[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] SCAM SPOTTING: CAN THE IRS EFFECTIVELY PROTECT SMALL BUSINESS INFORMATION? ======================================================================= HEARING BEFORE THE COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ HEARING HELD APRIL 6, 2017 __________ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Small Business Committee Document Number 115-015 Available via the GPO Website: www.fdsys.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 22-966 PDF WASHINGTON : 2017 ---------------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON SMALL BUSINESS STEVE CHABOT, Ohio, Chairman STEVE KING, Iowa BLAINE LUETKEMEYER, Missouri DAVE BRAT, Virginia AUMUA AMATA COLEMAN RADEWAGEN, American Samoa STEVE KNIGHT, California TRENT KELLY, Mississippi ROD BLUM, Iowa JAMES COMER, Kentucky JENNIFFER GONZALEZ-COLON, Puerto Rico DON BACON, Nebraska BRIAN FITZPATRICK, Pennsylvania ROGER MARSHALL, Kansas VACANT NYDIA VELAZQUEZ, New York, Ranking Member DWIGHT EVANS, Pennsylvania STEPHANIE MURPHY, Florida AL LAWSON, JR., Florida YVETTE CLARK, New York JUDY CHU, California ALMA ADAMS, North Carolina ADRIANO ESPAILLAT, New York BRAD SCHNEIDER, Illinois VACANT Kevin Fitzpatrick, Staff Director Jan Oliver, Deputy Staff Director and Chief Counsel Adam Minehardt, Minority Staff Director C O N T E N T S OPENING STATEMENTS Page Hon. Steve Chabot................................................ 1 Hon. Nydia Velazquez............................................. 2 WITNESS Hon. J. Russell George, Inspector General, Treasury Inspector General for Tax Administration, Washington, DC................. 3 APPENDIX Prepared Statement: Hon. J. Russell George, Inspector General, Treasury Inspector General for Tax Administration, Washington, DC............. 20 Questions for the Record: None. Answers for the Record: None. Additional Material for the Record: None. SCAM SPOTTING: CAN THE IRS EFFECTIVELY PROTECT SMALL BUSINESS INFORMATION? ---------- THURSDAY, APRIL 6, 2017 House of Representatives, Committee on Small Business, Washington, DC. The Committee met, pursuant to call, at 10:00 a.m., in Room 2360, Rayburn House Office Building, Hon. Steve Chabot [chairman of the Committee] presiding. Present: Representatives Chabot, Radewagen, Kelly, Gonzalez-Colon, Bacon, Fitzpatrick, Marshall, Velazquez, Murphy, Lawson, Clarke, Espaillat, and Schneider. Chairman CHABOT. The Committee will come to order. We have votes we think approximately 15 to 20 minutes from now. So, and the ranking member will be here shortly. We both spoke on the floor and we understand that she will be here in a few minutes. So I am going to go ahead and give my opening statement now. I cleared it with my colleagues on the other side of the aisle to make sure I took out all my attacks on Nydia in my opening statement because she was not here to defend herself. So, and I am just kidding, obviously, for those who may take that seriously. So good morning. We thank everyone for being here. A special thanks to our witness, the Honorable J. Russell George, who is taking time away from his busy schedule to be here with us today. As tax season heats up, so, too, does tax fraud season. In testimony before this Committee last year, IRS Commissioner John Koskinen reported that a cyber breach had exposed taxpayer data from over 700,000 accounts. Commissioner Koskinen also told us that IRS computer systems are under constant attack from would-be hackers to the tune of 1 million attempted cyberattacks per day. A million cyberattacks every single day. Criminals are becoming ever more sophisticated and ruthless in the ways that they can make attacks on identity theft and file fraudulent returns with ill-gotten personal information. At a minimum, the goal of the IRS must be to make this crime harder, not easier, for identity thieves to commit. Identity theft is growing at a truly alarming rate. According to the most recent figures from the Bureau of Justice Statistics, more than 17.6 million Americans, including 2.6 million seniors, fell victim to this terrible crime in 2014. Seniors are attractive targets for identity thieves because they are more likely to have life savings, own their own home, and have good credit. All of us on this Committee have heard heartbreaking stories from our constituents, especially seniors, who have been victimized by this crime. Identity theft does not just rob its victims of their money and their credit; it robs them of their sense of security and peace of mind. As we have heard in previous hearings, most recently our series on small business cybersecurity, too often small businesses are targeted for this type of cybercrime because they often lack the resources to protect themselves. It has become clear that the IRS, like all agencies trusted with the American people's most sensitive personal information needs to step up its game. While the IRS may have taken a few limited steps in the right direction, there are countless additional steps that must be taken to ensure taxpayer information is adequately protected. To be clear, this is not an issue of funding at the IRS; it is an issue of priorities at the IRS. If the IRS can pay out big bonuses to its employees, some of whom were implicated in the targeting of Americans for their political views, it should be able to find the money to protect people's data from identity thieves. If the IRS can pay for its employees to travel to new training events and prioritize the enforcement of Obamacare over basic customer service, then there really is no excuse for failing to protect taxpayer information from thieves. Our witness today is charged with periodically evaluating the IRS's efforts to safeguard taxpayers' personal information, including those of small businesses. It is my hope that he will shed light on the specific systems and procedures currently in place at the IRS and make recommendations for improvement going forward. I look forward to hearing from our witness, Inspector General George, this morning, and I will yield to the ranking member when she gets here, which we understand will be very soon. The ranking member is recognized for 5 minutes. Ms. VELAZQUEZ. Thank you, Chairman. It is the first week of April and that means tax day is right around the corner. Over the next few weeks, millions of Americans will be trying to get their taxes filed on time. But this time of year also brings out criminals who target individual taxpayers, business owners, and tax preparers. In recent years, thousands of people have lost millions of dollars and their personal information to tax scams and fake IRS communication. The Association of certified 5 Fraud Examiners found that a typical organization loses an average of 5 percent of revenues each year due to fraud, translating to $3.7 trillion total. And although we typically hear of scams targeting individual taxpayers via phishing emails and phone calls, small businesses are actually more vulnerable. Whether it is a lack of awareness of cybercriminals, small firms and their tax preparers are increasingly becoming the focus of identity theft. Small business owners are already hampered by complying costs and the worry about data security adds an additional layer to that complexity. Identity theft and the refunds claimed from it has become an increasing problem the IRS is battling to address. In fact, the agency said it rejected 1.8 million fraudulent returns filed in 2014 worth $22.5 billion in refunds. Unfortunately, the IRS also paid out approximately $3.1 billion in fraudulent returns. Not only must the IRS protect itself from fraud; they are also tasked with alerting taxpayers to popular tax scams. Every year the IRS releases its ``daily dozen,'' a list of scams from phishing, phone scams, preparer fraud, and employer noncompliance schemes. In addition to publications, the IRS took steps to bring all stakeholders to the table for their Security Summit Initiative, a public-private partnership to amplify security risks and design new and innovative safeguards. The summit has led to a more active role by taxpayers to protecting their personal financial information. While this is a step in the right direction, more must be done to address the needs of small business taxpayers and their battle against criminals. Today's hearing will give us the chance to hear from the Treasury Inspector General for Tax Administration about how the IRS is educating, mitigating, and preventing scams for a small business customer. I hope we can take a lesson from the audience performed by TIGTA and develop multi-tiered approaches to combat identity theft and other scams harming our nation's small businesses. With that, I welcome the gentleman for taking time to share his insights and help us seek solutions to this issue. Thank you. Mr. Chairman, I yield back. Chairman CHABOT. Thank you very much. The gentlelady yields back. It is a close call, but I am inclined since we have got a fair number of members here to let you testify now. If members have to leave to vote, you know, the first vote is open longer. So, and I am going to forgo the explanation of your distinguished background. The gentleman before us today, of course, is Inspector General for Tax Administration, and you are recognized for 5 minutes, sir. STATEMENT OF THE HONORABLE J. RUSSELL GEORGE, INSPECTOR GENERAL, TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION Mr. GEORGE. Thank you, Chairman Chabot, Ranking Member Velazquez, members of the Committee. Thank you for the opportunity to testify on scams and their impact on individuals and the business taxpayers. Can the IRS protect taxpayer information? That is the primary premise of this hearing. Our ongoing work shows that the IRS is making progress. However, tax scams are constantly evolving, which will require the IRS to continually adapt its detection and prevention processes. Since May 2012, my office has issued a number of reports that address the IRS's efforts to detect and prevent the filing of fraudulent individual and business tax returns by identity thieves, as well as the IRS's efforts to assist victims. Identity theft refund fraud occurs when an individual uses another person's or our businesses name and taxpayer identification number to file a fraudulent tax return for the purpose of receiving a tax refund. For example, identity thieves file fraudulent business tax returns using the employee identification numbers of active or inactive businesses. Most recently, we reported in February 2017, that IRS efforts are resulting in improved detection of identity theft of individual tax returns before fraudulent tax refunds are released. Beginning with the 2017 filing season, the IRS now has more timely access to third-party income and withholding information to compare against tax returns while processing these returns. Previously, the IRS did not have this information early enough in the filing season which had prevented it from making substantial improvements in its fraud detection efforts. Access to this information at the beginning of the filing season is the single most important tool to detect and prevent tax fraud related identity theft. As I stated earlier, the IRS recognizes that new identity theft patterns are constantly evolving. As such, the IRS needs to continually adapt its fraud prevention processes. In September 2015, we reported that the IRS recognized a growing threat of business-related identity theft, and in response was implementing the processes to detect identity theft on business returns. However, TIGTA found that the IRS is not using data that it has readily available to proactively identify business identity theft. In response to TIGTA's recommendations, the IRS is expanding its detection filters to identify business identity theft. For the 2017 filing season, the IRS is using 25 filters to identify potentially fraudulent business tax returns and prevent the issue of fraudulent tax refunds. Individuals can also be victims of employment-related identity theft which occurs when a taxpayer's stolen identity is used to gain employment. This can cause a significant burden due to the incorrect computation of taxes and Social Security benefits based on income that does not belong to the taxpayer. In August 2016, we reported that during the period February 2011 to December 2015, the IRS identified almost 1.1 million taxpayers who were victims of employment-related identity theft, but were not notified. In January 2017, the IRS began notifying victims. In addition, our ongoing audit found that the IRS's processes are not sufficient to identify all employment-related identity theft victims. Finally, TIGTA has reported that the IRS is not effectively providing assistance to taxpayers who report that they have been victims of identity theft, resulting in an increased burden for those victims. In July 2015, the IRS created a centralized unit to combine the skills of employees working identity theft cases and multiple functions into one directorate. This has resulted in improvements in case closure timeframes and a reduction in case closing errors. To help protect identity theft victims and improve authentication, the IRS began using unique identification numbers for victims in fiscal year 2011. This number helps the IRS verify a victim's identity when their tax return is filed so that the processing of the return and the refund is not delayed. However, TIGTA has identified that victims of identity theft tax accounts were not always consistently updated to ensure that these identification numbers were generated as required. Identity theft imposes significant financial and emotional hardship on individuals and businesses. Chairman CHABOT. Excuse me, General, I am going to ask if you would suspend at this time. I think what we should do is go over and vote and then we will let you continue when we come back. Mr. GEORGE. Mr. Chairman, that is fine. I am effectively done, so. Chairman CHABOT. Okay. We will be back. We have two votes. Since this vote is almost through we should be back, I am guessing, in 20 minutes or so, 25 minutes at the most, I think. Mr. GEORGE. Very good, sir. Chairman CHABOT. So we are in recess until we come back after votes. [Recess] Chairman CHABOT. I note for the record that the ranking member did beat me back here today. We will go ahead and continue. And General, if you had any concluding remarks there, or you could take up where you left off if you would like? Mr. GEORGE. I have one additional paragraph, Mr. Chairman. Chairman CHABOT. Okay. Mr. GEORGE. And so suffice it to say, identify theft often imposes significant financial and emotional hardships on individuals and businesses. We at TIGTA remain concerned about these attempts to defraud taxpayers through identity theft and other scams. We will continue to review the IRS's efforts to prevent tax-related identity theft and investigate any instances of attempts to corrupt or otherwise interfere with the Nation's system of tax administration. Thank you. Chairman CHABOT. Thank you very much. And now members will have 5 minutes. I am not sure how many members we will have actually come back because once votes are over for the week we tend to scurry to all parts of this great Nation. Ms. VELAZQUEZ. And a storm. Chairman CHABOT. Yeah, and there is a storm going on. Mr. GEORGE. That is true, too. Chairman CHABOT. So, you know, planes, and I think people are heading for the airport, including myself and the ranking member probably in the near future. So I will recognize myself for 5 minutes. First of all, you mentioned the State Suspicious Filer Exchange Initiative in both your September 2015 and February 2017 reports. How many States are now participating? And has this program been expanded to business filers as you recommended back in 2015? Mr. GEORGE. As of January 1st, 43 States now participate in the program. IRS now includes business tax filings in the information shared with State tax agencies. Again, of the 43 States that participate, 33 have elected to receive confirmed business identity theft/fraud information from the Internal Revenue Service. Chairman CHABOT. Thank you. In your testimony, you noted that the Consolidated Appropriations Act of 2014 requires the IRS to issue a notice to an employer requesting an address change to make employers aware in case the request was unauthorized. What process did the IRS use prior to that time to confirm that an address change request was authorized, if any? Mr. GEORGE. Sir, it was surreal. First of all, we are not aware of any prior processes, formal processes that the IRS used prior, or at least proactively to confirm address changes, but the perverse part of all of this, sir, was that in many respects, the IRS was communicating with people who were, in effect, identity thieves. So if someone used a legitimate taxpayer's address or name and taxpayer identification number and then used an address for themselves, in effect, a fake address, the IRS could communicate with the fraudster, the criminal. And the legitimate taxpayer was left in the dark. Chairman CHABOT. Thank you very much. With regard to the telephone impersonation scam, you mentioned the advise-and-disrupt strategy that you are using to flood reported telephone numbers with automated calls. However, you also noted that these scammers often generate a fake number for the caller ID. How effective is this program if most of the phone numbers the intended victims see are not the numbers from which the calls originate? And has this strategy ever resulted in calling some innocent person's phone line over and over again? Mr. GEORGE. Yeah, this has been one of the biggest challenges to the IRS in this modern age, sir. A lot of the crooks are using VoiceOver internet protocols which allow them to fake ID caller ID information on people's telephone numbers. We have been effective in a number of ways in terms of addressing this. One, we have put out the word, and that is something that I wanted to ask all members of this Committee and every member of Congress if they could help us in terms of your communications with your constituents, please put out the word about this. Knowledge is the most powerful, I think, tool that anyone can have in terms of addressing this overall issue so that people-- my late mother used to, because this first occurred while she was still alive, she would say to me, ``Russell, I got this call. I hung up on them.'' And she was so proud of that. I mean, she was emphatic about, ``I hung up on them.'' And I said, ``Mom, that is the right thing to do.'' But what we have done, two things. We have established on the web a listing of telephone numbers that we are aware of where many of these calls are emanating from so that a taxpayer or someone who suspects that they were approached by criminals can input the telephone number and see that, yes, we have identified this as a false number. Two, we have called back a lot of these numbers and in effect said to the people who answered, ``Hey, we are aware of what you are doing. Cease and desist.'' And three, we have also attempted to work with some of the telecommunications companies to help put these numbers out of service. Chairman CHABOT. Thank you very much. My time is almost expired so rather than go into it and go over, I am going to go ahead at this time and recognize the ranking member for 5 minutes to ask questions. Ms. VELAZQUEZ. Thank you, Mr. Chairman. Many small business taxpayers are not aware of identity theft until it is too late. What would you suggest is the best way for the IRS to reach out to businesses to educate them on identity theft and how to protect themselves? Mr. GEORGE. Great question, Ranking Member Velazquez. One, the IRS has taken efforts. They recently convened a group of private sector organizations to help, one, inform them of the problem, and two, to enlist their assistance in both becoming aware of the problem further, but to help educate once again those who are potentially the victims. Ms. VELAZQUEZ. Okay. So do you believe that the Small Business Administration has a role to play assisting the IRS? And are you aware if such collaboration exists? Mr. GEORGE. You know, that is outside of my area of expertise, but yes, my thinking is and my recommendation is that the Small Business Administration should play an active role in this. Ms. VELAZQUEZ. In fiscal year 2016, Congress appropriated an additional $290 million to the IRS for key areas that directly support taxpayers, including increasing telephone Level of Service, cybersecurity activities, and identity theft prevention and refund fraud mitigation activities. Do you believe this additional increase was sufficient for the IRS to carry out its duty to protect small businesses? Mr. GEORGE. It was of assistance, yes. Now, the vast majority of that additional funding was used to increase the level of service that the Internal Revenue Service provides to taxpayers by way of its toll-free telephone number, which is extraordinarily important, especially during the tax filing season. But at the same time, if given additional resources, the IRS is able to do additional work. Ms. VELAZQUEZ. Thank you. We often hear about tax scams during this time of the year, but what we do not realize is that small businesses are considered good targets by the scam artists. In order to be adequately prepared, what is the best practice for a small business owner when they encounter such a scheme? Mr. GEORGE. To, one, again, knowledge is power. You have heard that in various areas of your lives, but it is so true in this regard. Two, I mean, use common sense. I mean, just as you as an individual hopefully check your bank statements, businesses need to do so, also. Three, you cannot rely on the CFO necessarily alone, especially if you outsource. You have to be actively engaged here. And four, in all candor, I mean, there is too much reliance on assuming that electronic systems of accounting for your work will watch out for you and be in your best interest. You know, you have to be proactive. You have to ensure that you take the steps necessary to ensure that you safeguard your business and your employees. Ms. VELAZQUEZ. Okay, thank you. In your written testimony you indicate that the IRS uses 197 identity filters for individual returns and 25 filters for business tax returns, and these are used to identify potential fraudulent tax returns. I know business tax returns are different, but do you think 25 filters is enough for a business tax return? Mr. GEORGE. You know, I hesitate, Ms. Velazquez, to elaborate too much on the number of filters and how the IRS is going about doing this only because I do not want to give a roadmap to the perpetrators of this. Ms. VELAZQUEZ. Sure. Okay. Mr. GEORGE. The bottom line is the IRS, and I give them a lot of credit, they are being proactive in this regard to help produce processes to identify this area. In addition, it is important that we note, and I am not just wanting to give credit to my auditors and my investigators, you know, the IRS really did not have a great grasp of the magnitude of the problem. First of all, we brought it to their attention, and they did work on their own, also, I am not taking anything away from them, of the individual tax fraud problems. And then we followed up with the business tax-related problems, fraud- related problems. So they really did not have their arms around this. We have outstanding work that we are doing that we hope to complete in the not too distant future which will assist them further in this regard. Ms. VELAZQUEZ. Thank you. Chairman CHABOT. Thank you. Ms. VELAZQUEZ. I yield back. Chairman CHABOT. Thank you. The gentlelady yields back. Her time is expired. And the gentleman from Kansas is recognized for 5 minutes. Mr. MARSHALL. Mr. Chairman, can you get back to me in 30 seconds, after the next person? Chairman CHABOT. I would be happy to do that. We are going to go into a second round at this point, so I will go to myself if that is okay and give you a little time there. General, the report you released earlier this week contained some very disturbing findings, particularly for small businesses. You mentioned that in October 2014, IRS Criminal Investigations, CI, instituted a policy that it would no longer pursue seizure and forfeiture of funds from legal sources that merely appeared to have been structured. However, you found that most of the seizures for structuring involved legally obtained funds while the intent of the statute is to pursue illegal activity. This is really important for small businesses because, based on their size, they are likely to make bank deposits in frequent intervals of less than $10,000. If CI is not following its own policy in this regard, what do you recommend to ensure that innocent small business owners are not unfairly targeted? Mr. GEORGE. Thank you for that question, Mr. Chairman. This is the first time I have had a chance to speak publicly about this extraordinarily troubling situation. We discovered over 91 percent of the seizures were of a legal source of income. And again, just for the benefit of those who may not be familiar with the overall issue, there is a Federal statute that requires financial institutions to report transactions in excess of $10,000 to the appropriate government agency. And what the Internal Revenue Service was doing in the meanwhile is a lot of bad people would structure, meaning transfer $7,000 and then $3,000, which if they had done the $10,000 transfer would have spurred the reporting requirement. But by breaking it up, otherwise saying structuring, they were able to avoid that. And so the IRS Criminal Investigation Division had a system established so that they spotted these unusual tactics. Now, in an ideal world, perfect if it were to work that way because, in all candor, a lot of people who engage in illegal behavior do try to avoid the reporting requirement by doing that. But again, our report showed that of the vast majority of the people who were being caught up by the IRS's Criminal Investigations Division processes were not engaged in criminal behavior, and the most troubling aspect of this is they were having a very difficult time either getting their money back because the IRS was allowed to seize that money, to forfeit it. So then the burden of proof was shifted to the innocent taxpayer, and in many instances that money was never returned to the innocent taxpayer. So the IRS has now stopped that practice. We hope through this report, and again, the actions of members of Congress, people will, one, seek to get their money back and, two, that the IRS never again engages in this type of behavior. This is very troubling, sir. Chairman CHABOT. Thank you very much. I am glad you had the opportunity to clear that up because it is really unfair to a lot of small businesses that have been caught up in that. In the short time I have remaining, let me ask you this. I had an opportunity during votes to talk with my Democratic colleague from Illinois, Brad Schneider, and he had a suggestion which I would like to raise at this point if I can. He said he is all the time getting notices that somebody has logged in under your name at such and such, and it is him, and I have had this happen to me. I am sure a lot of the folks in this room have as well. So in this area about somebody else filing a tax return and it is not you, and by the time you file yours you find out somebody else already fraudulently did that and got a return and then maybe you can get it cleared up. You ultimately get your money, but it is going to be slower and it is a hassle to go through this. Why not when a taxpayer files his or her return, why not have the IRS immediately send back a notice to them saying, hey, thanks, we just got your return? Because then you know that it happened. What about that? Mr. GEORGE. Well, in theory that does occur, especially if you use some of those tax preparation software where literally they say to you the moment you file your return, check back within 24 hours to confirm that the IRS received your return and that everything is fine. So what was extraordinarily troubling, Mr. Chairman, is when the IRS would say, you know, our advice to you is to file early so that you beat the bad guy before he or she files a return in your name. So, but in terms of paper returns that was not the case in terms of paper returns. That, what you are suggesting, was not happening, and I do not believe it is happening. Chairman CHABOT. I thought Mr. Schneider had a great idea so I am going to ask probably staff on both sides to maybe look into this and see if there is not some way we can put this into effect, maybe save a lot of people a lot of heartache. My time is expired, so we will now recognize the gentlelady from Florida, Ms. Murphy, who is the Subcommittee ranking member on Contracting and Workforce, for 5 minutes. Ms. MURPHY. Great. Thank you so much for being here and for your testimony. Mr. GEORGE. Good morning. Ms. MURPHY. Efiling has become more prevalent, but so has identity theft and refund fraud which we talked a little bit about here. TIGTA has been actively involved in working with the IRS to find solutions to combat this fraud. In your opinion, is the IRS doing enough with the stakeholder community to prevent that identity theft? Mr. GEORGE. They are doing, candidly, as much as they can given the resources that they have. Over the last few years, as you may be aware, the IRS's budget has been cut dramatically and their responsibilities have been increased dramatically given the ACA and the role that they have to play with that. Could they do more? Yes, but it is almost--I am trying to think of a right metaphor here, but the bottom line is if they do more in this area, they have to do less in this area. Ms. MURPHY. So you are saying that they do not really prioritize protection against identity theft against the other responsibilities that they have? Mr. GEORGE. Well, during the filing season their goal is, to the extent that they can, is to ensure that taxpayers who either reach them by phone, which again is an issue because of reduced resources, or who go to Taxpayer Assistance Centers, or have the ability to get questions answered. And yet, until they--and again, during my opening statement I made reference to a new directorate that the IRS created which is dedicated to helping victims of tax-fraud related identity. Prior to that they used to have those same individuals who would normally handle those types of cases, one, answer the telephone for people who had basic tax questions and, two, those types of cases were assigned to random IRS officials. There was no dedicated person for the taxpayer to reach out to as you may find in the private sector where if you have a problem with a credit card, it is Ms. Jones or Mr. Jones whose extension is given to you and that is the person you would reach out to. So that is changing for the better, but again, the bottom line is more resources would help the IRS in this area. And as I pointed out earlier, the tax cheaters, they are a very, you know, flexible sort. They change their means. They are located across the globe. This is truly a challenge for not only the IRS, but in this obvious instance we are referring to them. Ms. MURPHY. And then to just dig into the part that you talked a little bit about, trying to streamline a bit of the processing of the fraudulent cases, you know, for small businesses it is really critical for them to have timely processing of their refunds, and they operate on such slim margins. What else do you think TIGTA can do to ensure that small firms are not hindered by the fraud prevention efforts? Mr. GEORGE. Information. Getting the word out. Again, I mentioned that earlier. It is so important, and this is a group effort. At TIGTA, we have done it through television interviews and media releases. I do not know if you have this at your local pharmacy, but I saw at my pharmacy where the inspector general of the Department of Health and Human Services says-- there was a sticker from him that said if you encounter fraud, if something suspicious is occurring, you know, call us. We have done the same at TIGTA now, and it is effective in that we get the word out. If you suspect someone is cheating you because of a telephone impersonation scam or any other type of criminal wrongdoing, call us at our 800 number, email us, and that is how we get a lot of the leads that we pursue. Ms. MURPHY. Great. Thank you very much. And I will yield back the remainder of my time. Chairman CHABOT. Thank you. The gentlelady yields back. The gentleman from Kansas, Dr. Marshall, is recognized for 5 minutes. Mr. MARSHALL. Thank you, Mr. Chairman. I guess my first question has to do with cybersecurity in the sense of, in this case, identity theft. I think it is probably the same bucket of problems. I go to the Science and Space Technology Committee meeting and we talk about healthcare records being attacked, and I am sure if I was on a military committee we would be talking about it. What type of communications are we doing between the different agencies to work with each other? Is there one particular group of people that is really, really studying this problem hard and fast and trying to disseminate that information to let you do your job better, I guess? Mr. GEORGE. You know, that is a very good question, Dr. Marshall. The problem that the IRS encounters is the Tax Code. Title 26, Section 6103 of the United States Code places severe restrictions on the type of information that the IRS can share with anyone, and these include criminal penalties. So literally, I cannot tell you about a particular constituent's tax information without--my lawyer is here--without risking prosecution. So being specific regarding that in terms of an individual's case, I mean, a taxpayer can sign a waiver to allow you as the congressman or representative or someone, a lawyer or an accountant, to represent them on their behalf. At last, there are efforts, government-wide, obviously, to look at cybersecurity threats. And in a couple of instances, again, as it related to the Affordable Care Act, where we and HHS-OIG were able to work together because of the overlapping role that we both played in that area. Mr. MARSHALL. Yeah, and it seems like the privacy issues are backfiring. People give oversight to commodities. When one commodity system gets hacked, they are not allowed to share with their brethren that there has been a hack and prevent the next person. I do not have a solution, but at least I am trying to recognize the problem. I think I am going to change the direction a little bit. If, indeed, we could get the majority of taxpayers to be able to file their income tax on a postcard, how would that help free up your life or make your life better or worse? Mr. GEORGE. Candidly, I think you would have some of these scammers produce postcards or addresses and say send that information or that remittance or what have you to this address versus the official. It would help the taxpayer in terms of complying. That has been my position ever since holding this job, sir. Make the ability to comply with the tax burden as simple as possible and most likely you are going to get an increase in tax compliance and revenue owed to the U.S. Now, technically, that is a tax policy question, and ever since the Reagan administration, sir, the Secretary of the Treasury has indicated that it is the assistant to the secretary for Tax Policy who speaks on it. But given the way you phrase it, I feel comfortable with the answer that I gave. Mr. MARSHALL. Are you given a chance to make suggestions how to make it simpler? Mr. GEORGE. That is tax policy, so. The short answer, though, is yes, if we say--and this was the case with the First-Time Homebuyers credit that you may recall from the Reinvestment Act, the forms were such that people were able to bypass some legal requirements that they would otherwise be required to comply with. So when we identified the problems with the forms--and these were basic issues like how much money is a property worth, something along those lines, which ultimately affects how much money they would have to pay back every year--we were able to make the suggestion which the IRS did adopt, which made it more efficient. Mr. MARSHALL. Okay. I will try to slip in one last question here. My constituents talk about wanting a kinder, gentler IRS, and I think of the fire marshal who comes by and he gives us a list of things to fix and if we get it fixed within 30 days we are okay. Do you feel like in the past several years you are kind of going in that direction? Is there more room to grow, or what are you doing from that standpoint? Mr. GEORGE. Yes, I think there is. And again, and I did not bring, I normally keep it in my pocket, but third-party information. If a taxpayer knows that the money that he or she is being taxed on is reported by a third party, the compliance rate, meaning the amount of money in taxes that they pay, is in the upper 90 percent. And I am just going to cut to the other end. The same statistics, and they are somewhat dated, but the bottom line is people who engaged in all-cash transactions, the tax compliance rate was near 20 percent, you know, 20, 30 percent. So having third-party information, and thanks to Congress recently passing a law that requires the IRS to receive information prior to processing tax returns, that is extraordinarily helpful in terms of compliance. Chairman CHABOT. The gentleman's time is expired. Mr. MARSHALL. Thank you. I yield. Chairman CHABOT. Thank you. The gentleman from Florida, Mr. Lawson, who is the ranking member of the Subcommittee on Health and Technology, is recognized for 5 minutes. Mr. LAWSON. Thank you very much, Mr. Chairman. And welcome to the Committee. Mr. GEORGE. Good morning, sir. Mr. LAWSON. For several years the IRS has been criticized for lack of efficiency. Can you speak to the budget issue that would probably make the IRS operate more efficient? I do not know whether you can speak to that issue or not, but early on I just heard you say cuts in the budget caused some restraints on what you could do. Mr. GEORGE. You are correct on both accounts, sir. I am not in a position, because the President's budget has not been formally released, to address the impact of whatever the current administration is going to ultimately propose for the IRS formally. But the bottom line is with additional resources, the IRS could do more, there is no question. And again, many of the reports that my office has issued during my tenure did in the past show a waste on the part of the IRS with conferences and with videos and the like, and bonuses to people, which were not a good use of the taxpayers money. But at the same time, for the most part, the IRS is really down. They used to be at least 100,000, an equivalent, you know, the FTE number of employees that they had, and they are now in the 80,000 range. Now, they have been able to automate a lot of things, and they have collected a record amount of tax revenue over the last few years, but in terms of the amount of customer service, in terms of the amount of time someone has to wait to speak to an IRS employee over the telephone, those numbers have also increased in a way that I think is unacceptable. But otherwise, I am going to have to stop there in terms of the impact of the current budget because we do not have the formal number. Mr. LAWSON. Okay. I understand. I hear commercials on the radio all the time, if your debt exceeds $10,000, give us a call and we will get the IRS, put them in place, and reduce this down. And people pay money to do that. How does that work? I mean, do they have a special inside track with the IRS than the average person that are running these commercials? Mr. GEORGE. You know, sir, you really touched on something that is important, but, you know, I have got to be careful here because it also touches on tax policy, but also with Dr. Marshall, if you make it as easy as possible for people to comply with their tax obligations, they are going to do so. And there is an interesting statistic, but I want to get right to your point. That commercial is advertising a service that an individual could do by him or herself. So you can reach out. It is Offer in Compromise. You could call the IRS and do it yourself. However, as like a lawyer, sometimes it is better to have an expert who has experience to do it for you, whether it is for time reasons or just out of convenience. So yes, I have seen that. I do not know how much they charge. I have not had a need to take advantage of that, fortunately, but the bottom line is, again, it is a matter of convenience. And there are some people who are in dire straits, but there is no question the IRS is willing to work with taxpayers. And so it is not criminal. It is not criminal for these businesses to engage in this, but, again, too many taxpayers do not realize they do not need to do that. They can do it themselves. Mr. LAWSON. Another quick question I am going to try to get in. When people have gone delinquent for maybe 3 years and the interest rates that you all charge, do you all work with them on reducing the interest rate so that you all can get the amount of money that you need from the tax return? Mr. GEORGE. No, that is the IRS. Just to make sure we are clear. The inspector general, we are separate. We are not part of the IRS. We are part of the Department of the Treasury overseeing the IRS. Mr. LAWSON. Okay. Mr. GEORGE. And so I am not very familiar with the amount of interest that they charge, but I do know, in all candor, the IRS is flexible as it relates to any past due debt. They would rather that people who owe money pay money than someone not pay it. And you are right, many times the interest can exceed the initial amount owed. Chairman CHABOT. The gentleman's time---- Mr. LAWSON. I yield back, Mr. Chairman. Chairman CHABOT. Thank you. The gentleman's time is expired. And I would compliment the gentleman on an excellent question on the $10,000. I have heard those ads many times. I sort of wondered the same thing. Fortunately, as the general, I have not been in that position so I have not needed those services, but I thought about that. And I would assume that the $10,000 they are saying is because the company, they say if your debt is more than $10,000, because they do not want to mess around with folks that are below that so they are trying to make more money by hitting folks that have bigger debts. Would that be--there is no magic in $10,000? Mr. GEORGE. There is no magic in $10,000, and again, I am guessing here, but I am almost certain that it depends on the amount of money that you owe and the amount of money that you ultimately pay will figure into their fee. Chairman CHABOT. The IRS does negotiate with people on occasion if they think they are in tough financial straits and are not going to be able to pay and they are trying to work with them. Is that correct? Mr. GEORGE. That is my understanding. Chairman CHABOT. So if you ever want to use services, perhaps they do so much of it they sort of know how to, for lack of a better term, work the system, and maybe that benefits the person, and then again, maybe it does not. Mr. GEORGE. That is my understanding, sir. Chairman CHABOT. Okay, thank you. Excellent question. Chairman CHABOT. The gentlelady from American Samoa, Mrs. Radewagen, who is the chairman of the Subcommittee on Health and Technology, is recognized for 5 minutes. Mrs. RADEWAGEN. Thank you, Chairman Chabot, and Ranking Member Velazquez. Inspector General George, welcome. Thank you for testifying today. American Samoa, like the other States, files taxes with the IRS. What resources do you believe that the U.S. Department of Treasury and the IRS can provide to U.S. territorial governments to protect the identities and information of their residents? Mr. GEORGE. That crosses, you know, not only the territories, but every State and the District of Columbia. It has to make sure that the American people have the confidence that the information that they provide to the IRS is safeguarded. If people lose confidence that the information they provide is not going to be cared for, it could undermine the overall system of our Nation's tax administration system and that could be problematic. This is not a direct response to your question, but this is something that I was averring to earlier when I was responding to an earlier question. A study done by the IRS Tax Oversight Board showed that most people would say, literally, again, almost approaching 100 percent, that they should pay the taxes that they owe when the question was posed to them. But when the question was varied slightly and they said, well, your neighbor down the block only pays 50 percent of what she owes, then they say, well--then what should your requirement be? And the number grows from near 100 percent closer to 50 or 60 percent. So when people know that everyone is paying what they owe and that the IRS is doing what it needs to do, they have confidence. They will comply. Again, it also goes to a simplicity of complying. Mrs. RADEWAGEN. Thank you. Mr. Chairman, I yield back the balance of my time. Chairman CHABOT. Thank you very much. The gentlelady yields back. The gentleman from Nebraska, Mr. Bacon, is recognized for 5 minutes. Mr. BACON. I want to thank the inspector general for being here. As a 30-year Air Force veteran, I know the importance of the inspector general. And I would like to also say I have been a victim of credit card and fake identity, or a combination thereof, three different times. One time while deployed to the Middle East, a guy took my identity. He was living in a five- star hotel. My wife caught him and had to fight really hard to get him arrested and held accountable. But I think Americans are tired of this because so many of us have been victims. I would like to ask you, how does the IRS work with law enforcement when they finally catch someone scamming? Mr. GEORGE. Great question. Again, there are hoops that have to be jumped through. Again, I made mention of Title 26 of the United States Code, it is Section 6103, places severe restrictions on the type of information that the IRS can proactively share. Mr. BACON. With law enforcement? Mr. GEORGE. Even to law enforcement. But the individual can give the IRS license to release information, and that is normally how it is pursued. That is my understanding at least. Mr. BACON. Can we pass a bill of some type or legislate, making it easier to hold these people accountable? Mr. GEORGE. You know, I do not think it is a question of legislation in this instance, Congressman. I really do not. One, you do have to have a victim who is willing to cooperate with law enforcement, as most victims are unless they are engaged in somewhat---- Mr. BACON. Or you have some who have been dead for a while and they are using a deceased person. So it is hard to get their permission. Mr. GEORGE. Well, again, you know, obviously, I would argue an estate, you know---- Mr. BACON. Right. Mr. GEORGE.--or someone would on their behalf. So, but there is no question it is knowledge, sir. Mr. BACON. Right. Mr. GEORGE. And that is part of the problem. A lot of people, especially seniors, obviously deceased individuals, may not have an estate which is large enough to have an executor or someone or administrator or someone who is being proactive in that regard. Mr. BACON. Right. Mr. GEORGE. So this is an area, sir, where can you eliminate all types of crime? Mr. BACON. No, but I would like to put a lot more of them in jail. Mr. GEORGE. I am with you 100 percent, sir. Mr. BACON. So I would love to work with--or us with you and as a team to figure out how do we put our brains together because I think this is way too rampant. People are getting off scot-free, and I think if we put an effort on this--I believe in deterrence. Throw more people in jail, maybe less people will do it. Maybe a parallel question. How do you tackle this when it is an overseas scam, say from Nigeria or wherever it may be? Mr. GEORGE. Another great question. I am extraordinarily proud to give my colleagues, especially on the investigative side of my house at TIGTA, a pat on the back. We recently, working with the Department of Justice and a few others, announced the indictment of a number of firms in India, and these were firms--the irony is a lot of those call firms that are legitimate, if you call Xerox--not Xerox, but you know, one of these telephone or computer companies and you are transferred, you do not where they are; many of them are located in India. These small call centers where in the morning or night, depending on the time of day, you had a segment who were answering legitimate questions from consumers, and then we found that there was a small division over there who were engaged in these telephone scam things. I am calling from the IRS. You owe $10,000. You need to pay immediately. You need to use an iTunes card. You need to stay on the phone and do this while I am talking to you. And you would be surprised, sir, how many people fall prey to that, especially senior citizens and the like. So, by working with the Indian Government, as well as, obviously, Interpol and other law enforcement agencies, we were able to obtain indictments. And unfortunately, those indictments were here in the U.S., so while there were a number of people who were domestic who we were able to arrest, more were overseas, and unless they come into the United States--it is not just India, too, just to be clear. There are many other countries. Mr. BACON. I really think your favorable status as an IRS would go way up if you start showing some convictions on people scamming and doing fake IDs and taking advantage of the taxpayers. A related question or something that you were talking about and you may not be able to speak to it here, I realize when you have your funding cut it is very hard to do everything that you want to do and that is just a fact of life. And part of that was because of the targeting of the conservative and religious groups. Are there any investigations within the IG that are still working in that realm? Mr. GEORGE. The short answer is yes, and we will be releasing shortly, in effect, a follow-up report to that initial. But I have to once again, Congressman, make it clear, I am not part of the IRS. Mr. BACON. Okay. Part of the inspector general. Mr. GEORGE. I am part of the Treasury. So, and we are the ones who identified that problem back in 2013. Mr. BACON. Thank you. Mr. GEORGE. No, thank you. Chairman CHABOT. The gentleman's time is expired. The chair is going to suggest that the gentleman, since you have had this experience a number of times, I am going to put at your disposal the resources of our staff here to see if we cannot move forward in conjunction with the witnesses we have here today and others to see if we cannot make some progress in this area, whether it is legislative or whether it is regulatory or whatever it is, there are a lot of people getting ripped off for an awful lot of money and I commend the gentleman--would the gentleman accept that? Mr. BACON. I would love to have that responsibility. Thank you, Mr. Chairman. I think it is so widespread, Americans want to see accountability and people held responsible for doing this. And I do not think we see it, so we sense it has happened all around us and not enough is being done to counter it. Chairman CHABOT. Thank you. And I would note for the record that the gentleman is literally a general, you know, a real general. You are a real general, too, but I mean a military general and is used to ordering people around. So I think he will get to the bottom of this. Mr. BACON. I appreciate the inspector general in the Air Force not having to look my way too often, so. Chairman CHABOT. The gentleman's time, as I say, has expired. The gentleman from Pennsylvania, Mr. Fitzpatrick, is recognized for 5 minutes. Mr. FITZPATRICK. Thank you, Mr. Chairman and the Ranking Member. Thank you, Mr. George, for your time. Mr. GEORGE. Good morning. Mr. FITZPATRICK. Two questions. Number one, in our region, I suspect we are not unique as well, there has been somewhat of an uptick in criminal prosecutions by the U.S. Attorney's Office surrounding the Earned Income Tax Credit. What we have seen in some of the cases are parents selling the tax credits for their children; in some cases, disabled children in homes having their identities being used for tax credit purposes. Do you think that that tax credit in particular is more susceptible to fraud than others? And if so, what can we do here in Congress to mitigate that risk? Mr. GEORGE. That issue, sir, has been so pervasive. Over 20 years ago, I was a staffer here on Capitol Hill, and it was the Government Reform and Oversight Committee at that time. It was a Government Management, Information, and Technology Subcommittee, and we issued a report on improper payments, and the earned income tax--refundable credits in general, but the Earned Income Tax Credit in particular was one of the most--I do not want to use the word ``wasteful'' because it does have a beneficial impact on the part of taxpayers who need it, but it is so susceptible to fraud. It was back then in the billions of dollars. It is now 20-plus years later in the billions of dollars. So it is a program that is not--I do not want to say effectively overseen, but because it is refundable, meaning that someone does not necessarily have to owe taxes in order to receive the benefits of it, it is abused. And it is something that Congress--we have brought it to Congress' attention many times. I have testified I cannot tell you the number of times about it and the additional child tax credit, the education tax credit. There are so many tax credits that the IRS has not effectively overseen in terms of its use. Are they reducing the number of improper payments? Yes. But is it to the extent that it should be? There should be none. There should be none, but there are. Mr. FITZPATRICK. In the area of debt collections, it is my understanding that private debt collectors are being used now by the Treasury Department. Is there a concern that that is going to create some confusion, particularly amongst the elder population who have been targeted by a lot of these scams? Mr. GEORGE. Literally this week, the IRS will be formally rolling out this program. The short answer is yes, I think there will be confusion. It used to be, literally a week ago, my response to this question would have included the IRS will never reach out to you or a representative of the IRS would never reach out to you proactively. So if someone calls and claims to be calling on behalf of the IRS, it is a scam. Hang up. Now, that has changed. But the only thing that could possibly benefit the overall system is prior to that phone call the IRS is to send a letter indicating that their case, your tax obligation, has been assigned to a private debt collector and do expect a telephone call from someone who is trying to collect the amount of money that you owe. Now, of course, again, as a former prosecutor, and again, having been in this job for a while, I can imagine the bad guys will soon catch on to this, and I hesitate to say this publicly, but it is what it is, will then now send a letter and find some logo and say we are going to call you. And then, of course, you know, give them some fake number to use or whatever the case might be. But this is a challenge for the IRS, sir. There have been a couple of iterations of private debt collectors being used by the IRS dating back to the 1990s with very mixed success in terms of their effectiveness. But it is either this or, in all candor, having hundreds of billions of dollars sitting there uncollected by the IRS, accruing interest, but ultimately not paying, and there is a statute of limitations in effect on how long the IRS can avoid collecting money from taxpayers. Mr. FITZPATRICK. Thank you. My time is expired. I just want to say that I think it goes without saying, but if the Treasury Department could just try to be vigilant in staying a step ahead because it does create a lot of angst, particularly amongst the senior population, and if there is a place that they could go, a hotline that people would actually answer questions that we could send to our constituents, it would be incredibly helpful. Mr. GEORGE. And Mr. Chairman, with your indulgence---- Chairman CHABOT. Go right ahead. Mr. GEORGE. Congressman, that is extraordinarily important, and I made this point. I do not know if you were in the room at the time, it is so important in your mailings to your constituents, you know, TIGTA--the Treasury Inspector General for Tax Administration, TIGTA--we have a hotline, we have websites, we have a telephone number. Please, if in doubt, even with the legitimate, call us, call the IRS to confirm. Do not fall prey. And too many people, and the amounts of money, especially amongst seniors that they are paying in false requests, it is troubling. Chairman CHABOT. Thank you very much. The gentleman's time has expired. And we want to thank the inspector general for participating today. The IRS faces truly a daunting challenge in combating tax identity theft, and this battle is one that we must win. It is essentially for the fair and efficient and effective functioning of our tax administrative system overall, and we appreciate the hard work of General George in overseeing the IRS performance and progress in this area. And thank you for sharing that today. Equally important to the objective evaluation of current conduct are your thoughtful recommendations for improvement going forward. You play an important role, and we want to thank you for being here today to share your insights with us, and we hope that we can continue to work together to improve the safety and security of our small businesses in particular, but individuals on their personal tax forms as well in the tax arena as we move forward. I would ask unanimous consent that members have 5 legislative days to submit statements and supporting materials for the record. Without objection, so ordered. And if there is no further business to come before the Committee, we are adjourned. Thank you very much. Mr. GEORGE. Thank you, Mr. Chairman. [Whereupon, at 11:28 a.m., the Committee was adjourned.] A P P E N D I X [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]