The Supreme Court heard arguments Wednesday in a dispute about when — or if — the IRS must give notice when it accesses banking records while probing assets of a delinquent taxpayer.
The justices have been asked to draw a line on the IRS’ reach while the Biden administration aims to beef up the tax agency’s operations with increased staffing from funds appropriated by Congress.
“Congress wanted the IRS to have some latitude,” said Ephraim McDowell, assistant to the U.S. Solicitor General, arguing Congress drafted its laws pertaining to the IRS to protect privacy, but also to aid the feds in prompt collection. The IRS had summoned the information to find the source of Mr. Polselli’s funds for paying the law firms. The feds sought roughly $2 million from him.
Mr. McDowell said in this case, there was a close nexus between the delinquent taxpayer and the firms as well as the spouse, so the IRS did not have to give notice. Although the lower court ruled in favor of the IRS, Chief Justice John G. Roberts Jr. and Justice Clarence Thomas seemed skeptical of the feds.
“Why can’t you also issue summons to clients of the law firm? To other partners of the law firm? Associates in the law firm who may have had some connection to this client or to this taxpayer?” he asked.
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