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Cato Podcast

IRS Claws at Debts of the Dead

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 15 April 2014

⏱️ 10 minutes

🧾️ Download transcript

Summary

Social Security regrets its sins-of-the-fathers grab at grown kids' tax refunds. The plan would have allowed the government to claw back sometimes decades-old overpayments at the expense of the recipients' children. What comes next?

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Transcript

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0:00.0

This is the Cato Daily Podcast for Tuesday, April 15, 2014.

0:05.0

I'm Caleb Brown.

0:07.0

The IRS is now easing up on its plan to go after decades-old benefit overpayments from people who may be dead by seizing the tax refunds

0:16.2

of their adult children.

0:18.2

It goes against everything we know about how statutes of limitations are supposed to work.

0:23.0

The strange power was granted in a recent farm bill.

0:26.4

Walter Olson is a senior fellow at the Cato Institute,

0:28.9

we spoke just before the IRS pared down its plans.

0:32.6

The IRS, much to the surprise of many, many taxpayers, is attaching people's refunds.

0:40.0

It is sending them a smaller check or no check at all on the grounds that the government

0:44.8

is owed that money, not necessarily by the taxpayer himself or herself, but because it's a so-called

0:51.6

overpayment, which may have been an overpayment to their parents.

0:55.0

Their parents who may be dead.

0:57.0

Yes, their parents who often are dead.

0:59.0

Now, the government is taking the position and it can point to a recently enacted provision in federal

1:06.8

legislation that there is no longer any statute of limitations whatsoever on their ability to claw back so-called overpayments and

1:15.4

overpayments are money that was paid out under certain programs the one that's

1:20.4

most relevant for the controversy is Social Security survivorship

1:25.6

things like that in which checks were sent out and perhaps they found

1:29.6

afterward that the person had stopped being eligible or for whatever reason the check

1:35.0

should have been smaller or shouldn't have been sent and their position is that

1:38.7

they can not only proceed against the person they sent the check to but also to any children even if completely

...

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