Stephen Cummings, Virginia Secretary of Finance

by Dick Hall-Sizemore

In a break from the practices of previous governors, Gov. Glenn Youngkin appointed an outsider totally unfamiliar with state government in general and Virginia in particular to be his Secretary of Finance. Before his appointment, Steve Cummings had held several high-level positions in investment banking. After two and a half years on the job, Cummings still has a lot to learn.

The governor recently met with the General Assembly money committees in the annual meeting to report on the year-end financial status of the Commonwealth. As is customary, Cummings spoke to the committees after the governor and provided additional details on the year-end financial report. 

As reported by the Washington Post, one of his slides had a footnote noting “a backlog of corporate refunds [that] had accumulated from prior years.” Lt. Gov. Winsome Earle-Sears, who was in the audience asked about it. (Earle-Sears is not a member of any of the committees and, ordinarily, the committees do not take questions from the audience at this meeting.  However, the chair of the committee, due to her position, extended her the courtesy of asking for an explanation.)

Cummings explained that staff were moved in the fall of 2022 and 2023 to focus on processing tax rebate checks to individuals and that the corporate tax refunds were put on the back burner as a result. “In the time when rebates were being processed, which was crunch time, resources were moved to really focus on that, and a team actually was taking focus off of corporate refunds. And it happened more than once in more than one cycle …” Cummings said. “It was, frankly, just pushed aside.”

Earle-Sears was not happy about that answer. “If I’m a corporation and I’m waiting for my taxes to be refunded to me, it’s going to impact my bottom line,” she said. “If I wanted to buy another truck, that’s a problem, because I had the money, but I didn’t have the money because the government still held on to my refund.”

The administration refused to reveal the total amount involved, but it was obviously hundreds of millions of dollars.

Apparently, the implication that the governor was shorting businesses in order to get individual tax rebates distributed before Election Day did not sit well with the governor’s office. Thursday, Cummings took it all back. The process of individual tax refunds had nothing to do with the delay in refunding tax payments to businesses, he said. There is a perfectly good other explanation.

The Richmond Times-Dispatch reported that Cummings sent a letter to House Speaker Don Scott setting two explanations for the delay in corporate refunds. First, more corporate tax returns have required intensive review in recent years and, two, “nine of the top tax department experts who handle complicated corporate filings left state government.” He assured the Speaker that, after checking further into the matter, none of the staff working on corporate tax returns was shifted to help out with the individual tax returns.

Cummings broke a cardinal rule of making presentations to the General Assembly: You do not put anything on a Power-point slide or handout that you do not understand. He also demonstrated extreme tone-deafness regarding politics by implying that the administration was employing an all-hands-on-deck approach to getting tax rebates out to individuals before Election Day.

His most recent explanation raises even more questions. Nine senior tax specialists leaving in a short time span? That seems like a lot of turnover. Where did they go? Why did they go? Did their departures coincide with the sudden retirement of long-time popular Tax Commissioner Craig Burns and Youngkin passing over senior deputies with long experience and replacing him with a tax lawyer from outside Virginia with no experience in managing a state agency? Cummings informed the Speaker that the Tax Department has “recently” trained new employees who have been assigned to handle corporate tax returns. Supposedly, some of these vacancies date back to 2020. Why are replacements for those vacancies only now being implemented?

Sometimes it is good to bring in outsiders with fresh perspectives, but only when those outsiders are competent in the field into which they are being brought.


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Comments

23 responses to “Still Clueless”

  1. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I plan to.

    1. walter smith Avatar
      walter smith

      I have a great memory. I’ll be watching!

  2. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    According to Cummings, corporate returns get a secondary, more intensive review when "initial checks spot substantial errors on a return, or when a company has not filed a tax return before or is seeking a large refund."

    1. Nancy Naive Avatar
      Nancy Naive

      Those are all excellent reasons to slow a return. Large overpayment is on the business and assuming the possibility of fraudulent returns, especially first time business returns in these days of stolen identities is just smart. And errors? Speaks for itself.

      In deference to Ms. Searsโ€™ concerns, Iโ€™d rather the taxpayers not fall victim to theft by false returns, nor finance businesses that make errors favorable to their cash flow.

      A nothing burger.

  3. Nancy Naive Avatar
    Nancy Naive

    CW unearthed stately gardensโ€ฆ
    https://www.voanews.com/a/archaeologists-in-virginia-find-colonial-era-garden-clues-about-slaves-who-tended-it-/7755174.html

    Invasive species much? Well, yeah, the whole thing was invasive species really.

  4. how_it_works Avatar
    how_it_works

    The IRS held up my deceased father's 2020 tax return because they wanted a copy of the 1099 showing the $250 withholding.

    Funny thing is, I got that info from a transcript supplied by the IRS. I sent a copy of that same transcript to the IRS and after hearing nothing I opened a case with the congressman's office and after much back and forth I was told that the IRS needs a copy of the 1099 to process the return…the transcript is not good enough.

    Do you know why people hate the IRS?

    THIS is why people hate the IRS.

    As of this writing, they still have not processed the return even though a copy of the 1099 was sent to them in March.

    I was to be supplied another excuse as to why it's not been processed yet few days ago, but I've heard nothing.

    The refund due on the return is in the 5 figure range. For some reason dad made estimated payments he did not need to make.

    1. Nancy Naive Avatar
      Nancy Naive

      1) File a 1040X without the withholding, take the $250 hit.
      2) After they process that return, file another 1040X and include the $250 and the 1099 copy.

      It may not happen faster, but it eliminates the audit folks.

      1. LarrytheG Avatar
        LarrytheG

        NN is pretty clever and what is suggested may well work and certainly would put how-it-works in a less defensive position and probably get a human and contact info directly involved on the other end.

        1. how_it_works Avatar
          how_it_works

          I'm already dealing with them via the "IRS taxpayer advocate" via the "congressional staffer".

      2. how_it_works Avatar
        how_it_works

        They’ve never processed the 2020 return. Probably, sending them a 1040X for 2020 is going to make their 1960s-era mainframe blow another vacuum tube.

        I did ask the congressional staffer how long it would take to process a new return without the withholding. Answer was 16 weeks. That was probably 4 months ago.

        1. Nancy Naive Avatar
          Nancy Naive

          But itโ€™s proactive. It puts the action-response in your hands.

          2020 was an IRS nightmare. They deserve some slack. They didnโ€™t process my 2019 return for over a year, May 2021, AND they paid me $4.85 in interest on my underpayment. It was their money, and they paid me interest on it.

          1. how_it_works Avatar
            how_it_works

            The 2020 return was sent in March of 2023. I get that 2020 was a bad year for the IRS, but by 2023, they should have gotten their act together.

            Also at one point through this, I got a letter from the IRS saying that my dad (who actually died in 2021) died in 2019 and therefore they couldn’t process the return, and if I thought that was wrong, to contact the Social Security Administration.

            You know, I think our FedGov is slowly collapsing under it’s own weight.

          2. LarrytheG Avatar
            LarrytheG

            We do about 600 returns a year at our site. 99+% of them complete fine without problems. Of the ones that have problems, deceased taxpayer returns filed by survivors are among those that don't go as smoothly and sometimes the reject codes and letters from IRS are not as clear as they might be with respect to what is wrong. Did you submit a copy of the death cert with the return?

          3. how_it_works Avatar
            how_it_works

            I submitted a copy of the death cert when they asked for it for the 2019 refiled return, which was prior to them claiming that he passed in 2019.

            I sent them another copy of the death certificate in response to their claim that he passed in 2019.

            Why did they even make this error to start with?

          4. LarrytheG Avatar
            LarrytheG

            They do simple returns pretty well. Some kinds of returns they don’t do as well. Returns of deceased seem to have problems sometimes for some reason.

          5. how_it_works Avatar
            how_it_works

            From my experience with the IRS, I think it’s far preferable to owe them money. Those returns seem to get processed much quicker.

            Am I suggesting that the IRS intentionally processes returns due a refund slower? No, of course not. Never attribute to malice that which can be adequately explained by incompetence.

          6. Nancy Naive Avatar
            Nancy Naive

            Electrons donโ€™t weigh all that much each, but the governmentโ€™s particular collection is crushing. Sounds like SSA is the source of all evils for you. Start there, but be sure that your children are well briefed and that your youngest is prepared to take over from you on these efforts. It make take awhile.

            You know they have declared living persons to be dead. I imagine thatโ€™s a nightmare.

          7. how_it_works Avatar
            how_it_works

            The SSA is not the source of the problem, they know full well when my dad passed away and in fact wasted no time sending a letter saying that they were taking back his last SS payment because it was issued after he passed away, but before they knew about it.

  5. LarrytheG Avatar
    LarrytheG

    A lot of what they do with returns is pretty automated on the front end. For instance, we can get a
    “reject” in a few minutes after submitting them initially. Longer term there is still automation in play
    with some of the letters… and then you gotta remember, that humans who may not be the sharpest
    knives in the drawer may be involved before it getting bumped to higher paid folks. And yes, if you neglect to claim something like a credit or an IRA contribution or other deduction like a carry_forward loss, there is far less due diligence on their part and yes, some commercial software won’t remind you either. So the NN’s of the
    world do far better at looking out for themselves tax-wise!

  6. Super Brain Avatar
    Super Brain

    The reason the IRS does better with payment due returns is simple.
    Payments go to a lock box if you send a check. The return still waits for processing by the Service.
    The IRS, SSA, and the VA DOT all fall short. The primary reason is lack of ability to produce effective legislation to modernize. Most legislators spend their time fund raising and not in session.
    I have some horror stories about Commissioners of the Revenue across the Commonwealth. The current one in Chesterfield is a real piece of work.

    1. I'm sure you already know that Commissioner of the Revenue in every city and county in Virginia is an elected position with no requirement for office other than being alive. I'm not even sure they have to be of voting age.

      1. Lefty665 Avatar

        Constitutional officers are funny aren't they? Each sort of it's own little kingdom, largely independent of the local governments they operate among. A legacy from the early days of the Commonwealth.

  7. virginia12 Avatar
    virginia12

    Two different questions:
    1. Did the Governor's office pressure Tax to get the refunds out before the election for political purposes?
    AND
    2. Did Tax redirect efforts from working corporate taxes to make sure the individual rebates went out quickly?

    The answer to the second question is probably difficult to find out but not the first. I would think a FOIA request of meeting schedules, emails, revised plans and forecasts Tax came up could clear it up.

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