part5-3

5.1.3 
Safety, Employee, and Security Programs

5.1.3.1 
(10-01-2002)
Procedures for Handling PDT Coded Collection Cases

  1. 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.

  2. Immediate supervisors will forward questions on
    PDT cases to TIGTA through the OEP.

  3. 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.

  4. 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.

5.1.3.2 
(10-01-2002)
Employee Response

  1. If assaulted while performing official duties,
    or in connection with the performance of official duties:

    1. Defend or protect yourself from further assault.

    2. Terminate Collection activities.

    3. Leave the site of the incident, if safe to do so.

    4. Obtain medical treatment immediately, if necessary

  2. If you receive a threat of force, either during
    a telephone or personal interview:

    1. Tactfully end the conversation.

    2. Document as much detail as possible, e.g., date,
      time, place, type, and nature.

    3. Don’t induce perpetrators to clarify or repeat
      threatening statements

    4. Avoid questions such as “Is that a
      threat?”
      or “Are you threatening me?”

  3. 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.

  4. Immediately report assaults or threats to your
    group manager. Your group manager will refer the matter to Treasury Inspector
    General for Tax Administration (TIGTA).

  5. 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.

5.1.3.3 
(10-01-2002)
Armed Escorts for Revenue Officers

  1. 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.

  2. 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.

  3. 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.

  4. To request an armed escort, prepare a memorandum
    to CI (Special Agent in Charge), through the Territory Manager, detailing
    the facts and circumstances involved.

  5. 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.

  6. 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:

    1. The trafficker is in protective custody, or

    2. Information is available which clearly establishes
      that personal contact would not be dangerous (e.g., numerous prior contacts
      have been made without incident).

5.1.3.4 
(03-15-2005)
Employee Assistance and Worklife Referral Services Programs

  1. 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.

  2. All services are vendor provided, completely confidential and cost-free
    to employees. The program includes the following components:

    • Employee Assistance Program

    • Worklife Referral Services

    • Critical (Traumatic) Incident Debriefing Services

  3. 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.

5.1.3.4.1 
(03-15-2005)
Employee Assistance Program

  1. 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

    • Anxiety and stress (and the emotions of organizational
      downsizing)

    • Conduct and performance problems

    • Career transition, job pressures

    • Depression

    • Grief and loss

    • Physical or emotional abuse

    • Marital and family conflicts

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

5.1.3.4.1.1 
(03-15-2005)
Critical (Traumatic) Incident Debriefing Services

  1. 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.

  2. If there is immediate danger or the threat of immediate danger, managers
    will first contact local law enforcement, then call the EAP.

  3. 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.

  4. 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.

  5. 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.

  6. 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,

    • Crisis intervention arranged on-site immediately, or

    • Crisis Incident Debriefing (CID) scheduled for 24 – 72 hours after the
      event.

  7. 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.

5.1.3.4.2 
(03-15-2005)
Worklife Referral Services

  1. 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

    • Home repairs, remodeling

    • Relocation information

    • Preparing for college

    • Understanding medicare

    • Retirement planning

    • Estate planning

    • Debt management, budgeting

    • Divorce and family law

    • Civil lawsuits

    • Contracts

    • Real estate transactions

  2. 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.

  3. Counselors can be reached during business hours
    by calling 1-800-977-7631.

  4. There are no session limits on Worklife Referral
    Services. Calls can be made as often as necessary to obtain the required assistance.

5.1.3.5 
(03-15-2005)
Witness Security Program

  1. 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.

5.1.3.5.1 
(03-15-2005)
Revenue Officer Procedures

  1. 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:

    1. The nature of the investigation (balance due, return
      delinquency), periods, type of tax, amounts due, etc.

    2. All collection actions taken to date

    3. Facts indicating that the taxpayer is in the Witness
      Security Program

    4. Assets identified and located

    5. Lien determination

  2. Send the memorandum to the Technical Services
    function, where a file will be established for control and coordination purposes.

5.1.3.5.2 
(03-15-2005)
Technical Services Procedures

  1. 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

  2. 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.

5.1.3.5.3 
(03-15-2005)
Witness Security Coordinator

  1. The Witness Security Coordinator (WSC) will send
    a memorandum to the Deputy Chief, Criminal Investigation to determine if the
    taxpayer is in the program.

  2. 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.

  3. 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.

5.1.3.5.4 
(03-15-2005)
Witness Interviews

  1. A request from the WSC to interview a relocated
    witness must be handled expeditiously.

  2. 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.

  3. 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.

5.1.3.5.5 
(03-15-2005)
Case Disposition

  1. 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:

    1. 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.

    2. Close Del Ret cases with TC 593, Closing Code 21, Unable-to-Locate.

    3. 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.

  2. 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.

5.1.3.5.6 
(03-15-2005)
Breaches in Program Security

  1. 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.

  2. If assets are in jeopardy, or the integrity of the taxpayer’s
    protective identity has been violated or compromised by an IRS investigation:

    1. The revenue officer will notify the group manager immediately.

    2. The group manager will notify the territory manager immediately.

    3. The territory manager will notify Technical Services immediately.

    4. Technical Services will notify the WSC immediately.

  3. Group managers from Collection and Technical Services will include this
    breach in their “Sensitive Case”
    briefing.

Exhibit 5.1.3-1 

(10-01-2002)
List of “PDT”
Coded Documents

The PDT condition will be reflected on the following:

  • NCC Transcripts (except Privacy Act Transcripts)

  • MRS Transcripts

  • FTD Alerts (BMF only)

  • IDRS Transcripts

  • TXMOD

  • ENMOD

  • SUMRY

  • AMDIS

  • Balance Due Accounts

  • Return Delinquency Accounts

  • AIMS Charge-outs (Form 5546)

  • AIMS Weekly Updates

  • Daily Transaction Registers (DTRs)

  • Delinquent Investigation/Account Listings (DIALs)

  • IMFOL

  • BMFOL

  • ICS

Exhibit 5.1.3-2 

(10-01-2002)
TIGTA Field Division Addresses and Phone Numbers

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Law Offices of Darrin T. Mish, PA

100 S. Edison Ave. Suite A, PO Box 3414, Tampa, FL 33606 (813) 229-7100
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