IRS Taxpayer Advocate Directives

13.2.1.6  (07-16-2009)
Taxpayer Advocate Directives

  1. Delegation Order 13-3 (IRM 1.2.50.4), empowers the NTA to issue Taxpayer Advocate Directives. TADs mandate that functional areas make certain administrative or procedural changes to improve a process or grant relief to groups of taxpayers (or all taxpayers). This authority is discussed at IRM 13.1.4, TAS Authorities.

  2. TADs work in much the same way that Taxpayer Assistance Orders (TAOs) grant relief. But while a TAO requires only the approval of an LTA, the authority to issue a TAD is delegated solely to the NTA and may not be re-delegated .

  3. TADs are limited to situations in which the NTA has previously requested a change to improve a functional process or grant relief to taxpayers. TADs do not interpret law. They will only be used when the NTA believes specific actions are necessary to:

    • Protect the rights of taxpayers;

    • Ensure equitable treatment; or

    • Provide an essential service to taxpayers

  4. The NTA will summarize TAD activity, including Proposed TADs or Advocacy Memoranda, in the National Taxpayer Advocate's Fiscal Year Objectives Report to Congress.

13.2.1.6.1  (07-16-2009)
The TAD Process

  1. Before considering a TAD, the NTA first attempts to work with the process owner(s) to implement change. To facilitate negotiations, advocacy proposals for procedural or policy changes will be communicated to the affected operating area(s) via:

    1. Informal Communication;

    2. Advocacy Proposals;

    3. Proposed TADs; and

    4. TADs.

13.2.1.6.1.1  (07-16-2009)
Informal Communication

  1. The EDSA and staff should always partner with process owners to resolve advocacy issues. If informal discussions and negotiations break down, the LTA and DFSA Advocacy Analyst should discuss the next step with management who may then work with the process owner to reach agreement.

  2. Depending on the nature of the issue, the EDSA or the NTA may or may not decide to pursue informal communication with the pertinent IRS function. If informal communication does not resolve the issue, the Systemic Advocacy representative will draft an Advocacy Proposal for submission by the EDSA .

13.2.1.6.1.2  (07-16-2009)
Proposed TAD

  1. A proposed TAD may be used when process owners do not respond to an advocacy proposal or do not agree to implement a recommendation. In most cases, this serves as a step prior to a formal TAD from the NTA.

  2. A proposed TAD may transmit a proposal and recommendations directly to the process owner.

  3. A proposed TAD is sent to the Area Director, Territory Manager or Head of Office of the responsible operating area(s), generally at the Headquarters functional level.

    1. If a policy or procedure is unique to a specific territory, region, or campus, the proposed TAD may be addressed to the head of that office (with a copy to the headquarters Functional Chief).

    2. A copy of the proposed TAD will be sent to the Deputy Commissioner for Services and Enforcement.

  4. A Taxpayer Rights Impact Statement (TRIS) is a written analysis from the NTA to the particular OD or function relating to the IRS activity or procedure that infringes on taxpayers’ rights or unnecessarily burdens taxpayers.

  5. Proposed TADs and TRIS's are generally not sent until after the function is given an opportunity to work with the NTA to resolve the issue.

  6. The proposed TAD will specify a time period to respond. The NTA may grant an extension.

    1. The response can take the form of an agreed action to resolve the problem, a counterproposal, or an explanation of why the proposed action or change cannot or should not take place.

    2. The NTA may accept an alternative suggestion or proposal by the function to jointly work toward a solution.

13.2.1.6.1.3  (07-16-2009)
Issuing TADs

  1. The NTA may issue a TAD if the process owner does not respond to a proposed TAD within the specified time period, or if the NTA receives what he or she considers an unsatisfactory response.

    1. The TAD will explain why the function’s response is not satisfactory.

    2. A copy of the TAD will be provided to the operating division or function and the Deputy Commissioner for Services and Enforcement.

  2. In instances where the NTA determines that the problem is immediate in nature and will have a significant negative impact on taxpayers, he or she may issue a TAD immediately, without the intervening step of a proposed TAD.

    1. This will be done only if the NTA and the Deputy Commissioner determine that allowing normal timeframes would keep the action from being implemented.

    2. The Deputy Commissioner will immediately review such "expedited" TADs.

    3. The parties involved (the NTA, the Deputy Commissioner, and the chief of any impacted operating division or function) will meet as soon as possible to resolve the issue.

13.2.1.6.2  (07-16-2009)
TAD Appeal Process

  1. The only avenue of appeal, should a functional area disagree with the TAD, is to the Deputy Commissioner for Services and Enforcement. See IRM 1.2.50.4, Delegation Order 13-3 (formerly DO-250, Rev. 1) (01-17-2001), Authority to Issue Taxpayer Advocate Directives.

    1. The chief of the area(s) subject to the TAD may appeal the proposed action within ten (10) calendar days of the date on the TAD.

    2. An appeal must include analysis of why the proposed action cannot or should not be implemented.

    3. The NTA or Deputy Commissioner may extend the ten-day period if he or she determines more time is needed to provide information or analysis that was not included in the response to the TAD.

13.2.1.6.3  (07-16-2009)
Role of Systemic Advocacy in the TAD Process

  1. The Systemic Advocacy organization is responsible for assisting with reviewing and finalizing Advocacy Memoranda, Proposed TADs and TADs, in addition to TRIS's. The following steps will be taken if a memorandum is to be issued:

    1. The team under the direction of the Attorney Advisor will draft the memorandum, with required attachments.

    2. The Technical Analyst will ensure that the technical content is correct and the issue properly documented.

    3. The designated analyst consults with the Special Counsel to the NTA about the content of the memorandum.

    4. The Special Counsel to the NTA reviews all proposed TADs and TADs.

    5. The Technical Analyst will submit the memorandum to SA management for approval and signature.

    6. The EDSA will brief the NTA on any advocacy memorandum before submitting it to the process owners.

    7. The OSA management will determine and elevate any issue that requires NTA signature to the NTA for issuance.


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