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Senators introduce bill to simplify IRS notices

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A pair of prominent lawmakers, Sen. Bill Cassidy, R-Louisiana, and Elizabeth Warren, D-Massachusetts, teamed up to introduce legislation aimed at making math error notices from the Internal Revenue Service easier to understand.

Every year, millions of individual taxpayers receive math error notices in the mail about how their tax refunds have been reduced, but they often find the notices vague and confusing because the documents don’t clearly explain which error the IRS has corrected or that taxpayers have only 60 days to challenge the IRS’s position. The goal of the legislation, dubbed the Internal Revenue Service Math and Taxpayer Health (IRS MATH) Act, is to help taxpayers, especially those who can’t afford lawyers or accountants, cope with the complex correspondence process. The lawmakers are urging the IRS to build on the improvements made this past tax season by fixing long-standing issues with math error notices.

“Filing your taxes can get confusing — and sometimes, mistakes happen,” Warren said in a statement Monday. “And when they do, taxpayers shouldn’t be forced to decipher confusing, intimidating, and financially impactful letters from the IRS. It’s time to improve procedures and notices that correct these errors so that hard-working Americans can get the money they’re entitled to and get back to their daily lives.” 

Senator Elizabeth Warren
Senator Elizabeth Warren, a Democrat from Massachusetts

Zach Gibson/Bloomberg

The Internal Revenue Code enables the IRS to make math error corrections on an expedited basis to tax returns with simple math or clerical errors. Unlike other adjustments made after a notice period that can be challenged in U.S. Tax Court, math and clerical adjustments are made automatically and require taxpayers to initiate responses to reverse them within 60 days. However, if taxpayers don’t contest the notice within the 60-day time period, they forfeit their right to challenge it, and the IRS can move forward with its normal collections process. The notices often list a number of potential errors that may have been made instead of specifying the exact issue, and they typically don’t notify taxpayers of how to contest the IRS adjustment. That can compound errors on future tax returns and present more risks to taxpayers. 

The IRS MATH Act addresses these problems for taxpayers by directing the IRS to improve notices of math or clerical errors, require notices to identify the line item the IRS is changing, explain the reason for the change, and clearly list the taxpayer’s required response date. The bill would also require the IRS to notify the taxpayer of abatement determinations, and require the Treasury to provide additional procedures for requesting an abatement of a math or clerical error adjustment, including by telephone or in person. In addition, the bill would create a pilot program coordinated by the IRS and the National Taxpayer Advocate to determine the benefit of sending math or clerical error notices by certified or registered mail.

“The IRS is confusing enough,” Cassidy said in a statement Monday. “If there’s a mistake on a tax return, the IRS needs to explain it in plain English and there must be clear lines of communication. Taxpayers should have every opportunity to keep their hard-earned income.”

A companion bill in the House has been introduced by another bipartisan pair of lawmakers: Rep. Brad Schneider, D-Illinois, and Randy Feenstra, R-Iowa.

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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