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Brooklyn

CITIZEN ADVOCACY PANEL (CAP)

Brooklyn District Meeting Minutes

Date: August 9, 2000

Time: 6:00-9:20 PM

Location: 10 MetroTech Center, 625 Fulton Street, 6th Floor, Brooklyn, NY 11201

Panel Members Attending:

  • Jim Montes, Chairperson
  • Edward Maher, Vice-Chairperson
  • Matthew Mihovich
  • Tony Fandozzi
  • Horace Aiken
  • Kristen Bailey, DFO
  • John Rotondi
  • Burton Kahn
  • Mercedes Cintrón
  • Laura Greenberg

IRS Staff Attending:

  • James McGurn, CAP Analyst
  • Kevin McKeon, Communications Manager

Absentees:

  • Ethel Richards
  • Marie Nahikian

Guests:

  • None

Public Attendees:

  • None

Opening of the Meeting

Vice-Chairperson Maher opened the meeting at 6:00 PM.

Review of March 2, 2000 and June 28, 2000 Minutes

On a motion made by Panel member Maher and seconded by Panel member Fandozzi, the Panel members accepted the March 2, 2000 minutes without amendment. On a motion made by Panel member Mihovich and seconded by Panel member Greenberg, the Panel members accepted the June 28, 2000 minutes as amended.

New Proposals

  • Estimated Taxes - Panel member Greenberg made a motion to send a letter to Taxpayer Advocate Val Oveson to reflect that the Brooklyn CAP agrees with Commissioner Rossotti's testimony before Congress on tax law complexity, specifically regarding estimated tax payments, and supports the options he proposed. Panel member Kahn seconded the motion and the Panel concurred. Staff will draft the letter. Panel member Greenberg presented a proposal to have IRS permit taxpayers the option to pay their estimated taxes through automatic deduction from their checking accounts. The panel agreed this was a good proposal. Panel member Mihovich stated that the IRS would need to ensure the withdrawals stop after the final quarter of the year and that taxpayers have the option of modifying the payments throughout the year. Staff will prepare the formal proposal for consideration at the next business meeting.
  • E-File - Panel member Fandozzi requested feedback from members regarding his E-File incentive proposal.
  • Employee Vs Independent Contractor - After feedback from Panel members, Panel member Mihovich prepared a new draft of his proposal. He requested members review the proposal for consideration at the next business meeting. Panel member Fandozzi asked if this proposal would also address the issue of the underground economy. Panel member Mihovich said it would not. Panel member Fandozzi then related a recent conversation between two contractors he overheard at a local outlet store. The conversation concerned the difficulty of hiring workers. One contractor told another about a local community where workers could be engaged for the day "off the books". Panel member Fandozzi stated that this practice deprives the Treasury of billions of dollars each year and that it seemed government leaders were not addressing the issue.

New Business/ Other Matters

  • Taxpayer Contacts - Panel member Kahn advised the Panel on 3 taxpayers he spoke with. One taxpayer stated his wife refuses to sign a joint return and he felt IRS should permit him to file jointly without her signature. The Panel discussed the issue but agreed not to consider a proposal. Another taxpayer proposed the Panel to consider recommending legislative change to eliminate the taxability of unemployment benefits for the low-income taxpayer. The Panel discussed the issue but agreed not to consider a proposal. Another taxpayer suggested that the IRS include a line item for an IRA deduction on Form 1040EZ. . The Panel discussed the issue and agreed this was an item to pursue. Panel member Kahn attended the Problem Solving Day at the Garden City office and spoke with several taxpayers that expressed satisfaction with the resolution of their issues. Panel member Fandozzi would like the staff to provide the Panel with the PSD survey results. Staff will follow-up. Panel member Fandozzi reviewed the staff report that summarized the issues that taxpayers had brought to the Panel during the past year and thought it brought focus on the possible systemic issues. The Panel discussed and concurred that the data base reflect all problems taxpayers bring forth even if there is no further action to be taken. This will provide more meaningful data to the Panel on possible systemic issues.
  • Outreach - Vice-Chairperson Maher handed out copies of the self -mailers that will be sent to the practitioner community soliciting their suggestions and a more generic letter to be handed out at other events that CAP members attend. The small business committee is also drafting a self-mailer to be used at events they attend.
  • VIDEO - Panel member Fandozzi prepared a written proposal on developing a video similar to the New York State Jury System "Your Turn" for use by the IRS. He is currently contacting the individuals at NYS that developed the video for more information on how they obtained the funding of the project. He stated that he "believes so strongly in the value of such a video, that nothing would give me greater pleasure than the opportunity to go to Washington and show the New York State video and discuss the implementation plan to Commissioner Rossotti and key members of his staff". Panel member Mihovich made a motion to continue work on this proposal and Panel member Cintrón seconded. The Panel concurred on the motion.
  • Dual Notice Issue - Vice-Chairperson Maher distributed copies of Panel member Fandozzi's letter to CAP manager Cain regarding a suggestion that IRS use a checkbox or issue letters to taxpayers asking them if they want a dual notice issued. The Panel agreed to send a copy of the letter to Taxpayer Advocate Oveson and copies to focus group facilitators Jay Duffy and Laura Hostelley. The letter is attached and is an integral part of these minutes.
  • Paid Advertising - Panel member Fandozzi stated that the proposal on paid advertising would be in two parts. The first will request IRS be permitted paid advertising to promote services and the second would allow IRS to make the decision on dollar. Chairperson Montes requests that staff provide the legislative history for the ban on paid advertising. Panel member Greenberg would like the sub-committee to submit a proposal. The consensus of the Panel is to have the Planning and Marketing Sub-committee to continue the work on this issue.
  • 5/20/00 Problem Solving Day - Panel member Fandozzi noted that at the PSD it was noticed that the CAP banner was in a place not conducive to viewing and that there was no literature on CAP to inform taxpayers of it's mission. As a result staff has requested the banner be moved to the opposite wall and has obtained a display rack to be placed under the banner and will contain CAP brochures, etc.
  • NATP 2000 Annual National Conference - Panel member Fandozzi distributed his report on the conference that he and Panel member Nahikian attended. The report summarizes his suggestions and comments received from practitioners. The report is attached and is an integral part of these minutes.

Reports of Working Committees

  • Statute of Limitations

Panel member Rotondi reported the sub-committee has prepared a letter of endorsement of H.R.1294 (to amend the Internal Revenue Code of 1986 to extend the period for filing for a credit or refund of individual income taxes from 3 to 7 years). The letter will be sent to the sponsor, Richard Baker, with copies to key members of congress, National Advocate Oveson, and Commissioner Rossotti. The Panel concurred on sending the letter. The letter is attached and is an integral part of these minutes. Panel member Rotondi discussed the posting of unclaimed refunds on the IRS website. He has reviewed an IRS legal advisory memo that concluded that the law does not allow Internet postings of this information. He disagrees with this interpretation. He noted that the South Florida CAP is also working on this issue. He notes that a provision of TBOR 2000 will permit this posting. The sub-committee will prepare a letter endorsing this provision of TBOR 2000. The sub-committee is also continuing to review IRS notices on this issue.

  • Small Business

The sub-committee held a meeting on August 9th. Three topics were on the agenda:

  1. Small Business and New Business Education

    2. a) shorter seminars

    b) other locations

    c) Education stressing E-filingInternal /External projects, using accounting students from local colleges and/or IRS employees. Commissioner Rossotti's pilot project called Mentor and Monitoring Program is used for this.

  2. Partnering the state withholding filing with the 941 Telefiling.
  • Planning/Outreach

Vice-chairperson Maher requested feedback on self-mailers discussed earlier.

  • Language Diversity

Panel member Mihovich reported that the kiosk translations are still being reviewed for accuracy. The sub-committee will begin working on producing pamphlets and posting on the WEBSITE once the disks are reviewed and available. The sub-committee would like the staff to do a monthly summary of survey results. The sub-committee would like to see additional languages be included in the future. They are currently working on the availability of interpreters for walk-in and telephone contacts.

  • Website

The Brooklyn CAP Website has been updated for all business meetings to date and a new link called committee corner is in process. This link will give an update on the actions and issues being reviewed by the sub-committees. Vice-Chairperson Maher has posted a survey on the threaded messaging site requesting, CAPS if they would designate an individual to provide information on issues they are reviewing.

Adjournment

Panel Member Cintrón made a motion to adjourn. Vice-Chairperson Maher seconded. The meeting adjourned at 9:20 P.M.

Attachments:

  • Dual Notice Letter
  • NATP Conference Memo
  • H.R. 1294 Support Letter

I hereby certify that, to the best of my knowledge, the foregoing minutes are accurate and complete.

 

Jim Montes, Chairperson

Brooklyn District Citizen Advocacy Panel