A few years ago,
the Internal Revenue Service challenged the tax deductions a college professor
took for losses he reported in his business as a book author.
"They came in and
said, 'OK, prove to us it's a business,'" recalled Joseph Newpol, a certified
public accountant and tax attorney who advised the professor on how to deal
with the IRS's scrutiny.
"We showed them
the history of his book writing activity and demonstrated that he didn't have
income for several years," recalled Newpol, who is also a professor in the tax
and personal financial planning department at Bentley College in Waltham, Mass.
But the IRS kept
challenging the author's deductions, claiming his book-writing activities represented
a hobby, not a business. Each time he faced an audit, Newpol pulled out the
professor's receipts, logbooks and other evidence to prove the writing was a
legitimate vocation.
"We won three years
in a row," Newpol said proudly. "We haven't been audited since then."
But the experience
took its toll. In addition to the aggravation and stress, each audit cost the
author about $5,000 in Newpol's time and assistance.
"That's the painful
part of it. Whether you win or lose, it's always a painful situation to go through
an audit and it's always costly. So you want to avoid it," the accountant said.
Don't let it
happen to you
As this April's tax filing deadline approaches, the question is, How can you
avoid an IRS audit?
"The best advice
is stay honest and make sure you have documentation for all your deductions,"
Newpol said. "We had backup - contemporaneous documentation such as receipts
for meals, travel logs, the kind of things you can keep in a shoe box."
Experts generally
agree there are a number of ways to trigger an IRS audit:
- Mathematical
or factual mistakes in your tax return.
- Failure to
declare self-employment income for which you received a 1099.
- Passing off
a hobby as a losing business.
- Reporting a
high amount of charitable contributions without supporting documentation.
- Claiming your
home as a business expense.
Sticking to the
truth is the bottom line. In fact, a study done in 1994 by the University of
Missouri found that Americans who played fast-and-loose with their returns were
five times more likely to get called in for long, embarrassing audits than taxpayers
who were straight with their filings.
To avoid an audit,
or get through one relatively unscathed, experts suggest you:
- Make sure your
computations are correct.
- Keep receipts
and get appraisals for any charitable contribution of $250 or more.
- Keep records
of work-related entertainment and travel expenses.
- Follow the directions
on your tax return forms carefully.
- Keep copies
of all your returns for several years.
A gentler IRS
does more computer cross-checking
"The IRS is a lot friendlier than it used to be," said Steven Elliott, an accountant
with Ernst & Young in Boston. "They've received a lot of negative press and
publicity. They've worked hard to shake the image. They're really trying to
extend their hand."
However, as Rick
Eckstein, a CPA with Walter & Shuffain in Norwood, Mass., pointed out, "The
IRS is a business. Their job is to raise money."
And today, the
Internal Revenue Service is doing that job with the assistance of sophisticated
computers that automatically cross-check items on your tax return with all of
the information they get from employers and other sources.
That gives the
average person a one-in-200 chance of an audit, which is down from one-in-112
in 1999, and one-in-60 in 1996, according to new data from the IRS.
For taxpayers who
make more than $100,000, slightly fewer than one in 100 were audited last year,
down from one in 50 in 1998 and one in 9 in 1988.
Last year, the
poor were more likely than the rich to have their tax returns audited, as the
IRS followed orders from Congress to closely examine the working poor who apply
for a special credit, known as the Earned Income Tax Credit.
In total, the IRS
audited 617,765 tax returns last year, down a whopping two-thirds from the 1.94
million returns audited in 1996.
A shrinking
IRS staff audits less often
IRS Commissioner Charles O. Rossotti has attributed the decline in audit rates
to the downsizing of the agency's auditing staff to 12,550 last year from 13,061
in 1999 and nearly 16,000 in 1996.
But Rossotti has
warned taxpayers against trying to take advantage of the decline in audits by
cheating on their tax returns.
"If gambling is
what you have a passion for," he said, "I would say you have better odds going
to Las Vegas. Yes, these audit rates are down, but audits are not the only way
we identify taxpayers.
"We get more than
a billion pieces of information that come in from third parties and even though
we are slow, our computers eventually do their job," he added.
While certain things
might trigger an audit, the chances of being scrutinized remain extremely slim
thanks, in part, to Congress.
It has slashed
the revenue service's budget by about 30 percent since the 1980s. The result
is that overall IRS employment has dropped from 116,000 nearly a decade ago
to about 86,000 today.
But Congress is
trying to reverse the trend. It has authorized the IRS to hire 2,000 new workers
this year, and the agency is modernizing its tax processing system.
As a result, tax-law
specialists have said, an individual may be more likely to get audited, especially
if across-the-board tax cuts proposed by the Bush Administration force the IRS
to scour ever more deeply for funds the government might be owed.
Don't panic
if you're being audited
If you do get a letter from the IRS after filing your tax return, it's most
likely because you forgot to sign it or include a specific form. So, it's probably
nothing very serious.
But if you get
word you're being audited, this is more serious, but usually not reason to flee
the country. The IRS is unlikely to be auditing your latest returns. The statute
of limitations for an audit of a particular year's tax return is three years.
(If you fail
to report 25 percent of your income on a return, the IRS has six years to go
after you. For the most serious cases of fraud or failure to file there's no
time limit.)
In any case, most
of the IRS's audit requests can be handled easily by providing it with the needed
documents or forms. This doesn't usually require professional help.
But if there's
a serious problem, such as indications of negligence, failure to pay, or fraud,
experts suggest that you get a tax lawyer and an accountant to respond to IRS
inquiries.
If the audit uncovers
serious problems, most punishments involve monetary penalties, except for the
most extreme cases, in which tax cheats are sent to jail. (Unless, of course,
you're well enough connected to receive a presidential pardon, like Marc Rich,
the fugitive financier.)
Even if you get
audited, chances are you might prevail against the IRS.
In his 20 years
of work as a certified public accountant and a tax lawyer, Newpol said his clients
have made only minor adjustments to their tax returns.
"I haven't lost
a cent," he said.