The IRS has some pretty tough privacy laws. If you’ve ever tried to order a tax transcript or ask a tax question, you know what I’m talking about. The IRS will not generally reveal third party information without the third party’s consent even when it affects the taxpayer. That privacy cap even extends to law enforcement officials.
Under current law, the IRS may not share any tax information with any other person, including law enforcement officials. This is true even if the information would help locate a missing child. Senator Amy Klobuchar (D-MN) hopes to change that. In December, the former prosecutor introduced legislation that would help local law enforcement locate missing children using basic information on federal tax returns. The legislation, which received a significant amount of press this week, is co-sponsored by Sen. John Cornyn (R-TX) and Sen. Patrick Leahy (D-VT).
According to the U.S. Justice Department, more than 200,000 of the 800,000 children reported missing every year are the result of family abductions. And here’s the weird part: a significant percentage of them continue to file tax returns claiming the children as dependents. Klobuchar says that, according to a Treasury Department study, those captors use the child’s Social Security number (even if they change the child’s name) in more than one-third of cases.
The “Access to Information about Missing Children Act” (S. 4042, downloads as a pdf), which is still currently in committee in the Senate, would allow police and other law enforcement authorities access to names and addresses on federal tax returns. The Act doesn’t allow the access carte blanche: a court order from a federal district court or magistrate judge must still be obtained. Additionally, law enforcement officials would be barred from sharing that information with outside parties under the law.
Folks that I’ve talked to appear to be torn on this one. On the one hand, finding missing children should be a priority. On the other hand, we value our privacy laws in this country – especially when it comes to finances. What do you think? A good idea or not?
If you abducted your child from the other parental unit – you LOSE all rights to privacy in searching to find that child. Period.
I agree with MommyLisa, if you’ve done this you’re a criminal, I think at this point you’ve given up some of your privacy rights. We’re so focused in this country on the rights of the criminals that we forget the rights of the victims. These children are victims, the custodial parents are victims, let’s worry about their rights.
Besides the guilty parent would be filing a tax return that is wrong, invalid, illegal and the IRS should be wanting to punish these people for that instead of making it easier for them to get away with it.
I agree with both above. i think the controvery will be “what exception is next?”
As someone who claims three exemptions for children on his taxes, I’d have to say — I don’t see the problem with that. Granted, I didn’t follow the link and read the bill, but if all their asking for is either a) who is being claimed as an exemption on Suspect’s tax return, or b) whose tax return is Missing Child being claimed as an exemption on, that doesn’t seem like a grievous abuse of privacy, especially if the leak ends at law enforcement.
I wonder if the people who would have a problem with that are the same people who have all their kids’ names on the back of their minivan.
Emancipation Day will be celebrated in Washington DC.
Love your site!
sorry- I meant it will be celebrated on April 15, 2011 in D.C. this year. a local holiday
I agree. I appears the financial information would still be protected from missuse. I’d imagine in today’s electronic world, the IRS could easily run a search for social security numbers and obtain just the necessary information to rescue these children. My children are much more important than protecting the rights of criminals.
The impulse seems like a great one,but I fear the end result will be more tax fraud and evasion than an increase in found children.