part13-1
- 13.1.1.1
Legislative History - 13.1.1.2
Philosophy of Advocacy - 13.1.1.3
Organizational Structure - 13.1.1.4
Purpose of Part 13 Taxpayer Advocate Process - 13.1.1.5
Delegation of Authority - Exhibit 13.1.1-1
Authority of the National Taxpayer Advocate to Perform Certain Tax
Administration Functions
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The Problem Resolution Program (PRP) was first
implemented in 1977 because there were instances where taxpayers problems
were not promptly or properly resolved, or where the IRS had not been fully
sensitive to the needs of taxpayers. -
Since 1977, the program has evolved from PRP to
the Taxpayer Advocate Service (TAS) due, in part, to three major pieces of
legislation.
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The Office of the Taxpayer Ombudsman was created
by the Internal Revenue Service in 1979 to serve as the primary advocate,
within the IRS, for taxpayers. This position was codified in the Taxpayer
Bill of Rights 1 (TBOR 1), included in the Technical and Miscellaneous Revenue
Act of 1988, Pub. L. 100–647. -
This legislation included a provision, that authorized
the Taxpayer Ombudsman (now National Taxpayer Advocate), to issue Taxpayer
Assistance Orders (TAOs) when taxpayers were suffering or about to suffer
significant hardships because of the way the Internal Revenue laws were being
administered. This was expanded by the Commissioner to include any instance
where a taxpayer was suffering or about to suffer a significant hardship,
regardless of the cause of the hardship.
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The Taxpayer Bill of Rights 2 (TBOR 2) was signed
into law July 30, 1996, as Public Law 104–168. TBOR changed the title
of the Taxpayer Ombudsman to Taxpayer Advocate while also changing the status
of the position. -
The Taxpayer Advocate was to continue to fulfill
all of the responsibilities, which the position held in the past, but with
somewhat greater autonomy and enhanced authority to advocate changes within
the IRS that benefit taxpayers. -
TBOR 2 described the functions of the Office of
the Taxpayer Advocate as:-
To assist taxpayers in resolving problems with
the IRS; -
To identify areas in which taxpayers have problems
in dealings with the IRS; -
To the extent possible, propose changes in the administrative
practices of the IRS to mitigate those identified problems; and -
To identify potential legislative changes which
may be appropriate to mitigate such problems.
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The Internal Revenue Service Restructuring and
Reform Act of 1998 (RRA98) was signed into law July 22, 1998, as Public Law
105–206 and changed the Taxpayer Advocate Services organization. RRA98
renamed the title Taxpayer Advocate to National Taxpayer Advocate (NTA). This
law significantly changed the appointment of the NTA from being an appointee
of the Commissioner to being an appointee of the Secretary of the Treasury,
after consulting with the Commissioner of Internal Revenue and IRS Oversight
Board. -
RRA98 strengthened the independence of both the
NTA and the local advocate organization. Two key changes were mandated:-
An independent reporting structure for all TAS employees.
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The availability of Taxpayer Advocates for every
state.
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The intent of Congress was to ensure both the
independence and objectivity on the part of Advocates in dealing with tax-related
concerns. Therefore, all employees in the TAS report directly to the NTA or
delegate thereof. This provides an independent perspective and ensures taxpayer
cases get an impartial review while providing full accountability within the
Advocate organization.
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As part of the IRS, TAS has the responsibility
to help bridge the gap for those taxpayers who have unresolved issues or problems.
TAS advocates for:-
EACH taxpayer, by working with the Operating and
Functional Divisions through the Operations Assistance Request (OAR) process
and the Taxpayer Assistance Order (TAO) Process, and -
ALL taxpayers, by making legislative and administrative
recommendations to the appropriate business owner.
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TAS strives to exemplify professional and ethical
behavior. Effective advocacy will benefit both the taxpayer and the IRS. -
TAS is composed of advocate ombudsmen. The key
characteristics of advocate ombudsmen are independence, impartiality and confidentiality.
Advocacy is not just about recommending legislative and procedural changes,
but it is also about applying advocacy attributes to each taxpayers case.
An advocate conducts an independent and impartial analysis of all information
relevant to the taxpayers problem. Advocates are professionals who are able
to:-
Listen to the taxpayers position;
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Investigate;
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Evaluate;
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Correct the situation;
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Request the IRS take a second look;
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Advise the taxpayer of their options.
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An advocates goal is to provide quality service
to the taxpayer and elevate issues when appropriate.Mission Statement As an independent organization within the IRS, we help taxpayers
resolve problems with the IRS and recommend changes that will prevent the
problems.TAS Vision We encourage resolution of all taxpayer issues at the point of first
contact. We are committed to encouraging overall service improvement at the
IRS. -
The mission of the TAS is to help taxpayers resolve
problems with the IRS and to recommend changes to prevent the problems. The
organization fulfills its mission through two types of advocacy— case-related
and systemic. TAS not only handles cases in which a taxpayer is suffering
or about to suffer a significant hardship, but it also handles cases in which
the taxpayers in solving problems with the IRS benefit from TAS involvement,
even though the taxpayer is not individually experiencing a hardship. Where
TAS cannot provide a remedy for taxpayers because of deficiencies in administrative
procedures or barriers imposed by the tax law, TAS will propose administrative
solutions of legislative changes, as appropriate. -
To support the Mission and Vision statements,
TAS has articulated roles and responsibilities for all of its managers and
employees. TAS will:-
Advocate on behalf of individual and business taxpayers
in disputes with the IRS after making an impartial assessment of the taxpayers
situation; -
Quickly and accurately address taxpayer problems
when there is a failure of systems, policies, or procedures; -
Operate with the utmost independence while continuing
to work toward the IRS mission; -
Continuously drive procedural, systemic, and legislative
change to benefit taxpayers; -
Effectively communicate with and educate stakeholders
and taxpayers to ensure awareness of the TAS, and; -
Solicit feedback from taxpayers and key stakeholders
about IRS problems.
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In addition to serving taxpayers one at a time,
the NTA also serves all taxpayers by reporting regularly to the Congress of
the United States. The Systemic Advocacy (SA) organization carries out the
second part of the TAS mission statement, which is to
“recommend
changes that will prevent problems.”
It is the responsibility of the
NTA to keep Congress fully up to date on the success of the TAS in resolving
taxpayer problems, as well as to report any systemic issues that may be adversely
affecting taxpayers. To accomplish this, the NTA publishes two reports a year
that are submitted to the House Ways and Means Committee and the Senate Finance
Committee.
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The TAS organizational structure is described
in the following subsections.
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The National Headquarters is comprised of the
National Taxpayer Advocate (NTA), Deputy National Taxpayer Advocate (DNTA),
and Executive Director, Systemic Advocacy (EDSA) and Program Directors and
their staffs. The NTA serves as the advocate for taxpayers within the IRS.
He/she also oversees the overall administration of the nationwide Taxpayer
Advocate Service by ensuring the interests of the individual taxpayer are
represented in all aspects of the policies and procedures of the Internal
Revenue Service. All employees in the TAS organization report directly to
the NTA or delegate thereof. -
In addition to serving taxpayers one at a time,
the NTA also serves all taxpayers by reporting regularly to the Congress of
the United States. It is the responsibility of the NTA to keep Congress fully
up-to-date on the Advocates success at resolving taxpayer problems, as well
as report any systemic issues that may be adversely affecting taxpayers. To
accomplish this, the NTA publishes two reports a year that are submitted to
the House Ways and Means Committee and the Senate Finance Committee and testifies
before Congress on these matters.
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Supporting the NTA, DNTA and EDSA are managers
and their staffs responsible for such areas as Human Resources, Financial
Operations, Program Planning and Quality, Taxpayer Advocacy Panel (TAP), Communications
and Liaison, Taxpayer Account Operations and the Office of Systemic Advocacy.
A senior level Technical Advisor, a Senior Advisor to the National Taxpayer
Advocate (Research) and Senior Advisor to the National Taxpayer Advocate (Annual
Report to Congress) are assigned to the NTA to conduct analysis, coordinate
research, assist in the preparation of the Annual Report to Congress and conduct
external outreach. The Special Counsel to the National Taxpayer Advocate and
staff are employed by the Office of Counsel to provide legal advice and support
the NTA and headquarters. -
Major responsibilities include: IRM 13, Advocate
Advisory Board support and coordination, strategic planning of personnel,
training and budget, special project support, Taxpayer Advocacy Panel, NTAs
Annual Report to Congress, Annual Objective Report to Congress, Senate Finance
Committee Case Program and program direction and support.
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Nine area offices (7 for field offices and 2 for
campuses) provide program guidance and direction to Local Taxpayer Advocates
(LTA), who report directly to the Area Taxpayer Advocates (ATA) also known
as Area Directors. The Area Taxpayer Advocate offices are responsible for:-
Ensuring proper resource allocation within their
area, -
Building support for systemic changes at the local
and Campus level, -
Working with Operating Division or Functional Unit
analysts to identify systemic and procedural problems, and -
Providing input to the Executive Director Systemic
Advocacy (EDSA) for the NTAs annual reports to Congress.
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The Area Director Advocates are also responsible
for reviewing and evaluating the program in their respective areas. They ensure
that the program is conducted in accordance with national guidelines and instructions
and that Local Taxpayer Advocates are carrying out their responsibilities.
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The TAS has at least one Local Taxpayer Advocate
(LTA) located in each of the 50 states, as well as one in each campus. All
LTAs report directly to the 9 area directors and are responsible for resolving
all TAS cases. In addition, the local advocates are the liaisons with practitioner
communities within their area and with the congressional staffs for constituent
issues. They educate the public about the role of the advocate and solicit
feedback from them on recurring problems with IRS systems and procedures. -
Depending on the size of the office, the LTAs
staff can be comprised of Associate Advocates (AA), Senior Associate Advocates
(SAA), Program Analysts, Technical Advisors, Group Managers and Administrative
Support. -
Each TAS office must maintain means of communication
that are independent of the IRS. Each office must have a separate phone, fax
machine and post office address, as well as other independent electronic communication
access. In addition, TAS employees must inform taxpayers that the TAS operates
independently within the IRS office and reports directly to Congress through
the National Taxpayer Advocate. The LTA also has the discretion not to inform
the IRS of any contact or any information provided to the local TAS office
by a taxpayer.
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Technical Advisors and the virtual team process
are customer-centered concepts in the Taxpayer Advocate Service. Their primary
role is to serve as a technical resource for the entire TAS. They are responsible
for resolving the most technically complex or sensitive issues using effective
research, communication, coordination, and negotiation skills.
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Senior Associate Advocates (SAA) and Associate
Advocates (AA) are known as case advocates and are located in every TAS office.
They advocate for the taxpayer one case at a time. -
If the case issues fall within TASs statutory
authority or the authority delegated to TAS by the Commissioner, the case
advocates will work the cases to resolution. Case advocates will request the
IRS functions take another look at determinations or case actions that fall
outside TASs statutory or delegated authorities.
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Management and Program Analysts are located throughout
TAS and report to their respective Director, ATA or LTA. -
Analysts are responsible for analyzing, evaluating,
and advising on the effectiveness and efficiency of the full range of management,
technical, and administrative activities of the TAS program.
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The Executive Director, Systemic Advocacy (EDSA)
reports directly to the NTA. The Executive Director has oversight responsibility
for systemic advocacy and the NTAs annual reports to Congress. Two divisions,
Business Advocacy and Individual Advocacy, report to the EDSA. The Director,
Business Advocacy (DBA) and the Director, Individual Advocacy (DIA) are responsible
for identifying and raising awareness of systemic issues impacting taxpayers. -
The EDSA oversees two project managers in addition
to the Directors of Advocacy. One project manager is responsible for the day-to
day production of the NTA Annual Report to Congress. The second project manager
is responsible for the advocacy initiative tracking system, assignment of
advocacy proposals, and a database which captures advocacy proposals and initiatives.
The TAS Office of Systemic Advocacy receives administrative and legislative
proposals from a multitude of sources, including internal and external sources. -
Advocacy analysts assigned to DBA or DIA work
with the Operating Divisions/Functional Units to analyze and understand the
root causes of problems and support joint advocacy efforts. The ultimate goals
of the advocacy analyst are:-
Preventing or reducing taxpayer burden;
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Representing taxpayer interests during decision-making
processes; -
Improving customer service; and
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Addressing inequitable treatment of taxpayers.
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Also included under the auspices of the National
Taxpayer Advocate (NTA) are two programs, the Taxpayer Advocacy Panel (TAP)
and the NTA Toll-Free Number operation, that rely heavily upon employees/taxpayers
outside the Advocates organization:
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The Taxpayer Advocacy Panel (TAP) listens to taxpayers,
identifies taxpayers issues and makes suggestions for improving IRS service
to customers. -
TAP is an outgrowth of the pilot Citizen Advocacy
Panels which were established in 1998 and were located in Brooklyn, Midwest,
Pacific-Northwest, and South Florida. With the expansion of TAP, citizen volunteers
from all fifty states will have the opportunity to participate in the federal
tax administration system. -
The TAP acts as a two-way conduit; serving as
a focus group for the IRS to provide input on strategic initiatives, as well
as providing a venue for raising issues identified by citizens. Structurally,
there are seven geographically based Area Boards aligned with the current
Taxpayer Advocate Service areas. These Area Boards address local issues and
schedule outreach activities. Issue Committees, with nationwide membership,
identify and work service-wide issues and are closely linked to the Wage and
Investment (W&I) and Small Business/Self-Employed (SBSE) program owners.
The goal is to have panel members demographically diverse, with at least one
member from each state, for a total of 95 members. -
The Taxpayer Advocate Service provides funding
for the staff and research support to the panels. Annual Reports are submitted
by the TAP to the Secretary of the Treasury and the IRS Commissioner. Copies
of all reports, events, meeting agendas and minutes, as well as success stories
can be found on the TAP Web site at www.improveirs.org.
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The toll-free telephone number for the Taxpayer
Advocate Service was established in November 1998 to assist taxpayers with
problems not resolved through normal channels. -
The NTA toll-free telephone number (1-877-777-4778)
is answered in six call sites (Richmond, Baltimore, Jacksonville, Puerto Rico,
Atlanta Campus and Fresno Campus), and is staffed by W&I and SB/SE employees.
With the exception of major holidays, calls are answered 5 days a week 15
hours a day. Saturday service is provided 8 hours a day during filing season.
Both English and Spanish assistance is available to customers. -
The NTA toll-free number has designated assistors
who answer calls, discuss the problem with the taxpayer, research IDRS and
TAMIS, and try to resolve the issue during the call while talking with the
taxpayer. If the case can not be resolved and meets TAS criteria, a TAS case
is added to TAMIS and immediately transferred to the appropriate office to
be resolved.
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IRM 13.1, 13.2, 13.3, 13.4,13.5, and 13.6 provide
guidance for the Taxpayer Advocate Service. IRM Part 13 is for Service wide
use and replaces all former directives on these subjects. -
The time frames provided in this IRM reflect the
standards set by the National Taxpayer Advocate. These time frames reflect
the Taxpayer Advocate Services commitment to helping taxpayers in an expeditious
manner. IRM 21, Customer Account Service has slightly longer time frames regarding
when TAS will contact a taxpayer. However, TAS personnel are expected to follow
the time frames provided in this manual. -
This IRM does not change the responsibility of
IRS employees to resolve problems brought to their attention if they are capable
of doing so or to refer taxpayers to the appropriate Operating Division or
Functional Unit office.
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The National Office NTA staff is responsible for
maintaining this handbook and will solicit comments and suggestions from Taxpayer
Advocate Service staff nationwide and Operating Divisions and Functional Units
prior to any substantial changes in operating procedures. -
The following Outlook E-mail address has been
established for questions, requests for deviation, or recommended changes
to IRM 13: *Taxpayer Advocate Q&A.
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The Advocate Advisory Board (AAB) has been established
by the National Taxpayer Advocate to provide input on strategic issues and
program direction. -
The NTA makes executive decisions and signs all
policy decision documents. -
The AAB meets quarterly to discuss issues affecting
the Taxpayer Advocate Service. Meetings are held at locations most cost effective
for the organization. -
The AAB has regularly scheduled conference calls.
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The AAB has 27 permanent members.
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National Taxpayer Advocate
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Deputy National Taxpayer Advocate
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Representative from NTEU
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Counsel to the NTA
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Technical Advisor to the NTA
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Area Taxpayer Advocates (9)
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Executive Director Systemic Advocacy (1)
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Director, Individual Advocacy and Director, Business
Advocacy (2) -
National Office Directors (5)
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TAS Director for EEO and Diversity
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Executive Assistant to the NTA
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Executive Assistant to the DNTA
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Senior Advisor, Research to the NTA
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Senior Advisor, Annual Report to Congress to the
NTA
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On January 17, 2001, the Commissioner issued a
memorandum delegating authorities to the National Taxpayer Advocate to provide
more efficient service to taxpayers. The delegation generally encompasses
the same authorities granted to Accounts Management Customer Service Representatives
(CSRs). The authorities as outlined in Delegation Order No. 267,
Exhibit 13.1.1–1, Authority of the National Taxpayer Advocate to Perform
Certain Tax Administration Functions, include adjustments and account
related actions found in IRM 21, Customer Account Services
. On October 1, 2001, the National Taxpayer Advocate redelegated the
authorities to the employees of the Taxpayer Advocate Service who are at the
grade or position level of the Associate Advocate and above. Refer to IRM 13.1.4, TAS Authorities, for specific information on the
delegations of authority. -
The delegated authorities do not permit employees
of the Taxpayer Advocate Service to take actions on cases that are open in
another IRS function or overrule determinations made by employees of other
IRS functions who have been delegated comparable authority. -
The authorities granted by the above delegation
order are in addition to the statutory authority provided by IRC §7803
and IRC §7811 and other authority granted by delegations found in IRM 1.2.2, Delegations of Authority.
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