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Watch Out for the ‘Dirty Dozen,’ Warns IRS

IRS Commissioner Mark W. Everson says tax scams can take many forms and be promoted by many types of people. But the IRS says there are 12 that taxpayers should be on the lookout for.

By Stanley H. Block

The Internal Revenue Service refers to them as the “Dirty Dozen.”

They are the 12 most common tax scams available these days. They can be promoted by a career conman, a businessman, even a neighbor. But the trick is not to get fooled. Everybody has to pay taxes. It’s the way it is.

Still, tax scam promoters are relentless. To give you an idea of what you might expect to see promoted, here are the top five schemes on the “Dirty Dozen” list:

  1. Trusts — Although the IRS has been aggressively cracking down on trusts for years, they still remain the most popular tax scam. Promoters tell taxpayers to transfer assets and income into the trusts, effectively hiding the money from the IRS while still maintaining access to it. Since some trusts are indeed legal, taxpayers should consult a professional before using one.
     

  2. Frivolous Arguments — These outlandish arguments includes claims that the Sixteenth Amendment concerning congressional power to lay and collect income taxes was never ratified; that wages are not income; and that filing a return and paying taxes are merely voluntary. No matter how creative a taxpayer’s frivolous argument, it won’t work.
     

  3. Return Preparer Fraud — Dishonest return preparers make money by skimming a portion of a clients’ refund, and they bring in taxpayers with claims of enormous refunds. Taxpayers, beware!
     

  4. Credit Counseling Agencies — The IRS is currently investigating some of these tax-exempt credit-counseling organizations. They were intended to provide education to low-income customers with debt problems, but some are instead charging debtors large fees and providing little or no counseling.
     

  5. “Claim of Right” Doctrine — Using this scheme, a taxpayer files a return and attempts to deduct an amount equal to his/her entire wages, claiming it as “a necessary expense for the production of income.” This so-called deduction is based on a misinterpretation of the law.

The lesson taxpayers should take is to beware! Scam artists abound. Unfortunately, taxpayers lured by promises of big refunds are often unsuspecting targets.

In today’s scamming world, the best advice you can get is only from a qualified tax professional.


Stanley H. Block is a Maryland State Tax Attorney and a member of the American Society of IRS Problem Solvers. You can contact him at 410-727-6006 to obtain a free subscription to his newsletter titled The IRS Times & Inquirer.

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