home *** CD-ROM | disk | FTP | other *** search
- BOOKS, Page 67The Tax Collector Gets Audited
-
-
- By R.Z. SHEPPARD
-
- A LAW UNTO ITSELF: POWER, POLITICS, AND THE IRS
- by David Burnham
- Random House; 419 pages; $22.50
-
-
- In the late 1950s, the literary critic and historian Edmund
- Wilson found himself in trouble with the Internal Revenue
- Service. Preoccupied with big ideas and momentous events,
- scraping by on stipends and feeling generally Olympian, he had
- neglected to file income tax returns between 1946 and 1955. The
- distinguished delinquent eventually paid up, but to settle the
- score he wrote The Cold War and the Income Tax, a 118-page
- pained yawp that argued there was not much difference between
- the IRS and the KGB. "The truth," wrote Wilson in 1963, "is
- that the people of the United States are at the present time
- dominated and driven by two kinds of officially propagated
- fear: fear of the Soviet Union and fear of the income tax."
-
- Wilson was a forceful man of letters, not numbers. That may
- explain why the only Wilsons in David Burnham's blistering
- critique of the Internal Revenue Service are "James," a Supreme
- Court Justice who in 1794 rendered the decision that allowed
- President Washington to put down an armed tax revolt by
- Appalachian moonshiners; "Frank," an IRS investigator who
- helped nail Al Capone; and "Bob," a Republican Congressman tied
- to a tax ruling for ITT during the Nixon Administration.
- Nonetheless, Edmund remains half-right. Nightmares about the
- Soviets may have receded, but Americans have yet to lose their
- fear of filing.
-
- With justification. Burnham, a veteran investigative
- reporter and author (The Rise of the Computer State), suggests
- that the IRS frequently uses its extraordinary powers of
- coercion in a presumptuous and reckless manner. He illustrates
- the charge with numerous cases, a few obviously selected for
- comic relief: the New York teenager, for example, who
- questioned the constitutionality of the income tax in a letter
- published in the Buffalo Courier-Express. Suspecting criminal
- noncompliance, 15 agents tailed the boy for four days,
- discovering that he talked to his mailman, ate pizza and read
- pornographic magazines. True, he never filed a tax form, but,
- then, he was still a dependent with no income.
-
- That the IRS is another flawed bureaucracy is no surprise.
- When accountants find time for lunch they speak of little else.
- Whiffs of scandal occasionally become gusts, like a former IRS
- assistant commissioner who could not adequately explain why he
- charged the agency for airfare to visit his girlfriend.
- Burnham's audit includes abuses and inefficiencies that date
- back more than 50 years. Recent probes by the General Accounting
- Office have discovered broad areas of error and mismanagement.
- A study covering 1987, notes Burnham, concluded that the IRS
- failed to keep orderly accounts of its $1 trillion annual
- collections. For the same year, the GAO found that nearly half
- its samplings of 6 million notices and letters that the service
- sent to taxpayers were "incorrect, unresponsive, unclear or
- incomplete."
-
- There are worse transgressions. Burnham cites cases of
- illegal IRS wiretapping, a bias against liberals and a frequent
- blind eye turned to its own regulations. Two years ago, the
- House Commerce, Consumer and Monetary Affairs subcommittee
- convened hearings on IRS procedures. Two weeks ago, the service
- announced a new ethics plan.
-
- Burnham would prefer new blood; senior-level officials, he
- notes, nearly always have at least 20 years of service and have
- become locked into bad habits. "They have known about the
- mistakes for a very long time. And having spent their entire
- adult lives working in IRS offices and going to IRS parties and
- traveling with IRS partners to IRS meetings, they could be
- forgiven for thinking that they knew best." What they continue
- to know for sure is that they raise the money that runs the
- country, and that without a certain fear factor the system
- euphemistically known as "voluntary compliance" would not work.
-
- Burnham's analysis is preoccupied with the power of an
- insular agency operating outside the usual system of checks and
- balances. Yet would tax collecting be less feared or more fair
- if the Legislative Branch took a greater role in running the
- IRS? It was Congress, after all, that created the so-called Tax
- Reform Act of 1986, a document so complex and contradictory
- that, Burnham says, it repeatedly stumped a convocation of some
- of the country's best tax lawyers and accountants. Part of the
- reason was that the ink from the Government's laser printers
- had hardly set when special interests were ordering tailor-made
- loopholes from their favorite legislators. Burnham does not
- delve into tax regulations -- the main source of unfairness --
- but then he is only a reporter, not a masochist.
-
- Unfortunately for the IRS, A Law unto Itself appears about
- the same time that taxpayers are receiving their forms for
- 1989. Will Burnham's form this year be the only piece of
- official IRS mail he finds in his box? He tells us that nearly
- everyone he interviewed said, at one point in their
- conversation, "I sure hope you have a good accountant."
-
-
-
-
-
-
-
-
-
-