Another affidavit prepared for Rudolfo Lizcano's federal lawsuit in an attempt to end his retaliation by Austin IRS.
Notice that the affidavit describes frequent and long-term harassment by not one employee, but the local chain of command.
No mention of TIGTA or US Attorney swooping in and ending the harassment of Rudy or McIntyre's girlfriend. In fact, the US Attorney defended IRS against Lizcano and the late Riad Hamad.
Original Title
Affidavit of W. McInyre former Austin IRS employee
Another affidavit prepared for Rudolfo Lizcano's federal lawsuit in an attempt to end his retaliation by Austin IRS.
Notice that the affidavit describes frequent and long-term harassment by not one employee, but the local chain of command.
No mention of TIGTA or US Attorney swooping in and ending the harassment of Rudy or McIntyre's girlfriend. In fact, the US Attorney defended IRS against Lizcano and the late Riad Hamad.
Another affidavit prepared for Rudolfo Lizcano's federal lawsuit in an attempt to end his retaliation by Austin IRS.
Notice that the affidavit describes frequent and long-term harassment by not one employee, but the local chain of command.
No mention of TIGTA or US Attorney swooping in and ending the harassment of Rudy or McIntyre's girlfriend. In fact, the US Attorney defended IRS against Lizcano and the late Riad Hamad.
AFFIDAVIT STATE OF GEORGIA DEKALB COUNTY
I, William McIntyre, was employed by the Internal
Revenue Service (IRS) as a Contact Representative,
GS-962-08, in the Adjustments/Correspondence department
in the Customer Service Building (CSB) in Austin, TX. I
worked for the IRS for twelve years, until 2001, and had a
employee evaluation rating of straight fives, which is the
highest rating possible.
It is well known among IRS employees that IRS management
engages in harassment and retaliation towards those
employees who they have deemed “troublemakers”, so called
because they are active in the union, have filed EEO
complaints, are whistleblowers or have Clashed in some way
with someone in management.
I know several people who have been targeted by management
in this way, and I have witnessed first-hand one in
particular that I would like to use as an example of what
goes on. This person worked for the IRS for fifteen years
was also straight-five employee, was prominent in the
union, and whose work ethic and knowledge were held in very
high regard.
Problems began for my friend in earnest after a paper
containing an apology from a Branch Chief was posted by the
union president on the union bulletin boards. Management
was extremely angry and blamed my friend.
Over the next several years there was a never-ending series
of incidents, of which I will mention three. My friend was
the senior seasonal workleader on the night shift, a
position which represented a promotion in grade and pay
that lasted usually around seven months. After the bulletin
board incident my friend applied for, but was not picked up
as a seasonal workleader. In fact, management was
soliciting day shift employees with no workleader
experience to come to night shift, rather than give the
position to my friend. After a complaint was lodged with
the union about it, my friend was made a workleader.
However, three weeks later, in an unprecedented move, the
unit was broken up and the manager re-assigned elsewher
In fact, my friend was assigned to a unit with a manager
who several times a week would come back from lunch
intoxicated and was often verbally abusive. After gettingnowhere with management about the problem, my friend filed
an EEO complaint against the manager. This particular
manager had been cited in many previous complaints for this
problem. Nothing was done about the manager but my friend
was moved to another unit. (To my knowledge, this same
manager still reports to work and comes back from lunch
inebriated to this day.)
Shortly thereafter, the new manager informed my friend that
“someone in files” had discovered a case my friend had
worked on four years earlier that appeared to be a missed
Assessment. An investigation was going to be made. If true,
my friend was told, the missed assessment was a very
serlous matter and could result in termination. My friend
was denied union representation at that time, which is a
violation of the contract. My friend was never allowed to
look at the whole case - only a partial transcript, and was
one of several people who had worked on it. None of the
other people who worked the case were under investigation.
over a period of time and at a cost of thousands of
taxpayer dollars, members of both the union and management,
including Section Chiefs, Branch Chiefs and Division
‘hiefs, were involved in the investigation. Eventually,
‘anagement dropped the case after refusing to provide
requested information that might reveal how this case came
sout. It was evident there was no missed assessment. It
ter was revealed that the amount of the so called “missed
ssment” in question was seven dollars! That’s right-
even dollars! When processing returns, there is a hundred
sollar tax tolerance. Seven dollars was well below any
processing tolerance.
Seeing there was no future in Austin and hoping for some
peace, my friend transferred to another IRS office in
another part of the country. However, several months later,
my friend was informed of yet another investigation. My
friend was to be re-fingerprinted, records were to be
checked, neighbors were to be interviewed. And my friend
going to be audited (particularly strange since my
friend had never even filed so much as a Schedule A).
ing the harassment and retaliation would never end, my
triend finally quit the IRS. To this day, the IRS still
owes my friend performance award money, despite many calls
being made and getting the runaround from several differentIRS offices. Also, it should be mentioned, once my friend
quit no audit was done.
‘The reason I am not identifying my friend is because my
friend is in a bad way financially and has had to take a
seasonal probationary job with the IRS, and is afraid to
step forward for fear of being targeted once again or even
fired.
Knowing what I do about the IRS, and seeing the chronology
of events, there is no question in my mind that Rudy
Lizcano has been retaliated against for his EEO complaints
and whistleblower activities. As part of our duties we
regularly sent questionable returns to CATA, who reviewed
them for possible audit potential. Many cases were sent
back “accepted as filed” because the money involved was too
low or there simply was not the manpower to handle more
cases. So the numbers involved alone should have precluded
Mr.Lizcano being audited.
People may have a hard time believing that IRS management
would spend such time and money trying to get someone, even
following them across country, but it is true. It is sad
that when someone tries to do the right thing, like Mr.
Lizcano, instead of being praised they are considered a
threat by IRS management that must be crushed. It is not an
isolated event.
I have read the above statement, consisting of 3
pages, and it is true and complete to the best of my
knowledge and belief. I understand the information I
have given is not confidential and may be shown to the
interested parties.
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