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Tax Compliance And Non-Filers
A federal focus on bringing taxpayers into compliance
By Special Agent Janet Oakes
Public Information Officer
IRS Criminal Investigation Division
St. Paul Field Office
Overview - Non-Filer Enforcement
Our
country’s tax system is built on voluntary compliance. One
area the Internal Revenue Service is focusing on includes those individuals
who are furthest from compliance - the non-filers. Taxpayers who
fail to file income tax returns, and effectively stop paying income
tax, pose a serious threat to tax administration and voluntary compliance.
Their actions undermine public confidence in the ability to administer
the tax laws fairly and effectively.
The
Criminal Investigation Division’s (CID) role in IRS non-filer
strategies is in enforcement. It is understood that there are those
who will not respond to outreach efforts and simply refuse to comply
with the law. For individuals who deliberately fail to comply with
their obligation to file and pay taxes, CID has devoted resources
to identify these individuals and in the most egregious cases, criminal
prosecution is recommended to the United States Attorney's office.
Non-Filing Professionals
Historically,
IRS-CID has been involved in projects aimed at identifying and prosecuting
the egregious non-filers in a variety of occupations and industries.
A recent area of emphasis has been to identify professionals in the
state of Wisconsin who are receiving income as an independent contractor
and failing to report this income on their individual income tax
returns.
An
independent contractor is not considered an employee, and therefore
does not receive a Form W-2 for their work. Instead, independent
contractors receive a Form 1099-MISC, “Miscellaneous Income,” from
the trade or business for which they performed services if their
work totals more than $600 in a year. These Forms 1099 are also filed
with the IRS. Comparing the income reported to the IRS on the Form
1099 to the individual tax return of the independent contractor performing
the work gives IRS CID a starting point to identify those potentially
egregious cases of high earnings that have no record of filing a
federal income tax return.
Doctor Pleaded Guilty to Failing to File
Milwaukee
resident Gerald Kipnis pleaded guilty and was recently sentenced
in April 2007 for failing to file his required income tax returns
to the IRS for tax years 2002 and 2003. According to the plea agreement
filed in United States District Court in the Eastern District of
Wisconsin, Kipnis, who is a medical doctor specializing in psychiatry,
began working in the year 2000 as an independent contractor for a
medical staffing business, Staff Care, Inc., headquartered in Irving,
Texas. Under his arrangement with Staff Care, Kipnis was sent to
various clinics or hospitals throughout the country where he was
paid by Staff Care for providing psychiatric services. During 2002
and 2003, Kipnis provided services at the Rice Medical Center and
St. Michael’s Hospital, both in Stevens Point, Wisconsin. Because
Kipnis was employed as an independent contractor, Staff Care did
not withhold payroll taxes from the compensation it paid Kipnis.
Staff Care did provide Kipnis with a Form 1099 after the end of each
tax year summarizing his compensation. Although he received substantial
income for his services, Kipnis did not file federal income tax returns
with the IRS for these years. As outlined in the plea agreement,
Kipnis had not filed a tax return since 1997, despite having total
gross income of $589,409 during those years. Kipnis was sentenced
to probation, with conditions of 12 months home confinement and ordered
to cooperate with the IRS and submit all delinquent tax returns and
pay all back taxes and interest.
Non-filing
is an issue that cuts across all economic and social boundaries,
each case creating a unique impact on our economy and the honest
taxpayers who do file and pay their taxes each year. If you suspect
or know of an individual or company that is not complying with the
tax laws, you may report this activity by completing IRS Form 3949-A.
You may fill out Form 3949-A online, print it and mail it to: Internal
Revenue Service, Fresno, CA 93888.
Further
information about the IRS is at www.irs.gov.
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