L. Keith Jordan, CPA
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In Defense of the IRS

December 13, 2006

Yesterday, the Internal Revenue Service issued a mea culpa statement. Estimates of the cost of the foul-up range from about $100 million to about $300 million.  The error? Refunds issued to taxpayers who weren't due them. The cause? A brand new $21 million solution that was apparently put in place before it was ready -- and of course, the old system was already unplugged.

There's plenty of blame to go around, and plenty of reasons for the failure. IRS Commissioner Mark Everson blamed both the IRS and the contractor for underestimating the complexity and difficulty of the system -- and warnings of problems went unheeded.

Okay, the IRS messed up -- again. And again, taxpayers are out millions of dollars. And yes, everyone loves to hate the IRS bullies.

But before we get too carried away sneering at the IRS, let's step back and look at the real problem. Our current tax law is a convoluted mess of rules and regulations that bear no reasonable relationship to reality. Constitutional prohibition of ex post facto laws and the Constitutional guarantee of "innocent until proven guilty" are suspended. The laws are sometimes designed around shady, backroom deals; they are sometimes the product of pork barrel politics; and they are often the result of the federal government's efforts to tinker in social and economic engineering.

This most recent example of IRS mess up is just one more case in support of a totally revamped tax collection system -- either a flat tax or a national sales tax. And before the opponents of such systems start howling about regressive taxes, let me point out that many states have had state sales taxes in place for decades with seemingly no ill effects to the taxpayers.

There are most likely two reasons that opponents rail against the leading proposed alternatives to our current system. First, no one minds someone else losing their deductions, but everyone wants to preserve their own deductions. Second, either of the alternatives would create difficulties for those who want to dabble in economic and social engineering. In reality, no new system could be implemented without some modifications to accommodate both of these obstacles.

Yes, the IRS is not perfect -- but neither is the tax code, and successions of Congress and Presidents are responsible for crafting and enacting the nightmare. And don't forget the beloved bureaucrat who takes a few pages of law and creates an entire library of bureaucrat-ease for tax professionals and taxpayers to follow. Blaming the IRS alone is the same as blaming the police for the laws that seem unfair -- they don't write 'em, they just enforce 'em.

So what can you do? Keep contacting your congressional representatives. Don't hope for any miracles, but don't give up either.

 

 

 

 


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