part5-3
- 5.1.3.1
Procedures for Handling PDT Coded Collection Cases - 5.1.3.2
Employee Response - 5.1.3.3
Armed Escorts for Revenue Officers - 5.1.3.4
Employee Assistance and Worklife Referral Services Programs - 5.1.3.5
Witness Security Program - Exhibit 5.1.3-1
List of “PDT”
Coded Documents - Exhibit 5.1.3-2
TIGTA Field Division Addresses and Phone Numbers
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Collection employees should be alert to PDT coded
balance due accounts, return delinquency accounts, and IDRS printouts. See
Exhibit 5.1..3–1 for a list of documents that display PDT indicators
for sample PDT coded documents. -
Immediate supervisors will forward questions on
PDT cases to TIGTA through the OEP. -
Consider alternatives to contacting a taxpayer
in the field when a “potentially dangerous”
designation
is under investigation or the case is in PDT status. If field contact is necessary
or anticipated, notify Criminal Investigation (CI) and consider armed escorts
in all cases. Managers will follow established procedures for arranging for
armed escorts. -
If a taxpayer makes an inquiry about his/her status,
do not confirm or deny that he/she is a PDT. Forward the taxpayers request
to Disclosure.
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If assaulted while performing official duties,
or in connection with the performance of official duties:-
Defend or protect yourself from further assault.
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Terminate Collection activities.
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Leave the site of the incident, if safe to do so.
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Obtain medical treatment immediately, if necessary
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If you receive a threat of force, either during
a telephone or personal interview:-
Tactfully end the conversation.
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Document as much detail as possible, e.g., date,
time, place, type, and nature. -
Don’t induce perpetrators to clarify or repeat
threatening statements -
Avoid questions such as “Is that a
threat?”
or “Are you threatening me?”
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Nonverbal threats, such as gestures, motions,
or a display of weapons, have the same purpose of intimidating or impeding
employees. Follow the same pattern of avoidance and retreat from continued
contact. -
Immediately report assaults or threats to your
group manager. Your group manager will refer the matter to Treasury Inspector
General for Tax Administration (TIGTA). -
Treat written threats with the same caution as verbal threats. Don’t
make contact with the taxpayer until the threat has been referred to TIGTA
and a decision has been made regarding protective measures.
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If you are threatened with bodily harm by a taxpayer,
or other circumstances develop which interfere with the administration of
Internal Revenue laws, you may require protection. Revenue Officers are not
authorized to carry and or use firearms in performance of official duties.
This restriction includes pepper spray, “Halt”
, or any
other intermediate weapon. However, you may request the assignment of an armed
escort. -
If an armed escort is necessary, inform your immediate
supervisor of the facts and circumstances involved. If your manager determines
an armed escort is justified, request the assistance of CI. They will assign
two or more special agents as armed escorts. -
If a Compliance employee has basis in fact for
believing a non-PDT coded taxpayer is violent, he/she should contact CI for
an armed escort. CI will check with TIGTA to determine if the individual has
a known history. -
To request an armed escort, prepare a memorandum
to CI (Special Agent in Charge), through the Territory Manager, detailing
the facts and circumstances involved. -
The Special Agent in Charge must receive the request
for assistance at least three business days prior to the date the armed escort
is needed. This is to ensure that special agents and the revenue officer will
have time to prepare a plan of action to assure the safety of all individuals
involved. -
Revenue officers are required to secure an armed
escort prior to personally contacting the subject of a narcotic trafficker
assessment or investigation (any balance due, returns delinquency or other
investigation cases involving an individual connected with narcotics trafficking)
unless one of the following conditions exists:-
The trafficker is in protective custody, or
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Information is available which clearly establishes
that personal contact would not be dangerous (e.g., numerous prior contacts
have been made without incident).
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The IRS Employee Assistance and Worklife Referral
Services Program is available to help IRS employees, managers and their families.
The programs provide counseling and assistance for work or personal issues
with complete confidentiality. -
All services are vendor provided, completely confidential and cost-free
to employees. The program includes the following components:-
Employee Assistance Program
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Worklife Referral Services
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Critical (Traumatic) Incident Debriefing Services
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The IRS Employee Assistance and Worklife Referral Services Program can
be reached at 1-800-977-7631. A counselor is available 24 hours a day, 7 days
a week.
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The Employee Assistance Program (EAP) provides
telephone counseling and in-person clinical services for managers and employees
to help address stressful life issues and personal concerns. Assistance is
provided for:-
Drug or alcohol abuse
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Anxiety and stress (and the emotions of organizational
downsizing) -
Conduct and performance problems
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Career transition, job pressures
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Depression
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Grief and loss
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Physical or emotional abuse
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Marital and family conflicts
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The program is available to IRS employees and
their immediate families, including partners and dependents who are members
of the employee’s household. Employees may meet in person with a counselor
in their community or telephonically with a member of the vendors IRS phone
counseling staff. -
Employees and family members are entitled to up
to four counseling sessions per year for each presenting issue. If further
counseling is needed after the four session EAP limit, EAP counselors will
assist in arranging care through the employees own health insurance plan
or community resources. Sessions with an EAP counselor can be over the phone
from the employees office or home or in person with a local therapist. -
Participation in the EAP is confidential and strictly
voluntary. However, if a manager or union steward recommends an employee for
EAP assistance, then, with the employees written permission, the manager
or union steward can be notified of the employees attendance at the session
and request an assessment of the amount of work time needed for continuing
counseling or rehabilitation. The counselor cannot discuss any additional
information covered by the Privacy Act. -
Employees can use sick leave, annual leave, compensatory
time or personal time (before/after work and breaks and lunch time) for telephone
consultations or to attend face-to-face counseling. During duty hours and
with permission from their manager, employees may use administrative leave
to meet with an EAP counselor. Employees are allowed up to one hour of excused
absence for each telephone counseling session (up to four sessions) and are
also allowed one hour plus travel time of excused absence to see a local counselor
in person (up to four sessions). Employees will need to use their own leave
and pay for any counseling sessions beyond the four-session limit covered
by the EAP. -
Managers with concerns about a specific employee
whose conduct or personal problems are affecting his or her performance and
the performance of the work group can call the EAP to request a management
consultation. Specially trained consultants will help managers refer their
employees experiencing problems to the EAP. A manager may suggest that an
employee use EAP services but cannot mandate use of the EAP services. A manager
is not entitled to information without the employees written consent.
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Managers may contact the EAP directly to arrange for critical (traumatic)
incident services. A critical incident is a traumatic event that involves
or directly impacts the workplace. Specialists help managers develop an action
plan to respond to a specific incident. -
If there is immediate danger or the threat of immediate danger, managers
will first contact local law enforcement, then call the EAP. -
Managers will contact the EAP at 1-800-977-7631 and will tell the intake
counselor that there is an emergency and explain the nature of the crisis. -
Managers should inform the intake staff of their name, title and organization.
The call will be transferred to a crisis specialist or a crisis specialist
will be paged. If a crisis specialist is not immediately available, managers
will receive a call back from a specialist within twenty minutes. -
The crisis specialist will ask the manager a series of questions about
the incident and who it has affected. The specialist will discuss with the
manager their assessment of the most appropriate action to take. -
Together, the manager and crisis specialist will determine which of
the following three options is the most clinically appropriate:-
Crisis intervention over the phone with a crisis specialist,
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Crisis intervention arranged on-site immediately, or
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Crisis Incident Debriefing (CID) scheduled for 24 – 72 hours after the
event.
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Consultation and debriefing services are included in the EAP contract
and there are no additional charges for critical incident debriefings. Any
travel costs incurred by the counselor are also covered under the EAP contract.
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Worklife Referral Services provides consultation,
information and referral to local resources on family matters, legal issues
and financial concerns. Services are provided via telephone and can assist
employees with a variety of issue, such as:-
Choosing daycare or eldercare
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Home repairs, remodeling
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Relocation information
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Preparing for college
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Understanding medicare
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Retirement planning
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Estate planning
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Debt management, budgeting
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Divorce and family law
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Civil lawsuits
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Contracts
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Real estate transactions
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All services are cost free and are available to
IRS employees and their families, including partners and dependents who are
members of the employees immediate household. -
Counselors can be reached during business hours
by calling 1-800-977-7631. -
There are no session limits on Worklife Referral
Services. Calls can be made as often as necessary to obtain the required assistance.
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If you become aware or believe that a taxpayer
is a “Relocated Witness”
in the Witness Security Program,
immediately cease all efforts to locate the taxpayer. A lien determination
must be made and a Notice of Lien filed, if appropriate.
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Revenue officers will prepare a memorandum from
their territory manager to the Director, Collection indicating that the taxpayer
may be in the Witness Security Program. The memorandum will including the
following:-
The nature of the investigation (balance due, return
delinquency), periods, type of tax, amounts due, etc. -
All collection actions taken to date
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Facts indicating that the taxpayer is in the Witness
Security Program -
Assets identified and located
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Lien determination
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Send the memorandum to the Technical Services
function, where a file will be established for control and coordination purposes.
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Within five business days, Technical Services
will forward the territory memorandum to:
Director,
Collection
Attn: Witness Security Coordinator
SE:S:C:CP:E
1111 Constitution
Avenue, N.W.
Washington, D.C. 20224 -
Technical Services will retain a copy of the memorandum
and open an Other Investigation (OI) on the Integrated Collection System (ICS)
for control and coordination purposes.
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The Witness Security Coordinator (WSC) will send
a memorandum to the Deputy Chief, Criminal Investigation to determine if the
taxpayer is in the program. -
If the taxpayer is not protected under the Witness Security Program,
the WSC will send a memorandum to the territory manager advising the revenue
officer to resume collection. Send a copy of the memorandum to Technical Services. -
If the taxpayer is in the program, the WSC will request that the U.
S. Marshal’s Office secure a completed Collection Information Statement
(CIS) from the taxpayer. After a review of the CIS, the WSC will determine
if a meeting between the witness and a revenue officer should be arranged
to resolve the witness’ tax matter.
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A request from the WSC to interview a relocated
witness must be handled expeditiously. -
After the witness has been interviewed, forward all returns, financial
statements, payments, and other documents secured from the witness to the
WSC at the address in IRM 5.1.3.5.2. -
The WSC will review the material and send it to the territory office
where the Bal Due and/or Del Ret is assigned for proper disposition.
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When the territory assigned the Bal Due/Del Ret
case is notified that the taxpayer is a relocated witness, and after an asset
and lien determination have been made:-
Report Bal Due cases as Currently Not Collectible on Form 53, Report of
Currently Not Collectible Taxes, using Closing Code 03, Unable-to- Locate.
Annotate Item 22 with “Witness Security Program-Relocated Witness
Case”
and reference this IRM section. -
Close Del Ret cases with TC 593, Closing Code 21, Unable-to-Locate.
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Send a copy of the Form 53, with a copy of the ICS transcript, to the
WSC at the address in IRM 5.1.3.5.2.
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After the revenue officer case closure, ICS will
TSIGN the case to Technical Services. Upon notification of TSIGN change, Technical
Services will close its OI.
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Forward information received alleging a threat or possible danger to
a past or present government informant, witness, or their family, as a result
of the informant or witness furnishing information or otherwise cooperating
with the government, immediately to Criminal Investigations local Director
of Field Operations. -
If assets are in jeopardy, or the integrity of the taxpayer’s
protective identity has been violated or compromised by an IRS investigation:-
The revenue officer will notify the group manager immediately.
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The group manager will notify the territory manager immediately.
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The territory manager will notify Technical Services immediately.
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Technical Services will notify the WSC immediately.
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Group managers from Collection and Technical Services will include this
breach in their “Sensitive Case”
briefing.
The PDT condition will be reflected on the following:
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NCC Transcripts (except Privacy Act Transcripts)
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MRS Transcripts
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FTD Alerts (BMF only)
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IDRS Transcripts
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TXMOD
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ENMOD
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SUMRY
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AMDIS
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Balance Due Accounts
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Return Delinquency Accounts
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AIMS Charge-outs (Form 5546)
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AIMS Weekly Updates
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Daily Transaction Registers (DTRs)
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Delinquent Investigation/Account Listings (DIALs)
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IMFOL
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BMFOL
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ICS
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