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TIGTA: IRS lacks plan for legacy systems retirement and replacement

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The Treasury Inspector General for Tax Administration, in a recent report, criticized the IRS for what it said was a lack of specific plans to replace and decommission legacy systems. 

The Inflation Reduction Act of 2022 gave the IRS additional funding to make improvements to its information technology infrastructure. Part of this was to retire old legacy systems and introduce newer, more modern replacements. To do so, the IRS said it would implement some of the recommendations TIGTA made on this very subject in a 2020 report

While two of the recommendations — to implement a policy requiring system owners to provide and update system information in the as-built-architecture, and to ensure that all systems are included in the ABA with complete and accurate information — were successful, TIGTA was more critical overall. 

For instance, while the IRS had recently identified 107 legacy systems as candidates for retirement, this was out of 334 overall; furthermore, of those 107 systems, only two have specific decommission plans. There are no plans for the remaining 105 systems. While the IRS had established the Technology Retirement Office within the Enterprise Services function in August 2021 to support these efforts, the office was shut down in January 2023 when its mission shifted from tracking the progress of system retirements to the strategic planning support of system decommissioning, such as providing architectural support services. 

“Without an enterprise-wide program, there is risk of an increasing use of resources to operate and maintain aged systems,” said TIGTA. “The IRS’s spending on operations and maintenance for its information technology infrastructure increased 35 percent from $2 billion in Fiscal Year 2019 to $2.7 billion in Fiscal Year 2023 and will likely continue to increase until a majority of legacy systems are decommissioned.”

Further, TIGTA had stated that the IRS was not uniformly applying its enterprise-wide definition to identify its inventory of legacy systems and therefore, said TIGTA, the IRS does not have a complete and accurate inventory of legacy systems. Using the IRS’s own definition of a legacy system (namely, an application age of 25 years or older or written in an obsolete programming language), TIGTA identified 344 systems as legacy. However, a review of a March 2024 report determined that the IRS incorrectly identified five additional systems as legacy. 

Staff said this happened because while the query searched for the application age and programming language fields, it also searched the system name field for the obsolete programming language. As a result, the query incorrectly identified a system as legacy for systems whose name included an obsolete programming language. 

“Without an accurate and a complete inventory, the IRS will be unable to effectively manage its legacy systems,” said TIGTA. 

In response to this finding, IRS Enterprise Architecture Office personnel stated that they updated the query to correctly identify all legacy systems. A second TIGTA review, though, found two additional systems that had not been identified as legacy but should have been, bringing the total number of legacy systems to 346. The IRS updated the system again as a result of the inspectors’ findings and, as of May 2024, TIGTA’s review of the report determined that all 346 legacy systems operating in the production environment have been identified correctly. 

TIGTA recommended that the Chief Information Officer should: 1) re-establish the Technology Retirement Office or implement a similar enterprise-wide program to identify, prioritize, and decommission legacy systems, and 2) ensure that the definition of a legacy system is properly applied and programmed in the query to correctly identify all legacy systems.

The IRS partially agreed with the first recommendation and plans to deliver a roadmap, which will reflect milestones toward delivering new capabilities, and work to decommission legacy systems as new capabilities become available. The IRS agreed with the second recommendation and plans to update the programmed query definition.

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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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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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