IRS employee fired for not filing or paying

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Demosthenes
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IRS employee fired for not filing or paying

Post by Demosthenes »

http://www.cafc.uscourts.gov/opinions/08-3138.pdf
Wesley was an information technology specialist with the Internal Revenue Service (IRS) in Memphis, Tennessee. When it was discovered that he had failed to properly file income tax returns in 2001, 2002, 2003, and 2004 as well as failing to timely pay his tax liability in 2001, 2002, and 2003, the IRS removed him from employment, claiming that his conduct violated “Section 1203(b)(9) of the Restructuring and Reform Act of 1998” (RRA) and/or “other laws rules or regulations including Section 2635.809 of the Office of Government Ethics (OGE) Standards of Conduct.” The board affirmed, finding that the agency proved by a preponderance of the evidence that Wesley had violated section 1203(b)(9) of the RRA, and therefore removal was mandatory.
The record contains substantial evidence to support the board’s finding. It reached its decision based on the testimony of the tax specialist that conducted Wesley’s tax audits for the tax years at issue in this case. It found that in each year, Wesley and his wife claimed business losses of over $30,000, and received extremely large tax refunds that a reasonable person would have investigated.
A reasonable person might question the huge refunds, but not the IRS...
Demo.
Quixote
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Re: IRS employee fire for not filing or paying

Post by Quixote »

The lesson of the story is that an IRS employee should never agree to an audit assessment. The board and the court seem to see his agreement as an admission of guilt, rather than as the recognition of an error.
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat
Imalawman
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Re: IRS employee fire for not filing or paying

Post by Imalawman »

I first thought, by reading the title of the thread, that Webhick had been advising the IRS and they decided to burn some employees (say interns) in order appease the tax gods, thereby reducing the amount of people not paying or filing. What a relief!

Edit - title used to read: "IRS Employee fire for not filing or paying"
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Duke2Earl
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Re: IRS employee fired for not filing or paying

Post by Duke2Earl »

I don't know what the current drill at IRS is but many years ago when you were hired at the IRS they automatically did an audit. If it was found the new employee was not in compliance with the law then they were let go.
My choice early in life was to either be a piano player in a whorehouse or a politican. And to tell the truth there's hardly any difference.

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Quixote
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Re: IRS employee fired for not filing or paying

Post by Quixote »

Duke2Earl wrote:I don't know what the current drill at IRS is but many years ago when you were hired at the IRS they automatically did an audit. If it was found the new employee was not in compliance with the law then they were let go.
The Treasury Union convinced IRS management that it was unfair to single out IRS employees for special scrutiny, so the automatic audits ended about 20 years ago. Later, more intrusive provisions that single out IRS employees for special scrutiny were introduced apparently without complaint, or at least without effective complaint, from the union.
"Here is a fundamental question to ask yourself- what is the goal of the income tax scam? I think it is a means to extract wealth from the masses and give it to a parasite class." Skankbeat