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The IRS Decides Who To Audit By Data Mining Social Media (typepad.com)

In America the Internal Revenue Service used to pick who got audited based on math mistakes or discrepancies with W-2 forms -- but not any more. schwit1 shares an article from the Vanderbilt Journal of Entertainment and Technology Law describing their new technique: The IRS is now engaging in data mining of public and commercial data pools (including social media) and creating highly detailed profiles of taxpayers upon which to run data analytics. This article argues that current IRS practices, mostly unknown to the general public, are violating fair information practices. This lack of transparency and accountability not only violates federal law regarding the government's data collection activities and use of predictive algorithms, but may also result in discrimination. While the potential efficiencies that big data analytics provides may appear to be a panacea for the IRS's budget woes, unchecked these activities are a significant threat to privacy [PDF]. Other concerns regarding the IRS's entrance into big data are raised including the potential for political targeting, data breaches, and the misuse of such information.
While tax evasion cost the U.S.$3 trillion between 2000 and 2009, one of the report's authors argues that people should be aware âoethat what they say and do onlineâ could be used against them.

35 of 232 comments (clear)

  1. Re:Don't cheat and don't worry by ShanghaiBill · · Score: 4, Funny

    If you don't cheat on your taxes, you have nothing to worry about no matter how they decide whom to audit.

    Not true. I was audited and fined for honest mistakes. The auditor didn't even catch the cheating.

  2. It makes sense. by BitterOak · · Score: 4, Insightful

    After all, if you declare on your tax return that your annual income is $30,000 and your Facebook page is full of pictures of you taking vacations in Hawaii, Fiji, Bermuda, etc., as well as photos taken from your first class seat in the airplane, then they have good reason to audit you. As long as they're searching public information only (eg. your PUBLIC Facebook profile and Twitter account) and not using special government powers to look at private information which would not be viewable by the general public, then I don't see a problem with this. You have no expectation of privacy when you post your vacation pictures to your public Facebook profile.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:It makes sense. by whoever57 · · Score: 3, Interesting

      Some years ago, the Italian equivalent of the IRS sent some of its agents to go round marinas, looking at the boats moored there, then compared the estimated value of the boat with the declared income of the owner.

      --
      The real "Libtards" are the Libertarians!
    2. Re:It makes sense. by AmiMoJo · · Score: 2

      The only times I've flown business class it has been at someone else's expense.

      That's the problem - social media is both fake and incomplete information.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:It makes sense. by Applehu+Akbar · · Score: 5, Insightful

      All internet conversations devolve to the point where and American will say "At least we're not as bad as North Korea

      Did you consider that 99% of their problem is that America is occupying half THEIR country.

      The US isn't occupying Korea; South Korea is. And it's not North Korea's country. Korea was one country from the beginning of time until the day after Hiroshima, when Stalin finally saw Japan as being vulnerable, declared war on it, and occupied half of Korea while everyone else was otherwise occupied.

      North Korea has no reason to exist. At some point we, or a UN consortium, will invest the afternoon it will take to blow it out of existence and reunify the country. Betcha you miss East Germany too, don't you?

  3. Re:Don't cheat and don't worry by Anonymous Coward · · Score: 5, Interesting

    Being audited requires production of huge amounts of paperwork, some of which you may not have. Even if you are honest about the numbers, it's kind of like being audited by the Business Software Alliance: the requirements for a license to be legal in the EULA are far looser than the requirements the BSA lays upon you, such as requiring that all receipts for all software purchased have your business name on them or requiring that you have the original installation media for the OS for the license to be valid even though the COA sticker and a matching license code entered in the installed OS is the only thing that's actually supposed to be required according to their own EULA. The IRS is no different. They may ask for receipts that have since been lost or damaged and on that basis alone you could lose thousands of dollars plus late fees and penalties to multiply those thousands further.

    If nothing else, it is a major disruption to being able to run your business. It costs you money even if you're completely in the right. Posting anonymously because of fucking shit like this.

  4. Works for me by Snotnose · · Score: 3, Interesting

    No facebook, no snapchat, no tinder, no grinder. Fact is, I'm as close to 100% out of social media as can be. I don't understand people who are into social media, I don't hang out with them. They're like smokers were 10-20 years ago. You want to take a pic of me and post it to FB? Um, no, I'll just step out. I find out you put a pic of me on FB without my knowledge and best case, you ain't my friend. Worst case I sue you.

    1. Re:Works for me by Anonymous Coward · · Score: 2, Insightful

      The next that'll happen is people who DON'T have social media will be targeted. Hell, it probably already happens but we don't know because those people can't post about it!

      "Well, why don't you want to share every aspect of your life? You MUST have something to hide!" --Da Gubbamint

    2. Re:Works for me by PopeRatzo · · Score: 2

      No facebook, no snapchat, no tinder, no grinder.

      That would make a catchy chant for a demonstration.

      We could start a movement of disaffected Slashdot users, call it the "Green Bloc" and wear polo shirts with Penguin symbols. Show those filthy hippie Antifa guys how it's done.

      "No facebook, no snapchat, no tinder, no grinder."

      I'm available for organizing meetings, but not on Thursday, because mom makes meatloaf on Thursday, and not on Saturday, because we have a little group that does board games on Saturday.

      --
      You are welcome on my lawn.
    3. Re:Works for me by cascadingstylesheet · · Score: 2

      The next that'll happen is people who DON'T have social media will be targeted. Hell, it probably already happens but we don't know because those people can't post about it!

      "Well, why don't you want to share every aspect of your life? You MUST have something to hide!" --Da Gubbamint

      So use them but post occasional innocuous stuff. Oh wow, you like cats.

    4. Re:Works for me by sheramil · · Score: 3, Insightful

      Do none of you consider slashdot to be social media?

    5. Re:Works for me by demonlapin · · Score: 3, Insightful

      You can probably use my account to figure out who I am, if you really want to. I'm pretty sure I've dropped enough biographical data over the years. But there's a difference between "I'm safe from the NSA/FBI/CIA when they're actively pursuing a high-level spy" and "I'm safe from the IRS when they're fishing for auditees".

    6. Re:Works for me by Opportunist · · Score: 2

      No, I see it more like some antisocial medium.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Works for me by houghi · · Score: 2

      They do not ask for a real name. Somewhere they will be able to find a link between you and your alias, When they put that much effort into it, there would have been other signals and they are already on to you.

      Anyway, my butler is calling. There is an issue with my private jet.

      --
      Don't fight for your country, if your country does not fight for you.
  5. Re:Don't cheat and don't worry by PAjamian · · Score: 3, Interesting

    You must have never been audited before. Audits cost time and money and you have to prove every little thing you claimed on your tax returns. It's meant to catch cheaters but it very often times also catches out people who are simply not prepared for one and even if you manage to get through one without getting whacked with interest or penalties you still spent quite a significant amount of time and money to do so.

    --
    Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
  6. Re:Don't cheat and don't worry by PopeRatzo · · Score: 5, Funny

    Not true. I was audited and fined for honest mistakes.

    I told you not to try to deduct those Brazzers live webcam subscriptions as business expenses.

    --
    You are welcome on my lawn.
  7. Re:Don't cheat and don't worry by ShanghaiBill · · Score: 5, Insightful

    Being audited requires production of huge amounts of paperwork

    If you get audited, the first thing you should do is hire the best tax attorney that you can afford. Once you have legal representation, the IRS is required to deal directly with your tax lawyer, and can not contact you directly. Your attorney can cut way down on excessive demands for paperwork and documentation, which are mostly just fishing expeditions to intimidate naive taxpayers into agreeing to a "settlement" just to get the harassment to stop.

    Of course, if you are poor, and can't afford a tax attorney, then you are screwed.

  8. Truth online by Okian+Warrior · · Score: 2

    After all, if you declare on your tax return that your annual income is $30,000 and your Facebook page is full of pictures of you taking vacations in Hawaii, Fiji, Bermuda, etc., as well as photos taken from your first class seat in the airplane, then they have good reason to audit you. As long as they're searching public information only (eg. your PUBLIC Facebook profile and Twitter account) and not using special government powers to look at private information which would not be viewable by the general public, then I don't see a problem with this. You have no expectation of privacy when you post your vacation pictures to your public Facebook profile.

    I've often wondered whether this sort of data can be used as evidence.

    Recently someone live-streamed themselves driving drunk (in Miami, IIRC) and posted it to youtube, and were subsequently arrested and charged. I can suppose that he was also caught on traffic cameras, but what if he wasn't?

    There's no reason why this sort of information can't be faked - I could easily make up a FB account to presents myself as much richer than I actually am, I could fake a live-stream drunk driving video, and I can simply put "PhD" after my name for more status. People fake news events all the time, and some of it gets reported by the press.

    Absent any corroborating evidence, could social media data be used to convict?

    If someone fakes a drunk-driving video and is arrested, can the police then be sued for false arrest?

    How much of a legal responsibility do we have for saying only the truth online?

    1. Re:Truth online by demonlapin · · Score: 2

      Well, suing the police for false arrest is very unlikely to go your way, as they have rather broad authority to make mistakes. I'm pretty anti-cop, as a general rule, but there's pretty much no way around this problem if you don't want your cities to devolve into mass chaos. Police have to make snap decisions based on very limited information, and you don't want to live in a world in which they are punished for making a wrong one, because the result is anarchy (and not the good kind).

      Social media posts aren't adequate for DUI unless you're drinking/toking/whatever on the camera, but they're perfectly adequate to prove reckless driving or speeding.

  9. DOesn't matter by Anonymous Coward · · Score: 5, Interesting

    There is also the Medical Information Bureau, the credit bureaus, ChoicePoint, retailers, and so many other databases out there. And this is been going on for many many years. Back in '91, I dated a lawyer and she made a comment one time - "With someone's social security number, you can find out anything about that person." And that was 26 years ago when storage and computers were expensive.

    This shows how government without breaking the law on spying on Americans (yeah, I know - like they care) can build a dossier on folks that would be an East German Stasi agent's wet dream.

    And it also shows this filing taxes is just one big stupid waste of time for folks who have W-2 jobs. They should just do what is done in some European countries. At the end of the year, you get a statement saying how much you paid.

  10. Fair game by ebonum · · Score: 3, Interesting

    This is no different than people who post on facebook themselves water skiing while taking big buck in worker's comp payments and have multi-million dollar lawsuits in the works.
    I'm sorry. Anything you post is fair game. If you are a bad criminal, it is survival of the fittest. Dumb ones go to jail. Smart ones live comfortably in Costa Rica.

  11. It's not private information by chuckugly · · Score: 5, Insightful

    Looking at publicly available (and in most cases self published) information isn't a violation of privacy by any sane definition. It may legitimately constitute something we don't like and may want to proscribe our government from doing, but it's not a privacy issue. Words; they used to mean things.

  12. This is why you want them to use it by Roger+W+Moore · · Score: 4, Interesting

    Audits cost time and money and you have to prove every little thing you claimed on your tax returns.

    Exactly so don't you want governments to use all publicly available data to ensure they only audit the people who need auditing rather than wasting both their time and other's auditing people who have filled in their returns honestly?

    I would have objections if they were forcing websites to disclose private information on users but if people have posted this information on a publicly available website for all to see they should not complain when someone does see it and if that data reduces the number of audits of honest people we all benefit.

  13. Re:Don't cheat and don't worry by will_die · · Score: 3, Interesting

    Been personally audited twice.
    First I looked over all the paperwork they saw I had made a mistake and ended up paying around $400 after all the penalties and interest.
    Second they wanted around $4500 I looked over all the paperwork saw where I had made a mistake, submitted an amendment to that years taxes showing how I checked the wrong boxes and within two months the IRS had sent me a check for my overpayment.

  14. Re: Don't cheat and don't worry by sycodon · · Score: 3, Insightful

    If SocialMedia like '%conservative%'
            Audit;

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  15. Awesome Authors by nicoleb_x · · Score: 2

    "argues that people should be aware that what they say and do online could be used against them." Now that's going to be news to many people. Especially if you think you are a right thinking individual.

  16. It's OK...... by Tulsa_Time · · Score: 5, Insightful

    It was fine when all the IRS did wrong was screw conservative non-profits... no one got fired or punished.

    Making the tax collector a political weapon was not a problem for Obama.

    Why worry now ? Oh... you don't like it now that Trump is in.... I see.....

    --
    5 out of 6 people enjoy Russian Roulette & 6 out of 7 Dwarfs are not Happy
    1. Re:It's OK...... by k6mfw · · Score: 2

      Though another problem most don't know about is budget cuts of IRS meaning less staff such as competent auditors to quickly tell difference of simple math mistakes from tax evaders. I was talking with a accountant who said couple auditors she has interacted with (they were not the "out-to-get-you" types) that occasionally call her for a tax audit. They were competent, reviewed the figures just to confirm some info then quickly close the case.

      --
      mfwright@batnet.com
    2. Re:It's OK...... by micahraleigh · · Score: 2

      What? Are you speaking out in favor of auditing being used as a political tool to silence dissent?

  17. Are there people still believing in the system? by HBI · · Score: 2

    Some wisdom:

    A dollar coming out of the government is not a dollar coming in. In other words, your taxes do not pay for services.

    What happens is that, if the government overspends, as it has done every year I have been alive except for 2 or 3 in the late 90s, the money is created out of thin air to make up the deficit.

    The only reason taxation exists is to preserve the fiction that my first point is not true, and thereby hold down inflation.

    If people grasped the fundamental nature of fiat currency, they'd rebel against the idea and the system would go south almost immediately.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:Are there people still believing in the system? by speedplane · · Score: 2

      Of course the government's job is to hold down inflation. If they just started printing money for everything, inflation would sky-rocket which would screw up the economy in a ton of different ways.

      --
      Fast Federal Court and I.T.C. updates
  18. Good! by nospam007 · · Score: 2

    First I like it because it's another reason not to give your data to so-called 'social' sites.

    Second, it's ironic that now people snitch themselves to the IRS instead of their neighbor snitching to it.

  19. Re: Don't cheat and don't worry by KGIII · · Score: 3, Funny

    They go under medical expenses. It's therapy.

    --
    "So long and thanks for all the fish."
  20. Re:LiveJournal Only. by Opportunist · · Score: 2

    Basic logic.

    What government has more ways to screw with you?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  21. Re:Don't cheat and don't worry by thegarbz · · Score: 2

    Sorry let me correct that:

    Someone whom's job.