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IRS Whistleblower Program

Fiscal Year 2017

Annual Report to the Congress

Publication 5241 (Rev. 1-2018) Catalog Number 68435Z Department of the Treasury Internal Revenue Service www.irs.gov

Table of Contents

Message from the Director ..................................................................................................... 3

Background and Program Evolution ..................................................................................... 4

Program Developments .......................................................................................................... 5

Guidance and Operations .................................................................................................................................5

Staffing ................................................................................................................................................................6

Figure 1: Whistleblower Office Staffing, Fiscal Years 2015 to 2017 .............................................................6

Outreach and Communications........................................................................................................................7

Administrative Priorities and Issues...................................................................................... 7

Administrative Guidance...................................................................................................................................7

Issues of Interest................................................................................................................................................7

Fiscal Year 2017 Whistleblower Program Results ................................................................ 9

Awards Paid, Fiscal Years 2015 to 2017 ..........................................................................................................9

Total Claims Related to Awards and Average Days to Process Awards, Fiscal Years 2015 to 2017 .... 10

Total Stand-Alone, Master, and Related Claim Numbers by Month in Fiscal Year 2017 ......................... 11

Fiscal Year 2017 Receipts, by Operating Division....................................................................................... 12

Claims Received, Open, and Closed, Fiscal Years 2015 to 2017 ............................................................... 13

Open IRC § 7623(b) Claims as of Fiscal Year 2017...................................................................................... 14

Processes for Open IRC § 7623(a) and § 7623(b) Claims ........................................................................... 15

Closure Reasons for Fiscal Year 2017.......................................................................................................... 16

Glossary of Terms ................................................................................................................. 18

Message from the Director

In Fiscal Year (FY) 2017, we continued our ambitious efforts to

implement improvements and enhancements to the Whistleblower

Office and the Whistleblower Program in response to

recommendations from the Government Accountability Office (GAO),

Treasury Inspector General for Tax Administration (TIGTA), and our

internal Lean Six Sigma (LSS) organizational review.

Looking back at our achievements over the past two years, the

Internal Revenue Service (IRS) Whistleblower Office has paid an

astounding 660 awards versus 655 awards paid over the prior sixyear period between FY 2010 and 2015. The Whistleblower Office

improved communications with stakeholders, for example, the

Whistleblower Office issued guidance explaining the Whistleblower

Claim Process and guidance to the Operating Divisions regarding

contracts with whistleblowers under Internal Revenue Code (IRC) §

6103(n). The Whistleblower Office also (i) significantly reduced

aged IRC § 7623(a) claims; (ii) stabilized the workforce; and (iii)

lowered the inventory of open claims by 21 percent to below the FY

2014 level. In an effort to provide information to whistleblowers

about their pending claim at the earliest possible date, when

possible, the Whistleblower Office issues Preliminary Award

Recommendation Letters (PARLs) months in advance of the Refund

Statute Expiration Date (RSED).

Since 2007, information submitted by whistleblowers has assisted the

IRS in collecting $3.6 billion in revenue, and, in turn, the IRS has

approved more than $499 million in monetary awards to whistleblowers.

In FY 2017, the Whistleblower Office made 242 awards to whistleblowers

totaling $33.9 million (before sequestration), which includes 27

awards under IRC § 7623(b). This represents a 50 percent increase

In FY 2017 the Whistleblower

in the number of IRC § 7623(b) awards as compared to 18 awards

paid in FY 2016. However, the total number of awards and the total

Office made 242 awards to

amounts collected were down by 42 percent and 48 percent,

respectively. Award dollars to whistleblowers as a percentage of

whistleblowers totaling $33.9

amounts collected increased to 17.8 percent from 16.6 percent.

million dollars and had a 50

Whistleblower claims assigned in FY 2017 were down 13 percent

from those submitted in FY 2016, and closures decreased by 31.6

percent increase in IRC

percent. The IRS rejected 33 percent fewer claims as compared to

FY 2016 from whistleblowers because the allegations were

§ 7623(b) awards paid.

considered “Not Specific, Credible, or are Speculative in Nature”.

In closing, we encourage anyone with specific and credible

information about a tax noncompliance matter to provide this

information to the Government by filing a claim on Form 211,

Application for Award for Original Information, with the Whistleblower

Office.

Lee D. Martin

Director, Whistleblower Office

Background and Program Evolution

The Tax Relief and Health Care Act of 2006 (the Act) added Internal Revenue Code (IRC) § 7623(b), which

enacted significant changes in the IRS award program for whistleblowers. The Act set a new framework for the

consideration of whistleblower submissions and established the Whistleblower Office within the IRS to administer

that framework. The Act requires that the Secretary of the Treasury conduct an annual study and report to

Congress on the use of IRC § 7623. The results obtained include any legislative or administrative

recommendations for IRC § 7623 and its application. This report discusses the IRS Whistleblower Program

activities for FY 2017 in satisfaction of the reporting obligations under the Act.

Operating at the direction of the Commissioner of the IRS, the Whistleblower Office coordinates with other IRS

units, analyzes information submitted, and makes award determinations. If a submission does not meet the

criteria for IRC § 7623(b) consideration, the IRS may consider it for an award pursuant to its discretionary

authority under IRC § 7623(a). A whistleblower must meet several conditions to qualify for the IRC § 7623(b)

award program. The information must be:

•

Signed and submitted under penalties of perjury.

•

Related to an action in which the tax, penalties, interest, additions to tax, and additional amounts in

dispute exceed $2,000,000; and

•

Related to a taxpayer, and for individual taxpayers only, one whose gross income exceeds $200,000 for

at least one of the tax years in question.

If the information meets the above conditions and substantially contributes to an administrative or judicial action

that results in the collection of tax, penalties, interest, additions to tax, or additional amounts, the IRS will pay an

award of at least 15 percent, but not more than 30 percent of the collected proceeds resulting from the

administrative or judicial action (including related actions). The award percentage decreases for cases based

principally on information disclosed in certain public sources or when the whistleblower planned and initiated the

actions that led to the underpayment of tax. Whistleblowers may appeal the Whistleblower Office’s award

determinations under IRC § 7623(b) to the United States Tax Court (Tax Court).

The IRS pays awards from collected proceeds, and as such, payments cannot be made until the taxpayer has

exhausted all appeal rights and the taxpayer no longer can file a claim for refund. Therefore, typically the IRS

does not make award payments for several years after the whistleblower has filed a claim.

Program Developments

Guidance and Operations

On August 12, 2014, Treasury and the IRS published final regulations in the Federal Register. 1 The final

regulations added necessary clarification and provided additional guidance regarding whistleblower claims under

IRC § 7623. Specifically, the regulations provide guidance on submitting information regarding tax

underpayments or violations, filing claims for award, and the whistleblower administrative proceedings applicable

to claims for award under IRC § 7623. The regulations also provide guidance on the determination and payment

of awards, and provide definitions of key terms used in IRC § 7623. Finally, the regulations confirm that the

director, officers, and employees of the Whistleblower Office are authorized to disclose return information to the

extent necessary to conduct whistleblower administrative proceedings. Further, the Deputy Commissioner for

Services and Enforcement issued a memorandum, on August 4, 2017, highlighting the value of whistleblower

information and emphasizing consideration of debriefing the whistleblower to gain a better understanding of

issues. 2

TIGTA completed an audit of the Whistleblower Office in FY 2016 that resulted in ten recommendations. The

Whistleblower Office implemented nine of the ten recommendations during FY 2017. Based on the

recommendations, the Whistleblower Office developed key performance and organizational metrics as well as an

internal customer satisfaction survey to complete a Balanced Measures System. The Whistleblower Office also

developed and implemented a quality review process to capture systemic and process deficiencies. The

Whistleblower Office initiated updates to various correspondence, policies, procedures, and the Internal Revenue

Manual (IRM) to improve program administration.

Completing the final recommendation from GAO, the Whistleblower Office issued guidance with respect to

communications with whistleblowers under IRC § 6103(n) contracts. While frequently it is in the best interest of

tax administration to obtain all information from a whistleblower as part of the Form 211 and the initial debriefing,

there may be instances when ongoing interaction with a whistleblower during an examination can assist in a

timely and complete understanding of issues. The legislative history accompanying the expansion of IRC

§ 7623 indicates that, to the extent disclosure of return information is required for purposes of such assistance,

the disclosure should be pursuant to a contract for tax administration under IRC § 6103(n).

During FY 2018, the Whistleblower Office will continue to focus on IRC § 7623(b) claims while emphasizing

timely interactions with stakeholders.

1 https://www.federalregister.gov/articles/2014/08/12/2014-18858/awards-for-information-relating-to-detecting

underpayments-of-tax-or-violations-of-the-internal

2https://www.irs.gov/pub/whistleblower/2017_wo_dcse_memo_%20debriefing.pdf

Staffing

In FY 2017, the Whistleblower Office staff was comprised of 38 full time employees with decades of experience

in a broad array of IRS compliance programs.

Figure 1: Whistleblower Office Staffing 3, Fiscal Years 2015 to 2017

Number of Full-Time Equivalents

Director's Office

2015

Award Recommendation and

Coordination

Strategic Planning and

Program Administration

Case Development and

Oversight

Initial Claim Evaluation Unit

2016

2017

Fiscal Year of Operations

3 The Initial Claim Evaluation (ICE) Unit in the Whistleblower Office was realigned to the Small Business and SelfEmployed (SB/SE) organization on July 10, 2016. Although these employees are not represented in the staffing

numbers for fiscal years 2016 and 2017, the Whistleblower Office still uses the ICE Unit employees who are

dedicated to intake and classification of the whistleblower claims; these employees, however, are now in the

SB/SE organization to allow for the immediate deployment of additional resources when there is an increase in

the volume of incoming claims.

Outreach and Communications

The Whistleblower Office maintains a page on the IRS Intranet for IRS personnel and provides articles for

internal newsletters and speakers for professional education events. There is also a dedicated page on the IRS

website, www.irs.gov, 4 which provides information for the public about the Whistleblower Program. The website

includes links to the final regulations, the Form 211, Application for Award for Original Information, and

Publication 5251, The Whistleblower Claim Process and Timeline, which provides information on filing a

whistleblower claim for award, the timeline for each step in the claim process, and common reasons for rejection

or denial of claims. Additionally, Acknowledgment Letters, letters sent by the Whistleblower Office to

whistleblowers to acknowledge receipt of a claim, were updated to indicate that address changes must be sent in

writing to the Whistleblower Office, and to reference Publication 5251.

The IRS implemented a Service-wide Knowledge Management (SKM) initiative in FY 2016 to address the loss of

expertise due to attrition. In response to this initiative, in FY 2017, the Whistleblower Office created a virtual

library containing guidance for employees working whistleblower cases.

The Whistleblower Office has continued its outreach efforts utilizing IRS social media accounts as well as

publicly subscribed newsletters. The Whistleblower Office utilized Twitter to announce the publication of the FY

2016 Annual Report to Congress. @IRSNews, @IRStaxpros, and the E-Tax Professionals Newsletter have

continued to garner many views. The Whistleblower Office also shares relevant information regularly with

stakeholders through its listserv.

Whistleblower Office representatives continue to make presentations to share program developments with

professional groups representing taxpayers and whistleblowers, including the Taxpayers Against Fraud Education

Fund, the National Whistleblower Day Celebration, the New York University 9th Annual Tax Controversy Forum

and various foreign government tax agencies. By participating in these functions, the Whistleblower Office

obtains an outside perspective on the Program. The Whistleblower Office also provided consultation to other

federal agencies and tax administration agencies from other nations, as they evaluated options for establishing

their own whistleblower award programs.

Administrative Priorities and Issues

Administrative Guidance

The Whistleblower Office is collaborating with the Office of Chief Counsel and Treasury to consider amending

the final regulations under IRC § 7623 to improve the administration of the Whistleblower Program.

Administrative guidance may be considered in FY 2018 and, if so, the IRS will provide notice and request public

comment on any proposed regulations.

Issues of Interest

4 http://www.irs.gov/uac/Whistleblower-Informant-Award

1. Rules on access to and disclosure of taxpayer information could provide stronger

protection for taxpayers.

Since FY 2010, the Whistleblower Office’s Annual Reports have noted concerns regarding the disclosure

of taxpayer information to whistleblowers. IRC § 6103 provides authority for the IRS to disclose taxpayer

information to whistleblowers in certain, limited instances. Currently, the IRS uses the authority of IRC

§ 6103(k)(6), which provides that return information may be disclosed as part of an investigation to the

extent necessary in obtaining information, to communicate with whistleblowers where appropriate. The

IRS also continues to look for appropriate cases to enter agreements under IRC § 6103(n). Neither

authority, however, precisely addresses the circumstances in which most disclosures to whistleblowers

arise. Thus, the IRS continues to support amendments proposed in the Senate that would both

specifically authorize necessary investigative disclosures by the IRS to whistleblowers under IRC

§ 6103(k) and at the same time ensure protection of taxpayer’s return information by extending the

criminal penalties associated with any unauthorized re-disclosures by whistleblowers receiving such

information. See S. 762-115th Congress: IRS Whistleblower Improvements Act of 2017. 5

Additional taxpayer protections remain necessary with respect to disclosures made during the

administrative award determination process and resulting appeals to the Tax Court. The IRS makes

disclosures in the administrative proceeding and before the Tax Court, pursuant to the authority of IRC

§ 6103(h)(4). In conjunction with such disclosures, the IRS requires confidentiality agreements and the

Tax Court issues protective orders to limit the ability of whistleblowers to re-disclose a taxpayer’s return

information. The effectiveness of these tools is limited. There is no restraint on whistleblowers redisclosing return information following the completion of the administrative and judicial processes.

The absence of such protections has become more relevant in the context of extensive Tax Court

discovery into taxpayer examination files. It is fundamentally unfair to the taxpayer (and potentially

damages our system of tax administration) to be subject to the public release of confidential return

information resulting from proceedings to which the taxpayer is not a party and otherwise has no interest.

2. The law does not provide for whistleblower protection.

IRC § 7623 continues to lack any statutory protections from retaliation for whistleblowers providing

information to the IRS. Providing whistleblowers with a zone of protection from economic or physical

harm is imperative to the success of any whistleblower program as Congress has recognized in other

whistleblower statutes. No individual should suffer any reprisals for providing truthful information to the

IRS. Accordingly, the IRS continues to support amendments proposed in the Senate that would provide

explicit anti-retaliation protections for individuals submitting information to the IRS. See S. 762 – 115th

Congress: IRS Whistleblower Improvements Act of 2017.

The need for greater protection of whistleblowers is amplified as sophisticated taxpayers are increasingly

attempting to learn the existence or identity of a whistleblower. The IRS remains committed to protecting

the identity and even the existence of whistleblowers. Nonetheless, the defenses available to the IRS to

maintain the confidentiality of whistleblowers are limited at best and additional statutory protections are

necessary.

5 https://www.congress.gov/bill/115th-congress/senate-bill/762/text

Fiscal Year 2017 Whistleblower Program

Results

Under IRC § 6103, returns and return information are confidential, unless an exception applies. There is no

exception in IRC § 6103 that permits the publication of data on identifiable, individual whistleblowers. The IRS

may, however, disclose information in aggregate form when the data cannot be associated with, or otherwise

identify a taxpayer (or whistleblower). In compliance with these disclosure rules, summary data on awards paid,

receipts, closures, and claim status appear in this report.

Awards Paid, Fiscal Years 2015 to 2017

Table 1 provides current and historical information on awards paid and collections attributable to whistleblower

information, prior to the sequestration reduction described below. The number and amounts of awards paid

each year can vary significantly, especially when a small number of high-dollar claims are resolved in a single

year. The year in which an award is paid is generally not the year in which collections occurred because the IRS

must wait until there is a final determination of tax, which means that the taxpayer has exhausted all appeal

rights and no longer has an ability to claim a refund.

In March 2013, the Office of Management and Budget issued a notice regarding the impact of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended. This law required reductions in expenditures,

also known as sequestration, starting March 1, 2013. The applicable sequester reduction may change from year

to-year. As applied to payments under IRC § 7623, the required reductions in FY 2017 were 6.9 percent of the

amount that would otherwise have been payable. Sequestration reductions totaling $2,344,511 were applied to

awards paid during FY 2017.

Since 2007, the Whistleblower Office made awards in the amount of $499,174,673 based on the collection of

$3,609,932,724. In FY 2017, the IRS made 242 awards, totaling $33,979,873 prior to the sequestration

reduction; the total award amount represents 17.8% of total amounts collected. In FY 2017, 27 of the award

payments made involved IRC § 7623(b) claims.

Table 1: Amounts Collected and Awards under IRC § 7623, Fiscal Years

2015 to 2017

FY 2015

FY 2016

FY 2017

Total Claims Related to Awards

204

761

367

Total Number of Awards

418

242

Total IRC § 7623(b) Awards

Collections over $2,000,000

Total Amounts of Awards 6

$103,486,236

$61,390,910

$33,979,873

Amounts Collected

$501,317,481

$368,907,298

$190,583,750

20.6%

16.6%

17.8%

Awards as a Percentage of Amounts

Collected.

NOTE: Data reported as of September 30, 2017

6 “Total Amount of Awards” is prior to the sequestration reduction.

Total Claims Related to Awards and Average Days to Process

Awards, Fiscal Years 2015 to 2017

Figure 2 provides the average processing days for award claims paid under IRC § 7623(a) and 7623(b).

Typically, the IRS does not determine awards for at least seven years after the whistleblower has filed a claim

because a payment cannot be made until there is a final determination of tax. This is consistent with information

provided to whistleblowers that awards may not be paid until several years after receipt of the claim.

Figure 2: Total Claims Related to Awards 7 and Average Days to Process

Awards by Claim Type, Fiscal Years 2015 to 2017

Total Claims Related to Paid Awards

2,672

2017

7623(b) Claims

Average Days to Process Awards

(7.32 Years)

332

7623(a) Claims

2,733

(7.49 Years)

159

2016

7623(b) Claims

2,693

(7.38 Years)

602

7623(a) Claims

2015

7623(b) Claims

7623(a) Claims

155

2,592

(7.10 Years)

2,196

(6.02 Years)

3,184

(8.72 Years)

7 Figure 2 only reflects claims paid in full as of September 30, 2017.

Total Stand-Alone, Master, and Related Claim Numbers by Month

in Fiscal Year 2017

Figure 3 identifies trends and fluctuations as they pertain to Form 211, Application for Award for Original

Information, submissions to the Whistleblower Office and claim numbers issued each month in FY 2017. Figure

3 identifies the submissions as stand-alone, master, and related claim numbers. Stand-alone claim numbers are

defined as submissions identifying one taxpayer. Generally, multiple claim numbers are assigned when the

claim submission identifies multiple taxpayers. When multiple taxpayers are identified, the claim is then

subsequently identified by a master claim number, with related claim numbers. For each master claim number

identified below, there are at least two related claim numbers.

Figure 3: Total Claim Numbers Issued by Month in Fiscal Year 2017

Stand Alone

Master

1400

Total Claim Numbers Issued

1200

1000

553

800

554

600

265

400

104

553

747

499

110

144

344

358

365

319

167

713

696

159

202

307

259

Jul

Aug

194

134

160

200

567

487

177

133

488

448

230

304

387

372

204

173

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Sep

Month of Receipts Totals (11,946)

Fiscal Year 2017 Receipts, by Operating Division

Table 2 below provides additional information on submissions received in FY 2017. This table identifies the IRS

operating divisions to which claim numbers are assigned for review and action. Matters involving taxpayers with

assets of more than $10 million are under the jurisdiction of the Large Business and International Division (LB&I),

while matters involving businesses and individuals that do not meet that threshold are generally assigned to

SB/SE. These two operating divisions receive most of the whistleblower claims. While the jurisdiction of the Tax

Exempt and Government Entities Division (TE/GE) encompasses a wide range of taxpayers and tax issues, that

division receives relatively few whistleblower claims. A claim initially assigned to LB&I, SB/SE or TE/GE may be

referred to Criminal Investigation if development of the case by the civil operating division reveals a potential

criminal violation. The Whistleblower Office also makes a limited number of direct referrals to Criminal

Investigation, such as cases where the allegations relate to illegal source income or other matters where

development by a civil operating division would be unnecessary or inappropriate.

The table also identifies the claim types. Claims listed as IRC § 7623(b) include any claim that appears to have

the potential to exceed the $2 million threshold under IRC § 7623(b)(5)(B), with all others classified as IRC

§ 7623(a) claims.

Table 2: Fiscal Year 2017 Receipts, by Operating Division

Claim Type 8

Operating

Division

7623(a)

7623(b)

Total

Submissions

Claim Numbers

136

189

Submissions

223

270

Claim Numbers

991

135

1,126

Submissions

3,785

158

3,943

Claim Numbers

9,817

569

10,386

TEGE

Submissions

119

159

Claim Numbers

153

242

Not Specified 9

Submissions

Claim Numbers

Total Submissions

4,157

271

4,428

Total Claim Numbers

11,017

929

11,946

LB&I

SBSE

NOTE: Data reported as of September 30, 2017

8 The designation of a claim as a potential IRC § 7623(b) claim should not be treated as final and is contingent on the results

of IRS actions that will often not be known for years and ultimately, may or may not reach the $2 million threshold.

9 The operating division is not specified for some claims because there may be more than one operating division with

responsibility for the issues identified, or the claim may be incomplete.

Claims Numbers Issued, Open, and Closed, Fiscal Years 2015 to

2017

Figure 4 provides information on claims received, claims remaining open, and claims that were closed in each

fiscal year from 2015 to 2017.

Figure 4: Claims Numbers Issued, Open, and Closed 10

Claim Numbers Issued

Open Claims

Closed Claims

35,670

29,835

Total Claims

28,197

21,124

14,445

13,735

12,723

11,946

10,615

FY 2015

FY 2016

FY 2017

The data presented in this table may not align completely with prior year data reported. As the IRS continues

to work a claim and learns more about the characteristics of the claim, the case management information is

updated. The data presented in this table is captured as of a certain date and is a snap shot in time. The data

is dynamic and changes can occur after the date the data is presented. Closed claims volume in FY 2016 was

higher due to the elimination of back-logged inventories.

Open IRC § 7623(b) Claims as of Fiscal Year 2017

Figure 5 shows the number of IRC § 7623(b) claims remaining open as of September 30, 2017, by year received.

The Whistleblower Office uses information provided by the whistleblower to determine whether a claim has the

potential to result in an amount in dispute exceeding the $2,000,000 threshold for IRC § 7623(b). The designation

as a potential IRC § 7623(b) claim is not treated as final. Potential IRC § 7623(b) claims are identified during

initial review of the whistleblower’s Form 211 submission by the ICE Unit, and then forwarded to subject matter

experts (SMEs) in the IRS operating divisions. The SME then determines whether the whistleblower’s information

will be provided to field offices for further investigation, taking into consideration the quality of the information

provided, IRS enforcement priorities and, in some cases, legal limitations on the use of the information submitted.

Figure 5: Open IRC § 7623(b) Claims since Enactment

6000

4,917

Open Claims

5000

4000

3000

2,563

2000

1000

1,531

531

563

1,279

1,260

509

540

331

417

FY 2017 FY 2016FY 2015 FY 2014 FY 2013 FY 2012 FY 2011 FY 2010 FY 2009 FY 2008 FY 2007

Fiscal Year of Receipt

Processes for Open IRC § 7623(a) and § 7623(b) Claims

Table 3 reflects a summary of statuses for open IRC § 7623(a) and § 7623(b) claims. For FY 2017, the statuses

were organized into processing phases that provide an overview of where each claim is situated in the claim’s

lifecycle as of September 30, 2017.

Table 3: Status of Open IRC § 7623(a) & § 7623(b) Claims

Processes 11

Claim Numbers

Intake/Classification 7623(a)

1,672

7623(b)

OD Field/Investigation 7623(a)

2,622

7623(b)

3,887

OD Field/Suspense 7623(a)

5,141

7623(b)

8,881

Appeals 7623(a)

280

7623(b)

239

Preliminary Award Evaluation 7623(a)

182

7623(b)

198

Interim Award Assessment 7623(a)

429

7623(b)

111

Collection/Suspense 7623(a)

3,003

7623(b)

723

Award/Suspense 7623(a)

342

7623(b)

258

Final Review 7623(a)

7623(b)

Litigation 7623(a)

7623(b)

Total

28,197

NOTE: Data reported as of September 30, 2017

11 Please refer to the “Glossary of Terms” for a complete description of the processing phases outlined under the

“Processes” listed in Table 3.

12 There are an additional 302 claims that are currently in litigation. Table 3, however, identifies only open claims,

and the 302 claims closed prior to litigation.

Closure Reasons for Fiscal Year 2017

In FY 2017, the Whistleblower Office closed 14,445 claims, a 31.6 percent decrease from FY 2016 closures.

The four most common factors for closures were:

•

Rejected claims with either a non-specific, non-credible, or speculative allegation.

•

The issues were below the threshold for IRS action.

•

The information was already known to the IRS, lack of resources to pursue a claim, or due to a survey

(no tax effects).

•

Claims denied due to insufficient time remaining on the statute of limitations or the statute expired

before the Form 211 was submitted.

Additional items of interest regarding the various reasons for closure are listed below.

•

There may be multiple closure reasons associated with a claim.

•

When a submission identifies multiple taxpayers, different closure reasons could apply to different

taxpayers, based on the results of IRS actions regarding each taxpayer. For example, there may be an

award paid with respect to one taxpayer and a denial due to a “no change” result with respect to another

taxpayer.

•

The closure reasons distinguish between examinations that find no additional taxpayer liability and those

in which a liability was found on issues other than those identified by the whistleblower. Awards are paid

only when the IRS proceeds based on the information provided by the whistleblower. When the

information provided by the whistleblower has no relevance to the assessments, the claim is denied and

the closure reason applied is “Claim Denied - Whistleblower Issues Was ‘No Change’.”

Table 4 provides a summary of the closure reasons for closures that occurred during FY 2017. The data was

grouped into similar categories and is displayed as a percentage of the total closures.

Table 4: FY 2017 Closure Reasons, All Closures from Any Year of Receipt

Closure Reasons

Total

Closures

Percent of

Total

Closures

Average

Number of

Days from

Receipt to

Closure

Claim Rejected - Allegations are not Specific, Credible, or

are Speculative in Nature

8,259

57%

337

Claim Denied - Issues Below Threshold for IRS Action

1,572

11%

574

1,376

10%

1,378

894

770

845

1,563

Closed – Unable to Contact/Undeliverable Whistleblower

375

2,844

Claims Paid in Full in 2017

367

2,880

Claim Rejected - Failure to File Form 211, or Sign Form 211

Under Penalties of Perjury, or Incomplete Form 211

331

447

Anonymous Referred to 3949-A Program

131

Less than 1%

190

Closed - Deceased Whistleblower Claims

104

Less than 1%

2,917

Claim Denied – No Collected Proceeds (Uncollectible)

Less than 1%

2,875

Administrative Error – (Duplicate Records Created in Error)

Less than 1%

611

Closed – Other (Used as a General Closure That Does Not

Fall Within One of The Specific Closure Reasons)

Less than 1%

1,478

Closed – Non-Compliant Whistleblower

Less than 1%

4,881

Claim Rejected - Ineligible Whistleblower

Less than 1%

1,965

14,445

100%

Claim Denied - Information Already Known, or Lack of

Resources, or Survey Other

Claim Denied - Insufficient Time Remaining on Statute of

Limitations or Statute Expired Before Form 211 Submission

Claim Denied - Examination Result Was “No Change” or

Whistleblower Issues Was "No Change," or no Title 26

Collected Proceeds

Total Closures

NOTE: Data reported as of September 30, 2017

Glossary of Terms

Appeals

This process involves the status on claims in which the taxpayer has sought

review by the IRS appeals function or the courts.

Award/Suspense

This process includes cases which have been suspended, and cases in which

the payment has been received but is awaiting the expiration of the statute of

limitations on the taxpayer’s claim for refund.

Collection/Suspense

The Collection/Suspense process involves the monitoring of tax accounts

associated with claims for payment of the deficiencies.

Final Review

The Final Evaluation process includes Award Recommendation Memos and

letters for rejections and denials, which have been approved, or are awaiting

approval from management.

Intake/Classification

The Intake/Classification process includes claims submitted to the Initial Claim

Evaluation (ICE) Unit for review and analysis. The ICE Unit builds the claims,

and the claims are then sent to the operating divisions’ classification function for

further review. The primary function of this process is to determine which claims

require additional review from the Whistleblower Office or the Operating Division

(OD). This process includes claims which have no current status, claims which

require additional information, incomplete claims, new claims, and claims

awaiting classification.

Interim Award Assessment

The Award process includes the review of all claims which have been returned

from the ODs that require additional review. The current statuses in this

process include approvals for award percentages, award evaluations, final

award approval, final award processing, Form 11369 award recommendation

and coordination review, reviewing the results of the OD’s to determine whether

sufficient information exists to make an award decision, managerial Preliminary

Award Recommendation Letter (PARL) approval, and the review of pending

rejection and denial letters.

Litigation

The Litigation process includes the status for claims in which the whistleblower

has sought litigation regarding an award determination made on the

whistleblower’s claim.

OD Field/Investigation

The OD Field/Investigation process includes claims sent to the various ODs for

investigation after classification’s review. The current statuses included in this

process are claims under OD Field Examination, claims being reviewed by the

OD’s Subject Matter Experts, and claims under initial review by the Criminal

Investigation Division prior to accepting the claim for investigation.

OD Field/Suspense

Claims submitted often include multiple taxpayers, potential related taxpayers,

and claims which might fall under the Tax Equity and Fiscal Responsibility Act

(TEFRA). The OD Field/Suspense process includes claims which are awaiting

the closure of an associated claim, to allow all claims to be closed out

simultaneously. This process includes the status for claims in which the case is

suspended because the OD is evaluating a bulk claim involving a large number

of taxpayers, or the claim still has related claims in process, or the claims are

awaiting the resolution of a TEFRA key case.

Preliminary Award Evaluation The Preliminary Award Evaluation process involves claims with current statuses

including administrative proceedings for either rejections or denials, or for

PARLs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.