A bill to amend the Internal Revenue Code of 1986 to provide additional rights and protections for taxpayers in dealings with the Internal Revenue Service.
Taxpayer Safeguard and Protection Act of 1987 - Title I: Provisions Relating to Liens and Levies - Amends the Internal Revenue Code (IRC) to entitle a taxpayer, in the event of a wrongful levy on property, to the prompt return (within 14 days) of the property in question or, if the property has been sold, to the greater of the amount received from its sale or its fair market value immediately preceding the levy. Treats property wrongfully levied upon and subsequently lost or destroyed while in the possession of the United States as if it had been sold at its fair market value immediately before the levy.
Permits a taxpayer to request the sale of seized property within 60 days. Directs the Secretary of the Treasury (Secretary) to comply with such a request unless it is adverse to the best interests of the United States.
Requires the Secretary, in the case of a wrongful lien, to issue a certificate of release of the lien stating that the lien was erroneusly imposed.
Directs the Secretary to provide toll-free telephone numbers for: (1) discussion of alleged Internal Revenue Service (IRS) administrative errors with respect to a taxpayer; and (2) 24-hour access to taxpayers experiencing emergencies associated with any lien or levy imposed under the internal revenue laws.
Extends from ten to 20 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property.
Increases for levy purposes the exempt amount permitted for certain personal effects, the property of a business, and wages.
Exempts from levy: (1) welfare payments under title IV (aid to families with dependent children) of the Social Security Act; (2) supplemental security income under title XVI of the Social Security Act (aid for the aged, blind, and disabled); (3) State or local government public assistance programs whose eligibility requirements are based on income or need; and (4) unemployment training allowances under the Job Training Partnership Act.
Revises levy exemptions related to service-connected disability payments to: (1) remove the exemption of certain veterans' life insurance benefits; and (2) add exemptions for wartime and peacetime death compensation, burial benefits, and dependency and indemnity compensation for service-connected deaths.
States that levy exemption provisions shall not apply to withholding taxes.
Title II: Statement Disclosing Rights and Obligations of Taxpayers - Requires the Secretary to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the IRS during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws.
Title III: Civil Damages for Unauthorized Disclosure or Use of Return Information by Return Preparers - Amends the IRC to permit a civil cause of action for damages in district court for a taxpayer with respect to whom a tax preparer discloses or misuses tax return information. Permits such actions only when: (1) six months have elapsed since the taxpayer notified an appropriate Federal official of the improper disclosure; and (2) statutorily-authorized prosecution of the offender was not begun during that six-month period.
Title IV: Tax Court Jurisdiction to Redetermine Interest on Deficiencies - Amends the IRC to authorize the Tax Court, upon the motion of a taxpayer who has paid the entire amount of a deficiency assessment plus the associated interest, to reopen the case solely to determine whether the taxpayer has made an overpayment of interest because of mathematical error in its computation. Provides for judicial review of any order redetermining interest due.
Title V: Reports; Improvement of Taxpayer Assistance - Directs the Secretary, not later than July 1, 1988, to prepare and submit to specified congressional committees a report on: (1) the effectiveness of the Office of the Taxpayer Ombudsman and of the Problem Resolution Program; (2) the results of IRS quality improvement procedures; and (3) the adequacy of IRS training programs with respect to preparing individuals for effective and helpful interaction with taxpayers.
Directs the Assistant Commissioner (Inspection) of the IRS and the Taxpayer Ombudsman, not later than July 1, 1988, jointly to prepare and submit to specified congressional committees a report on: (1) significant problems taxpayers experience in dealing with the IRS; and (2) the status of current projects designed to improve IRS communication with taxpayers.
Expresses the sense of the Congress that: (1) the level of taxpayer service should be improved to assure taxpayer compliance with the Tax Reform Act of 1986; and (2) the IRS should conduct taxpayer interviews at a time and place convenient to both taxpayer and interviewer, continue to permit taxpayers to record IRS interview proceedings, improve its handling of taxpayer inquiries and correspondence, and take steps to ensure that taxpayers do not incur unnecessary legal, accounting, or other expenses as a result of IRS delays, errors, or requests for redundant information.
Became Public Law No: 100-647.
Introduced in House
Introduced in House
Referred to House Committee on Ways and Means.
Provisions of Measure Incorporated Into H.R.4333.
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