A unanimous 9-0 decision by the Supreme Court will allow the IRS secret access to bank records of third-party individuals connected with taxpayers who are under investigation.

For years hard-working Americans have expressed concern over the power granted to the IRS; now, the highest court in the land has extended those powers. The IRS will have the authority to secretly access bank records if they believe it is beneficial to their investigation of another person’s delinquency. In essence, they will have the right to review private records of third-party individuals who are not themselves under any investigation without notice.

 

The ruling could open a huge opportunity for the IRS to mishandle private accounts with little oversight. In addition, the US government has not proven itself to be insulated from security breaches of private information. The Biden administration attempted to soothe concerns by saying that those who believe they are subject to an abuse of power can utilize the court system to sue the IRS. The suggestion is ridiculously ignorant and reveals how out of touch the Biden administration is with everyday Americans. Hardworking lower and middle calls wage earners do not have the time and resources to fight the tax-payer-funded IRS in Court.

Chief Justice Roberts agreed with the Biden administration that giving notices to a third party could cause them to alert the person under investigation, who would then have a head start in hiding their finances from the IRS. Roberts wrote that when the IRS reaches the stage where they are attempting to collect a debt, they may not be required to provide notice.

“Congress has given the IRS considerable power to go after unpaid taxes. One tool at the Service’s disposal is the authority to summon people with information concerning a delinquent taxpayer. But to safeguard privacy, the IRS is generally required to provide notice to anyone named in a summons, who can then sue to quash it. Today’s case concerns an exception to that general rule.”

“Given the breadth of this power, Congress has imposed certain safeguards. In other words, the IRS may issue summonses both to determine whether a taxpayer owes money and later to collect any outstanding liability. When the IRS conducts an investigation for the purpose of ‘determining the liability’ of a taxpayer … it must provide notice … But once the Service has reached the stage of ‘collecting any such liability,’… —which is a distinct activity—notice may not be required.”

According to the Epoch Times, the High Court did stress that they were simply making a ruling on the question at hand and in a later ruling, may opt to constrain the government’s ability to obtain people’s private financial information.

The ruling does bump up against the Fourth Amendment, which guarantees Americans protection against searches and seizures:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

A non-profit public interest law firm, the Counsel for the Institute for Justice, issued a statement saying, “The Supreme Court’s ruling grants the IRS startlingly broad authority to pry into the financial records of people who may be only remotely connected to a delinquent taxpayer.” He continued,

“That ruling raises serious Fourth Amendment concerns. Thankfully, the Court stressed that its ruling was narrowly focused on the statutory question before it. In a future case, the Court should address the constitutional limits on the government’s power to demand access to people’s most sensitive financial information.”

 

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