Taxpayer Bill of Rights  

Summary of S. 850, The Taxpayers' Bill of Rights Act

Click the Subtitle to Read a More Complete Explanation

A. Establishment of an Office of Ombudsman

The bill would establish an independent Ombudsman, within the IRS, who would be appointed by the President, by and with the advice and consent of the Senate. The Ombudsman primarily would be an advocate for taxpayers' rights. In addition, the Ombudsman would be permitted to take certain actions on behalf of taxpayers who are suffering from unusual hardships because of the manner in which the tax laws are being administered by the IRS.

B. Administrative Appeal of Tax Liens

Under the bill, a taxpayer would be able to appeal, administratively, the imposition of a lien upon his property.

C. Revision of Rules Relating to Property Levies

In general, the bill would require the Secretary of the Treasury to obtain a court order prior to making a levy upon property. A taxpayer also would be permitted to appeal a decision by the Secretary to make a levy.

D. Time Requirements for Issuance of Treasury Regulations

In general, the bill would require that Treasury Regulations be issued within 18 months after an amendment to the Internal Revenue Code is enacted. If this time limitation is not met, then a taxpayer who is contesting an issue with respect to which regulations have not been promulgated would be permitted to rely on any reasonable position regardless of what is contained in the regulations when promulgated.

E. Installment Payments of Estimated Income Tax by Individuals

Under the bill, declarations of estimated income tax would not be required. Instead, individuals would make quarterly payments of estimated taxes from the time they first meet the estimated tax payment requirements. Furthermore, estimated tax payments would not be required if an individual's annual estimated tax could reasonably be expected to be less than $300. Moreover, the bill would give farmers and fishermen the option to wait until March 1 of the succeeding taxable year to make full payment of their estimated taxes.

F. Time for Furnishing Forms W-2 to Terminated Employees

In general, the bill would permit an employer to furnish Forms W-2 to employees who terminate employment during the calendar year at the same time as they are furnished to all other employees (that is, by January 31 of the succeeding calendar year).

Previous| First | Next

1981 Hearings Main | Taxpayer Bill of Rights Main | Home

  to download the Adobe Acrobat PDF Reader