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Income Taxes

A quick guide to your rights in the federal income tax system.

It seems as if some Americans can never quite get used to the idea of paying income taxes. In fact, just about every year another self-proclaimed expert comes forward to claim that the federal income tax is unconstitutional. And just about every year, the federal government puts this so-called "expert" behind bars and imposes penalties and interests on the unpaid taxes he owes to the IRS.

No matter how we may feel about it personally, the legality of the income tax is well established. The passage of the 16th Amendment to the Constitution in 1913 gave Congress the power to levy an income tax, and that power has been consistently upheld by the federal courts.

The Internal Revenue Service (IRS) is the federal government's tax collecting agency. In addition to collecting taxes, it publishes all the federal government's official tax forms and schedules. The IRS also interprets and enforces the tax laws enacted by Congress. Needless to say, those interpretations are designed to maximize the amount of revenue the federal government receives, not to minimize the tax burden placed on individuals and companies.

Not so long ago, the IRS offered taxpayers few opportunities to complain about the treatment they suffered when taxes were collected, or penalties imposed. Many observers felt that the IRS simply was not held accountable for its actions in the same way other government agencies were.

In 1988, Congress enacted the "Taxpayer's Bill of Rights," which imposed new limits on the IRS and required it to inform taxpayers about their rights when the IRS investigated their returns. Under the Taxpayer's Bill of Rights:

  • You have the right to professional representation in any IRS hearing;

  • You have the right to record interviews conducted by IRS agents;

  • You have the right to end an interview and seek a tax professional's assistance;

  • You have the right to propose installment payments on taxes you owe;

  • You have the right to appeal tax auditor's decisions and tax liens;

  • You have the right to get help from a Problem Resolution Officer (PRO) to prevent the IRS from seizing property or garnishing wages, or forcing you into bankruptcy.

One of the most important provisions of the Taxpayer's Bill of Rights is your right to have a Problem Resolution Officer's assistance. If you have a complaint about an overdue refund, or the imposition of additional taxes, or any complaint about the way you have been treated by an IRS employee, you should contact the Problem Resolution Officer (PRO) at the IRS Service Center for your area. These specially trained personnel then have five days in which to attempt to resolve your problem. If they cannot do so, then you must be advised of the status of the problem and provided with the name and telephone number of the person who is responsible for handling it.

 

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