The bailout bill also gives the Internal Revenue
Service new authority to conduct undercover operations. It would
immunize the IRS from a passel of federal laws, including permitting
IRS agents to run businesses for an extended sting operation, to open
their own personal bank accounts with U.S. tax dollars, and so on.
(Think IRS agents posing as accountants or tax preparers and saying,
“I’m not sure if that deduction is entirely legal, but it’ll save you
$1,000. Want to take it?”) That section had expired as of January 1,
2008, and would now be renewed.
Starting with the so-called Anti-Drug Abuse Act in 1988, the IRS has
possessed this authority temporarily, with occasional multiple-year
lapses. A 1999 internal report said the IRS had 126 “trained undercover
agents” working in field offices at the time. This is the first time
that such undercover authority would be made permanent.
Sens. Max Baucus (D) and Chuck Grassley (R) have been pushing to make it permanent for a while, claiming
(PDF) in April that: “Undercover operations are an integral part of IRS
efforts to detect and prove noncompliance. The temporary status of this
provision creates uncertainty, as the IRS plans its undercover efforts
from year to year.”
There’s another section of the bailout bill worth noting. It lets
the IRS give information from individual tax returns to any federal law
enforcement agency investigating suspected “terrorist” activity, which
can, in turn, share it with local and state police. Intelligence
agencies such as the CIA and the National Security Agency can also
receive that information.
The information that can be shared includes “a taxpayer’s identity,
the nature, source, or amount of his income, payments, receipts,
deductions, exemptions, credits, assets, liabilities, net worth, tax
liability, tax withheld, deficiencies, overassessments, or tax
payments, whether the taxpayer’s return was, is being, or will be
examined or subject to other investigation or processing, or any other
data received by, recorded by, prepared by, furnished to, or collected
by the Secretary with respect to a return.”
That provision had already existed in federal law and automatically expired on January 1, 2008.
What’s a little odd is that there’s been little to no discussion of
the IRS sections of the bailout bill, even though they raise privacy
concerns. Treasury Secretary Henry Paulson said this week: “I will
continue to work with congressional leaders to find a way forward to
pass a comprehensive plan to stabilize our financial system and protect
the American people by limiting the prospects of further deterioration
in our economy.” He never mentioned the necessity of additional IRS
undercover operations.