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Here's important info you should consider using when filing complaints against federal
employees. Taking informed offensive action is key to success, and not waiting for an attack,
putting you on defense. True “Patriots” are actual “Whistleblowers” and should use the law, and
NOT hide from it. Sometimes the best direct weapon is using their own rules procedures against
them.
There is an address where complaints against agents who have stepped outside their authority
and/or violated your rights may be lodged. It happens regularly as a daily practice. The address
was provided to me by the local Taxpayer Advocate, and it was an office I had not heard of
before, but maybe you all have. Be careful, this is not a game and you must have substantial
evidence based on their own rules as to what they violated.
Consider including IRS Form 12217 "Section 1203 Allegation Referral Form:"
http://www.irs.gov/irm/part13/ch01s15.html
b.. Allegations determined to contain no 1203 violations will be handled using administrative
procedures. See IRM 13.1.15.4, Customer Complaints (Non- 1203 Violations).
13.1.15.2 (10-31-2004) Elements of Misconduct 1.. The Taxpayer Bill of Rights II defines three
elements of misconduct:
a.. An employee violated a law, regulation, or rule of conduct (these cases are worked and
reported by Treasury Inspector General for Tax Administration (TIGTA).
b.. An IRS system failed to function properly or within proper time frames (these cases are
worked as Taxpayer Advocate Service cases).
c.. An IRS employee treated a taxpayer inappropriately in the course of official business. For
example, rudeness, over zealousness, excessive aggressiveness, discriminatory treatment, and
intimidation. (These cases will be worked/handled by management within the employee's
function.)
2.. The employee's manager is required to complete Form 12217, 1203 Allegation Referral
Form, Exhibit 13.1.15.-1 , and determine if the case should be referred to TIGTA or
management. Except for EEO and tax related issues, allegations relating to all Executives,
Senior Level Managers (paybanded and supervisory GS-15s) and Criminal Investigation
Employees must be directly and immediately referred to TIGTA. Direct referrals may be
made to the TIGTA hotline at 800 366 4484 or TDD/TTY Service at 1 800 877 8339.
See IRWEB http://www.ustreas.gov/tigta/hotline.htm.
3.. The following types of employee misconduct cases require referral to your manager for 1203
consideration:
2.. If the taxpayer alleges his/her rights have been violated and it is determined to meet
Taxpayer Advocate Service (TAS) case criteria, initiate a TAS case and follow procedures as
outlined in IRM 13.1.7, Taxpayer Advocate Case Procedures.
3.. Issues or concerns involving IRS policy, procedure, or practice may be referred to the
Commissioner's Complaint Processing and Analysis Group (CCPAG). The group is also
charged with referring ideas, compliments and suggestions to improve Service Operations.
Exhibit 13.1.15-1 (10-31-2004) Form 12217, Section 1203 Allegation Referral Form This image
is too large to be displayed in the current screen.
You may wish to research and verify these codes online to be certain they are current prior to
use. Do your own homework, and do not rely only on this document.