Scope of IRS powers tops Supreme Court's busy docket of arguments and opinions

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The Supreme Court will issue at least one opinion this week while it weighs a packed docket of cases, including a request by the IRS to allow its agents to secretly obtain financial records without the need to notify account holders.

Wednesday will mark the day when the nine justices consider Polselli v. IRS, which is expected to have sweeping implications for Fourth Amendment right protections against unreasonable searches and seizures as it pertains to the federal tax collecting agency. This case comes just months after the Inflation Reduction Act passed by Congress last year injected $45 billion to ramp up the agency's tax enforcement efforts.

The case itself originated from an IRS agent that suspected a delinquent taxpayer, Remo Polselli, allegedly concealed his assets tied to bank accounts held in his spouse's name. The agent subsequently issued summonses to Hanna K. Polselli’s bank and the banks for two law firms Remo had used for services in the past.

Outside groups, including the American Civil Liberties Union, Cato Institute, and the Institute for Justice, issued briefs to the high court warning about delivering an outcome favorable to the IRS. It's unclear which side of the argument the nine justices will land on this dispute. Still, the Supreme Court has already rendered one ruling that effectively limited the agency's authority this year.

 

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