Stolen Identities Used to File Tax Returns Grows 644 percent

The latest news in the identity theft arena is a statistic showing that IRS related identity theft has grown 644 percent in the past four years.

Nina Olson, the National Taxpayer Advocate, warned Congress in a report that identity theft is becoming one of the biggest issues facing taxpayers today. The two main reasons cited were identities stolen to file fraudulent refunds and to obtain employment.

As more pressure is being placed on employers to ensure their employees have a social security number that matches a name, more illegal immigrants are using an identity that matches the social security number on their employment records. No-match legislation, which was introduced by the Department of Homeland Security has been held up in a Federal Court, but some States are taking matters into their own hands. I also read an interesting article in the Twin Cities Daily Planet indicating that these letters are already causing action to be taken at some employers.

Prior to no-match legislation, anyone could simply make up a social security number and it would pass muster for employment reasons.

No matter what side of the fence someone is on from a political perspective, these no-match letters are likely to increase the amount of identity theft we are seeing in regards to tax returns. With all the stolen personal information and counterfeit documents being sold by organized criminals -- it probably isn't going to be hard to use someone else's identities for employment reasons. Stolen identities are available in a lot of places (including the Internet) and counterfeit documents are hawked on street corners across the country.

Another thing I've written about is the increasing amount of fraud being seen using the earned income credit to get a quick refund using someone else's information. The Earned Income Credit -- which is designed as a windfall of several thousand dollars for lower income people -- is easily manipulated by individuals and on a larger scale, by dishonest tax preparers to scam the IRS.

Last year, a large Jackson Hewitt franchisee was charged by the Justice Department for (allegedly) encouraging this type of fraud. Dishonest tax preparers often recruit low income people to used a forged W-2 (forms are easily available in Office Supply Stores) and get a quick refund of thousands of dollars. In other cases, this is also done using stolen identities, causing the legitimate person a lot of heartache when they go to file their return. Ironically, in years past, there have even been reports of this type of fraud being committed by prisoners who weren't being monitored, very well!

Easily available W-2 blanks and the seeming inability of the IRS to verify payroll information are two of the enabling factors of this type of fraud.

The recent report indicates that the IRS will start using a computer program to identify potential identity theft cases next year. It is also considering establishing an office to assist identity theft victims.

Olsen also plans to monitor the use of private debt collectors by the IRS, carefully. The reasons cited are a lack of transparency on the procedures used by these agencies and the potential for people's rights to be violated by these agencies.

Stories of identity theft victims being harassed by collections agencies for debts they were not responsible for are well documented and have caused innocent people a lot of pain and suffering.

Another thing to consider is that since this type of identity theft normally doesn't show up on a credit bureaus very quickly, we probably have a lot of people purchasing identity theft protection that will not necessarily detect the fact that they have become a victim. The Identity Theft Resource Center has information on how to check if your social security number is being used and what to do about it. The IRS also has a page on their site on how to deal with this issue.

The IRS also offers more information on their site about the Taxpayer Advocate Service and how they can assist the average person.

All in all, I consider this report timely and an issue that needs to be taken seriously given an already exploding statistic and the potential for this phenomenon to grow.

Disney learns (the hard way) that insiders can be the biggest threat to information security

In the world of data breaches, nothing is sacred, not even Disney. It has come to light that a subcontractor (Alta Resources, Inc.) had an employee, who sold credit card information to federal agents.

Jaikumar Vijayan, Computerworld reports:

A subcontractor working for a company that processes and fulfills orders for the Disney Movie Club sold credit card numbers and other account information belonging to an unknown number of customers to undercover law enforcement agents.

The May 2007 incident has prompted Disney to send out letters to an unspecified number of customers informing them about the breach.

Jaikumar tried to get Disney to comment, but in standing with data breach protocol, they declined to do so. He was able to get one of the letters sent out to the customers, who were breached.

The letter reassured the "compromised" by stating:

Law enforcement officials have informed us that there is no indication that your information was used to make improper purchases or sold to anyone other than federal law enforcement agents," Flynn said in his letter. "Nevertheless, in an abundance of caution, we have informed representatives of Visa, MasterCard, American Express and Discover of these events."

Given the wholesomeness of Disney, their customers could be considered lucrative targets for identity theft. Most of them probably have good credit.

Either, the person involved was caught right from the beginning, or he isn't talking.

They are also saying that CVV/CVC codes were not compromised. CVV/CVC codes are three-digit codes added to a payment card as an extra layer of security.

I went to the site and didn't see CVV/CVC codes being asked for after pretending to buy some merchandise from them? Granted, I didn't click "buy," which would have sent my credit card information to them, but I completed the rest of the steps.

Not all merchants ask for this code, when someone makes a purchase, or payment over the Internet.

It amazes me how optimistically data breaches are presented.

In an Orlando Sentinel article about the breach, officials at Disney were quick to point out they had been "independently certified by under the Payment Card Industry Data Security Standard."

PCI data security protection standards are being pushed on merchants right now -- but as long as one dishonest person is given access, or is tricked into doing so -- no amount of security is going to protect information.

PCI data security protection standards are a step in the right direction, but need to be combined with other sound practices to protect businesses from being compromised.

PC World article, here.

Update: NetworkWorld's Buzzblog is quoting a Orlando Sentinel story that David Haltinner of Wisconsin has been charged in the case. They also have a link showing a copy of the official letter, here and a letter from a customer, claiming their card, which was on file with Disney had fraudulent purchases ($8,000.00 worth) put on it.

The writer of the letter did try to report this, but was told that it probably didn't tie into this breach. Finding the point of compromise in a credit card fraud case is difficult to say the least. Perhaps, this is why the recent GAO report on data breaches claims very little fraud is being tied into the compromises they studied?

With all the entities being compromised only revealing as little as they have to, there is a lot of plausible deniability.

The Buzzblog got the customer notification letter from someone at Attrition.org, who tracks data breaches on their site, here.

Is tax fraud being enabled by too many dishonest preparers?

In February, I wrote about fraudulent tax returns being filed using forged W-2s.

Another story recently surfaced from the SF Bay area, where Jackson Hewitt preparers were complaining this seasonal type of fraud is getting out of control.

Kate Williamson (Examiner) wrote:

If successful, the fraud allows tax cheats to receive thousands of dollars, either from the federal government or from companies making tax refund anticipation loans. It is sometimes coupled with identity theft, which can create problems for law-abiding citizens when they go to file their own taxes.

Kate Williamson article, here.

Interestingly enough, Jackson Hewitt preparers were quoted for this story and in another story - a lot of Jackson Hewitt franchises are being taken to task by the Justice Department for (allegedly) committing tax fraud, themselves.

The AP (courtesy of CNN) is reporting:

The franchises were either totally or partially owned by Farrukh Sohail, the Justice Department said, and involved "a pervasive and massive series of tax-fraud schemes," according to court filings.

Sohail and other defendants "created, directed, fostered, and maintained a business environment" at the Jackson Hewitt franchises "in which fraudulent tax return preparation is encouraged and flourishes," according to court documents.

Employees were encouraged to ignore telltale signs of fraudulent information and to file claims even when it was obvious customers were using fake W-2 forms or false
deductions.

A sample of returns prepared by franchises connected to Sohail found 31 percent contained false information such as phony earned income tax credit claims, bogus deductions and fraudulent W-2 forms.

AP story, here.

Dishonest tax preparers and people using forged W-2 forms is nothing new. In the past couple of years, there were even stories about this being done by prisoners. W-2 blanks are easily purchased at office supply stores, or over the Internet.

This phenomenon is probably being enabled by large payouts for what is known as the earned income tax credit and a huge business in refund anticipation loans. Refund anticipation loans often carry a triple digit interest rate, when considering the term (normally less than a month).

The AP article states that the dishonest franchises cost the government $70 million and this represents about 2 percent of Jackson Hewitt's business.

Some believe, the huge business in refund anticipation loans, has been inspired by the large dollar refunds lower income people get based on the earned income tax credit.

Currently, our tax gap (yearly difference between what is taken in and paid out) is 354 billion, according to the AP article.

Maybe, we need a better way to verify that W-2s are legitimate?

We can all help the IRS if we suspect tax fraud by reporting it, here.

Someone is going to say, we spend too much time going after the poor (people filing for earned income tax credits). Before they do, I would like to point out that in the instance cited, the Justice Department seems to be going after an "enabler" (Jackson Hewitt).

With our resources coming up $354 billion short every year, we can't afford to keep looking the other way on issues, such as these. The result will be more taxes to pay for needed government services.

Another problem is that a lot of the criminals doing this are using other people's information (identity theft). A lot of people are filing their taxes - only to discover someone else has already gotten a refund using their name.

From what I hear, this can be pretty hard and (painful) to clean up, once it occurs.

Of course, this isn't the only type of tax fraud being committed. A great place to learn all about the various schemes is Quatloos.com, which can be read by linking, here.

Don't be lured with promises of something too good to be true when filing your taxes

Tax season brings with it all kinds of fraud. A lot of immoral sorts try to get someone to fall for something that's too good to be true. They get away with it because people are afraid of what they might owe, or they take advantage of what I call the "greed factor."

One thing is certain, if you fall for their promises, you're going to be left holding the bag. This means financial hardship (at a minimum) and could mean incarceration (jail).

I firmly believe that education is the best weapon against fraud. And the best places to educate yourself about tax fraud is none other than the IRS website, itself.

They keep a close eye on trends involving tax fraud and publish the information for free.

On February 7th, they published the 2007 "Dirty Dozen Tax Scams."

Here are the 12 most prevalent scams, according to the IRS:

1. Zero Wages. In this scam, new to the Dirty Dozen, a taxpayer attaches to his or her return either a Form 4852 (Substitute Form W-2) or a “corrected” Form 1099 that shows zero or little wages or other income. The taxpayer may include a statement indicating the taxpayer is rebutting information submitted to the IRS by the payer. An explanation on the Form 4852 may cite "statutory language behind IRC 3401 and 3121" or may include some reference to the paying company refusing to issue a corrected Form W-2 for fear of IRS retaliation. The Form 4852 or 1099 is usually attached to a “Zero Return.” (See number four below.)

2. Form 843 Tax Abatement. This scam, also new to the Dirty Dozen, rests on faulty interpretation of the Internal Revenue Code. It involves the filer requesting abatement of previously assessed tax using Form 843. Many using this scam have not previously filed tax returns and the tax they are trying to have abated has been assessed by the IRS through the Substitute for Return Program. The filer uses the Form 843 to list reasons for the request. Often, one of the reasons is: "Failed to properly compute and/or calculate IRC Sec 83––Property Transferred in Connection with Performance of Service."

3. Phishing. Phishing is a technique used by identity thieves to acquire personal financial data in order to gain access to the financial accounts of unsuspecting consumers, run up charges on their credit cards or apply for new loans in their names. These Internet-based criminals pose as representatives of a financial institution and send out fictitious e-mail correspondence in an attempt to trick consumers into disclosing private information. Sometimes scammers pose as the IRS itself. In recent months, some taxpayers have received e-mails that appear to come from the IRS. A typical e-mail notifies a taxpayer of an outstanding refund and urges the taxpayer to click on a hyperlink and visit an official-looking Web site. The Web site then solicits a social security and credit card number. In a variation of this scheme, criminals have used e-mail to announce to unsuspecting taxpayers they are “under audit” and could make things right by divulging selected private financial information. Taxpayers should take note: The IRS does not use e-mail to initiate contact with taxpayers about issues related to their accounts. If a taxpayer has any doubt whether a contact from the IRS is authentic, the taxpayer should call 1-800-829-1040 to confirm it.

4. Zero Return. Promoters instruct taxpayers to enter all zeros on their federal income tax filings. In a twist on this scheme, filers enter zero income, report their withholding and then write “nunc pro tunc”–– Latin for “now for then”––on the return. They often also do this with amended returns in the hope the IRS will disregard the original return in which they reported wages and other income.

5. Trust Misuse. For years unscrupulous promoters have urged taxpayers to transfer assets into trusts. They promise reduction of income subject to tax, deductions for personal expenses and reduced estate or gift taxes. However, some trusts do not deliver the promised tax benefits, and the IRS is actively examining these arrangements. There are currently more than 200 active investigations underway and three dozen injunctions have been obtained against promoters since 2001. As with other arrangements, taxpayers should seek the advice of a trusted professional before entering into a trust.

6. Frivolous Arguments. Promoters have been known to make the following outlandish claims: the Sixteenth Amendment concerning congressional power to lay and collect income taxes was never ratified; wages are not income; filing a return and paying taxes are merely voluntary; and being required to file Form 1040 violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. Don’t believe these or other similar claims. These arguments are false and have been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.

7. Return Preparer Fraud. Dishonest return preparers can cause many headaches for taxpayers who fall victim to their schemes. Such preparers derive financial gain by skimming a portion of their clients’ refunds and charging inflated fees for return preparation services. They attract new clients by promising large refunds. Taxpayers should choose carefully when hiring a tax preparer. As the old saying goes, “If it sounds too good to be true, it probably is.” And remember, no matter who prepares the return, the taxpayer is ultimately responsible for its accuracy. Since 2002, the courts have issued injunctions ordering dozens of individuals to cease preparing returns, and the Department of Justice has filed complaints against dozens of others. During fiscal year 2005, more than 110 tax return preparers were convicted of tax crimes.

8. Credit Counseling Agencies. Taxpayers should be careful with credit counseling organizations that claim they can fix credit ratings, push debt payment plans or impose high set-up fees or monthly service charges that may add to existing debt. The IRS Tax Exempt and Government Entities Division is in the process of revoking the tax-exempt status of numerous credit counseling organizations that operated under the guise of educating financially distressed consumers with debt problems while charging debtors large fees and providing little or no counseling.

9. Abuse of Charitable Organizations and Deductions. The IRS has observed increased use of tax-exempt organizations to improperly shield income or assets from taxation. This can occur, for example, when a taxpayer moves assets or income to a tax-exempt supporting organization or donor-advised fund but maintains control over the assets or income, thereby obtaining a tax deduction without transferring a commensurate benefit to charity. A “contribution” of a historic facade easement to a tax-exempt conservation organization is another example. In many cases, local historic preservation laws already prohibit alteration of the home’s facade, making the contributed easement superfluous. Even if the facade could be altered, the deduction claimed for the easement contribution may far exceed the easement’s impact on the value of the property.

10. Offshore Transactions. Despite a crackdown by the IRS and state tax agencies, individuals continue to try to avoid U.S. taxes by illegally hiding income in offshore bank and brokerage accounts or using offshore credit cards, wire transfers, foreign trusts, employee leasing schemes, private annuities or life insurance to do so. The IRS and the tax agencies of U.S. states and possessions continue to aggressively pursue taxpayers and promoters involved in such abusive transactions. During fiscal 2005, 68 individuals were convicted on charges of promotion and use of abusive tax schemes designed to evade taxes.

11. Employment Tax Evasion. The IRS has seen a number of illegal schemes that instruct employers not to withhold federal income tax or other employment taxes from wages paid to their employees. Such advice is based on an incorrect interpretation of Section 861 and other parts of the tax law and has been refuted in court. Lately, the IRS has seen an increase in activity in the area of “double-dip” parking and medical reimbursement issues. In recent years, the courts have issued injunctions against more than a dozen persons ordering them to stop promoting the scheme. During fiscal 2005, more than 50 individuals were sentenced to an average of 30 months in prison for employment tax evasion. Employer participants can also be held responsible for back payments of employment taxes, plus penalties and interest. It is worth noting that employees who have nothing withheld from their wages are still responsible for payment of their personal taxes.

12. “No Gain” Deduction. Filers attempt to eliminate their entire adjusted gross income (AGI) by deducting it on Schedule A. The filer lists his or her AGI under the Schedule A section labeled “Other Miscellaneous Deductions” and attaches a statement to the return that refers to court documents and includes the words “No Gain Realized.”

Two items fell off the list this year:

Two noteworthy scams have dropped off the “Dirty Dozen” this year: “claim of right” and “corporation sole.” IRS personnel have noticed less activity in these scams over the past year following court cases against a number of
promoters.

Dirty Dozen press release, here.

If you are a victim of one of these scams, you can report it, here.

Notably, they mention that reporting a scam might qualify you for a reward, but reporting one of these scams might (also) prevent someone else from becoming victimized.

There is also a lot of other free information and tools to do your taxes on the main IRS website, here.