Saturday, September 21, 2013

How to Beat the IRS

IRS Information Technology Does Not Meet Legal ‘Rules of Evidence’ Requirements

How to Beat the IRS
(audio archive on Freedom's Radio)

“Deficiencies remain concerning (1) material weaknesses in internal control over… information security, (2) a significant deficiency in its internal control over tax refund disbursements, (3) a noncompliance with the law concerning the timely release of tax liens, and (4) financial management systems’ lack of substantial compliance with FFMIA requirements.”

- GAO Audit Report, IRS Fiscal Years 2010-2011


This program is worth listening to:


On the calendar, click on the program for Thursday, September 19, 2013, then click on the link in blue to activate the player. Scroll to the 30 minute point to bypass introductory stuff. The speaker is introduced as “Mr. Smith”, but he is really Red Beckman, who appears regularly on “Walls in Your Mind” on BlogTalkRadio (see below from a recent email).

Red Beckman worked with Bill Benson in performing the research that proved that the Sixteenth Amendment was never legally ratified.

In this presentation on Freedom’s Radio, Red explains how the computer-generated transcripts introduced into evidence by the IRS at due process hearings or in Tax Court, do not, according to repeated  General Accounting Office reports, meet required legal standards for accuracy, trustworthiness, reliability, and data security. Accordingly, by objecting to these IRS transcripts and having them disallowed as evidence of record, a defendant will have removed the only evidence the IRS can present, thereby effectively destroying the IRS case.

Go to the 55 minute point on the recording to hear Red describe exactly how this objection should be made.

Here are several links to examples of GAO reports describing the many problems with the IRS information technology system. As Red explains, IRS computers are not capable of automatic calculation of individual income tax data. All such calculations are made by hand by IRS agents and the results manually entered into IRS computers. This brings into sharp focus the well-known observation that no two IRS agents are likely to achieve the same result on any set of input data for an individual income tax return.



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FINANCIAL AUDIT – IRS’s Fiscal Years 2011 and 2010 Financial Statements


What GAO Found

“In GAO’s opinion, IRS’s fiscal years 2011 and 2010 financial statements are fairly presented in all material respects.

However, serious internal control and financial management systems deficiencies continued to make it necessary for IRS to use resource-intensive compensating processes to prepare its balance sheet. Because of these and other internal control, compliance, and system-related deficiencies, IRS did not, in GAO’s opinion, maintain effective internal control over financial reporting as of September 30, 2011, and thus did not have reasonable assurance that losses and misstatements material to the financial statements would be prevented or detected and corrected timely.

During fiscal year 2011, IRS continued to make strides in addressing its deficiencies in internal control. For example, to address its information security
deficiencies, IRS formed cross-functional working groups to identify and remediate specific at-risk information security control areas and made  improvements in several system-level information security controls.

However, deficiencies remain concerning (1) material weaknesses in internal control over unpaid tax assessments and information security, (2) a significant deficiency in its internal control over tax refund disbursements, (3) a noncompliance with the law concerning the timely release of tax liens, and (4) financial management systems’ lack of substantial compliance with FFMIA requirements. The continuing material weakness in internal control over unpaid tax assessments results primarily from IRS’s reliance on financial management systems that do not substantially comply with FFMIA requirements and that affect IRS’s ability to produce reliable financial statements without significant compensating procedures.

IRS’s continued material weakness in information security controls limit IRS’s ability to provide reasonable assurance that (1) the financial statements are fairly presented; (2) financial management information relied on to support day-to-day decision making is current, complete, and accurate; and (3) proprietary information processed by these automated systems is appropriately safeguarded. These issues increase the risk of inappropriate access, alteration, or abuse of proprietary IRS programs
and electronic data and taxpayer information.

Further, during fiscal year 2011, IRS continued to face management challenges in developing and institutionalizing the use of financial management information, specifically cost- and revenue-based, outcome oriented performance information, to assist it in making operational decisions and measuring the effectiveness of its programs.

Sustained management efforts will be necessary to build on the progress made to date and to fully address IRS’s remaining internal control, compliance, and systems deficiencies and remaining financial management challenges.”

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“Also in fiscal year 2007, IRS continued to have a material weakness in internal control over information security. In particular, it had deficiencies in its controls over access to the automated systems and software applications it relies upon to process its financial transactions, produce its internal and external financial reports, and safeguard related sensitive infiltrations. As result, IRS was limited in its ability to provide reasonable assurance that (1) its financial statements, taken as a whole, were fairly presented; (2) the financial information IRS relied on to make decisions on a daily basis was accurate, complete, and timely, and (3) proprietary financial and taxpayer information was appropriately safeguarded.”


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Information on Red Beckman:


What Matters More, The Power to Elect or
the Authority to Hold Bad Politicians Accountable?
If The People realized that the authority delegated to government is but a fraction of the authority held and reserved by The People, and they realized that The People could set up People’s Boards of Government Review to oversee ALL government activity for the purpose of holding Elected, Appointed and Commissioned government actors accountable to their Oaths of Office, then is it possible that the solution has always been in the hands of The People? 


Terry Dodd, Red Beckman and Dr. Kate
invite you to listen in, chat and call in.


Show Link for this show: (Thursday night, 9 to 11 p.m. Eastern, 7 to 9 p.m. Mountain)
CALL IN NUMBER: 347-838-9176


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