TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

 

 

Enhancements Could Be Made to Minimize Internal Revenue Service Employee and Volunteer Return Preparation Program Participant Integrity Issues

 

 

 

November 2005

 

Reference Number:  2006-40-005

 

 

This report has cleared the Treasury Inspector General for Tax Administration disclosure review process and information determined to be restricted from public release has been redacted from this document.

 

Phone Number   |  202-927-7037

Email Address   |  Bonnie.Heald@tigta.treas.gov

Web Site            |  http://www.tigta.gov

 

November 1, 2005

 

 

MEMORANDUM FOR DEPUTY COMMISSIONER FOR OPERATIONS SUPPORT

                                         DEPUTY COMMISSIONER FOR SERVICES AND ENFORCEMENT

 

FROM:                            Michael R. Phillips /s/ Michael R. Phillips

                                         Deputy Inspector General for Audit

 

SUBJECT:                    Final Audit Report – Enhancements Could Be Made to Minimize Internal Revenue Service Employee and Volunteer Return Preparation Program Participant Integrity Issues  (Audit # 200540015)

 

This report presents the results of our review to assess the adequacy of controls and procedures related to ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)*** the Convenience Check Program and the ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)*** in the Volunteer Return Preparation Program (VRPP).[1]

Synopsis

The Treasury Inspector General for Tax Administration (TIGTA) initiated this review to assess the controls and procedures that may have facilitated integrity violations ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

The SB/SE Division Convenience Check Processing Guide requires Lien Imprest Fund Cashiers to reconcile their Citibank statements with their check register on a monthly basis.  The cashier is to submit the reconciliation statement for review and approval by the Approving Official, who will then forward it to a Budget Analyst for final review.  However, the Guide does not require Lien Imprest Fund Cashiers to submit any supporting source documentation with the monthly statement reconciliation.  

***(b)(3): 26 U.S.C. 6103, (b)(7)(C)*** Requiring Lien Imprest Fund Cashiers to submit supporting source documentation may deter dishonest employees from preparing unauthorized checks.  In addition to the Lien Program, the IRS also uses Convenience Checks in the Imprest Fund, the Procurement Program, the Property Appraisal and Liquidation Specialist Program, and the Public Transportation Subsidy Program.  As a result, we believe Approving Officials should be required to review supporting source documentation in each of the programs that process Convenience Checks.

In addition, current Volunteer Income Tax Assistance (VITA)/TCE training materials provide minimal warnings on accepting payments for volunteer activities but do not adequately address the misuse of Government computers.  As the IRS moves away from return preparation, it needs to take action to ensure VITA/TCE participants are cautioned about misusing Government computers and accepting payments for volunteer activities.

Recommendations

We recommended the Chief, Agency-Wide Shared Services, revise the Lien Program procedures and other Convenience Check Program procedures to require Approving Officials receive and review supporting source documentation during the monthly Citibank statement reconciliations.  We also recommended the Commissioner, Wage and Investment Division, enhance existing training materials and information provided to VITA/TCE participants, reminding them that Government computers should not be used for personal business and that payments should not be accepted for preparing tax returns.  In addition, VITA/TCE participant training should include this specific case as an example of activities that are contrary to VRPP policies.

Response

IRS management agreed with both recommendations.  All actions are approved and in place to resolve the first recommendation.  Convenience Check cardholders are required to provide supporting documentation for all payments appearing on their monthly Citibank statement and training programs have been updated to reflect that requirement.  In addition, program guidelines for Approving Officials have been updated to provide additional guidance for conducting monthly reviews.  Specifically, Approving Officials are now required to conduct detailed reviews and follow-up on any payment that is not specifically written to a county clerk’s office.

To address the second recommendation, a newly designed publication, Welcome to the IRS Computer Loan Program (Publication 4473), will be included with each computer provided to VITA/TCE participants.  Although the publication has already been printed this year, it will be updated in 2006 to further emphasize the misuse of Government computers.  In addition, while various training materials presently reinforce the prohibition of accepting payments for preparing tax returns, this specific case will be included in VITA/TCE participant training as an example of an activity that is contrary to VRPP policies.  Management’s complete response to the draft report is included as Appendix IV.

Copies of this report are also being sent to the IRS managers affected by the report recommendations.  Please contact me at (202) 622-6510 if you have questions or Scott A. Macfarlane, Acting Assistant Inspector General for Audit (Wage and Investment Income Programs), at (925) 210-7027, ext. 102.

 

 

Table of Contents

 

Background

Results of Review

Controls Could Be Enhanced to Help Identify and Deter Unauthorized Convenience Checks

Recommendation 1:

Training Materials Could Be Enhanced to Help Deter Inappropriate Activities by Volunteer Return Preparation Program Participants

Recommendation 2:

Appendices

Appendix I – Detailed Objective, Scope, and Methodology

Appendix II – Major Contributors to This Report

Appendix III – Report Distribution List

Appendix IV – Management’s Response to the Draft Report

 

 

Background

 

This review was initiated in response to integrity violations by ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

The Treasury Inspector General for Tax Administration (TIGTA) initiated this review to assess the controls and procedures that may have facilitated integrity violations ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***Volunteer Income Tax Assistance (VITA)/TCE participants are required to annually sign a VRPP Standards of Conduct statement.  In addition, VITA/TCE participants who are provided with Government computers are required to sign a Property Loan Agreement.

We limited our review to evaluating the controls and procedures related to the ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***Convenience Check Program and the ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

This review was performed in the SB/SE Division Headquarters in Washington, D.C.; the Wage and Investment (W&I) Division Headquarters in Atlanta, Georgia; and the IRS’ Area-Wide Shared Services function offices in AtlantaGeorgia; Boston, Massachusetts; Buffalo, New York; Covington, Kentucky; Indianapolis, Indiana; Philadelphia, Pennsylvania; and Seattle, Washington.  The review was performed during the period February through July 2005.  The audit was conducted in accordance with Government Auditing Standards.  Detailed information on our audit objective, scope, and methodology is presented in Appendix I.  Major contributors to the report are listed in Appendix II.

 

Results of Review

 

Controls Could Be Enhanced to Help Identify and Deter Unauthorized Convenience Checks

 

 ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

The SB/SE Division Convenience Check Processing Guide required the Lien Imprest Fund Cashiers to reconcile their Citibank statements with their check register on a monthly basis.  ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)*** The Guide did not require Lien Imprest Fund Cashiers to submit any supporting source documentation with the monthly statement reconciliation.  ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

During Fiscal Year (FY) 2005, the SB/SE Division began centralizing the processing of Convenience Checks for the Lien Program in its Cincinnati Campus[4] in Covington, Kentucky.  In FY 2004, there were 32 primary and backup Lien Imprest Fund Cashiers nationwide that wrote 27,242 Convenience Checks totaling approximately $2.8 million.  The controls outlined in the SB/SE Division Convenience Check Processing Guide are to be incorporated in the Internal Revenue Manual (IRM).

The draft Administrative Imprest Fund Handbook in the IRM states the Approving Official will ensure “supporting documentation for each transaction is appropriate and properly completed.”  However, during the monthly reconciliation of the Citibank statements, the Approving Official still does not receive any of the supporting source documentation that could be used to identify suspicious checks.  The IRS does require Approving Officials to have supporting documents when reconciling Citibank statements from the Purchase Card Program used by the IRS to procure small purchases.

***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***.  Requiring the Lien Imprest Fund Cashiers to submit supporting source documentation may deter dishonest employees from preparing unauthorized checks.  In addition to the Lien Program, the IRS also uses Convenience Checks in the Imprest Fund, the Procurement Program, the Property Appraisal and Liquidation Specialist Program, and the Public Transportation Subsidy Program.  As a result, we believe Approving Officials should be required to review supporting source documentation in each of the Convenience Check processing programs.

 

Recommendation

 

Recommendation 1:  To help ensure all Convenience Checks that are issued are authorized, the Chief, Agency-Wide Shared Services, should revise the Lien Program procedures and the other Convenience Check Programs procedures to require Approving Officials be provided supporting source documentation when reviewing monthly Citibank statement reconciliations.

Management’s Response:  All actions are approved and in place to resolve this recommendation.  Convenience Check cardholders are required to provide supporting documentation for all payments appearing on their monthly Citibank statement and training programs have been updated to reflect that requirement.  In addition, program guidelines for Approving Officials have been updated to provide additional guidance for conducting monthly reviews.  Specifically, Approving Officials are now required to conduct detailed reviews and follow-up on any payment that is not specifically written to a county clerk’s office.

 

Training Materials Could Be Enhanced to Help Deter Inappropriate Activities by Volunteer Return Preparation Program Participants

 

Although the local Inventory Control and Self-Certification Form ensured VITA/TCE participants in the ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***area were aware that Government computers in the VRPP were not to be used for personal business, ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

Each year, VITA/TCE participants are required to sign the VRPP Standards of Conduct Form (Form 13615) that limits their activities to free voluntary tax return preparation.  Specifically, the Standards of Conduct states:

I will not solicit business from taxpayers I assist. 
I will not accept payment for the services I provide.

During the 2003 Filing Season,[5] VITA/TCE participants receiving Government computers were also required to sign an Inventory Control and Self-Certification Form that limited the use of these computers to voluntary tax preparation.

When the responsibility for controlling the Government computers used in the VRPP was centralized at the end of the 2004 Filing Season, the Modernization and Information Technology Services Division’s Computer Depot at the Brookhaven Campus in Holtsville, New York, took responsibility for all VRPP computers nationwide.  The W&I Division Stakeholder Partnerships, Education, and Communication function developed guidance and replaced the Inventory Control and Self-Certification Form with the Property Loan Agreement for the VITA/TCE participants to sign when provided a Government computer.  The Agreement clearly outlines the equipment may be used only for volunteer electronic tax return preparation and filing and other related activities associated with supporting the volunteer program.

As the IRS moves away from return preparation, it needs to take action to ensure VITA/TCE participants are adequately cautioned about misusing Government computers and accepting payments for volunteer activities.  Currently, VITA/TCE training materials provide minimal warnings on accepting payments for volunteer activities, but do not adequately address the misuse of Government computers.  We believe the IRS should build on existing training materials and enhance the information provided to VITA/TCE participants to remind them that Government computers should not be used for personal business and that VITA/TCE participants should not accept payment from the public for preparing tax returns.  In addition, we believe VITA/TCE participant training should include this specific case as an example of activities that are contrary to VRPP policies. 

The success of the VRPP is dependent upon the reputation it creates in the public forum.  Taxpayer confidence in the program will decrease as VITA/TCE participant misdeeds are brought to light in the newspapers and on television.  ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

The picture was removed due to its size.  To see the picture, please go to the Adobe PDF version of the report on the TIGTA Public Web Page.

 

Recommendation

 

Recommendation 2:  To preserve the good reputation of the VRPP, the Commissioner, W&I Division, should enhance the training materials and information provided to VITA/TCE participants reminding them that Government computers should not be used for personal business and that payments should not be accepted for preparing tax returns.  In addition, VITA/TCE participant training should include this specific case as an example of activities that are contrary to VRPP policies.

Management’s Response:  A newly designed publication, Welcome to the IRS Computer Loan Program (Publication 4473), will be included with each computer provided to VITA/TCE participants.  Although the publication has already been printed this year, it will be updated in 2006 to further emphasize the misuse of Government computers.  In addition, while various training materials presently reinforce the prohibition of accepting payments for preparing tax returns, this specific case will be included in VITA/TCE participant training as an example of an activity that is contrary to VRPP policies.

 

Appendix I

 

Detailed Objective, Scope, and Methodology

 

The objective of our review was to assess the adequacy of controls and procedures related to ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)*** the Convenience Check Program and ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***the Volunteer Return Preparation Program (VRPP).[6]  To accomplish our objective, we:

I.                   Determined if controls over the Convenience Check Program would timely identify ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***.

A.    Interviewed the Small Business/Self-Employed (SB/SE) Division Level IV Coordinator, the Agency-Wide Shared Services (AWSS) Financial Services Manager responsible for the Convenience Check Program, ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***to identify current and any planned changes to controls over the Convenience Check Program.

1.      Obtained, reviewed, and analyzed existing Convenience Check Program policies and guidelines to determine the sufficiency of current controls.

2.      Obtained, reviewed, and analyzed any draft policies and guidelines concerning the SB/SE Division’s plans to centralize the Convenience Check Program to identify any weaknesses in the planned controls.

B.     Interviewed the AWSS Financial Services Manager and various program managers responsible for the Convenience Check Program to determine the status of the planned centralization of the Convenience Check Program.

C.     Obtained documentation from the AWSS Financial Services Manager responsible for the Convenience Check Program on the number of checking transactions and the related dollar amounts processed through the Convenience Check Program during Fiscal Year (FY) 2004.

D.    ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***

II.                Determined if existing controls will deter Volunteer Income Tax Assistance (VITA)/Tax Counseling for the Elderly (TCE) participants from misusing VRPP computers for personal use.

A.    Interviewed the national Wage and Investment (W&I) Division VRPP Manager and Seattle VRPP management contacts and identified:

1.      The process by which Government computers were provided to VITA/TCE participants during FYs 2003, 2004, and 2005.

2.      What VRPP computer usage policies or guidelines currently exist that prohibit the personal use of Government computers.

B.     Obtained from the national W&I Division VRPP Manager and Seattle VRPP management contacts any national and local VRPP computer usage policies, guidelines, computer loan agreements, and Volunteer Agreements for FYs 2003, 2004, and 2005.

C.     Obtained documentation from the national W&I Division VRPP Manager on the number of Government computers provided to VRPP participants during FY 2004.

D.    Reviewed and analyzed any national and local VRPP computer usage policies, guidelines, computer loan agreements, and Volunteer Agreements to:

1.      Determine what computer usage policies, guidelines, computer loan agreements, and Volunteer Agreements were in place during FY 2003***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***.

2.      Determine what computer usage policies, guidelines, computer loan agreements, and Volunteer Agreements were in place for FYs 2004 and 2005.

E.     Compared the policies, guidelines, computer loan agreements, and Volunteer Agreements to determine if:

1.      Past guidelines were too vague and, as a result, ***(b)(3): 26 U.S.C. 6103, (b)(7)(C)***.

2.      Current guidelines are specific enough to prohibit the misuse of Government computers and/or if the wording could be reinforced.

 

Appendix II

 

Major Contributors to This Report

 

Michael R. Phillips, Assistant Inspector General for Audit (Wage and Investment Income Programs)

Scott A. Macfarlane, Acting Assistant Inspector General for Audit (Wage and Investment Income Programs)

Mary V. Baker, Director

Bryce Kisler, Audit Manager

James Traynor, Lead Auditor

Kenneth L. Carlson, Jr., Senior Auditor

Sylvia Sloan-Copeland, Auditor

 

Appendix III

 

Report Distribution List

 

Commissioner  C

Office of the Commissioner – Attn:  Chief of Staff  C

Deputy Chief Financial Officer, Department of the Treasury

Commissioner, Small Business/Self-Employed Division  SE:S

Commissioner, Wage and Investment Division  SE:W

Chief, Agency-Wide Shared Services  OS:A

Director, Collection, Small Business/Self-Employed Division  SE:S:C

Director, Communications, Liaison, and Disclosure, Small Business/Self-Employed Division 

SE:S:CLD

Director, Customer Assistance, Relationships, and Education, Wage and Investment Division 

SE:W:CAR

Director, Employee Support Services, Agency-Wide Shared Services  OS:A:EES

Acting Director, Strategy and Finance, Wage and Investment Division  SE:W:S

Director, Stakeholder Partnerships, Education, and Communication, Wage and Investment

Division  SE:W:CAR:SPEC

Associate Director, Credit Card Services, Agency-Wide Shared Services  OS:A:ESS:CCS

Chief Counsel  CC

National Taxpayer Advocate  TA

 

Appendix IV

 

Management’s Response to the Draft Report

 

The response was removed due to its size.  To see the response, please go to the Adobe PDF version of the report on the TIGTA Public Web Page.



[1] This program provides free tax return preparation for eligible taxpayers.  It includes the Volunteer Income Tax Assistance and Tax Counseling for the Elderly Programs.

[2] This program provides free tax return preparation for eligible taxpayers.  It includes the Volunteer Income Tax Assistance Program and the Tax Counseling for the Elderly Program.

[3] This system supports revenue officers in field offices by tracking lien assignments and lien due dates.

[4] The data processing arm of the IRS.  The campuses process paper and electronic submissions, correct errors, and forward data to the Computing Centers for analysis and posting to taxpayer accounts.

[5] The period from January through mid-April when most individual income tax returns are filed.

[6] This program provides free tax return preparation for eligible taxpayers.  It includes the Voluntary Income Tax Assistance Program and the Tax Counseling for the Elderly Program.