Small Business Taxpayer Bill of Rights Act of 2013

Summary: Small Business Taxpayer Bill of Rights Act of 2013 - Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50,000 that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees.  Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments.   Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief.  Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. 

PROCEDURES.

    (a) In General.--Section 7123 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(c) Availability of Dispute Resolutions.--
            ``(1) In general.--The procedures prescribed under 
        subsection (b)(1) and the pilot program established under 
        subsection (b)(2) shall provide that a taxpayer may request 
        mediation or arbitration in any case unless the Secretary has 
        specifically excluded the type of issue involved in such case 
        or the class of cases to which such case belongs as not 
        appropriate for resolution under such subsection. The Secretary 
        shall make any determination that excludes a type of issue or a 
        class of cases public within 5 working days and provide an 
        explanation for each determination.
            ``(2) Independent mediators.--
                    ``(A) In general.--The procedures prescribed under 
                subsection (b)(1) shall provide the taxpayer an 
                opportunity to elect to have the mediation conducted by 
                an independent, neutral individual not employed by the 
                Office of Appeals.
                    ``(B) Cost and selection.--
                            ``(i) In general.--Any taxpayer making an 
                        election under subparagraph (A) shall be 
                        required--
                                    ``(I) to share the costs of such 
                                independent mediator equally with the 
                                Office of Appeals, and
                                    ``(II) to limit the selection of 
                                the mediator to a roster of recognized 
                                national or local neutral mediators.
                            ``(ii) Exception.--Clause (i)(I) shall not 
                        apply to any taxpayer who is an individual or 
                        who was a small business in the preceding 
                        calendar year if such taxpayer had an adjusted 
                        gross income that did not exceed 250 percent of 
                        the poverty level, as determined in accordance 
                        with criteria established by the Director of 
                        the Office of Management and Budget, in the 
                        taxable year preceding the request.
                            ``(iii) Small business.--For purposes of 
                        clause (ii), the term `small business' has the 
                        meaning given such term under section 
                        41(b)(3)(D)(iii).
            ``(3) Availability of process.--The procedures prescribed 
        under subsection (b)(1) and the pilot program established under 
        subsection (b)(2) shall provide the opportunity to elect 
        mediation or arbitration at the time when the case is first 
        filed with the Office of Appeals and at any time before 
        deliberations in the appeal commence.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY.

    (a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is 
amended by striking ``9 months'' and inserting ``3 years''.
    (b) Period of Limitation on Suits.--Subsection (c) of section 6532 
of the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (1) by striking ``9 months'' and inserting 
        ``3 years'', and
            (2) in paragraph (2) by striking ``9-month'' and inserting 
        ``3-year''.
    (c) Effective Date.--The amendments made by this section shall 
apply to--
            (1) levies made after the date of the enactment of this 
        Act, and
            (2) levies made on or before such date if the 9-month 
        period has not expired under section 6343(b) of the Internal 
        Revenue Code of 1986 (without regard to this section) as of 
        such date.

SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE.

    (a) In General.--Section 6159 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (f) as subsection (g) and by 
inserting after subsection (e) the following new subsection:
    ``(f) Waiver of Installment Agreement Fee.--The Secretary shall 
waive the fees imposed on installment agreements under this section for 
any taxpayer with an adjusted gross income that does not exceed 250 
percent of the poverty level, as determined in accordance with criteria 
established by the Director of the Office of Management and Budget, and 
who has agreed to make payments under the installment agreement by 
electronic payment through a debit instrument.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL 
              RELIEF AND COLLECTION CASES.

    (a) Petitions for Spousal Relief.--
            (1) In general.--Subsection (e) of section 6015 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new paragraph:
            ``(6) Suspension of running of period for filing petition 
        in title 11 cases.--In the case of a person who is prohibited 
        by reason of a case under title 11, United States Code, from 
        filing a petition under paragraph (1)(A) with respect to a 
        final determination of relief under this section, the running 
        of the period prescribed by such paragraph for filing such a 
        petition with respect to such final determination shall be 
        suspended for the period during which the person is so 
        prohibited from filing such a petition, and for 60 days 
        thereafter.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to petitions filed under section 6015(e) of the 
        Internal Revenue Code of 1986 after the date of the enactment 
        of this Act.
    (b) Collection Proceedings.--
            (1) In general.--Subsection (d) of section 6330 of the 
        Internal Revenue Code of 1986 is amended--
                    (A) by striking ``appeal such determination to the 
                Tax Court'' in paragraph (1) and inserting ``petition 
                the Tax Court for review of such determination'',
                    (B) by striking ``Judicial review of 
                determination'' in the heading of paragraph (1) and 
                inserting ``Petition for review by tax court'',
                    (C) by redesignating paragraph (2) as paragraph 
                (3), and
                    (D) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Suspension of running of period for filing petition 
        in title 11 cases.--In the case of a person who is prohibited 
        by reason of a case under title 11, United States Code, from 
        filing a petition under paragraph (1) with respect to a 
        determination under this section, the running of the period 
        prescribed by such subsection for filing such a petition with 
        respect to such determination shall be suspended for the period 
        during which the person is so prohibited from filing such a 
        petition, and for 30 days thereafter.''.
            (2) Conforming amendment.--Subsection (c) of section 6320 
        of such Code is amended by striking ``(2)(B)'' and inserting 
        ``(3)(B)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to petitions filed under section 6330 of the 
        Internal Revenue Code of 1986 after the date of the enactment 
        of this Act.

SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.

    (a) In General.--Paragraph (1) of section 7482(b) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``or'' at the end of subparagraph (E),
            (2) by striking the period at the end of subparagraph (F) 
        and inserting a comma, and
            (3) by inserting after subparagraph (F) the following new 
        subparagraphs:
                    ``(G) in the case of a petition under section 
                6015(e), the legal residence of the petitioner, or
                    ``(H) in the case of a petition under section 6320 
                or 6330--
                            ``(i) the legal residence of the petitioner 
                        if the petitioner is an individual, and
                            ``(ii) the principal place of business or 
                        principal office or agency if the petitioner is 
                        an entity other than an individual.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to petitions filed after the date of enactment of this Act.

SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED 
              DISCLOSURES OF INFORMATION.

    (a) In General.--Paragraphs (1), (2), (3), and (4) of section 
7213(a) of the Internal Revenue Code of 1986 are each amended by 
striking ``$5,000'' and inserting ``$10,000''.
    (b) Effective Date.--The amendments made by this section shall 
apply to disclosures made after the date of the enactment of this Act.

SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT 
              SPOUSE RELIEF.

    (a) In General.--Subparagraph (A) of section 6015(e)(1) of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new flush sentence:
                ``Any review of a determination by the Secretary with 
                respect to a claim for equitable relief under 
                subsection (f) shall be reviewed de novo by the Tax 
                Court.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to petitions filed or pending before the Tax Court on and after the 
date of the enactment of this Act.

SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL.

    (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new section:

``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES 
              IN AN INTERNAL APPEAL.

    ``(a) In General.--In reviewing an appeal of any determination 
initially made by the Internal Revenue Service, the Internal Revenue 
Service Office of Appeals may not consider or decide any issue that is 
not within the scope of the initial determination.
    ``(b) Certain Issues Deemed Outside of Scope of Determination.--For 
purposes of subsection (a), the following matters shall be considered 
to be not within the scope of a determination:
            ``(1) Any issue that was not raised in a notice of 
        deficiency or an examiner's report which is the subject of the 
        appeal.
            ``(2) Any deficiency in tax which was not included in the 
        initial determination.
            ``(3) Any theory or justification for a tax deficiency 
        which was not considered in the initial determination.
    ``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in 
addition to any limitations in effect on the date of the enactment of 
this section on the right of a taxpayer to raise an issue, theory, or 
justification on an appeal from a determination initially made by the 
Internal Revenue Service that was not within the scope of the initial 
determination.''.
    (b) Clerical Amendment.--The table of sections for chapter 77 of 
such Code is amended by adding at the end the following new item:

``Sec. 7529. Prohibition on Internal Revenue Service raising new issues 
                            in an internal appeal.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to matters filed or pending with the Internal Revenue Service 
Office of Appeals on or after the date of the enactment of this Act.