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entitled 'Tax Whistleblowers: Incomplete Data Hinders IRS's Ability to 
Manage Claim Processing Time and Enhance External Communication' which 
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United States Government Accountability Office: 
GAO: 

Report to Congressional Requesters: 

August 2011: 

Tax Whistleblowers: 

Incomplete Data Hinders IRS's Ability to Manage Claim Processing Time 
and Enhance External Communication: 

GAO-11-683: 

GAO Highlights: 

Highlights of GAO-11-683, a report to congressional requesters. 

Why GAO Did This Study: 

The Tax Relief and Health Care Act of 2006 expanded the Internal 
Revenue Service’s (IRS) whistleblower program, increasing rewards for 
submitting information on others’ tax underpayments to up to 30 
percent of collected proceeds. The expanded program targets tax 
underpayments over $2 million and could reduce the gap between taxes 
owed and taxes paid. IRS’s Whistleblower Office has received over 
1,300 submissions qualifying for this new program since 2007. 

GAO was asked to assess (1) how IRS manages the expanded program, (2) 
how IRS communicates with whistleblowers and the public, and (3) any 
lessons from IRS's or other government whistleblower programs that 
could improve IRS’s expanded whistleblower program. GAO analyzed IRS 
documents and data and interviewed IRS officials, whistleblower 
attorneys, and federal and state whistleblower program officials. 

What GAO Found: 

Whistleblower claims can take years to go through the IRS review and 
award determination process. As of April 2011, about 66 percent of 
claims submitted in the first 2 years of the program, fiscal years 
2007 and 2008, were still in process. According to IRS officials, 
claims can take years to process because IRS must take various steps 
to ensure the integrity of claim reviews and resulting taxpayer 
examinations. Further, taxpayers subject to examination can exercise 
rights that can add years to the process. IRS does not collect 
complete data on the time each step takes or the reasons claims are 
rejected. Without such data, IRS may be unable to identify potential 
improvements to claim processing efficiency. Furthermore, not all the 
IRS divisions that review whistleblower claims have time targets for 
their subject matter expert reviews. Nor does the Whistleblower Office 
have a systematic process to check in with the divisions about the 
time taken for their initial reviews. 

Table: IRS Expanded Whistleblower Program Claim Review Process Steps: 

1. Whistleblower files claim. 
2. Whistleblower Office initial claim review. 
3. Subject matter expert review. 
4. Classification and examination. 
5. Appeals and collections. 
6. Period for taxpayer to exercise right to request refund. 
7. Whistleblower Office final review. 
8. Award payment. 

Source: GAO analysis of IRS documents and the Internal Revenue Manual. 

[End of table] 

IRS is limited in what information it can share with whistleblowers 
about the status of claims because of statutes protecting the privacy 
of tax information. For example, because IRS cannot disclose if it is 
examining a taxpayer, it cannot inform whistleblowers on the progress 
of their claims or the reasons their claims are rejected. One 
mechanism through which the Whistleblower Office can communicate 
program results is its mandated annual report to Congress. However, 
the most recently released report, for fiscal year 2010, did not 
contain information on case processing times or specific data on why 
IRS rejected claims. Collecting additional data and including it in 
the report could improve the transparency of the program and 
Congress’s ability to oversee it. 

Federal and state whistleblower programs have features with potential 
benefits that could improve IRS’s expanded whistleblower program, 
including options that increase interaction or information shared with 
whistleblowers and options that attempt to improve the accountability 
for claim processing. While there are potential advantages to all 
identified options, it is difficult to determine if the advantages 
outweigh the disadvantages for many options. Furthermore, IRS would be 
limited by taxpayer data protections in implementing some of the 
options. 

What GAO Recommends: 

GAO recommends that IRS collect more information-—including data on 
the time each step takes for all claims and reasons for claim 
rejection-—in its claim tracking system, establish a process to follow 
up on claims that exceed review time targets, and include more 
information on these issues in its annual reports to Congress. 

In written comments on a draft of this report, IRS generally agreed 
with our recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-11-683] or key 
components. For more information, contact James R. White at (202) 512-
9110 or whitej@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Whistleblower Claims Can Take Years to Process but the Whistleblower 
Office Does Not Have Complete Data on Claim Processing Time: 

Restrictions on Disclosing Tax Information Limit IRS Communication on 
Specific Claims, but Increased Communication on Overall Results Could 
Improve Program Transparency: 

Other Agencies and Whistleblower Attorneys Identified Options That 
Could Potentially Improve IRS's Whistleblower Program but Involve 
Trade-Offs: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Comments from the Internal Revenue Service: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Current Features of IRS's Original and Expanded Whistleblower 
Programs: 

Table 2: Expanded Whistleblower Program Claim Process Steps and 
Potential Outcomes: 

Table 3: Status of Whistleblower Claims by Identified Taxpayers by 
Year of Claim Receipt, Fiscal Years 2007 to 2011: 

Table 4: Rejected Claims by Taxpayers Identified by Step in Process 
Where Rejection Occurred, Fiscal Year 2007 to 2011: 

Table 5: Options to Enhance IRS's Whistleblower Program, Their 
Potential Advantages and Disadvantages, and Potential Strategies for 
Mitigating Disadvantages: 

Abbreviations: 

CI: Criminal Investigation: 

IRS: Internal Revenue Service: 

JCT: Joint Committee on Taxation: 

LB&I: Large Business and International Division: 

NOL: Net Operating Loss: 

SB/SE: Small Business/Self Employed Division: 

SME: subject matter expert: 

TE/GE: Tax Exempt and Government Entities Division: 

TIGTA: Treasury Inspector General for Tax Administration: 

W&I: Wage and Investment Division: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

August 10, 2011: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Orrin Hatch: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

The Honorable Charles E. Grassley: 
Ranking Member: 
Committee on the Judiciary: 
United States Senate: 

For decades the Internal Revenue Service (IRS) has had the authority 
to pay awards to whistleblowers who submit information about others' 
tax underpayments. The Tax Relief and Health Care Act of 2006[Footnote 
1] expanded this authority to make it more attractive for 
whistleblowers to provide information to IRS, which could help IRS 
reduce the tax gap--the difference between what is owed in taxes and 
what is paid voluntarily and on time. IRS's most recent estimate of 
this gross tax gap was $345 billion for 2001.[Footnote 2] The act, 
which targets tax amounts in dispute of more than $2 million, requires 
IRS to pay whistleblowers up to 30 percent of the collected proceeds, 
including additional tax, interest, penalties, and other amounts it 
collects as a result of information whistleblowers provide. The act 
also directed IRS to establish a Whistleblower Office to administer 
the expanded whistleblower program. Since the Whistleblower Office was 
established in early 2007, IRS has received over 1,300 whistleblower 
submissions qualifying for the expanded program, alleging tax 
noncompliance by more than 9,500 taxpayers. As of May 12, 2011, IRS 
has paid a small number of awards under the expanded program. IRS has 
determined that information on awards paid is protected from 
disclosure in the same manner as taxpayer return information and 
disclosure of the number of awards paid would violate IRS's privacy 
protections.[Footnote 3] 

You asked us to review IRS's expanded whistleblower program to 
determine whether it is operating effectively and to what extent 
improvements could be made. In response, this report's objectives are 
to (1) assess how IRS manages the expanded whistleblower program; (2) 
evaluate how IRS communicates with whistleblowers and the public; and 
(3) determine what lessons, if any, can be learned from IRS's and 
whistleblowers' past experiences with the Whistleblower Office and 
other governmental efforts that could improve IRS's expanded 
whistleblower program. 

To assess how IRS manages the expanded whistleblower program, we 
analyzed the Internal Revenue Manual and other IRS documents and data, 
interviewed officials from IRS's Whistleblower Office and operating 
divisions which investigate whistleblower claims, and reviewed GAO's 
existing body of work on internal control standards. To evaluate how 
the Whistleblower Office communicates with whistleblowers and the 
public, we interviewed IRS officials and private attorneys who 
represent multiple tax whistleblowers. To determine what lessons can 
be learned from IRS's and others' experiences with whistleblower 
cases, we reviewed documents and interviewed officials from federal 
agencies and state tax agencies with whistleblower reward programs. We 
also interviewed attorneys who represent tax whistleblowers to discuss 
their experiences with submitting whistleblower claims to IRS. 
Whistleblower attorneys have a clear financial interest in the outcome 
of whistleblower claims. However, interviewing them allowed us to 
obtain broad viewpoints of the IRS whistleblower program while keeping 
whistleblowers' identities confidential. For more information on our 
scope and methodology, see appendix I. 

We conducted this performance audit from September 2010 to August 2011 
in accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

In 1867, Congress enacted legislation that allowed the government to 
pay awards to individuals who provided information that aided in 
detecting and punishing those guilty of violating tax laws.[Footnote 
4] Initially, Congress appropriated funds to pay these awards at the 
government's discretion. In 1996, Congress expanded the scope of the 
program to also provide awards for detecting underpayments of tax and 
changed the source of awards to money IRS collects as a result of 
information whistleblowers provide.[Footnote 5] 

The Tax Relief and Health Care Act of 2006 created an expanded 
whistleblower award program to complement the existing whistleblower 
program.[Footnote 6] Table 1 shows the distinctions between the two 
programs, which we refer to as the original and expanded programs. 
This report focuses on the expanded program. 

Table 1: Current Features of IRS's Original and Expanded Whistleblower 
Programs: 

Feature: Date of whistleblower claim submission; 
Original program: All submissions made before December 20, 2006, and 
submissions that do not otherwise meet criteria for the expanded 
program; 
Expanded program: Submissions made December 20, 2006, or later that 
also meet the amounts in dispute criteria below. 

Feature: Threshold criteria for tax amount in dispute; 
Original program: Submissions made on or after December 20, 2006, 
where amount in dispute is $2 million or less in tax underpayments; 
no threshold for submissions made prior to December 20, 2006; 
Expanded program: Submissions where amount in dispute is over $2 
million; if claim is against an individual, the individual must also 
have more than $200,000 in gross income for at least one tax year 
covered by the claim. 

Feature: Award payment; 
Original program: Discretionary award up to 15 percent of collected 
proceeds, capped at $10 million by IRS for claims submitted prior to 
December 20, 2006; 
for claims submitted after July 1, 2010, award determination will be 
based on the criteria that apply to the expanded program; 
Expanded program: Mandatory award, generally between 15 percent and 30 
percent of collected proceeds with no award cap[A]. 

Feature: Basis of award calculation; 
Original program: Additions to tax, penalties, and other amounts 
collected as a result of administrative or judicial action resulting 
from the information provided; 
Expanded program: Additions to tax, penalties, interest, and other 
amounts collected as a result of any administrative or judicial action 
resulting from the information provided. 

Feature: Venue for appealing award determinations; 
Original program: None[B]; 
Expanded program: U.S. Tax Court[C]. 

Source: GAO Analysis of Internal Revenue Code section 7623 and IRS 
documents. 

[A] Award calculations begin at a base of 15 percent and are adjusted 
up or down due to certain positive or negative factors. For example, 
award calculations can be increased to up to 30 percent for 
whistleblowers who show extraordinary cooperation or assistance in 
providing information to IRS. Awards are reduced to a maximum of 10 
percent if the information was gathered primarily from judicial or 
administrative hearings. 

[B] Whistleblowers may appeal determinations under the original 
program to the Court of Federal Claims if IRS had entered into a 
contract, written or implied, with the whistleblower, and the contract 
comes into dispute. 

[C] Section 7623(b)(4) of the Internal Revenue Code provides the Tax 
Court jurisdiction to hear appeals of award determinations, including 
the amount or denial of an award, under the expanded program. See 
Cooper v. Commissioner, 135 T.C. 70 (July 8, 2010). 

[End of table] 

The act also directed IRS to create the Whistleblower Office, which is 
responsible for managing and tracking whistleblower claims from the 
time IRS receives them to the time it closes them, either through a 
rejection letter or an award payment. The Secretary of the Treasury is 
required to submit an annual report to Congress on the activities and 
outcomes of both the original and expanded whistleblower programs. As 
of May 2011, the Whistleblower Office had 20 staff members. 

IRS's review of whistleblower claims involves a series of steps and 
IRS can reject claims throughout the process. Although IRS's 
Whistleblower Office manages the whistleblower program, conducts 
initial reviews of claims, and makes award determinations, IRS's 
operating divisions are responsible for investigating claims and 
conducting examinations under the expanded program.[Footnote 7] The 
Office of Chief Counsel is not involved in every whistleblower claim 
but reviews whistleblower claims for legal issues when the 
Whistleblower Office or operating divisions request such assistance. 
IRS's Criminal Investigation (CI) unit also investigates fraud 
identified by whistleblower claims.[Footnote 8] A claim may transfer 
from CI to an operating division if CI is initially involved but 
declines to pursue the claim. Conversely, an operating division can 
involve CI if it determines during an examination that there is a 
criminal component to a claim. While the act establishing the expanded 
whistleblower program does not offer specific protections for 
whistleblowers, the Whistleblower Office has several policies and 
procedures to protect the identity of a whistleblower. 

Whistleblowers may not submit claims anonymously, as submissions must 
be made under penalty of perjury and IRS needs to assess the 
credibility of whistleblowers and the information they provide. 
Likewise, certain individuals, such as some federal employees, are 
prohibited from receiving whistleblower awards and the Whistleblower 
Office must know the identity of the whistleblower to enforce this 
restriction. Table 2 is a simplified outline of the whistleblower 
claim process for the expanded program. 

Table 2: Expanded Whistleblower Program Claim Process Steps and 
Potential Outcomes: 

Claim process step: Step 1; Whistleblower files claim; 
Step description: A whistleblower files Form 211, Application for 
Award for Original Information, with Whistleblower Office; 
Potential outcomes: [Empty]. 

Claim process step: Step 2; Whistleblower Office initial claim review; 
Step description: The Whistleblower Office reviews Form 211 and 
assesses if the claim qualifies for the expanded whistleblower program; 
Potential outcomes: 
(1) The claim does not meet expanded criteria and is processed using 
the original program rules; 
(2) The claim does not qualify for the original or expanded program; 
whistleblower receives a Whistleblower Office rejection letter--case 
closed; or; 
(3) The Whistleblower Office refers the claim to the appropriate 
operating division. 

Claim process step: Step 3; Operating division subject matter expert 
(SME) review; 
Step description: SMEs perform an initial assessment to determine 
whether the allegation is worthwhile to pursue and ensure that 
documents received are not privileged; 
Potential outcomes: 
(1) The SME rejects the claim as something IRS will not pursue; 
whistleblower receives a Whistleblower Office rejection letter--case 
closed; or; 
(2) The SME forwards the claim to the operating division examination 
function. 

Claim process step: Step 4; Operating division classification and 
examination; 
Step description: The operating division determines how a claim fits 
into its overall examination workload, may perform an examination, and 
determines the change in tax assessment, if any; when completed, 
operating division sends award claim file to the Whistleblower Office; 
Potential outcomes: 
(1) An examination is not included in the workload for various 
reasons, such as other priority examinations or the issue was reviewed 
in a prior examination; the case is sent back to the Whistleblower 
Office; whistleblower receives a Whistleblower Office rejection 
letter--case closed; or; 
(2) An examination concludes with no change in tax assessment; 
award claim file is sent back to the Whistleblower Office; 
whistleblower receives a Whistleblower Office rejection letter--case 
closed; or; 
(3) An examination concludes with a revised assessment for the 
taxpayer. 

Claim process step: Step 5; Appeals and collections; 
Step description: 
(1) The taxpayer may appeal the assessment within IRS or the courts; 
or; 
(2) The taxpayer pays the tax and, if any, penalties and interest; 
Potential outcomes: 
(1) The taxpayer wins the appeal and has no change in tax liability; 
whistleblower receives a Whistleblower Office rejection letter--case 
closed; or; 
(2) The taxpayer loses the appeal or does not appeal; IRS collects 
monies. 

Claim process step: Step 6; Taxpayer right to request refund; 
Step description: Taxpayers have the right to request a refund within 
2 years from the date the tax was paid; 
Potential outcomes: The Whistleblower Office waits to make an award 
determination until the allowable time for the taxpayer to request a 
refund has expired, which is typically 2 years. 

Claim process step: Step 7; Whistleblower Office final review; 
Step description: The Whistleblower Office determines an award 
percentage and notifies the whistleblower of the intended award amount; 
Potential outcomes: (1) The determination shows the whistleblower's 
information did not contribute to any tax recovery; whistleblower 
receives a Whistleblower Office rejection letter--case closed; 
or; 
(2) The whistleblower receives a notification letter indicating the 
intended award. 

Claim process step: Step 8; Award payment; 
Step description: The Whistleblower Office pays the whistleblower; 
Potential outcomes: Whistleblower is paid a taxable sum--case closed. 

Source: GAO analysis of IRS documents and Internal Revenue Manual. 

[End of table] 

Whistleblower awards are mandatory if IRS takes administrative or 
judicial action that results in collected proceeds based on the 
whistleblower's information. IRS is clarifying the definition of 
collected proceeds. Currently, the Internal Revenue Manual section on 
whistleblower awards defines collected proceeds as only new monies 
collected.[Footnote 9] Recently, IRS issued proposed regulations that 
would clarify the definition of collected proceeds to include denials 
of refunds and reductions in overpayment credit balances when 
calculating a whistleblower's award.[Footnote 10] If IRS pays an award 
to a whistleblower, its policy is to withhold 28 percent in tax from 
all whistleblower payments, as award payments are taxable income. 
[Footnote 11] IRS withholds tax to reduce the risk of tax underpayment 
on what can potentially be large amounts of income. 

At the federal level, there are several other agencies that offer 
awards for those who bring forth information that could lead to the 
government recouping money. The Department of Justice receives 
allegations of fraud against the government under the False Claims 
Act, although tax cases are specifically excluded. The False Claims 
Act includes a qui tam provision that allows whistleblowers to pursue 
claims on behalf of the government if the government elects not to 
proceed on the claims brought by the whistleblower. The Centers for 
Medicare and Medicaid Services offers awards to those who provide 
information on health care fraud. The Securities and Exchange 
Commission and the Commodity Futures Trading Commission are each 
implementing whistleblower programs and consulted IRS for advice. 
[Footnote 12] Three states--New York, Florida, and Texas--also have 
tax whistleblower reward programs. New York's program has a tax qui 
tam provision that was enacted in August 2010. Oregon also has a tax 
whistleblower reward statute, but the program is inactive. 

Whistleblower Claims Can Take Years to Process but the Whistleblower 
Office Does Not Have Complete Data on Claim Processing Time: 

Whistleblower claims can take years to go through the IRS review and 
award determination process. For example, as of April 25, 2011: 

* about 66 percent of claims submitted in the first 2 years of the 
program, fiscal years 2007 and 2008, were still in process; 

* less than 7 percent of claims submitted in fiscal years 2007 and 
2008 that were still in process were in the Whistleblower Office final 
review or Whistleblower Office award evaluation steps; and: 

* 447 claims submitted in fiscal year 2010 had been in the 
Whistleblower Office initial claim review step at least 200 days. 

For each year since 2007, table 3 shows the number of claims at each 
step of the review process as tracked within E-TRAK, a claim 
management information system IRS developed and launched in January 
2009. The table does not include claims receiving awards because of 
IRS's concerns about disclosing tax information. 

Table 3: Status of Whistleblower Claims by Identified Taxpayers by 
Year of Claim Receipt, Fiscal Years 2007 to 2011: 

Total number of whistleblowers: 
FY 2007: 50; 
FY 2008: 362; 
FY 2009: 430; 
FY 2010: 389; 
FY 2011[A]: 156; 
Total: 1,387. 

Total claims (taxpayers identified by whistleblowers): 
FY 2007: 561; 
FY 2008: 1,183; 
FY 2009: 2,016; 
FY 2010: 5,358; 
FY 2011[A]: 422; 
Total: 9,540. 

Number of claims rejected: 
FY 2007: 24; 
FY 2008: 574; 
FY 2009: 537; 
FY 2010: 140; 
FY 2011[A]: 11; 
Total: 1,286. 

Number of claims in process: 
FY 2007: 537; 
FY 2008: 609; 
FY 2009: 1,479; 
FY 2010: 5,218; 
FY 2011[A]: 411; 
Total: 8,254. 

Number of claims in process: Whistleblower Office initial claim review; 
FY 2007: 0; 
FY 2008: 0; 
FY 2009: 0; 
FY 2010: 447; 
FY 2011[A]: 121; 
Total: 568. 

Number of claims in process: Operating division SME review; 
FY 2007: 2; 
FY 2008: 73; 
FY 2009: 117; 
FY 2010: 933; 
FY 2011[A]: 157; 
Total: 1,282. 

Number of claims in process: Criminal Investigation review; 
FY 2007: 2; 
FY 2008: 4; 
FY 2009: 17; 
FY 2010: 18; 
FY 2011[A]: 3; 
Total: 44. 

Number of claims in process: Operating division examination; 
FY 2007: 498; 
FY 2008: 274; 
FY 2009: 541; 
FY 2010: 425; 
FY 2011[A]: 121; 
Total: 1,859. 

Number of claims in process: Taxpayer Appeals; 
FY 2007: 7; 
FY 2008: 3; 
FY 2009: 6; 
FY 2010: 2; 
FY 2011[A]: 0; 
Total: 18. 

Number of claims in process: Whistleblower Office final review; 
FY 2007: 12; 
FY 2008: 52; 
FY 2009: 98; 
FY 2010: 45; 
FY 2011[A]: 2; 
Total: 209. 

Number of claims in process: Whistleblower Office award evaluation; 
FY 2007: 1; 
FY 2008: 12; 
FY 2009: 19; 
FY 2010: 4; 
FY 2011[A]: 0; 
Total: 36. 

Number of claims in process: Claim suspended[B]; 
FY 2007: 15; 
FY 2008: 191; 
FY 2009: 681; 
FY 2010: 3,344[C]; 
FY 2011[A]: 7; 
Total: 4,238. 

Source: GAO analysis of IRS data. 

Note: E-TRAK currently tracks claims by taxpayers identified. Some 
whistleblowers submit information on multiple taxpayers in one 
submission. For approximately 200 submissions made prior to July 2008, 
E-TRAK assigned multiple taxpayers to one claim. The data in the 
table, therefore, generally refer to the number of alleged 
noncompliant taxpayers and not the number of whistleblowers, except in 
the row labeled Total number of whistleblowers. All data are as of 
April 25, 2011, and do not include data on claims receiving awards. 

[A] Fiscal year 2011 covers the period from October 1, 2010, through 
April 25, 2011. 

[B] Suspended claims are those that are awaiting action outside of 
IRS's or the Whistleblower Office's control. Claims may be classified 
as suspended during the collections process or while the Whistleblower 
Office waits for the statute of limitations for taxpayers to request 
refunds to expire. Claims may also be suspended if a submission 
involved more than one taxpayer and IRS has yet to complete all 
related taxpayer examinations. E-TRAK does not actively track the 
reasons why claims are suspended. 

[C] In fiscal year 2010, the Whistleblower Office received one 
whistleblower submission that identified more than 3,000 taxpayers. 
Most of these taxpayer claims were placed in suspended status while 
the operating divisions evaluate if they will pursue a claim for each 
identified taxpayer. 

[End of table] 

According to Whistleblower Office and operating division officials, it 
can take IRS significant time to review and examine whistleblower 
claims for various reasons. 

* Some whistleblower claims are highly complex and are submitted with 
large amounts of supporting documentation. Evaluating large amounts of 
data is time-consuming. 

* Both the Whistleblower Office and the SMEs need to understand the 
relationship between a whistleblower and a target taxpayer in order to 
make determinations about the qualifications of the claim. For 
example, certain individuals are not eligible for awards under the 
expanded whistleblower program, including federal employees who learn 
of tax noncompliance in the course of their work activities or 
individuals who are current representatives, such as attorneys or 
accountants, of a targeted taxpayer. 

* SMEs review information that whistleblowers provide to determine if 
it may be tainted, meaning it may be subject to attorney-client 
privilege or any other legal protections that would preclude IRS from 
using it in an examination. If SMEs determine that information may be 
tainted, the Office of Chief Counsel reviews the claim and determines 
which documents should and should not be forwarded to an examination 
team. 

* SMEs can request debrief meetings with whistleblowers to clarify the 
tax noncompliance issues alleged or to determine the source of 
submitted information to ensure it is not privileged. According to 
operating division officials, arranging and holding these meetings can 
add time to the SME review process; for example, if IRS counsel is not 
immediately available or whistleblowers need to arrange to travel to 
an IRS office. 

* SMEs have other work priorities that may delay their review of 
whistleblower claims. SMEs may have expertise in specific areas of tax 
compliance, such as employment tax or estate and gift tax. LB&I, 
SB/SE, and TE/GE have between 7 and 10 SMEs each; they do not work 
exclusively on whistleblower claims and support other examinations and 
IRS programs.[Footnote 13] 

* Within the examination step, operating divisions do not prioritize 
whistleblower claims; they are treated the same as all other 
examinations.[Footnote 14] According to IRS officials, each claim 
should rise on its own merits alongside other cases that have been 
selected for examination by other programs. 

After the examination step, whistleblowers will likely still have to 
wait several years before IRS can determine if they are due an award 
due to factors outside the Whistleblower Office's control. Taxpayers 
can appeal IRS's assessment of tax, and if a taxpayer and IRS cannot 
reach agreement on the outcome of the case through the appeals 
process, the taxpayer may have the case reviewed by the U.S. Tax 
Court, U.S. Court of Federal Claims, or a U.S. district court. 
Furthermore, the Whistleblower Office generally does not pay claims 
until after IRS collects all proceeds from taxpayers, the 2 years 
taxpayers are granted to request refunds of their payments has 
elapsed, and in some cases, IRS has completed all taxpayer 
examinations resulting from a single award claim form (Form 211). 
Whistleblower Office officials said that the 2-year wait was important 
because taxpayers, regardless of whether they were the subject of a 
whistleblower investigation, have the right to request a refund, even 
on issues that whistleblowers identified.[Footnote 15] Likewise, the 
officials said that waiting until all claims under one submission are 
complete can be to the benefit of whistleblowers if, for example, 
claims only meet the disputed tax amount criteria for the expanded 
program when considered in aggregate.[Footnote 16] Other than for 
claims being appealed, IRS classifies these types of claims in E-TRAK 
as suspended. Table 3 provides data on the number of claims that were 
in suspended status as of April 25, 2011. 

We also identified other factors that could affect claim processing 
times. As discussed, Whistleblower Office analysts and SMEs review the 
relationship of a whistleblower to a targeted taxpayer when assessing 
the credibility of information whistleblowers provide. Although Form 
211 asks whistleblowers to explain their relationship to target 
taxpayers, the question is part of a broader question asking 
whistleblowers to describe the documents they provided. Operating 
division SMEs told us that sometimes the relationship information is 
not provided or is included within the attached documents, where it 
can take significant time to find and understand the relationship. 
Furthermore, Form 211 does not ask other questions that help IRS 
evaluate whistleblowers' submissions, such as if the whistleblowers 
have supplied the same information to other government agencies, 
submitted all information they have supporting a claim, or are federal 
employees. Operating division officials told us that having this 
relationship and other information more clearly identified at the 
beginning of the whistleblower claim review process could help them 
process claims more efficiently. 

The Whistleblower Office Does Not Have Complete and Accurate Data on 
Claims Processing, Including Time in Each Step: 

Although table 3 highlights the length of time taken to review claims, 
the Whistleblower Office does not collect complete and accurate data 
in E-TRAK about several aspects of claims processing that could be 
used to manage the whistleblower program. For example, the 
Whistleblower Office and operating divisions do not have complete data 
on the length of time claims spend at each step of the review process 
to inform the decision making for establishing appropriate review time 
targets. We requested aggregate data on the median time claims spend 
in each step by fiscal year of claim receipt and data on how often the 
Whistleblower Office and subject matter experts complete the initial 
reviews within a given number of days, but Whistleblower Office 
officials told us time data from E-TRAK would be incomplete for 
various reasons. 

First, the Whistleblower Office does not update E-TRAK with data on 
time taken for each step for all claims. If one submission includes 
claims for multiple taxpayers, the Whistleblower Office updates time 
information for only one master claim within the submission and 
references all related claims to the master claim. E-TRAK records time 
data for related claims only if the time in a step for a related claim 
diverges from that of the master claim. Without significant data 
analysis, Whistleblower Office officials are not able to determine how 
often this divergence occurs. Therefore time data cannot be reported 
on a per-claim or per-whistleblower-submission basis, but can be 
reported as a combination of the two. 

Second, IRS did not consistently record time data for submissions 
before the introduction of E-TRAK in January 2009.[Footnote 17] Time 
data on claims that completed each step before this date are 
incomplete; while time data may have been recorded for some 
submissions, it was not required for all submissions. Whistleblower 
Office officials stated that E-TRAK was designed to be a claim 
management tool to track claim progress rather than one designed to 
report and monitor overall program performance. According to one 
Whistleblower Office official, IRS does not use aggregate time 
information in the day-to-day operations of the program and, 
therefore, did not build these capabilities into E-TRAK when designing 
it. Because E-TRAK already has the data field available for tracking 
time information, the cost of tracking such information for all claims 
would be limited to the time needed for analysts to input the 
additional data field in the claim file. 

Other aspects of E-TRAK limit the accuracy of Whistleblower Office 
data. For example, E-TRAK may show more time than is accurate for some 
claim review process steps because of E-TRAK's method for accounting 
for certain events. The Whistleblower Office can perform an initial 
review and assign a claim to a SME for review. If a SME later returns 
the claim to the Whistleblower Office to be reassigned to a different 
operating division, E-TRAK does not reset the day count on how long 
the claim has been with the Whistleblower Office. E-TRAK will show the 
day count for Whistleblower Office initial review as the time the 
claim was received until the time the claim was reassigned to the 
second operating division for review. Similarly, if a SME requests 
legal advice from Chief Counsel's Office, E-TRAK continues to count 
the time the claim is with Chief Counsel's Office as being with the 
SME. As such, E-TRAK data can make it appear that claims spend more 
time in certain steps than they actually spend, making it difficult 
for management to have an accurate picture of the program's operations 
and make informed resource allocation decisions. 

The Whistleblower Office only began tracking the point in the process 
at which whistleblower claims were rejected in January 2009, when E- 
TRAK was introduced. As table 2 showed, IRS can reject whistleblower 
claims at almost any point in the process. For example, claims may not 
fit the criteria for the award program, IRS may already have the 
information the whistleblower submitted, or an examination may result 
in no change in tax assessed, among other reasons. Table 4 shows the 
breakdown of when in the process IRS rejected claims. Of the claims 
where the rejection step was tracked, over half were rejected after 
examination in the Whistleblower Office final review. All claims that 
were rejected before January 2009 are labeled as not tracked in table 
4. 

Table 4: Rejected Claims by Taxpayers Identified by Step in Process 
Where Rejection Occurred, Fiscal Year 2007 to 2011: 

Step in process: Whistleblower Office initial review; 
Total number of claims rejected: 153. 

Step in process: SME review; 
Total number of claims rejected: 156. 

Step in process: Examination; 
Total number of claims rejected: 1. 

Step in process: Suspended; 
Total number of claims rejected: 115. 

Step in process: Whistleblower Office final review[A]; 
Total number of claims rejected: 503. 

Step in process: Not tracked[B]; 
Total number of claims rejected: 358. 

Step in process: Total; 
Total number of claims rejected: 1,286. 

Source: GAO analysis of IRS data. 

Note: Fiscal year 2007 data begins with the program's inception date 
of December 20, 2006. Fiscal year 2011 data includes data through 
April 25, 2011. 

[A] Generally, IRS does not reject claims in the examination step. 
When IRS completes an examination, examiners send an award claim file 
to the Whistleblower Office and the Whistleblower Office analysts 
determine how useful the whistleblower's information was to the 
examination outcome based on information the examiner provided. The 
Whistleblower Office rejects claims where an examination concluded 
with no change in assessment or where a whistleblower's information 
did not contribute to an examination. 

[B] Claims rejected before January 2009 were not tracked by the step 
in the review process where rejection occurred and are listed in the 
table as "not tracked." 

[End of table] 

Although the Whistleblower Office has begun to track the step in the 
claim review process at which claims are rejected, E-TRAK does not 
include data fields for tracking the reasons why claims are rejected, 
although the information is contained in the text fields of the claim 
files. Without reviewing all closed claims, Whistleblower Office 
management cannot know how frequently claims are rejected for each 
reason. Tracking this information could help the Whistleblower Office 
make some program management or resource allocation decisions and in 
reporting information. For example, whistleblower attorneys we 
interviewed were concerned that claims that take years to process risk 
being rejected because the statute of limitations for assessment may 
expire before IRS completes an examination.[Footnote 18] Whistleblower 
Office officials could not provide E-TRAK data on the exact number of 
times claims are rejected because the statute has expired because E- 
TRAK does not track why claims are rejected, but they stated that it 
is not a frequent outcome.[Footnote 19] Without data in E-TRAK on 
rejection reasons, the Whistleblower Office cannot know how frequently 
claims are rejected because the statute has expired. Whistleblower 
Office officials said that while this information would be helpful, 
collecting it is not yet a priority. 

Furthermore, IRS could not provide data on specific reasons why claims 
were suspended because E-TRAK only tracks this information in the 
comments section of claim files, which do not require standardized 
language to allow for accurate searching, according to a Whistleblower 
Office official. Without this data in E-TRAK, Whistleblower Office 
officials did not know how many claims were in the 2-year period 
during which the taxpayer can request a refund. Having such 
information may aid the Whistleblower Office in planning for future 
work related to likely award payments. Adding a field to E-TRAK to 
capture both reasons why claims are in suspended status and why they 
were rejected would likely require limited resources to reprogram E-
TRAK.[Footnote 20] Additional limited resource needs would include the 
time needed for analysts to input the reason when updating the claim 
file. 

Having more complete data available to Whistleblower Office management 
would be consistent with key internal control standards for 
maintaining relevant and reliable information to help agencies achieve 
their objectives.[Footnote 21] Without complete and accurate data on 
claim processing time, the Whistleblower Office may not be able to 
identify certain aspects of the program, if any, that could be 
improved to increase claim processing efficiency. Moreover, according 
to IRS's overall strategic goals for 2009-2013, the agency should act 
quickly to initiate compliance contacts, complete audits, and collect 
taxes in order to reduce the administrative burden on IRS and reduce 
overall costs, such as penalties and interest, for the taxpayer. This 
lack of complete data limits the Whistleblower Office's ability to 
provide program information to Congress and the whistleblower 
community, which may erode confidence in the program. 

The Whistleblower Office Does Not Have a Systematic Process to Manage 
the Timeliness of All the Processing Steps It Oversees: 

Whistleblower claims can take years to process due in part to steps 
(some required) outside the Whistleblower Office's control, such as 
examinations of taxpayers' returns, taxpayer appeals, and taxpayer 
rights to request a refund up to 2 years after making a payment. 
However, the Whistleblower Office can do more to manage the time taken 
for the parts of the process it does influence. The Whistleblower 
Office and some operating divisions have time targets for their 
initial claim reviews; however, other operating divisions do not have 
targets and the Whistleblower Office does not have a systematic 
process to check in on claims once they are with the operating 
divisions for review. To monitor the time taken for the Whistleblower 
Office initial claim review step, the Whistleblower Office established 
a target of 60 days to review a claim. Claims in the Whistleblower 
Office initial review step more than 60 days are flagged in E-TRAK, 
which triggers an inquiry by Whistleblower Office analysts and 
management to determine and validate the reason for the delay. SB/SE 
and CI have targets for SME reviews, at which point claims that 
eclipse the target are flagged for follow-up. SB/SE's target, which 
was formally established in March 2011, is a series of 30-day targets 
for various activities of the SME review process, such as the process 
for reviewing information for taint concerns and optional debrief 
meetings with whistleblowers. SB/SE's overall target is 240 days and 
CI's target is 90 days to perform the initial SME review. 
Whistleblower Office officials could not provide complete data on how 
often claims meet these targets. 

LB&I and TE/GE do not have targets for how long initial reviews should 
take, although TE/GE policy directs SMEs to follow up on all claims at 
least once quarterly and LB&I SMEs report to their managers on claims 
over 200 days old. 

The Whistleblower Office does not have a systematic process to check 
in with the operating divisions to review claims based on the length 
of time they have been in the SME review step, and the operating 
divisions do not have full access to E-TRAK to be able to generate 
reports on claims assigned to them. Without a systematic process to 
check in on all claims, the Whistleblower Office risks having claims 
not receiving the attention or resources they need to be completed, 
and operating division management may not have the information needed 
to make effective SME resource allocation decisions. Whistleblower 
Office officials told us they send a list of claims inventory to each 
operating division monthly, ordered by oldest claim first. They 
further stated that this report is only for informational purposes 
because the Whistleblower Office does not have the resources to check 
in with the operating divisions regularly on specific claims. 
Operating division officials told us they do not receive this report 
monthly but may receive it quarterly, or sometimes less frequently. 
Some SMEs have had access to E-TRAK to update information since 
September 2010, but they are limited in what information they can 
input or search, making it incumbent on the Whistleblower Office to 
provide to them certain data about assigned claims. The Whistleblower 
Office plans to allow SMEs greater access to E-TRAK in the future. For 
example, LB&I officials told us they are working with the 
Whistleblower Office to expand their E-TRAK access to allow them to 
directly run their own reports from E-TRAK, including reports that 
could show claims that have been in the SME review step the longest. 

Restrictions on Disclosing Tax Information Limit IRS Communication on 
Specific Claims, but Increased Communication on Overall Results Could 
Improve Program Transparency: 

IRS is limited in what information it can share with whistleblowers 
and other stakeholders throughout the whistleblower claim process. 
Section 6103 of the Internal Revenue Code prohibits the unauthorized 
disclosure of tax information.[Footnote 22] According to IRS, 
disclosing to a whistleblower that IRS is examining a taxpayer reveals 
tax information; therefore, IRS does not inform whistleblowers on the 
progress of their claim other than to confirm that the claim is either 
open or closed. Furthermore, IRS does not publicly report or comment 
on specific whistleblower awards, which it also considers to be tax 
information. IRS will report only on aggregate whistleblower award 
information once the Whistleblower Office has paid a number of awards 
sufficient to avoid improper disclosure. 

Because section 6103 restricts IRS in the amount of information it can 
share with whistleblowers and whistleblower claims can take years to 
resolve, whistleblowers may not hear from the Whistleblower Office for 
years once claims are accepted. According to Whistleblower Office 
officials, even though IRS tells whistleblowers about the restrictions 
on providing status updates and the potential for claims to take years 
to complete, the Whistleblower Office fields numerous calls daily from 
whistleblowers asking for updates on the status of their claims. 
Several times per month, the Whistleblower Office also responds to 
members of Congress asking for status updates on behalf of 
whistleblowers who are their constituents. The Whistleblower Office 
responds to these requests only by stating if a claim is open or 
closed. Responding to these types of requests diverts Whistleblower 
Office resources from processing claims. 

During the Whistleblower Office and SME initial reviews and 
examination, IRS has little contact with whistleblowers. Operating 
divisions may offer debrief meetings to whistleblowers to clarify 
information about their submissions, but these meetings may be the 
only interaction between IRS and whistleblowers until IRS rejects a 
claim or decides to issue an award. Examiners do not actively involve 
whistleblowers in their work because they need to build their case 
independent of the whistleblower's involvement to be able to 
corroborate the information provided and to ensure they do not receive 
tainted information. 

There are some statutory exceptions to section 6103 that allow IRS to 
disclose tax information when it is necessary in conducting 
investigations and gathering information to administer the tax code. 
Under section 6103(k)(6), IRS may disclose taxpayer return information 
to a whistleblower to the extent necessary for investigative 
purposes.[Footnote 23] Another exception, section 6103(n), allows IRS 
to enter into contracts with outside parties for services for purposes 
of tax administration. IRS could enter into a section 6103(n) contract 
with whistleblowers for analytic services and could disclose tax 
information necessary to obtain those services.[Footnote 24] 
Whistleblowers who enter into section 6103(n) contracts must comply 
with IRS's safeguards of tax information and are subject to statutory 
civil and criminal penalties for unauthorized disclosure, which 
include fines and jail time. If IRS discloses tax information to 
whistleblowers under section 6103(k)(6), whistleblowers would not be 
subject to penalties for unauthorized disclosure. 

The decision to enter into section 6103(n) contracts rests with the 
operating divisions; it is not directed by Chief Counsel or the 
Whistleblower Office, although they may provide advice to the 
operating divisions. Section 6103(n) contracts are intended to be used 
rarely by IRS in processing whistleblower claims,[Footnote 25] and as 
of April 28, 2011, IRS had not entered into any contracts with 
whistleblowers. Operating division officials stated they have not yet 
had a claim that necessitated this increased level of interaction with 
a whistleblower to gather information about the taxpayer. 

According to operating division, Chief Counsel, and Whistleblower 
Office officials, IRS does not have specific criteria for when a 
section 6103(n) contract should be offered to a whistleblower, other 
than it should be used rarely. According to IRS officials, each claim 
needs to be examined based on its facts and circumstances and 
generally IRS has the authority and tools to collect any information 
that a whistleblower could bring forward. Although no section 6103(n) 
contracts have been offered, IRS officials told us that one situation 
where a section 6103(n) contract would be useful is if, in the course 
of an examination, a taxpayer provided documents or testimony to IRS 
that contradicted information a whistleblower provided. IRS agents 
could use a section 6103(n) contract to share some tax information 
with the whistleblower in investigating the inconsistency. 

Also, rejection letters IRS sends to whistleblowers do not state why 
IRS denied a request for an award. IRS officials told us that to 
provide the reason would violate section 6103. For example, the 
Whistleblower Office may reject a claim because an examination did not 
result in an additional tax assessment, but sharing this fact with the 
whistleblower discloses that IRS conducted an examination. 
Whistleblowers whose claims for awards are denied can challenge IRS's 
decision in U.S. Tax Court, although it is uncertain if they will 
learn the reason for the claim rejection during the appeal process. 
[Footnote 26] According to Whistleblower Office officials, 
whistleblowers have appealed more than 20 award denials under the 
expanded whistleblower program and they expect the frequency of these 
appeals to increase. 

According to whistleblower attorneys we interviewed, whistleblowers 
can be frustrated by the lack of communication from IRS regarding 
their claims. Because some whistleblowers risk their careers by filing 
a claim, they want to know that IRS is maximizing the information they 
provide. The attorneys said that IRS not interacting with the 
whistleblower for long periods of time and not using whistleblowers as 
resources during investigations discourages whistleblowers and may 
deter some from coming forward with claims, although we could not 
verify the latter point. 

The Director of the Whistleblower Office told us that many of the 
steps IRS takes in the whistleblower process, including limiting 
interaction with the whistleblower, are aimed at protecting all 
interested parties--the privacy of the taxpayer's information, the 
identity of the whistleblower, and the integrity of the IRS 
examination. For example, IRS examiners need to build cases 
independent of whistleblowers and corroborate all of the information 
whistleblowers provide. This independent process ensures that 
examinations are not overly influenced by whistleblowers who have a 
financial stake in the outcome of examinations; that the identity of a 
whistleblower is not disclosed; and that taxpayers receive fair and 
defensible examinations. 

One mechanism through which the Whistleblower Office communicates 
program progress and outcomes to the whistleblower community is the 
Whistleblower Office's annual report to Congress, which outlines the 
program's operations for a given fiscal year. This report, which is 
required by the act that established the Whistleblower Office, is to 
include an analysis of the program's operations and outcomes and any 
legislative or administrative recommendations on how to improve the 
program. The act does not specify what data IRS should include in the 
report. The reports issued to date contain limited data on claims 
submitted to the expanded whistleblower program. For example, the 2010 
annual report, the most recent report available, included the number 
of whistleblowers and the number of taxpayers identified, but did not 
provide data on the time taken for claims to move through the process 
or specific information on rejected claims. The lack of such data 
limits Congress's ability to effectively oversee the program. 
Reporting such additional data could also improve the transparency of 
the program, which may result in additional whistleblowers coming 
forward. 

Some Whistleblower Attorneys Said Award Payment Issues May Discourage 
Whistleblowers: 

As IRS begins paying awards under the expanded whistleblower program, 
some in the whistleblower community are frustrated by some issues that 
they see as unfair to whistleblowers. For example, according to 
whistleblower attorneys we spoke with, net operating loss (NOL) 
carryforwards remain an issue with the whistleblower program because 
they are excluded from the definition of collected proceeds.[Footnote 
27] If a whistleblower's information results in a reduction in NOL, 
IRS may not realize a financial benefit for years until the company 
has a positive tax liability. If the NOL is not exhausted within 10 
years or the taxpayer goes bankrupt, IRS may never realize a financial 
benefit. When whistleblowers bring information to the IRS, they may 
not know the NOL position of the taxpayer on whom they are blowing the 
whistle. According to whistleblower attorneys, denying an award 
because a targeted taxpayer has a NOL carryover is inherently unfair 
if IRS eventually receives a financial benefit when the NOLs are 
exhausted. Some of the attorneys noted that this issue may discourage 
whistleblowers from coming forward because it adds additional 
uncertainty to the process and may make submitting a claim not worth 
the risks to their careers. IRS officials told us that they plan to 
develop further guidance on collected proceeds and NOLs. 

Furthermore, according to the attorneys, IRS's 28 percent tax 
withholding policy on expanded whistleblower program award payments 
could result in IRS overwithholding taxes for some whistleblowers, 
especially those who are represented by attorneys. Attorney fees, 
which may be 30 percent or more of the total award, are deductible 
from gross income and reduce the taxable amount of an award. IRS 
previously did not withhold taxes on payments made under the original 
whistleblower program, where awards have been capped at $10 million, 
but it has recently begun withholding on any awards totaling over 
$10,000. Overwithheld funds can be refunded when the whistleblower 
files a tax return for the tax year of the award, but there could be a 
year or more between award payment and the refund of the overwithheld 
portion of the award. IRS does not have a process in place to 
negotiate an adjusted withholding rate with whistleblowers based on 
their individual circumstances because the ability to deduct attorney 
fees is dependent on whistleblowers paying their attorney after 
receiving awards, which may not always happen. Whistleblower Office 
officials told us they would rather have a single rate that applies to 
all whistleblowers paid more than $10,000 than become involved in the 
independent relationship between whistleblowers and their attorneys. 

Other Agencies and Whistleblower Attorneys Identified Options That 
Could Potentially Improve IRS's Whistleblower Program but Involve 
Trade-Offs: 

Federal and state whistleblower programs we reviewed have features 
with potential benefits that could improve IRS's expanded 
whistleblower program. Whistleblower attorneys we interviewed also 
suggested changes they thought could improve the program. Based on 
these program reviews and interviews, we compiled options that could 
apply to IRS's whistleblower program, analyzed their potential 
advantages and disadvantages, and identified strategies that could 
mitigate the disadvantages.[Footnote 28] These options, along with the 
advantages, disadvantages, and mitigation strategies, are presented in 
table 5, approximately in order of their place in the whistleblower 
claim review process. 

Table 5: Options to Enhance IRS's Whistleblower Program, Their 
Potential Advantages and Disadvantages, and Potential Strategies for 
Mitigating Disadvantages: 

Option and programs utilizing the option: Increase initial vetting; 
* Texas Informant's Recovery Program conducts significant initial 
research, leading to investigation of a small percentage of claims; 
Potential advantages: 
* Could weed out claims that are likely to be rejected later in the 
process, increasing the likelihood that examinations yield revenue; 
Potential disadvantages: 
* Resource constraints limit the Whistleblower Office's ability to 
increase vetting; 
* Benefit of reviewing claims earlier in the process is uncertain; 
Potential strategies for mitigating disadvantages: 
* Developing criteria for claims more likely to generate awards could 
expedite claim processing. 

Option and programs utilizing the option: Implement time targets for 
SME review process; 
* Texas Informant's Recovery Program asks for the audit to be 
complete--or provide a reason why it is not complete--within 6 months; 
* The Department of Justice has 60 days to accept or decline False 
Claims Act claims, with options for extension with court approval; 
Potential advantages: 
* Could help ensure that claims are completed in a timely fashion; 
* Could aid in ensuring that the statute of limitation does not expire; 
Potential disadvantages: 
* Time targets often are recommendations with no consequences for not 
meeting them; 
* Needed review time may vary widely based on the facts and 
circumstances of each claim; 
* Time targets could create negative incentives to rush the processing 
of a claim and not be as thorough with it; 
Potential strategies for mitigating disadvantages: 
* An action--such as approval or a check-in by the Whistleblower 
Office--could be required if the time target is eclipsed. 

Option and programs utilizing the option: Implement "checkpoints" for 
the Whistleblower Office to monitor claims that have eclipsed a 
recommended time target; 
* No other programs; 
Potential advantages: 
* Could help ensure that claims are completed in a timely fashion; 
* Could aid in ensuring that the statute of limitation does not expire; 
* Allows for flexibility in length of time a claim takes to process; 
Potential disadvantages: 
* Because the Whistleblower Office would only be inquiring on the 
status of a claim, would not necessarily lead to quicker processing; 
Potential strategies for mitigating disadvantages: 
* After the check-in, agreed upon actions between operating divisions 
and the Whistleblower Office could prompt action on a claim. 

Option and programs utilizing the option: Regularly communicate claim 
progress to whistleblower; 
* Commodity Futures Trading Commission plans to regularly update 
whistleblowers on their claim status; 
Potential advantages: 
* Could reduce information solicitations from whistleblowers, freeing 
up Whistleblower Office resources; 
* Might provide a method of holding IRS accountable; 
Potential disadvantages: 
* Tax information may be improperly disclosed; 
* Benefit may be limited if whistleblowers do not change behavior with 
additional information; 
* Section 6103(n) contracts would not allow for sharing of claim 
status because it does not show a benefit to tax administration; 
Potential strategies for mitigating disadvantages: 
* Amend section 6103 to allow for sharing of claim progress 
information with whistleblowers with sanctions for redisclosure. 

Option and programs utilizing the option: Increase interaction with 
whistleblowers during investigation process; 
* Securities and Exchange Commission intends to interact with 
whistleblowers during the investigation process where appropriate; 
* The Florida Department of Revenue allows for interaction with 
whistleblower during an investigation, but rarely uses it; 
Potential advantages: 
* Whistleblowers' intimate knowledge of the information they provide 
and the targeted taxpayers could help IRS conduct examinations; 
Potential disadvantages: 
* Tax information may be improperly disclosed; 
* Over reliance on whistleblower information may impact the 
independence of the investigation; 
Potential strategies for mitigating disadvantages: 
* IRS could utilize a section 6103(n) contract to help prevent 
redisclosure of tax information and impose strict penalties for doing 
so. 

Option and programs utilizing the option: Communicate reason for claim 
rejection to whistleblowers; 
* Centers for Medicare and Medicaid Services' Incentive Rewards 
Program provides information to informants on the reason their claim 
was rejected; 
Potential advantages: 
* Could cut down on whistleblowers appealing rejections in court; 
Potential disadvantages: 
* Tax information may be improperly disclosed if additional 
information is shared; 
* Section 6103(n) contracts would not allow for sharing of claim 
rejection reasons because it does not show a benefit to tax 
administration; 
Potential strategies for mitigating disadvantages: 
* Providing aggregate information to Congress and the public in the 
annual report could provide common reasons claims are rejected; 
* Section 6103 could be amended to allow IRS to communicate rejection 
reasons to whistleblowers with sanctions for redisclosure. 

Option and programs utilizing the option: Add a qui tam provision to 
allow whistleblowers to pursue claims independently; 
* Department of Justice/False Claims Act; 
* New York Attorney General's Bureau of Taxpayer Protection - False 
Claims Act; 
Potential advantages: 
* Could provide accountability for IRS to make timely decisions on 
whether to pursue claims; 
* Could leverage resources of outside counsel in processing 
whistleblower claims; 
Potential disadvantages: 
* Could increase the risk of abuse of the whistleblower program, as 
individuals could pursue meritless claims; 
* Claims filed in court are part of the public record, which could 
result in the disclosure of tax information; 
* Qui tam tax claims would likely target specific acts whereas IRS 
examines a taxpayer's entire tax return; 
Potential strategies for mitigating disadvantages: 
* As with some False Claims Act claims, tax claims could be filed 
"under seal" of the court to avoid disclosure; 
* Requiring a high dollar threshold for underpayment could reduce the 
number of meritless claims. 

Option and programs utilizing the option: Public communication of 
awards decisions; 
* Department of Justice/False Claims Act; 
Potential advantages: 
* Could generate increased public awareness of the program, 
potentially leading to increased claims; 
Potential disadvantages: 
* Could result in public disclosure of tax information and notify the 
taxpayer of the existence of a whistleblower; 
Potential strategies for mitigating disadvantages: 
* Decisions could be announced in aggregate without using tax 
information, such as in the annual report to Congress. 

Source: GAO analysis. 

[End of table] 

While there are potential advantages to all identified options, it is 
difficult to determine if the advantages outweigh the disadvantages 
for many options. For options that could involve the disclosure of tax 
information, Treasury guidance states that any proposed exception to 
section 6103 must demonstrate substantial benefits.[Footnote 29] 
Whether informing whistleblowers about why their claims were rejected 
would produce benefits, such as fewer appeals, is unclear. The 
Director of the Whistleblower Office did not see net benefits from 
developing criteria on when section 6103(n) contracts would be 
appropriate or desirable, due to the varying facts and circumstances 
of whistleblower claims. 

Likewise, it is unclear whether greater Whistleblower Office claim 
vetting would improve the efficiency of investigations and what 
additional resources might be needed. Adding a qui tam provision--
which allows autonomy for whistleblowers and their counsel to pursue 
claims independently in court after the agency chooses not to pursue--
could encourage IRS to make more timely decisions on whether to pursue 
a claim. However, a qui tam provision would alter the tax examination 
process in uncertain ways. Because the suit would likely be focused on 
the issue identified by the whistleblower, IRS officials said a qui 
tam provision might favor maximizing the whistleblowers award rather 
than identifying the correct tax liability. 

Conclusions: 

The goal of the expanded whistleblower program is to encourage 
whistleblowers to come forward with information on substantial tax 
underreporting that, collectively, could help IRS reduce the tax gap 
and encourage greater voluntary compliance. For the program to be 
successful, whistleblowers need to have confidence in the program's 
processes and outcomes. IRS's claim review process is designed to 
ensure the integrity of the program, and the many steps involved can 
take years to complete. Some of the steps in the process are 
necessarily outside the Whistleblower Office's control in order to, 
for example, protect the independence of examinations and avoid 
superseding other enforcement priorities. 

However, without more complete data about claim processing time and 
outcomes, IRS has limited information about the efficiency of the 
program. Such data could help IRS management assess the efficiency of 
current processes and evaluate potential improvements. In addition to 
collecting more complete data, establishing time targets for all 
operating division initial reviews and following up on claims that 
exceed these targets could serve to indicate the priority 
whistleblower claims should receive, set expectations for the length 
of time they should generally take to review, and focus attention on 
claims exceeding time targets. 

Other steps could improve whistleblower submissions and reporting to 
Congress. Collecting additional information on Form 211 could aid IRS 
in evaluating whistleblowers' credibility and perhaps speed up the 
claim review process. Including more information in the annual 
Whistleblower Office report to Congress could enhance Congress's 
ability to oversee the program and increase public confidence in the 
program, which could encourage more whistleblowers to submit claims. 

Recommendations for Executive Action: 

To improve the effectiveness of IRS's expanded whistleblower program, 
we recommend the Commissioner of Internal Revenue direct the 
Whistleblower Office Director to take the following seven actions: 

* record time-in-step information for all claims by identified 
taxpayer in E-TRAK; 

* adjust E-TRAK's tracking feature to more accurately count the number 
of days claims remain in each step; 

* track the reasons for claim rejections by broad categories; 

* track the reasons claims are listed as suspended by broad categories; 

* establish a process by which the Whistleblower Office routinely 
follows up on claims that have been in the operating division SME 
initial review step more than a targeted number of days; 

* redesign Form 211 to include stand-alone questions on the following 
information: 

- the relationship of the whistleblower to the target taxpayer, 

- the employer of the whistleblower, 

- whether the whistleblower has submitted the information to any other 
federal or state agencies, and: 

- whether the whistleblower has included all information relevant to 
the claim; and: 

* provide additional summary statistics in future annual reports to 
Congress, including data on the length of time claims remain at each 
step of the review process, data on the length of time from claim 
receipt to payments, reasons for claim rejections, aggregate 
information on awards paid, and total amount of whistleblower payments. 

Further, we recommend that the Commissioner of Internal Revenue direct 
the Commissioners of LB&I and TE/GE to develop targets for how long 
SME reviews should take before being flagged for follow-up. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to the Commissioner of Internal 
Revenue and offered other agencies we spoke with the opportunity to 
comment on the draft. IRS and SEC provided technical comments, which 
we incorporated into the report as appropriate. We received written 
comments from IRS's Deputy Commissioner for Services and Enforcement, 
which are reprinted in appendix II. 

The Deputy Commissioner stated that IRS generally agreed with our 
recommendations, and said it would incorporate the recommendations as 
IRS continues to make improvements to the operating processes and 
procedures of the whistleblower program. The Deputy Commissioner 
noted, however, that resource availability could affect the 
implementation of recommended improvements. He stated that recommended 
modifications to E-TRAK to more accurately reflect program information 
will be considered as part of an overall evaluation of E-TRAK 
adjustments and enhancements, which will begin in the near future, and 
that IRS would make the appropriate improvements as feasible given 
resource constraints and competing priorities. Also, the Deputy 
Commissioner agreed to consider whether time targets for operating 
divisions are appropriate as part of IRS's efforts to ensure that 
subject matter experts' initial review of whistleblower cases is 
completed in a timely manner. IRS will consider including additional 
summary statistical information in its annual report to Congress, but 
did not specify what information. 

We acknowledge that resources must be considered when considering 
improvements to the whistleblower program, but IRS risks not being 
able to maximize the program's effectiveness without implementing the 
recommendations in this report. Collecting more data on review 
timeliness and outcomes and establishing time targets could help IRS 
to make more effective decisions on allocating its resources and aid 
its ongoing program assessment. Congress has expressed concern about 
the limited data available about the whistleblower program and 
including more information and data in the Whistleblower Office annual 
report could improve oversight of, and increase confidence in, the 
program. 

As agreed with your offices, unless you publicly release the contents 
earlier, we plan no further distribution of this report until 30 days 
from its issue date. At that time, we will send copies to the 
Secretary of the Treasury, the Commissioner of Internal Revenue, and 
other interested parties. The report will also be available at no 
charge on the GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-9110 or at whitej@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix III. 

Signed by: 

James R. White: 
Director, Tax Issues Strategic Issues Team: 

[End of section] 

Appendix I: Scope and Methodology: 

To assess how the Internal Revenue Service (IRS) manages the expanded 
whistleblower program, including communicating within IRS, we reviewed 
the Tax Relief and Health Care Act of 2006, which required that IRS 
establish the Whistleblower Office and administer the expanded award 
program; reviewed IRS documents on the whistleblower program, 
including Internal Revenue Manual section 25.2.2, which outlines roles 
and responsibilities in the expanded whistleblower program; and 
reviewed GAO's body of work on internal control standards. We also 
interviewed staff from the IRS Whistleblower Office, representatives 
from the three business operating divisions--Small Business/Self 
Employed, Large Business and International, and Tax Exempt and 
Government Entities--that handle whistleblower claims, and 
representatives from other IRS divisions--Chief Counsel and Criminal 
Investigations--that are part of the whistleblower process. We also 
spoke with nine attorneys who represent tax whistleblowers to 
determine the concerns of whistleblowers regarding the length of time 
the whistleblower claim review process takes. Seven of these attorneys 
were a nongeneralizable sample of attorneys recommended by IRS as 
frequent representatives of whistleblowers submitting claims to the 
whistleblower program. Whistleblower attorneys have a clear financial 
interest in the outcome of whistleblower claims. However, interviewing 
them allowed us to obtain broad viewpoints of the IRS whistleblower 
program while keeping whistleblowers' identities confidential. To 
report statistics on whistleblower claims, we analyzed data from the 
Whistleblower Office's E-TRAK system. We found that the data generated 
from E-TRAK on claim status was sufficiently reliable for the purposes 
of our report. 

To evaluate how IRS communicates with whistleblowers and the public, 
we reviewed Internal Revenue Code section 6103, which governs the 
protection of tax information. We interviewed staff from the IRS 
Whistleblower Office and the operating divisions and other offices 
that are part of the whistleblower process. We interviewed the 
attorneys for their opinions on how IRS communication procedures 
affect whistleblowers and the processing of whistleblower claims. We 
also spoke with the National Taxpayer Advocate to identify potential 
privacy concerns for targeted taxpayers.[Footnote 30] 

To determine what lessons, if any, can be learned from IRS's and 
whistleblowers' past experiences with the Whistleblower Office as well 
as other governmental efforts that could improve the IRS whistleblower 
program, we identified federal and state programs that were similar to 
IRS's whistleblower program. At the federal level, we interviewed 
officials from programs that provide financial awards for bringing 
information to the government on specific issues that result in awards 
paid to whistleblowers. Specifically, we interviewed officials from 
the Department of Justice, which administers claims made under the 
False Claims Act; the Incentive Rewards Program at the Centers for 
Medicare and Medicaid Services; and the new whistleblower programs 
established under the Dodd-Frank Wall Street Reform and Consumer 
Protection Act at the Securities and Exchange Commission and the 
Commodity Futures Trading Commission. We identified states with tax 
whistleblower reward programs--New York, Florida, and Texas[Footnote 
31]--and interviewed representatives from these programs and reviewed 
relevant program documents. To identify potential lessons learned from 
IRS's past experiences, we spoke with IRS officials and attorneys who 
represent tax whistleblowers and reviewed academic literature on tax 
whistleblowers. From these interviews and document and literature 
reviews, we created a list of options and asked IRS and whistleblower 
attorneys on their thoughts of the advantages and disadvantages of 
these options in the context of the IRS whistleblower program. 

We conducted this performance audit from September 2010 to August 2011 
in accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Comments from the Internal Revenue Service: 

Department Of The Treasury: 
Deputy Commissioner: 
Internal Revenue Service: 
Washington, D.C. 20224: 

August 3, 2011: 

Mr. James White: 
Director, Tax Issues: 
Strategic Issues Team: 
U.S. Government Accountability Office: 
Washington, DC 20548: 

Dear Mr. White: 

Thank you for the opportunity to respond to the draft report on "Tax 
Whistleblowers: Incomplete Data Hinders IRS's Ability to Manage Claim 
Processing Time and Enhance External Communication" (GAO 11-683). The 
report identifies a number of opportunities for improving program 
management, principally through enhancements in the case management 
information system. The IRS generally agrees with the recommendations
in the report and will incorporate these as we continue to make 
improvements to operating processes and procedures. The IRS response 
is enclosed. 

The report also catalogs options for program changes, based on 
stakeholder input and examination of other federal and state 
whistleblower programs. We will take these options into account as we 
continue to make program improvements. 

The report highlights that it can take significant time to fully 
process whistleblower claims. We appreciate your recognition that this 
is due to a number of issues, most notably the requirement to allow 
taxpayers the appeals and litigation rights that the law affords. The 
report also notes communication limits given restrictions on 
disclosing tax return information that is subject to protections under 
section 6103 of the Internal Revenue Code. The Fiscal Year 2010 Annual 
Report to Congress on the Whistleblower Program highlights section 
6103 issues as a challenge in program design and implementation. While 
we acknowledge the concerns expressed by stakeholders on these issues, 
the IRS is legally required to comply with the statutory protections 
for this information. 

If you have any questions, please contact me, or a member of your 
staff may contact Stephen Whitlock, Director, Whistleblower Office, at 
(202) 622-0351. 

Sincerely, 

Signed by: 

[Illegible] for: 
Steven T. Miller: 
Deputy Commissioner for Services and Enforcement: 

Enclosure: 

[End of letter] 

Enclosure: 

GAO Recommendations and IRS Responses to GAO Draft Report: 
"Tax Whistleblowers: Incomplete Data Hinders IRS's Ability to Manage 
Claim Processing Time and Enhance External Communication' (GAO 11-683): 

Recommendations: 

The Commissioner of Internal Revenue should direct the Whistleblower 
Office Director to take the following seven actions: 

1. Record time in status information for all claims identified by 
taxpayer in E-TRAK; 
	
2. Adjust E-TRAK's tracking feature to more accurately count the 
number of days claims remain in a status; 

3. Track the reasons for claims rejections by broad categories; 

4. Track the reasons claims are in suspended status by broad 
categories; 

5. Establish a process by which the Whistleblower Office routinely 
follows-up on claims that have been in the operating division subject 
matter expert initial review status for more than a targeted number of 
days; 

6. Redesign Form 211 to include stand-alone questions on the following
information: 
a. The relationship of the whistleblower to the target taxpayer; 
b. The employer of the whistleblower; 
c. Whether the whistleblower has submitted the information to any 
other federal or state agencies; 
d. Whether the whistleblower has included all information relevant to 
the claim; 

7. Provide additional summary statistics in future annual reports to 
Congress, including data on the length of time claims remain at each 
step of the review process, data on the length of time from claim 
receipt to payments, reasons for claim rejections, aggregate 
information on awards paid, and total amount of whistleblower payments. 

The Commissioner of Internal Revenue should direct the Commissioners 
of LB&I and TEGE to develop targets for how long subject matter expert 
reviews should take before being Flagged for follow-up. 

Response: 

The IRS generally agrees with the recommendations in the report and 
will take corrective actions as appropriate. 

Recommendations 1 through 4, address improvements to information 
tracking systems. The IRS has taken a number of steps in recent years 
to improve information tracking and will take additional steps as 
recommended. The E-TRAK case management system replaced three systems 
used to manage claims filed by whistleblowers under Section 7623. 
These included the ICE-Web system, used to manage claims submitted 
under the section 7623 program as it existed prior to the 2006 
amendments, and two supplemental systems designed as interim 
supplements to meet the additional needs of the program after the 
amendments. In January 2009, E-TRAK became the system for recording 
new section 7623 submissions. In the summer of 2010, the Whistleblower
Office completed the migration of legacy section 7623 claim 
information from the ICE-Web information system to E-TRAK, and 
activated features to allow operating divisions to access the E-TRAK 
data directly. Work on E-TRAK adjustments and enhancements based on 
operating division experiences and needs will be resumed in the near 
future (in consultation with the operating divisions). The data 
collection and reporting issues identified in the GAO recommendations 
will be part of the project, as will an exploration of the feasibility 
of a bulk claim update capability and other process changes that could 
make full implementation of those recommendations cost effective. We 
will make appropriate improvements as feasible given resources 
constraints and competing priorities. 

Regarding recommendation 5, the IRS is working to improve the process 
to ensure that all operating divisions timely review the period that 
claims have under subject matter expert initial review. As this 
process is improved, we will determine whether targets for subject 
matter expert review are appropriate (as further recommended by GAO). 

The IRS also agrees with recommendation 6 and will make changes to the 
Form 211 to rapture information that might facilitate review and 
evaluation of submissions by the operating division subject matter 
experts. 

Regarding recommendation 7, the IRS agrees to consider, when feasible 
and available, the addition of certain summary statistical information 
in the annual report to Congress. Note that the 2010 annual report to 
Congress has already been submitted. 

Note that the IRS also expects recommendations from the Treasury 
Inspector General Tax Administration (TIGTA) in the coming weeks. We 
anticipate developing a corrective action plan to implement all agreed 
GAO and TIGTA recommendations on a consistent basis. 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

James R. White, 202-512-9110 or whitej@gao.gov: 

Acknowledgments: 

In addition to the contact named above, Jeff Arkin, Assistant 
Director; Amy Bowser; Jeffrey Niblack; Danielle N. Novak; and Cynthia 
Saunders made key contributions to this report. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 109-432, div. A, title IV, § 406, 120 Stat. 2922 (Dec. 
20, 2006). 

[2] IRS estimated that it would eventually collect about $55 billion 
of the gross tax gap through late payments and IRS enforcement 
actions, leaving a net tax gap of around $290 billion. 

[3] Section 6103 of the Internal Revenue Code governs the protection 
of taxpayer returns and return information. IRS's view is that 
reporting the exact number of awards before a sufficient number of 
payments have been made would violate section 6103, which prohibits 
disclosing tax information either directly or indirectly. IRS has not 
yet paid a sufficient number of awards to meet the threshold for 
aggregate public disclosure. We deferred to IRS's interpretation of 
the disclosure rules and have not reported the exact number of awards 
paid. 

[4] See An Act to Amend Existing Laws Relating to Internal Revenue, 
and for other Purposes, ch. 169, § 7, 14 Stat. 471, 473 (1867). 

[5] Taxpayer Bill of Rights 2, Pub. L. No. 104-168, title XII, § 1209, 
110 Stat. 1452 (July 30, 1996). 

[6] See 26 U.S.C. § 7623. For the purposes of our report, we refer to 
the rules laid out in Internal Revenue Code section 7623(a) as the 
original program and 7623(b) as the expanded program. 

[7] The Small Business/Self-Employed (SB/SE) division investigates 
claims against small businesses with assets of less than $10 million 
and self-employed taxpayers. The Large Business and International 
(LB&I) division investigates claims against corporations and 
partnerships with assets of $10 million or more. The Tax Exempt and 
Government Entities (TE/GE) division investigates claims against 
pension plans, exempt organizations, and government entities.Another 
operating division, Wage and Investment (W&I), is responsible for 
individual taxpayers without business income. Due to the high income 
and tax criteria for the expanded whistleblower program, W&I is not 
involved in investigating whistleblower claims under the expanded 
program. 

[8] CI has investigative jurisdiction over tax, money laundering, and 
Bank Secrecy Act violations. It is a principal office and not an 
operating division under IRS's organizational structure. However, for 
the purposes of our report, we use the term operating division to 
refer to LB&I, SB/SE, TE/GE, and CI, the divisions that process 
whistleblower claims. 

[9] Internal Revenue Manual 25.2.2.1 (06/18/2010). 

[10] Rewards and Awards for Information Relating to Violations of 
Internal Revenue Laws, 76 Fed. Reg. 2852 (Jan. 18, 2011). 

[11] Nonresident aliens who receive whistleblower awards may be 
subject to different withholding rates. 

[12] Both of these whistleblower programs were mandated in the Dodd- 
Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111- 
203, 124 Stat. 1376 (Jul. 21, 2010). 

[13] As of April 25, 2011, of the claims currently assigned to the 
operating divisions, 16.7 percent were assigned to CI, 32.6 percent to 
LB&I, 48 percent to SB/SE and 2.7 percent to TE/GE. 

[14] Among all examinations, including examinations of whistleblower 
claims, the average cycle time--the time from the start of an 
examination to its completion--is 211 days in SB/SE and 322 days in 
LB&I. 

[15] 26 U.S.C. § 6511(a). For example, a taxpayer's deduction may be 
denied because the taxpayer could not produce supporting documentation 
during an examination. If, within 2 years of paying the tax, the 
taxpayer obtains supporting documentation, the taxpayer may apply for 
a refund for the associated documented deduction. 

[16] If a submission in total would be greater than the $2 million 
threshold for the expanded program but each taxpayer claim within the 
submission does not meet the threshold, paying on the taxpayer claims 
individually would negatively impact the whistleblower's appeal 
rights, which differ under the original and expanded programs. 

[17] In August, 2009, the Treasury Inspector General for Tax 
Administration (TIGTA) reported that as of March 2009, E-TRAK could 
not provide management information reports and that not all key data 
was successfully transferred from the previous tracking systems into E-
TRAK. TIGTA made recommendations on how the Whistleblower Office could 
improve claims data management and IRS agreed with these 
recommendations. See TIGTA 2009-30-114, Deficiencies Exist in the 
Control and Timely Resolution of Whistleblower Claims, Aug 20, 2009. 

[18] In general, IRS has 3 years from the date a taxpayer files a tax 
return--not the date a whistleblower submits a claim--to complete an 
examination and assess the taxes owed unless the taxpayer agrees to an 
extension or under specific exceptions that allow IRS to extend the 
statute unilaterally, such as for cases of fraud. 

[19] The Whistleblower Office does not actively manage or track claims 
that are approaching their statute of limitations, although once 
identified in the Whistleblower Office initial review process, 
analysts, SMEs, and other IRS officials consider the statute of 
limitations when prioritizing their work load. Additionally, according 
to Whistleblower Office officials, examiners face performance 
consequences if they do not complete an assigned examination before 
the statute of limitations expires. Nevertheless, IRS officials 
acknowledge that some claims are ultimately rejected because the 
statute of limitations has expired; however, they told us that this 
most frequently happens because the statute has already expired or is 
close to expiring by the time a whistleblower submits a claim. 

[20] E-TRAK has added new step fields before. In 2010, IRS added the 
"suspended case" step, which, according to the analyst who completed 
this addition, required less than an hour to complete because it 
involved adding one additional choice to an existing list of step 
choices. To reconfigure E-TRAK to accommodate a new field, the analyst 
estimated it may take days or weeks of direct programming time 
followed by additional time to schedule the changes to become 
functional. 

[21] See GAO, Internal Control Standards: Internal Control Management 
and Evaluation Tool, [hyperlink, 
http://www.gao.gov/products/GAO-01-1008G] (Washington, D.C.: Aug. 
2001). 

[22] Section 6103 of the Internal Revenue Code governs the protection 
of taxpayer returns and return information. Under section 6103(b)(1), 
a return means any tax or information return, declaration of estimated 
tax, or claim for refund filed with IRS. Return information means a 
taxpayer's identity, the nature, source, or amount of income, 
payments, receipts, deductions, exemptions, credits, assets, 
liabilities, net worth, tax liability, tax withheld, deficiencies, 
overassessments, or tax payments, whether the taxpayer's return was, 
is being, or will be examined or subject to investigation, or any 
other data received by, recorded by, prepared by, furnished to, or 
collected by the IRS. 26 U.S.C. § 6103(b)(2). 

[23] 26 C.F.R. § 301.6103(k)(6)-1. 

[24] 26 C.F.R. § 301.6103(n)-2. The Internal Revenue Manual advises 
IRS employees to use section 6103(n) contracts to obtain the services 
of experts for investigative purposes rather than section 6103(k)(6) 
whenever possible. IRM 11.3.21.4 (03-28-2008). 

[25] In the Joint Committee on Taxation's (JCT) Technical Explanation 
of the expanded whistleblower program, JCT noted that IRS could enter 
into section 6103(n) tax administration contracts when whistleblower 
assistance is necessary to analyze information provided or investigate 
the matter claimed. JCT also noted that IRS's use of section 6103(n) 
contracts should be infrequent and only when the review of the claim 
could not be properly or timely completed without disclosing 
taxpayer's return information. JCX-50-06. 

[26] The Tax Court has jurisdiction to review IRS's whistleblower 
award determinations under the expanded program, including the denial 
of an award claim. See Cooper v. Commissioner, 135 T.C. 70 (July 8, 
2010). However, the Tax Court's jurisdiction does not extend to 
reviewing IRS's decision of whether to pursue administrative or 
judicial action against the taxpayer. If IRS denies an award because 
no tax, interest, or penalty was collected from the taxpayer based on 
the whistleblower's information, that decision will not be reviewed by 
the Tax Court. Cooper v. Commissioner, 136 T.C. 30 (June, 20, 2011). 
As of June 21, 2011, the Tax Court had not published a case discussing 
the merits of IRS's whistleblower award determination where amounts 
were collected from the taxpayer. 

[27] A net operating loss occurs when, in a tax year, a company's 
deductible losses are greater than its tax liability, resulting in no 
taxable income. NOLs that exceed taxable income can be carried back 
generally for 2 tax years or carried forward for 10 or more years. A 
company may not realize the NOL credit if it does not have taxable 
income before the NOL expires. 

[28] For a more detailed discussion of our methodology, see app. I. 

[29] Department of the Treasury, Office of Tax Policy, Report to The 
Congress on the Scope and Use of Taxpayer Confidentiality and 
Disclosure Provisions, Volume I (Washington, D.C., 2000). 

[30] The National Taxpayer Advocate heads the Taxpayer Advocate 
Service, an independent organization within IRS which provides 
services to taxpayers seeking help in resolving problems with IRS. 

[31] Oregon also has a whistleblower rewards statute, but the program 
is inactive. 

[End of section] 

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