IRS Case Evidence

25.1.11.9  (01-09-2008)
Case Evidence

  1. Original documents are the best evidence. Always strive to view or obtain original documents. If you have any doubts about the authenticity of a document, you should firmly request that the original be produced.

  2. Never write on or alter original documents in any way. Work papers are secondary evidence. Make a copy to use if you want to make notes on the face of the document.

  3. Documents and correspondence obtained from the taxpayer or other third parties should be retained as potential evidence.

  4. The following is a listing of some examples of possible fraud indicators; however, this list is not to be considered all inclusive:

    Suspicious or unusual patterns on tax returns:

    • Identical names on different returns

    • Numerous or similar post office box addresses

    • Suspicious looking or similar hand written documents

    • Similarities on multiple returns, e.g., refund amount, withholding amount, credits, losses, dependents, etc.

    • Often mail includes several returns in the same envelope

    False W-2s:

    • Excessive withholding in comparison to wages

    • Typewritten

    • Inconsistent typing format

    • "Applied for" annotated in lieu of EIN

    • EIN/company name mismatch

    • Computerized W-2s in different format

    • Erasures or white outs

    • Substitute W-2

    • Sloppy typing

    • Upper and lower case typing

    • Missing information such as EIN, SSN, FICA, address, State EIN, etc.

    Inconsistent 1040 Income and Deductions:

    • Questionable dependent information, e.g., relationship, dates of birth, dates of death

    • Occupation in relation to income

    • Refund amounts

    • Age and income inconsistencies

    • Excessive itemized deductions (50% or more) in comparison to AGI

    • Unusual deductions for the taxpayer's occupation

    • Multiple returns with similar deductions

      Schedule C Discrepancies:

    • Business income with little or no expenses

    • Unreported self-employment tax

    • EITC claimed

    • Multiple returns with similar characteristics

    • Unrealistic occupation

    Questionable Amended Returns:

    • Analyze these forms using the same techniques recommended for W-2s, W-2Gs, 1099s, and 1040 returns

    Unscrupulous Return Preparer Patterns:

    • Same/similar deductions, credits, expenses, etc., on multiple returns causing refunds, including the following:

    • Same filing status (IMF)

    • Same occupation (IMF)

    • Same child care provider (IMF)

    • Excessive deductions/losses

    • Different businesses at the same address

      Note:

      the above indicators should be seen on a number of returns prepared by the same representative in order to effectively establish a pattern


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