Missing E-Mail Is the Least of the IRS's Problems
bloombergview.com
bloombergview.com
Last year, after requesting an ITIN for my wife (who is not a US citizen and thus requires an SSN-esque replacement to be able to file joint taxes), we received two letters from the IRS. One had the ITIN. The other denied our request for the ITIN on the basis that "We have already issued her an ITIN." Apparently, the IRS explains, that second letter should have immediately set my accountant and I to doing forensic debugging of their protocols, because it means that something "seriously wrong" happened to our returns.
What? Glad you asked. See, the IRS had lost my return. "What?" The paper was "in the building somewhere" -- we had gotten a receipt -- but they were unaware of what desk it was at. (Their first hypothesis was "You failed to file", and they threatened penalties for that, until being confronted with a Post Office return receipt. Which is, by the by, why you should always get a receipt.)
My accountant took over yelling at them for a while to find the return, and they eventually did, and -- miracle of miracles -- they typed it into the computer. Twice. Thus generating two separate and equal returns going through non-idempotent processes, such as ITIN generation.
When those two returns met up in the reconciliation stage, they blocked each other from processing. No one at the IRS noticed this, for approximately 7 months, until my third call to their CS line got someone to actually look at the file. She hit "delete" on the duplicate. (I really hope she was simplifying that for me, because it scares me if they can actually delete anything.) Return processed almost immediately, refund check cut 48 hours later.
I almost feel sorry for them on being unprepared to unearth potential political malfeasance, because that is after all a distraction from the day to day administration of the Revenue Code, but processing returns is, as the saying goes, "their only job."
I read a blog post once by a former IRS employee who claimed to have been forced to run major sql commands against a live db in his boss's office with a bunch of other senior execs looking on.
This was supposed to have happened in a regional office and the db was not of primary importance but not insignificant either.
Wish I could remember where I read that ...
Edit: Found it. Not exactly as I remember, but close enough: http://thedailywtf.com/Comments/Hastening-an-Inevitable.aspx...
So Yes, Health Care is a mess and we need to fix it. I feel we need some drastic changes; We need tort reform for Doctors. We need to build more medical schools, and offer a free education to the best applicants. Many drugs should be OTC.(If people abuse the system--they would lose the privilege). Use of fingerprints could weed out the Narco pill poppers? Patients on long term, daily medication should be able to refill their prescriptions--up to a year.(This would include long term pain management drugs). I could go on and on, but we need to drastically change the system, or at least do pilot trials?
I don't have all the answers; I'm just tired of doctors dragging me into office visits for no real reason--other than to take my money, or charge the Insurance companies. The next time your refills run out and you have to schedule an office visit you will know my frustration.
I'm a Nobody, and basically just venting. Sorry about the lenght of this post.
That would not have happened anyway. If you can't pay a medical bill then don't. Just ignore it. Absolutely nothing will happen.
They might send you letters or call, but why subject yourself to that? Don't open the mail and don't answer the phone (they are required to use caller ID).
People are worried about credit rating but medical bills are excluded from that.
This is dangerously wrong misinformation:
http://www.bankrate.com/finance/credit/will-unpaid-medical-b...
It's also worth noting the major proposed legal reform for the medical debt / credit score issue, the Medical Debt Responsibility Act is primarily about removing paid medical debt from credit reports:
http://consumerist.com/2013/03/28/consumerist-readers-make-t...
AFAICT, it doesn't change anything with respect to unpaid medical debt.
Even if recorded on a credit report it does not adversely affect your credit score.
I have personal knowledge of a Children's Hospital taking the home of the parents of a 13 month old infant who received a liver transplant and had ran up at 3 million dollar bill in the hospital.
A little backstory -- I love to volunteer. Fire/EMS, STEM, Kids, you name it, if it's a cause that I support, I'll generally be there with a bell if I've got the free time. One of my non profits that I do a fair amount of technical and 'feel-good' work is a foundation that caters to small children who have terminal or other serious illnesses and helps their family out.
One night in 2013, a rather distraught woman came in saying that Children's had placed a lien on her home because of the unpaid medical bills; apparently, they had moved, civil service sucks in Ohio, and had a default judgement against them. New collections company comes in, finds this family, and then places a lien on her homes, car, and gets a court order to garnish their bank account.
Ultimately, it took a pro-bono attorney about 80 hours to get the entire mess cleaned up. Today, the little guy is almost 4 and the family has a clean title on their home and car, and as long as she keeps less than $2K in her checking account at all times and only has the one home and one car, Children's will never come after her for the money that is owed, and in 3 years, they'll wipe away the debt.
http://www.cnbc.com/id/101693679
http://www.nytimes.com/2009/11/25/health/policy/25bankruptcy...
The principle job was to build a fraud investigation system by integrating a COTS analysis tool into the IRS systems to automatically generate cases for fraud investigation officers to review. One hitch, as I found out after getting through the gauntlet of interviews, the COTS product that they wanted to use wasn't built to support this kind of integration and the vendor wasn't interested in forking off a special build just for the IRS.
So I asked them a simple question "knowing what I know about this product, and the fact that it can't be integrated as desired, it seems that this is an impossible task, as the senior architect, I'd want to be clear that I have powers to restart the selection process of the tools and systems so I can build a solution that would actually perform as required, would I have this authority?"
At this point, the senior manager from the prime and the pm from the government side got very agitated. You see, there was only 2 months to get a basic system functional and as a result the selection and purchase process had already been completed.
"Without anybody leading the process?"
This was apparently the wrong question, as I had hit some sort of embarrassing point I shouldn't have dug into. They pretty much just wanted somebody in the role to rubber stamp the crap decisions they had already made. They became very defensive, there was some raised voices. I told them I wasn't interested in that kind of position and walked out.
2 years later I found out that they had scrapped the program completely after spending goodness knows how much money and were restarting the entire thing from scratch.
My gut feeling is that this new program too will fail since any working system would likely detect the fraud in their IT acquisition and management.
The correct way to go about it is to solicit for proposals, and any interested applicants will create a proposal. The submitted proposals will be reviewed by an applications board consisting of contracts officers, COTRs (Contract Officer Technical Rep, IIRC) and maybe a couple of architects, and judged against the criteria established in the solicitation, which may state that the technical superiority is more important than price, or what have you.
Presumably, either the sub or the prime contractor you were interviewing with had already submitted such a proposal, and was obligated to do the work as advertised in their proposal.
If they believed that it couldn't be done, the prime and/or sub-contractor would likely have been fired on inability to deliver, and the government would have had to re-solicit for the project altogether.
I havent worked at that job since 2007. I find it unbelievable that any major government organization such as the IRS does not make sure ALL emails are never lost.
edit: the fact that they lost emails is a huge scandal in its own right IMO
I would be interested to find out what the email lossage rate is for IRS staff. Not just the 6-8 individual members identified in relation to the Lerner issue, but across the entire organization (even more interesting would be a statistical analysis of the Lerner Group's lossage rate compared to the organization-wide rate).
The NSA has proven the Federal Government has the wherewithal to record everything. I'd like to see what the arguments are against Congress mandating that all forms of communication (snail mail, email, voice comms, telex, etc.) at all Federal agencies for all Federal employees are continuously e-vaulted.
After the South Carolina Tax Department was owned, lack of encryption was the main technical issue, so encrypting "all of the things" is probably their main focus.
As a government employee, records management is a shitshow. There's a 50 page schedule of documents with prescriptive retention periods -- but these are intended for the "record copy" only. An email itself isn't a document. Employees either squirrel away everything or toss everything... The higher up you go, the more you toss.
"The Treasury Department’s current email policy requires emails and attachments that meet the definition of a federal record be added to the organization’s files by printing them (including the essential transmission data) and filing them with related paper records."[0]
Are we talking P4 and XP here or something worse? Just interested (I teach and we have mostly Core Duos with 2G/4G and log into a roaming profile system based on Server 2008, all seems to work ok).
> A private company under investigation that responded to regulators, or a judge, with this sort of explanation rather than producing the requested documents would rightly expect to be handed an adverse judgment or a whopping fine.
Why? Since when is the onus to disprove on the defense and the onus to prove not on the plaintiff? If you suspect a conspiracy to cover up one's tracks, you can go after the defendant additionally for that. But you still have to prove it. I'm not a lawyer but if there is any truth to this statement it is a tarnish on our judicial system. A legal system that convicts based on the possibility of IT problems is hardly reliant on surpassing "reasonable doubt."
If you have a regular expiration cycle for data, that's not a problem, unless you're informed you're being sued or otherwise investigated, at which point it's incumbent for you to turn off that process, and do whatever's necessary to continue to preserve the data.
There are other reasonable things that can trigger the requirement to not destroy data.
The only thing you would be required to prove, if you do lose such data, is that it was entirely accidental, and you didn't have any culpability. Say a tornado destroyed the office with the only set of paper copies, and it was reasonable for you to only have that one set.
I think AND is more appropriate than OR here.
What about the other missing emails? Did six other hard drives also crash?
The House Ways and Means Committee says that this past Monday, the IRS told them that the agency also lost emails belonging to six other IRS employees whose hard drives had also crashed.
One of those six employees was particularly important: Nikole Flax, who had worked as chief of staff to the former head of the IRS. Flax was known to be involved in discussions about the tea party targeting.
What? I'm almost certain the hard drive I had in 2000 was less than 10GB. At 500MB per email user, that's 20 users per entire disk...
I'm not trying to be that guy, just letting you know. If you have time, check out some of her other articles. She's a pretty balanced commentator.
Why archive at all? My guess is that their exchange server has some absurd quote that requires you to purge after you hit 50MB of mail or something. Nobody wants to delete things, so users generally just move old mail into PST files.
See https://news.ycombinator.com/item?id=7926642 about what banks do per SarBox requirements to do that.
The IRS cannot spend money on things it's not budgeted for. Did you know the IRS returns $7 in additional taxes for every $1 in fraud prevention funding it gets at the moment?
Literally, a 700% return on investment, yet when was the last time any budget passed by congress raised funding the IRS to hire more auditors?
EDIT: Or let's take the articles conclusion: yes, obviously the government agencies should do better. So naturally we can conclude that the Republicans championing this investigation will be pushing through legislation mandating and funding appropriate upgrades - after all it seems like the inquiry has revealed serious issues which require some dedicated staffing and finance to sort out for a very important agency of the government.
Of course obviously that actually means this will never happen.
"Sec. 554. None of the funds made available in this Act may be used to carry out Operation Choke Point."[0]
My point is that managers and execs have a lot of wiggle room and the ability to make a number of funding transfers and decisions. They could clearly use budgeted funds or make a request for funding to accomplish actual data retention if they wanted to.
What makes you think that the Republicans involvement will make sure that "this will never happen". It doesn't matter what the Republicans do when the Democrat administration under President Obama just ignores them and the law.
[0] http://www.gpo.gov/fdsys/pkg/BILLS-113hr4660pcs/html/BILLS-1...
Edited to change the source material because some people could not handle the link originally used and to add the second sentence in the 3rd paragraph.
The relevant bill hasn't, and I will my hat if it ever comes into existence and reaches the floor.
Same thing in the private sector. Nobody outside of regulated industries like pharma archived email, ever until Enron. Everyone didn't start doing it until the Federal courts changed the rules of civil procedure several years ago.
Again: my exact point was that the last thing anyone involved in this inquiry is going to do is actually pass specific legislation to address the actual problem, and mandate/authorize spending to do so. Instead we'll get calls for political bloodletting, for all the effectiveness of its name.
In reality, they will pass legislation, that will probably go way overboard and will budget 100 times more than is necessary in order to payoff some friend or group of friends (business as usual for Establishment Ds and Rs). Now mind you that the house will do this and because of the politics the Senate, led by the Majority Democrats, will promptly ignore it. Or they will pass it because it will benefit some friend of theirs and the President will sign it but decide to include a signing statement saying that they don't agree with any of it and that they will not implement it. Oh and they will put it as part of a large non-related omnibus package with a title talking about helping Homeowners Purchase Crop Dusters.
Targeting organizations based on political affiliation is even worse than general incompetence.