statutory Notice is signed, or the tax and all penalties (except for ES Penalty, FICA Tax and/or Penalty on Tips, and Employee's share of FICA tax) have been fully paid.

    3. The taxpayer submits full payment after issuance of the Statutory Notice and the necessary signature(s) are not present. Issue a 2626C Letter to acknowledge payment and request missing signature(s).

  2. Photocopies of the following types of responses should be sent to the Frivolous Return Program in Ogden (continue normal processing):

    • CONSTITUTIONAL BASIS - Refusal to provide requested information because of violation of constitutional rights, including Porth-Daley type returns, Fourth Amendment, Fifth Amendment, or Sixteenth Amendment basis.

    • FAIR MARKET VALUE - Taxpayer reduced gross income because of the declining value of the dollar.

    • GOLD/SILVER STANDARD - Taxpayer stated that only gold or silver currency can be taxed.

    • NONPAYMENT - Taxpayer did not pay or underpaid because of belief based on reasoning other than accuracy of findings.

    • VOW OF POVERTY - Taxpayer received income from non-religious sources and declares that it is nontaxable because of vow of poverty (also referred to as mail order ministry).

    • DISAGREEMENT LETTER - Taxpayer disagrees with the use of taxes for war, defense, welfare, etc., and indicates that this will affect reporting and payment of taxes.

    • FAMILY ESTATE - Showed that income was reported on Form 1041 filed for a family, equity, pure, prime, or constitutional trust and provides the name or SSN of the actual recipient.

    Additional items from the Frivolous Return Program web site:

    • REPARATIONS - AFRICAN-AMERICANS GET A SPECIAL TAX REFUND

    • NO TAXES BEING WITHHELD FROM YOUR WAGES

    • I DON'T PAY TAXES, WHY SHOULD YOU?

    • PAY THE TAX, THEN GET THE PRIZE

    • UNTAX YOURSELF

    • SOCIAL SECURITY TAX SCHEME

    • I CAN GET YOU A BIG REFUND - FOR A FEE

    • SHARE/BORROW EITC DEPENDENTS

    • PUT MONEY IN A TRUST AND NEVER PAY TAXES AGAIN

    • IRS "AGENT" COMES TO YOUR HOME TO COLLECT

    • HOME BASED BUSINESS

    • CLAIM DISABLED ACCESS CREDIT FOR PAY PHONES

    • CLAIM OF RIGHT, includes IRC 1341-"Compensation for personal labor" and IRC 1001

    • IRC SECTION 1341.

    For a full list of recognized frivolous arguments, see IRM 4.10.12.

  3. A frivolous return or response is defined as noncompliance with filing and/or paying tax based on unfounded legal or constitutional arguments per IRM 4.10.12. Objecting to paying interest/penalty, being upset because he/she was not notified sooner, using off-color language, etc., are not frivolous and should be handled with a normal reply to the taxpayer. If in doubt about whether the return and/or response is frivolous, consult with your lead or manager. If it is determined that the return or response is frivolous, refer a photocopy of the return and/or response to the Frivolous Tax Team in Ogden and continue normal processing.

4.19.3.20.10  (09-01-2008)
Assessments

  1. Automatic adjustment processing was expanded to include most assessments made by the tax examiner. Tax examiners have the capability of generating an auto assessment by either entering an assessment Process Code or completing the assessment screen.

  2. The manual assessment document is not required on the majority of assessments, but is available to the tax examiner if necessary.

  3. The AUR system automatically creates an assessment record on all cases up until a locally determined date but no later than January 8, 2011, for CP 2000 cases or May 7, 2011, for Statutory Notice cases. Information is uploaded by AUR to IDRS on tape.

  4. AUR uploads the transaction codes, reference numbers, and other data items necessary for an automatic assessment for PC 67, 87, 90 and 91-93. The tax examiner verifies and/or inputs the necessary items on the Assessment window to create an automatic assessment for the following Process Codes, when necessary:

    • PC 15

    • PC 20

    • PC 35-39

    • PC 44, 46,47 and 48

    • PC 51-53

    • PC 62-66

    • PC 68-71

    • PC 73-75

    • PC 77

    • PC 80

    • PC 82-86

    • PC 88

    • PC 89

    • PC 94

    • PC 95

    Note:

    PCs 15, 39, 47, 51, 52, 69, 70, 71, 73, 89, 91, 92 and 93 automatically generate a TC 290-0 for ELF or 1040EZ returns. If there is no information (loose forms, schedules or correspondence), to be associated with the refile DLN, enter "N" in the SOURCE DOC field in the Process Code window.

  5. After January 9, 2011, for CP 2000 cases or May 8, 2011, for Statutory Notice cases, or the locally determined date, ALL assessments must be input via IDRS. Use the AUTO/MANUAL box on the Assessment window to initiate printing of the assessment document.

  6. On the AUR system, the Tax Account screen updates weekly with all the new transactions posted to the module at Master File (IDRS pending transactions do not display.) Prior to selecting the Assessment window, refer to IRS Processing Codes and Information, Document 6209 for freeze codes that appear on the Tax Account screen.

  7. If the Tax Account screen shows a -L Freeze and an open TC 424 (no open 420), input the adjustment with TC 29X, Priority Code 1.

  8. If the Tax account screen shows a -L Freeze and an open TC 420, check for a Case Note indicating prior contact with Exam. Take the following actions based on the results:

    1. If a Case Note is present indicating Exam does not want the case, continue processing and input the assessment with Priority Code 1.

    2. If there is no indication of prior contact with Exam, See IRM 4.19.3.3.3.2(3) to make the necessary Exam contact before inputting the assessment.

    Note:

    Always use Priority Code 1 when inputting an assessment and the case contains a -L Freeze code and open TC 420.

  9. If the Tax Account screen shows a -I Freeze, TC 29X must be input with a TC 34X to prevent an unpostable condition. Refer to IRM 20.2, Interest, for Manual Interest computation.

  10. Prior to the input of a refund adjustment, when there is an indication that the TP is deceased refer to IRM 21.5.1, General Adjustments and IRM 21.4.4, Manual Refunds, for manual refund procedures.

4.19.3.20.10.1  (09-01-2008)
The Assessment Window

  1. When responses are closed with a PC 53, PC 68, PC 88, or PC 94, use the Assessment window to input the adjustment. When the Assessment window is committed an assessment record generates and posts to IDRS when the batch is disassembled.

    Note:

    Do not commit the Assessment window unless there is a valid assessment to be made.

  2. If the Assessment window was committed and it is subsequently determined that an assessment is not necessary at this time, delete the assessment to prevent the assessment from posting. To delete an assessment record:

    1. Use the Delete Record sequence to delete any applicable enterable field in the Assessment window.

    2. Commit the window and Exit.

  3. Adjustment data pertaining to the case displays upon entry into the Assessment window. The REASON CD, SOURCE DOCUMENT ATTACHED, and REMARKS fields are the only fields required for input by the tax examiner. Before a window is allowed to be committed, the system verifies that these fields and any other required fields have valid entries.

    Caution:

    Verify the entry in the RECEIVED DATE field of the Assessment window.

  4. BLOCKING NUM - The blocking series of the adjustment. For AUR adjustments, the following blocking series display:

    1. Blocking Series 5X for CP 2000 responses that are both TIMELY (within 30 days of the notice date) and FULL PAID (in their entirety) and for TC 291 (tax decrease).

    2. Blocking Series 55 for CP 2501 responses or CP 2000 responses that are OTHER THAN FULL PAID.

    3. Blocking Series 6X for Statutory Notice responses that are FULL PAID. A full payment is equal to or more than the balance due on the CP 2000.

    4. Blocking Series 65 for Statutory Notice responses that are OTHER THAN FULL PAID.

    5. The system uses Blocking Series 05 for pre-Stat no change closures for ELF and Form 1040EZ returns to file correspondence in Document Retention.

  5. CORRESP DT - This date is required on all AUR assessments when the taxpayer has submitted a response. Input using the following priority:

    1. The date the taxpayer entered on his/her most recent correspondence.

    2. Envelope postmark date.

    3. Three days prior to the IRS Received Date.

    4. Current date.

    Note:

    In subsequent notices to the taxpayer, provide the date of the correspondence that was used for the assessment.

  6. DB INT TO DT - Debit Interest to Date is the date Manual Interest was computed to on TC 34X cases. It is a required field when a TC 340 or 341 is input on the Assessment window.

  7. IRS RECEIVED DT - The IRS Received Date is required on all AUR assessments resulting from taxpayer correspondence and displays in the IRS RECD DATE field. If it is necessary to enter the IRS received date, determine the date using the following priority:

    1. Received date stamped on correspondence.

    2. Envelope postmark date.

    3. Signature date.

    4. Current date.

  8. CREDIT INTEREST DATE (Agreement) - The taxpayer is entitled to an interest-free period if IRS fails to generate a Master File Settlement Notice to him/her within 30 days after filing a waiver of restrictions on assessment. This interest free period begins on the 31st day after the IRS Received Date and continues until the date of the notice and demand for payment (i.e., the date an assessment is made or 23C date). The agreement date assures that any computer generated interest on a subsequent notice to the taxpayer takes into account this interest free period if applicable. If it is necessary to input the agreement date, use the priority for determination of dates listed in (7) above. Use the following criteria to determine if an agreement date is necessary:

    1. Verify the correct agreement date is present in the Assessment window on all other than full paid agreed assessments . Ensure that the CREDIT INTEREST DATE field is blank if the case is being assessed by Default (For example, PC 94).

    2. Verify that the CREDIT INTEREST DATE field is blank on fully paid assessments; interest stops automatically at the date of the payment. This applies whether the payment was timely or not. Full paid is defined as payment for tax, penalty, and interest.

    3. Verify that the CREDIT INTEREST DATE field is blank on tax decrease cases.

    4. Verify that the CREDIT INTEREST DATE field is blank on W/H and/or SST adjustments with a TC 290-0 (zero).

    5. Verify the CREDIT INTEREST DATE is blank when inputting a TC 290-.00 on a pre-Stat No Change ELF or Form 1040EZ closure to file correspondence in Document Retention. This prevents an unpostable condition.

  9. REFUND STATUTE CONTROL DATE (RFSCDT) - This field helps identify cases with an expired Refund Statute Expiration Date (RSED) based on the time that has elapsed since the filing of the tax return (3 year period of limitation). The field will not display on the Assessment window since cases with this condition cannot be worked on AUR. However, if the condition exists, a warning message will display. If the message displays, place the case in unit suspense and refer to IRM 2.4, Introduction to IDRS Terminal Input, for processing instructions.

  10. OVERRIDE CD - An Override Code of "R" displays when the IRS Received Date is over one year old.

  11. TRANSACTION CODES - Transaction codes display in the TRANS CODE field as applicable. The corresponding transaction amount displays in the TRANS AMT field.

    1. TC 290/291 - Adjusts the tax.

    2. TC 170/171 - Adjusts the ES Penalty when a penalty was previously assessed and there is a change to W/H.

    3. TC 160/161 - Adjusts the Failure to File.

      Note:

      When the Failure to File is being reversed with a TC 161, access the Tax Account screen. Add all the displayed TC 16Xs together and compare this total with the TC 161 on the Assessment window. If the TC 161 is more than the total from the Tax Account, change the TC 161 to reflect the total from the Tax Account window. This action is needed because of rounding discrepancies and will prevent an unpostable condition.

    4. TC 310 - Assesses the SS Tip Penalty. In order to post this penalty, a Reference Code 891/892 with an amount must be input. Leave an action trail indicating the SS Tip Penalty has been assessed.

    5. TC 766 (with Credit Reference Number 252) - Adjusts Excess SST/RRT.

    6. TC 766/767 (with Credit Reference Number 336) - Adjusts the Additional Child Tax Credit.

  12. SRCE CD - These codes are used with TC 29X adjustments and display in the SRCE CD field. The Source Codes choose the statement which appear on the taxpayer's adjustment, with the Reason Code completing the statement. See Document 6209 for a complete list of Source Codes.

    Note:

    Use Source Code "9" on Default cases where no response was received.

  13. REASON CODES - At least one reason code is required unless the only transaction code input is a TC 290 for zero amount and no reference numbers are present. Up to three Reason Codes may be used. The Reason Code(s) determine the explanation that prints on the adjustment notice. For valid codes see Document 6209 for valid codes.

  14. HOLD CD - Use Hold Codes with TC 29X adjustments to prevent or delay the issuance of a refund and/or notice. See Document 6209 for a list of valid codes.

  15. PRIORITY CD - Priority Codes display in the PRIORITY CD field and are used to post adjustments to the Master File when certain module conditions exist. Failure to use the Priority Code when specified cause the transactions to unpost.

    1. Use Priority Code 1 when there is an -L freeze. See IRM 4.19.3.3.3.2 for further instructions. Adjustments with no tax increase/decrease (TC 290-0) do not require Priority Code 1.

    2. Use Priority Code 3 when issuing a refund.

      Exception:

      Do not use Priority Code 3 when refunding a payment.

    3. Priority Code 8 is system generated when there is an increase to EIC (TC 764/768 is present on the Tax Account screen).

    4. Priority Code 8 automatically generates when there is a change to W/H credits and/or Excess SST credits and a TC 170/171 is present on the Tax Account screen, but no adjustment to the ES Penalty (TC 170/171) is necessary.

    5. Priority Code 8 must be input when an AUR tax increase/decrease is within $10 of a previous TC 290/291 adjustment.

  16. FLC - The File Location Code identifies the District Code for DLN purposes on foreign returns being assessed. Valid codes are 66 for Puerto Rico returns and 98 for Office of International Operations (OIO) returns. This must be input in the FLC field when applicable. Otherwise, leave this field blank.

  17. REFERENCE CD - The following Credit Reference Numbers display in the REFERENCE CODE field as applicable. The corresponding adjustment amount displays in the REFERENCE AMOUNT field.

    Note:

    If more than eight (8) Reference Codes are necessary, refer to your lead or technical adviser.

  18. - 680- Assesses the Accuracy-Related Penalty (imposed for Negligence or Disregard of Rules or Regulations, or Substantial Understatement). The computer generates a TC 240. If the Assessment window is used to input an adjustment, the 680 will not display correctly on: CP 2501 responses, partially agreed CP 2000 responses, and 1151C responses. In these cases, manually enter or correct the displayed 680 amount. Consider the following information when entering/verifying the 680 amounts on the Assessment window:

    1. The correct negligence penalty displays in the MANUAL NEGLIGENCE PENALTY field on the Limit Penalty window. Compare this amount with the 680 amount on the Assessment window and correct the 680 amount if necessary. If the 680 is not present, use INSERT RECORD to add the 680 and corresponding amount.

    2. Refer to See IRM 4.19.3.16.5. to determine if the Substantial Understatement penalty still applies. If applicable, manually compute the Substantial Understatement penalty by multiplying the NET CHANGE field in Return Value by 20%. Correct the 680 amount if necessary. If the 680 is not present, use INSERT RECORD to add the 680 and corresponding amount. If the penalty no longer applies, use DELETE RECORD to delete the 680 and the corresponding amount. If both the Negligence and the Substantial Understatement penalties apply to a given underpayment, only one 20% penalty may be imposed.

  19. 764/765 - Adjusts EIC.

  20. 806/807 - Adjusts W/H.

  21. 885 - Adjusts AEIC.

    Caution:

    Ensure the AUR system includes the AEIC adjustment.

  22. 886 - Adjusts taxable income (TXI).

    1. If the adjustment is a decrease, the taxable income cannot be adjusted to less than zero (0). The module shows the TXI as zero (0) even if the taxpayer's TXI on the return is a negative amount.

    2. If the adjustment is an increase which will change a zero (0) or negative taxable income per return, the 886 amount is the amount of the new corrected taxable income.

      Note:

      An 886 entry is not necessary if the TXI remains zero (0) or negative.

  23. 878 - Adjusts self-employment income for the primary taxpayer.

  24. 879 - Adjusts self-employment income for the secondary taxpayer.

  25. 887 - Adjusts the number of exemptions claimed on the original return. When the EXEMPTIONS NOW field reflects a change from the EXEMPTIONS PER RETURN field in the Return Value screen, the system will automatically enter the 887 change in the Assessment screen.

  26. 888- Adjusts the Adjusted Gross Income (AGI).

    Note:

    Do not adjust the AGI if the taxpayer responds that a lump-sum distribution qualifies for the Special 5/10 Year Averaging Method on Form 4972 and there is no other U/R issue which changes the TXI.

  27. 889 - Adjusts self-employment tax.

    Note:

    Reference Number 878/879 and/or 895/896 must ALWAYS be used in conjunction with Reference Number 889.

  28. 891 - Adjusts the primary allocated tip income.

  29. 892 - Adjusts the secondary allocated tip income.

  30. 895 - Adjusts the primary Medicare income.

  31. 896 — Adjusts the secondary Medicare income.

  32. 898 - Adjusts the primary Medicare tip income.

  33. 899 - Adjusts the secondary Medicare tip income.

  34. SOURCE DOCUMENT ATTACHED?- This is a required field and is used to inform the Campus Files function when an assessment(s) with a source document (tax return, correspondence, etc.) is routed there for attachment of Form 5147. Valid entries for this field are:

    • Y - Source Document attached.

    • N - No Source Document attached.

  35. REMARKS- This is a required field input by the tax examiner. Use it to leave an action trail concerning the adjustment.

  36. AUTO/MANUAL IND - Use this field when the assessment must be manually input to IDRS. Clicking in this field causes the assessment document to print for the clerical function. This field is required after January 8, 2011 for CP 2000s and May 7, 2011 for Statutory Notices

  37. Verify that all fields in the Assessment window are correct before committing the window. This ensures an accurate adjustment to the taxpayer's account.

  38. If a field (such as TRANSACTION, CODE/AMOUNT or REFERENCE CODE/AMOUNT) contains an entry that must be changed or deleted:

    1. Place the cursor in the field of the change.

    2. Use the [F3] (Delete Record) key to delete a TC and/or amount or a Ref Code.

    3. Use the [F5] (Clear Field) key to delete any other fields in the Assessment Screen.

    4. Input the appropriate entry or leave blank.

      Note:

      Do NOT use the Clear Field key to remove the entry.

    5. Commit the screen.

      Caution:

      Accessing the Assessment window after you have committed and exited, deletes any changes and restores the original figures.

  39. To enter a new Transaction Code/Amount or Reference Code/Amount in a field that does not already contain an entry:

    1. Place the cursor in the last TRANS CODE or REFERENCE CD field which contains an entry.

    2. Use the INSERT RECORD function. The cursor moves to the next blank field.

    3. Input new Transaction/Reference Code and Amount.

    4. Commit the screen.

      Caution:

      Accessing the Assessment window after you have committed and exited, will delete any changes and restore the original figures.

  40. After the assessment process code posts, a history of the assessment can be viewed by accessing the Case History screen and clicking on the date of the assessment. See IRM 4.19.7, Case History screen and Assessment History screen.

  41. If a case is being closed No Change and an adjustment to prepayment credits is necessary, See IRM 4.19.3.20.6(8)b.

4.19.3.20.11  (11-29-2006)
Instructions Specific to Statutory Notices/Responses

  1. Before generating a Statutory Notice, the system automatically checks for posted payments, proper splitting of the primary and secondary taxpayers' names, and address changes on all No Response cases. HOWEVER, it does not check for payments on Disagreed cases. Prior to entering a process code to generate a Statutory Notice on a Disagreed CP 2000 case, follow instructions in See IRM 4.19.3.20.7. Also look for payments that were made for issues other than the AUR case. See IRM 4.19.7, Assessment window (Responses).

  2. A Statutory Notice of Deficiency includes the following:

    1. A "banner page" per RRA '98 explaining that a copy of the notice is issued to each person on a jointly filed return.

    2. Letter 3219, Notice of Deficiency, which explains how and when to file a petition with Tax Court.

    3. Form 5564, Notice of Deficiency - Waiver, which is the consent to assess and collect.

    4. A partial reprint of the most recent CP 2000.

    5. Publication 3498, The Examination Process.

    6. Form 9465, Installment Agreement Request.

  3. If the taxpayer's account was in BALANCE DUE STATUS prior to the CP 2000 and the BLOCKING SERIES of the payment is other than 300-399, assume the payment is NOT related to the proposed U/R assessment.

  4. Input PC 75 (PC 77 if STN90 is required) and issue a Statutory Notice.

    Note:

    Although there are no enclosures for the Statutory Notice of Deficiency, a copy of the tax computation, generally the CP 2000, must be attached.

  5. In order to insure proper tracking of the taxpayer's account, PC 75 or PC 77 must be posted.

  6. RRA '98, IRC Section 3201(d), a non-code provision, requires for a joint return that the IRS to issue a copy of the Statutory Notice of Deficiency to the primary and secondary taxpayer residing at the same address under separate cover letters. Each will have a Certified number.

  7. The AUR system will be able to split the majority of all Filing Status Code "2" name lines. Whenever the AUR system cannot confidently split the primary and secondary taxpayers, the system will alert the tax examiner to review the split before a Statutory Notice of Deficiency can be generated.

  8. The Update Address window contains the following fields, PRIMARY STAT NAME, SECONDARY STAT NAME and SPLIT CODE. The SPLIT CODES and their meanings are as follows:

    • C - Auto Confident - System confidently split names and does not require review before Statutory Notice of Deficiency is generated

    • D - Taxpayer deceased - Does not require review before Statutory Notice of Deficiency is generated

    • A - Auto - System unable to confidently split names. Tax examiner review is required before the Statutory Notice of Deficiency is generated

    • M - Manual - Tax examiner split Filing Status Code "2" into PRIMARY STAT NAME and SECONDARY STAT NAME.

  9. When PC 75 is entered and the SPLIT CODE is "A" , the UPDATE ADDRESS window will display how the system split the name line.

    1. The tax examiner must review the information, making any necessary changes, and enter SPLIT CODE "M" (manual).

    2. If the tax examiner is updating the FIRST NAME LINE adding "DECD" , the system will require the tax examiner to enter SPLIT CODE "D"

  10. When it is necessary to close a case without posting a TC 290-0 (e.g., transfer to another function), use Process Code 96. Annotate routing instructions for the Clerical Function on the case folder.

  11. After a Statutory Notice PC 75 is assigned it can be stopped no later than two Fridays before the notice date. Cases with PC 75 are automatically stopped and PC 79 is automatically generated when the cases are added to the Stop Notice tape. However, Statutory Notices generated by PC 77 do not have a bar code and must be pulled manually. Notify the Clerical Function about PC 77 Stop Notices.

  12. To "stop" Statutory Notices from being mailed, use the following instructions:

    1. Select the Stop Notice option and add the SSN to the list. The system posts a C (Notice not generated) or D (Deleted - Notice stopped before it was generated) and the PC will not display in the Case History.

    2. The system generates a PC 79 and rebatches the case to BT 65 (CP 2000 Unit Suspense).

      Note:

      If the SSN cannot be added to the Stop Notice List, the PC will not update.

  13. When a response is received after the Statutory Notice generates, but before it is mailed, the Clerical Function builds the case into BT 58 (Late CP 2000 Response/Statutory Notice Generated). The system generates PC 79. Process the response per CP 2000 response procedures.

    1. If the SSN is not entered in time to stop the Statutory Notice mailout, the case cannot be built into BT 58 because it cannot be added to the Stop Notice List. Clerical will build these cases to a Statutory Notice response batch.

    2. When working BT 58, it may be determined that the Statutory Notice should be mailed. The AUR Coordinator can delete PC 79, if the SSN is entered in time to stop the notice.

  14. When the taxpayer response includes a signed Form 1040X/Amended return or a signed computation including the amount of tax (facsimile), that is more than the tax increase per the Statutory Notice, review the Tax account screen to determine if the adjustment has already posted. If it has not posted:

    1. Math verify the taxpayer’s figures

    2. Ensure all AUR issues are addressed

    3. Update the Assessment window per the Form 1040X/Amended return or facsimile

    4. Close the case with PC 88.

    Note:

    If the Form 1040X has posted AND all AUR issues are included – close the case with a "no change" process code that does not generate an automatic closure letter.

  15. After a Statutory Notice is mailed it may be necessary to rescind the notice. See IRM 4.19.3.20.11.1 for further information.

  16. Consider the Assessment Statute Expiration Date (ASED) before inputting U/R transactions. If the ASED is greater than ninety (90) days, the statute is not imminent. Process the case using normal procedures.

  17. If the ASED is ninety (90) days or less, the statute is imminent. An AUR assessment SHOULD NOT be made using normal procedures. Follow the instructions below to process a case.

    1. Recompute the ASED and input the TC 560 using Command Code (CC) REQ77. The ASED for most AUR cases is April 15th.

    2. If TC 560 is not input, an Unpostable Code 178 will result.

    3. If TC 560 is not input to extend the ASED, prepare the case for a manual assessment and route to Statutes and Accounting.

    4. Enter TC 560 on IDRS CC:REQ77 in Blocking Series 700. Up to one hundred (100) cases may be input daily with TC 560. An unpostable condition occurs when more than one hundred (100) TC 560 transactions are input daily.

    5. TC 560 cannot be input during the CP 2000 phase to extend the assessment input date. TC 560 is for Statutory Notice assessments only.

      Note:

      Do not input a TC 560 on the same IDRS cycle that a TC 290 is input. If the TC 560 does not post, the TC 290 will not post which may result in a barred assessment.

  18. For a Statutory Notice with a subsequent agreement received prior to expiration of the 90 days, the assessment period is extended for the number of days the Statutory Notice was outstanding (from the issue date to the taxpayer reply date), ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

4.19.3.20.11.1  (09-01-2007)
Rescinding Statutory Notices

  1. After a Statutory Notice is mailed, it may be necessary to rescind the notice. The taxpayer or the IRS may initiate rescission of a Statutory Notice. The decision to rescind is discretionary on the part of the IRS, is made on a case-by-case basis and requires the taxpayer's written consent. AUR tax examiners will NOT rescind Statutory Notices without prior managerial approval confirmed in a Case Note. When a taxpayer requests the rescission of a Statutory Notice, the first step is to attempt taxpayer contact to resolve the taxpayer's concern/issue.

  2. Per Revenue Procedure 98-54, 1998-2 C. B. 531, a rescission may be agreed to if:

    1. The notice was issued as a result of an administrative error (to the wrong taxpayer, for the wrong tax period or without considering a properly executed Form 872, Consent to Extend the Time to Assess Tax, or Form 872-A).

      Note:

      If the Statutory Notice was issued for the wrong taxpayer or wrong tax period, close the case with the applicable No-Change process code.

    2. The taxpayer submits information establishing the actual tax due is less than the amount shown in the notice.

      Note:

      Issue a Recomputed notice for the lesser amount.

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ to the Statutory Notice deficiency. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , leave a Case Note and process the case on the original deficiency.

    3. The taxpayer requests a conference with Appeals (for the purpose of entering into settlement negotiations - as determined by Appeals) and the case will be received in Appeals with at least 180 days remaining on the statute of limitations.

      Note:

      If there is less than 180 days remaining on the statute of limitations a recission may be agreed to if the Appeals Office also agrees with the decision to rescind.

  3. Per Revenue Procedure 98-54, 1998-2 C. B. 531, a rescission will not be considered when:

    1. On the date of the rescission, 90 days or less remain before the expiration date of the period of limitations on assessment; however, a notice of deficiency may be rescinded in these circumstances if, before rescission, the taxpayer and the Service execute a consent to extend the period of limitations on Form 872 or Form 872-A;

    2. The 90-day (or 150-day for taxpayers living outside the U. S.) restriction period under IRC Section 6213(a) has expired and the taxpayer has not filed a petition with the Tax Court;

    3. The taxpayer has petitioned Tax Court or;

    4. The taxpayer and the Service, prior to issuance of the notice of deficiency, executed a Form 872-A covering any of the tax years in the notice.

  4. After all the conditions in (1), (2), and (3) have been considered (managerial approval is required), follow these steps to obtain the taxpayer's consent:

    1. Complete a 2264(SC) Letter in duplicate (one copy for the taxpayer and the other to be attached to the file copy of the Statutory Notice).

    2. Prepare a Form 8626, Agreement to Rescind Notice of Deficiency, in duplicate. Attach one copy to the 2264(SC) Letter and attach the other copy to the file copy of the Statutory Notice.

    3. Send the 2264(SC) Letter with a copy of the Form 8626 and a return envelope to the taxpayer that day.

    4. Enter a Case Note and ensure the file copies are in the case file.

    5. Use IPC 8S to resuspend the case.

      Note:

      If communicating with the taxpayer pending receipt of the rescission agreement, be sure to include notification that the 90-day period to petition Tax Court is still in effect.

  5. When the taxpayer returns the signed Form 8626 (both signatures are needed for jointly filed returns), the Form 8626 must be countersigned by the Director Compliance Service, Field or designated official. The rescission is effective on the date the Director or designated official countersigns the Form 8626.

    1. Complete a 2262 (DO) Letter in duplicate.

    2. Send the taxpayer one copy of the letter and a copy of the countersigned Form 8626.

    3. Leave a Case Note.

    4. Maintain copies of the Form 8626 and a 2262 (DO) Letter in the case file.

  6. Assign PC 78 and continue processing.

    Note:

    PC 75 cannot follow PC 78.

4.19.3.20.11.2  (09-01-2008)
Default Statutory Notices

  1. Thoroughly review each case prior to defaulting to ensure that:

    1. There is no agreed response from the taxpayer(s). If there is an agreed response, process the case using agreed response procedures. Do not use default instructions to process the case.

      Caution:

      Full payment received after issuance of a Statutory Notice cannot be considered agreement to the tax increase. Since the necessary signature(s) were not obtained, these cases will be closed as Defaults.

    2. The suspense time frame (105 days) has elapsed, before assigning PC 90. If not, use IPC "RF" to continue the suspense time frame.

  2. Verify the ASED of each default case.

    1. If the ASED is more than 90 days, the statute is not imminent. Process the case using normal procedures. TC 560 IS NOT NEEDED ON THESE CASES. If there are five work days or less before the ninety (90) day time frame, input the adjustment immediately.

    2. If the ASED is less than 90 days, recompute the ASED and input TC 560.

      Note:

      The assessment (TC 290) on a default case that needs a TC 560 cannot be input until the TC 560 has posted.

      Caution:

      The TC 560 should be input before April 15th.

  3. Compute the EXDATE (Extended Statute Expiration Date) for a Defaulted 90 Day Letter with an original ASED of 04-15-2011 as follows:

    1. Determine the original ASED and convert to the Julian date (April 15 = 105th Julian date).

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. Convert the sum to a calendar date ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    Example:

    Determination of EXTENDED ASED on a Defaulted 90 Day Letter with an original ASED of May 17. May 17 is the 137th Julian day. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , the EXTENDED ASED date.

  4. Default cases with a TC 560 input on or before 04-15-2011 require an Action Date (ACT-DATE). Enter the ACT-DATE below the EXDATE on the adjustment source document tab. The ACT-DATE must be 04-14-2011. This alerts the computer that the decision to extend the statute was taken before the statute expired.

4.19.3.21  (09-01-2003)
AUR Case Review

  1. These instructions are for the review of CP 2000 phase of an AUR case under Print Consolidation guidelines.

4.19.3.21.1  (10-30-2006)
CP 2000 Notice Review

  1. A statistically valid sample of cases is produced for review. This is a product review toward perfecting the quality of notices. In the review, the case is reworked from the beginning, including the determination of the U/R amount.

  2. The selection of sample notices is performed from all CP 2000 Notice runs with the exception of Employee AUR cases, cases with Sort Codes, and CP 2000s posted after CP 2501 Notices. Employee AUR cases continue to be processed in accordance with See IRM 4.19.3.23.

  3. The reviewer will review all the sampled cases. The case file will be built into BT 95.

  4. The tax examiner verifies the CP 2000 for correctness and overall quality by reworking the case.

  5. If no error is found, no action is necessary.

  6. If an error is found, and the CP 2000 Notice needs to be corrected, the reviewer must stop the original CP 2000 by either transferring the case(s) or using the Stop Notice window, as applicable and:

    Caution:

    When a non-critical error is discovered ( See Exhibit 4.19.3-20.), determine on a case-by-case basis whether the error will hamper the taxpayer’s ability to understand the notice. Only stop the notice if it is determined that the error will cause the taxpayer difficulties in understanding the issues on the notice.

    If Then
    A notice still needs to be issued. Issue a corrected notice.

    Note:

    If the CP 2000 cannot be stopped, send PARAGRAPH 88 ( See Exhibit 4.19.3-12).

    The case should be closed Use the applicable closing process code.

    Note:

    If the CP 2000 cannot be stopped, close with PC 71. Issue an 1802C Letter apologizing for the incorrect notice.

    When the SSN is entered on the Stop Notice window, the system automatically assigns the appropriate "not mailed" PC. If it is subsequently necessary to remove the SSN from Stop Notice the following message displays "Transfer case to the AUR Coordinator. Process code needs to be deleted " .

  7. Complete the form provided by Headquarters for the specified review of CP 2000 Notices until a Document Control Instrument is created for Embedded Quality review.

    1. Include only those cases that are found in error.

    2. Use the appropriate error codes.

      Note:

      "Critical" errors affect the total balance due. "Noncritical" errors DO NOT affect the total balance due.

    3. Provide the weekly results of the review to Headquarters on a monthly basis or upon their request.

  8. If the critical error rate exceeds 10%, do the following:

    1. Decide on a plan of corrective action.

    2. Within 2 days of determining that the "Critical" error rate exceeds 10% advise Headquarters of the error rate and describe the corrective action(s) for concurrence.

    See Exhibit 4.19.3-20, for a list of the Notice Review Error Codes.

4.19.3.22  (09-01-2008)
Accounts Maintenance Research (AMRH) Transcripts 25 and 27

  1. An AMRH transcript 25 or 27 generates for an unsettled AUR case module as an alert that an action (closure, assessment, etc.) needs to take place to resolve a taxpayer's account.

4.19.3.22.1  (09-01-2008)
Overview of AMRH Transcripts

  1. The AMRH transcripts generate to identify over aged freezes and unsettled conditions that failed to be resolved following normal procedures and processing as a result of oversight, procedural shortcomings, systemic issues, etc.

    Caution:

    IT IS CRITICAL TO WORK THESE TRANSCRIPTS TIMELY AND COMPLETELY TO RESOLVE A CASE BEFORE THE ASSESSMENT STATUTE DATE EXPIRES.

  2. The AMRH transcripts with TC 922 (IRP/AUR) posted are transferred or forwarded to AUR to identify unresolved accounts that were not closed within a certain length of time. For any additional specific instructions, refer to IRM 21.2.4, Master File Accounts Maintenance, or IRM 25.6, Statute of Limitations, which contains instructions to transfer AMRH transcripts with TC 922 in module(s) to AUR for processing.

  3. An unresolved TC 922 condition exists when:

    • There is a credit balance (surplus) on the module. This condition creates the AMRH25 (25R) transcript. A credit balance may be caused by a variety of conditions (i.e., an unreversed TC 640, Advance Payment of Determined Deficiency or AUR Proposal, erroneous no change closure, etc.).

    • A closing PC is not present on the module or does not post as the last PC in the TC 922 string. This condition creates the AMRH27 (27F) transcript. A closing PC may be missing for a number of reasons (i.e., a CP 2000 or subsequent notice was generated and no follow-up or closing action was taken, or a closing PC may have posted the cycle after the transcript was generated, etc.)

    • AN AMRH 27 transcript is also created when a closing assessment PC is posted, but an adjustment in the AUR blocking series is not on the account.

  4. AMRH transcripts for 25R/27F are routed directly to the AUR by Information Systems. AUR must handle these transcripts to completion.

  5. Take the necessary action to review the following conditions:

    • The AUR issue is resolved.

    • All appropriate closing PCs are in the last position of the TC 922 string.

      Required adjustments are posted in an AUR blocking series.

    • There is no credit balance.

    • No freeze codes are present.

    • No systemic or programming problems exist.

  6. If all of the conditions in IRM 4.19.3.22.1 (5) above exist, discard the transcript.

  7. For any case where there is no longer an AUR issue, but there is a freeze code present that cannot be resolved by AUR, direct the transcript back to the appropriate area.

4.19.3.22.2  (09-01-2008)
General Procedures

  1. Review AMRH transcripts to determine the last PC reflected on the TC 922.

  2. If the tax module on IDRS reflects a TC 922 without Process Codes, research CC:IMFOLT or CC:MFTRA.

  3. For instructions regarding AMRH25 and AMRH27 transcripts and required procedures for specific Process Codes, See IRM 4.19.3.22.2.1 and See IRM 4.19.3.22.2.2.

  4. When reviewing AMRH25 or AMRH27 transcripts, be alert for cases open on AIMS (Source Code 14 or 85). If open on AIMS, secure the original return and take the following action:

    Exception:

    Do not follow these procedures if there is a PC 80 or TC 520 present on the module.

    1. Rework the case to determine if an assessment is necessary.

      Note:

      The assessment must be input before transferring the case.

    2. Close the case with PC 27, 51, 73, or 93 as appropriate.

    3. Route the case to Examination.

  5. Review AUR and IDRS to determine the actions needed to resolve the account. In most situations the return is not necessary. The transcript can be used as the source document for many adjustments. If an adjustment is necessary using and AUR blocking series AND the return is not needed then:

    1. Complete Form 2275, if a paper return was filed, to associate the original return to the assessment DLN.

    2. Form 4251 can be used as the source document, if an ELF return was filed. Make the following notation, "Original return was filed electronically " .

      Note:

      Ensure all closing actions have been taken on AUR. After the necessary actions to resolve the account have been taken, close all related control bases.

  6. If the case is open and currently being processed, take the following actions:

    1. Discard the transcript in accordance with local classified waste procedures.

    2. Close all related control bases on IDRS.

    Exception:

    If the ASED is imminent, ensure that all required adjustments and actions are completed before the statute expires.

  7. If a "No Change" process code has unposted or has posted out of sequence, input a TC 290-0 in an AUR blocking series to resolve the account.

  8. If a required adjustment has unposted or did not post to an account and there is more than 90 days before the statute expiration date, input the adjustment using an AUR blocking series.

    Note:

    If less than 90 daysremain until the ASED, prepare the case for adjustment and route to the Statute Function for input

    .

  9. If a required adjustment has unposted or did not post to an account and the statute has expired, prepare for processing as a barred assessment and route the information to the Statute Function.

    Note:

    After statute processing it may be necessary to input a TC 290-0 using an AUR blocking series to clear the account

    .

  10. If a TC 640 payment needs to be released, input a TC 290-0 adjustment using an AUR blocking series.

    Exception:

    If the case was closed in error (i.e. taxpayer recomputed the amount of tax owed) and there is remittance, , input the adjustment using an AUR blocking series.

  11. Bankruptcy, Innocent Spouse, MFT 31 and merged accounts may require additional research. Take all necessary actions to ensure that all related accounts and issues are resolved.

  12. If a TC 780 (OIC) has posted to the account, discard the transcript (in accordance with local classified waste procedures) and close all AUR and/or transcript control bases.

    Note:

    An adjustment with an AUR blocking series will not post to these accounts.

  13. If the AMRH transcript reflects TC 922 with a DLN for another Campus forward the AMRH transcript immediately to the attention of the Chief, AUR Operations for that Campus if more than 90 days remain on the assessment period...

    Note:

    If less than 90 days remain until the ASED, prepare the case for adjustment and route to the Statute Function for input.

  14. If the return was timely filed (not on extension) the case is statute imminent on April 15th of the Statute year. However, if a Statutory Notice of Deficiency was issued on an AUR case, the assessment period is suspended and AUR can work the case past April 15th. A Statutory Notice of Deficiency increases the assessment period for the number of days from the date of the letter/notice until the taxpayer responds with an agreement, PLUSthe 60 days mandated by the Internal Revenue Code.

  15. To compute the ASED on cases where the taxpayers signed agreement is received prior to the expiration of the 90 days:

    1. Determine the original ASED (using the Julian Date).

    2. Determine the number of days from the date of the Statutory Notice to the taxpayer reply date. Add this to the result from step 1.

    3. Add ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ processing days.

      Note:

      The general rule for disagreed or defaulted cases is to ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ to the normal statute date if the return is filed timely. This determines the taxpayer's new ASED.

    Caution:

    An assessment SHOULD NOT be made on IDRS within 60 days of the ASED.

  16. A TC 560 MUST be input on IDRS by April 15th to EXTEND the ASED before any assessment can be made. If TC 560 was not input to extend the ASED, prepare a manual assessment Form 2859 and route to the Accounting Operations for assessment via Form 3552.

    • Input TC 560 on IDRS using CC:REQ77 in Blocking Series 700. Up to 100 cases can be input daily using CC REQ77 or

    • Input TC 560 on IDRS using CC:REQ77A . Up to 10,000 assessments can be input daily using CC:REQ77A.

4.19.3.22.2.1  (09-01-2005)
AMRH 25R Transcripts

  1. If PC 67, 68, 87, 88, 90-94, or 96 is the last action taken, refer to instructions in See IRM 4.19.3.22.2.2.(5). If no assessment information is available:

    1. Assess the entire amount of the remittance as TC 290.

    2. Restrict the interest using TC 340-0, and

    3. DO NOT issue a notice to the taxpayer(s). Use the appropriate hold code to suppress the notice from generating.

      Note:

      DO NOT assess if open on AIMS with Source Code 14 or 85 and the transcript shows a balance due. Input PC 73 or 96 as appropriate to resolve the unsettled condition for cases open on AIMS.

  2. If PC 47-53, 58, 70, 71, 73, 74, 91-93, or 96 is the last action taken, See IRM 4.19.3.22.2.2(5). These control bases are identified as AM25 or ST25. Input TC 290-.00 to refund the taxpayer's payment that is associated with the AUR notice.

    Exception:

    If the case was closed in error (i.e., taxpayer recomputed the amount of tax owed) and there is a remittance, follow instructions in See IRM 4.19.3.22.2.2. (5).

  3. If PC 20 is the last action taken, refer to instructions in See IRM 4.19.3.22.2.2. (3).

  4. If PC 30, 55, 57, 59, 75-79, or 95 is the last action taken, refer to the instructions in See IRM 4.19.3.22.2.2. (4).

4.19.3.22.2.2  (09-01-2003)
AMRH 27F Transcripts

  1. If PC 47-53, 58, 70, 71, 73, 74, or 96 is the last taken:

    1. Close the IRP control base on IDRS if not already closed.

    2. Close the IDRS control base created by generation of the AM transcript(s). (Generally, these control bases are identified by AM27 or ST27.)

    Caution:

    DO NOT CLOSE any control base that is not assigned to AUR.

  2. If PC 91, 92, or 93 is on the module, research the account for a TC 290-0 in the AUR Blocking Series.

    1. If found, close the IRP and AM bases.

    2. If not found, follow instructions in IRM 4.19.3.22.2.2 (5) below.

  3. If the last action is a PC 20, verify that an assessment with the credit reference number(s) 806/807 or 766/767 with Credit Reference Number 252 was input. If the assessment did not post, secure the original return. If the original return cannot be secured, research case history for assessment record information. Use this information to input the assessment.

  4. If PC 30, 55-57, 59, 75, or 77-79 is the last action taken, research the case history to see if any other process code is present.

    1. If other PCs are present, notate the PC and secure the return.

    2. If PCs are the same, notate the current notice date and research for any taxpayer correspondence.

    Note:

    If there are multiple PC discrepancies between IDRS and AUR there may be a problem with the downloads. Notify your manager for additional instructions.

  5. If PC 67, 68, 87, 88, or 90-94 is the last action taken, determine if TC 290/291 or TC 300/301 posted.

    1. If an unresolved unpostable condition is present, coordinate with the Unpostables Function to resolve the unpostable condition as quickly as possible.

    2. If a deleted unpostable, attempt to secure the return to resolve the unsettled conditions.

    3. If TC 290/291 or TC 300/301 did not post, secure the original return. If the original return cannot be secured, research case history for assessment record information. Use this information to input the assessment manually on IDRS.

4.19.3.23  (09-01-2003)
Employee Cases

  1. To insure the integrity of IRS employees, the Service provides careful and urgent treatment of employee cases.

4.19.3.23.1  (09-01-2004)
Overview of Employee Cases

  1. Employee AUR cases are handled differently from other AUR cases only in urgency, control, confidentiality, and may result in appropriate disciplinary actions. In all other matters, make no distinction between an employee and any other taxpayer. This handling includes:

    • Application of tolerances.

    • Criteria for referral to Examination or Criminal Investigation.

    • Preparation of assessments.

    • Handling of remittances.

    • Appeal rights.

    Caution:

    Negligence Penalty should be asserted if the Tax Account screen shows a "2" or " 3" in the TC 922 HIST/CAT field(s) and a notice is issued.

    Employee cases generate by matching the AUR inventory against a list of SSN's for individuals who currently work for the IRS. The majority of these cases are Subfile 2; however, subfiles with higher priority may also contain IRS employee cases.

  2. Employee cases download in BTs 01-19(000) with PC 06 and are systemically moved into Employee Download BT 90000.

  3. IDRS Access Data (employee identification) is produced semi-monthly and updates AUR. Newly identified Employee cases already in a normal batch do not update with PC 06 and remain in the current batch. During the working of the case (Screening, Response, or Statutory Notice), AUR displays a message to the tax examiner to transfer these cases to the UID of the employee designated to work employee cases.

    Note:

    Occasionally, the individual working the normal AUR Program encounters cases with IRS Form(s) W-2 attached to the returns or with IRs. Do not process these cases within Subfile 2 unless the taxpayers are currently employed by the IRS.

  4. To expedite the handling of EUR cases, the responsible AUR employee processes all the employee cases as soon as possible.

4.19.3.23.2  (09-01-2004)
Confidentiality and Security

  1. Since EUR cases involve IRS employees, or their families, it is imperative that all persons involved in handling these cases regard the privacy of an employee as paramount in performing their work.

  2. Observe the following rules.

    1. Employee cases are processed by as few employees as possible.

    2. As with any taxpayer case, EUR cases are discussed only with individuals specifically involved in processing them.

    3. When cases are not being worked, the employee tax returns are provided security of SP-3 per IRM 1.16.15, Minimum Protection Standards, Exhibits 1 and 2. Keep returns in a locked cabinet.

    4. Only AUR employees with an Employee Profile Code of either 8324 or 8328 have access to the employee file cases. The AUR Coordinator assigns these profile codes to the designated employee(s) prior to the processing of the Subfile 2 cases.

4.19.3.23.3  (09-01-2008)
Quality

  1. Subject all case actions to normal Quality Review procedures in IRM 21.10.1, Quality Assurance - EQ Program for Account Management, Compliance Services, Field Assistance and TE/GE, with the exception of the CP 2000 Notice Review. Ensure the confidentiality of these cases.

    Note:

    As only employees with the Employee Case profile can access these cases consider cross reviews.

4.19.3.23.4  (09-01-2004)
Receiving and Controlling Employee Cases

  1. When extract tapes download into PC 06 status, information is assigned to Employee Download Batch Type 90000. Cases remain assigned to the batch until scanned by the user into an Employee Screening batch. Refer to IRM 4.19.2, IMF Automated Underreporter (AUR) Control System, for information on batch building and batch status codes.

  2. Charge-outs (Forms 4251) are received as a separate print file. Case labels generate when the system moves cases from Employee Screening BT 90 to BT 91, Employee Suspense (after initial screening).

  3. Forms 4251, Return Charge-Out, without tax returns are not batched into Employee Screening BT 90001-999. The SSNs remain in Employee Download Batch Type 90000. The system reorders the tax return based on the reorder date input by the AUR Coordinator. If the system does not indicate the return was received (built to Employee Screening BT 90001-999), the system closes the case with PC 29 and the SSN(s) displays on the Employee Case Aging Report until the report is generated for the next week.

    Exception:

    Electronically filed returns (ELF) and Form 1040EZ will NOT have tax returns, use the TRDB or 1040EZ window to work these cases. The system will not reorder, nor will it allow an "X" in the ORDER RTN field.

  4. The Employee Extract downloads can only be built into Employee Screening BT 90001-999 after the extract download has been completed. If the employee extract download has not been done or is incomplete, the system displays a message indicating the extract is incomplete and cannot be batched.

  5. When cases are missing the TIF and/or U/R data, the system will not allow the cases to be built into Employee Screening BT 90001-999. The SSN(s) remain assigned to Employee Download BT 90000.

    1. If the missing data is not received within sixty (60) days, the system assigns a PC 28 and displays the SSN(s) on the Employee Case Aging Report until the report generates for the week.

    2. If the missing data is received, the SSN(s) displays on the Employee Aging Report until the SSN(s) are assigned to BT 90001-000. Batch the cases into Employee Screening BT 90.

  6. Case labels generate when the system moves cases from Employee Screening BT 90 to BT 91, Employee Suspense (after initial screening).

4.19.3.23.4.1  (09-01-2004)
Batch Building

  1. When cases are assigned to a batch, there are specific stated requirements that must be met. System Constraints require that a case must meet specific PC and current batch type criteria for assignment to a batch. Cases assigned to an Employee Screening BT 90000 are built by the user and the system assigns cases to Employee Suspense BT 91000.

  2. Parameters are set for the maximum volume for each work unit and batch. When the maximum volume for the work unit is reached, the system closes the work unit currently being input.

    1. Indicate the batch and work unit number on the folder and insert the cases in the folder. The system indicates the batch is complete.

    2. Close the batch using the CLOSE option.

    3. The system updates the batch status to AB (Associated Batch).

      Note:

      Batches may be manually closed at any point prior to reaching maximum volume for the batch.

  3. If a batch is created and the system is exited before entering the SSN's for the batch, the batch number deletes from the system.

  4. If the batch is created and the system is exited before completing the work unit/batch, commit the work unit currently being input. Indicate the batch and work unit number on the folder and insert the cases assigned to the work unit.

  5. When using the ADD option, the system indicates when the batch is full and cases cannot be added. When adding to a batch that is not full, the system:

    1. Indicates if the previous work unit has reached maximum size, or

    2. Displays a message indicating the SSN's are being added to a previous work unit.

  6. After a batch is closed it is possible to reopen it. SSN's may be added if the maximum volume for the work unit or batch is not reached.

    Note:

    The batch status reverts to a blank value. Closing a batch automatically updates batch status to AB (Associated Batch).

  7. Once the maximum volume is reached or the volume of the batch is such that you do not want to add any additional SSN's, close the batch using the CLOSE option. The system updates the batch status to AB (Associated Batch).

  8. After the batch status is updated, the Sequence-SSN Batch Listing may be printed. The Batch Listing is a transmittal document verifying the contents of the batch.

4.19.3.23.4.2  (09-01-2004)
Case Sequence Number (CSN)

  1. Keep employee cases in the original batched order for all phases of the program. Cases retain the last seven (7) digits of the CSN. Only the BT changes from 90 to 91 during system disassembly.

  2. Cases transferred to Employee Unit Suspense BT 92 only have a five (5) digit CSN. The first two (2) digits are 92 and the last three (3) digits are the unit location number. These cases are filed in SSN order.

4.19.3.23.4.3  (09-01-2004)
Assigning and Releasing Employee Cases

  1. Cases in Employee Screening BT 90 are assigned and released by work unit or individual cases.

  2. Each Case in Employee Suspense BT 91 and Employee Unit Suspense BT 92 are assigned and released individually. Cases with notice, letter, and closure PC(s) released Monday through Friday upload on the weekend runs.

  3. If the case is in BT 91 or 92, and Employee Disassembly (AURX047) did not process the changes previously made to the case, the message " WARNING: EMPLOYEE DISASSEMBLY HAS NOT PROCESSED CHANGES ON THIS CASE" displays when assigning a case. Analyze the case to determine the appropriate actions necessary to process the case.

  4. Cases with automatic assessments upload daily to SCRS.

4.19.3.23.4.4  (09-01-2004)
Employee Unit Suspense Batch Type 92

  1. These are cases the system identified as employee cases during processing.

  2. When cases are transferred to Unit Suspense, the system automatically generates IPC 0E, 3E, 6E, or 8E and moves the case to BT 92.

4.19.3.23.5  (09-01-2004)
Case Actions

  1. Several actions taken during the course of Employee case file processing have unique handling instructions.

    Note:

    When the Employee Tax Compliance Program (ETCP) needs case data, make one copy of the entire AUR case contents and forward the information using the procedures supplied via the ETCP contact. These instructions apply to all tax years currently being worked in the AUR Program.

  2. The entire AUR (system) case contents includes the following:

    • Tax Account.

    • Information Returns.

    • Case Notes.

    • Case History.

    • CP 2000.

    • CP 2501.

    Reminder:

    The AUR system does not maintain a copy of the Statutory Notice. Copies of the Statutory Notice and any taxpayer correspondence are available in the case file.

4.19.3.23.5.1  (09-01-2004)
Examination and Fraud Referrals

  1. Due to the sensitivity of Employee cases, manually coordinate cases which require Examination or Fraud referral. The use of IPCs 0D, 3D, 3F, 6D, 6F, 8D and 8F are used for case referrals. As the system maintains a record of these IPCs, no additional notation is needed in the case file, unless an explanation for the referral is deemed appropriate as a Case Note. See IRM 4.19.3.4.8 for new Fraud referral procedures.

4.19.3.23.5.2  (09-01-2004)
Case Transfer/Closure

  1. Transfer/Closure of cases removes the case from AUR processing and reassigns control of the case to another Operation (Examination or Criminal Investigation). As the system maintains a record of these closing PCs, no additional notation is needed in the case file, unless an explanation for the transfer/closure is deemed appropriate as a Case Note. Print the complete AUR case contents ( See IRM 4.19.3.23.5 above) and include them as part of the case file.


More Internal Revenue Manual