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Legislative Change Needed To Enable IRS To Assess Taxes Voluntarily Reported by Taxpayers in Bankruptcy

GGD-83-47 Published: Jun 20, 1983. Publicly Released: Jun 20, 1983.
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Highlights

Pursuant to a congressional request, GAO was asked to examine the effects of bankruptcy laws on tax administration. GAO reviewed the impact that the 1978 Bankruptcy Reform Act's restriction on tax assessments is having on the Internal Revenue Service (IRS) and bankrupt taxpayers.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should amend the Bankruptcy Code to allow IRS to assess the taxes reported by bankrupt taxpayers on their returns.
Closed – Not Implemented
Treasury's proposal was included in its fiscal year 1988 legislative package, which was submitted to the Office of Management and Budget in January 1987, but no further action was taken as of October 31, 1987.

Recommendations for Executive Action

Agency Affected Recommendation Status
Internal Revenue Service The Commissioner of Internal Revenue should modify the automated IRS collection procedures to prevent sending collection notices that would violate the protection afforded taxpayers by the Bankruptcy Code.
Closed – Implemented
A new computer program was implemented as part of a major reprogramming effort at the service centers. New bankruptcy closing codes are now in effect.

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Topics

Accounting systemsBankruptcyCollection proceduresInternal controlsTax administrationTax returnsTaxpayersTaxesBankruptcy reformAccounting