First Drones… Now Robo Audits

In its continuing quest to collect more taxes, the IRS is targeting small business. For the past several years, individuals instead of being audited by a live human being, are being audited by computer and unresponsive mail audits. In order to get more money, the IRS is expanding this secret surveillance to audit small businesses. By using the Robo audits, the IRS can attack more small businesses, and attempt to collect more money.

The way this works is the IRS uses many of its matching computer information documents. For example, if you are a restaurant business and tips are put on credit card receipts, the IRS will track those tips, determine an average percentage and apply that as additional wages to your employees. This way they can collect more taxes from the employer in the form of 941 employment taxes, and they can also go after the employee to collect more income tax.

The problem with these audits is that there is no educated human being to speak to concerning the issues. Typically the IRS proposes an absurdly large amount of tax due by disallowing many of the proper deductions taken by the business and inflating the gross receipts. It sends a bill to the taxpayer and the taxpayer has a short period of time, 90 days, to file its case in US Tax Court. If not, the taxpayer is stuck having to try to come up with this huge amount of tax and infighting and expensive battle in the US Court of Federal Claims.

Because this just appears to be a letter and not a real audit, many business people will be fooled into not retaining tax professionals, especially tax attorneys and CPAs to help them fight these audits.They will suffer.

First government has drones in the sky keeping track of us, now they have drones doing the auditing and keeping track of all business transactions. I sure feel secure!

Ronald J. Cappuccio, J.D., LL.M. (Tax), business and tax attorney, has more than 30 years of tax and business law experience. As a lawyer since 1976, admitted to practice before NJ State and Federal Courts, including the US Tax Court and the Court of Federal Claims, I have helped clients from around the U.S. as well as multi-national clients. I have dedicated my life to agitating people – especially the IRS and government functionaries. I have never worked for the IRS and therefore I do not have to worry about them as former colleagues. Fighting the government so you can keep your money is just plain fun for me!

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2 comments on “First Drones… Now Robo Audits

  • Mr. Cappuccio, in the above posting you did not mention the Appeals Division that provides the opportunity for a taxpayer to have their case reviewed before going to the 90 day letter that takes them on to the Tax Court. This is available to all taxpayers upon the conclusion of an IRS audit. They have 30 days after the conclusion of the audit to request a hearing with Appeals. CW.

  • It is true that you can go to Appeals after you receive a “Notice of Determination” also known by the short-hand “30 Day letter.: Unfortunately, when there has been no information provided at the examination level, few Appeals Officers will do a full audit.The job of auditing should be at the exam level, not Appeals. Since there is no human being to send it back to do the audit, I believe Appeals will end up frequently simply approving the RoboAudit and a Notice of Deficiency will be issued. That has been the pattern with personal roboaudits.

    This is really going to be a disaster for many small/mid-sized businesses that do not have a representative and treat this like the full audit it is.

    Ron Capppuccio

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