π€ ChatGPT went to Tax Court. The IRS won.
In July I told you the robots weren't coming for your job. I stand by that. But I never said they'd be any good at your job either, and earlier this month a taxpayer named Justin Moore found that out in front of a federal judge. βοΈ
Here's the setup:
Mr. Moore owed the IRS $730,027 (not a typo).
And the IRS gave him a present. A Federal Tax Lien. π
For those who don't know what a Federal Tax Lien is, it basically lets everyone know that you owe the government money. It's filed at the county courthouse, and hits your credit.
Smartly, Mr. Moore asked for a Collection Due Process (CDP) hearing and requested the IRS take back the lien. The IRS said, "Meh, we ain't going to."
So he took it to Tax Court (I've got to admit, I like the balls on Justin π₯, not so much what happened next.)
Even though his brief cited real cases. They were for things that were never said. Not 'misread.' Not 'outdated.' Made up."
Fake pages, fake holdings, the whole enchilada, dressed up in perfect legal formatting the way only a chatbot can.
That's right, ChatGPT to the rescue (except, with a sprinkle of, "you're right, those Tax Court cases don't exist, let me get you the real ones. Only after your tax court hearing!")
In other words, Justin went on a ride on the "Hallucination Station! π" (if you use AI often, you've been there).
π What happened next.
His excellency, Judge Toro wasn't amused. I wouldn't say he got angry, mostly concerned π€¨. And as his moniker suggests, found a bullseye π―.
Not only does the lien stay, his Tax Court Opinion doubles as a public service announcement, "...each party remains responsible for ensuring the accuracy of information submitted to the Court." In other words, check your work.
This is Tax Court, not 7th grade social studies.
This isn't even the Tax Court's first rodeo this year. In February, Judge Holmes caught an attorney citing three phantom cases in Clinco, and wrote that the argument collapsed "like an overmixed soufflΓ©" (the client owned a restaurant, the judge has range).
π The takeaway
β³ βοΈ Tax Court hears the case, but it also reads the citations. Every one of them. And the IRS attorney across the aisle is happy to help.
β³ π€ AI can summarize a notice, tidy an email, or explain what a CP2000 is. It cannot be your representative, and it will cheerfully invent a precedent to make you feel better.
β³ ποΈ A lien comes off when withdrawing the Lien helps the IRS collect, not when it helps you borrow. Justin wanted the the loan from the IRS to reinvest in half-empty buildings. The IRS wanted the money.
β³ π If you've got a lien, levy, or CDP notice sitting on your counter, call a human before you call a chatbot. Preferably one who has actually beaten the IRS. (Hi.)
Don't get me wrong. I'm a fan of Tax Court. It's the one place a taxpayer can make the IRS prove its case without paying the tax first. If you've got a real argument and you know how the game is played, go.
β
Just make sure to bring a human (just in case.) πββοΈ