Obama spoke of the agencys supposed independence as he responded to questionsenjoying tax-exempt status during the 2012 election cycle.
Obama, May 13: If, in fact, IRS personnel engaged in the kind of practices that had been reported on and were intentionally targeting conservative groups, then thats outrageous and theres no place for it. And they have to be held fully accountable, because the IRS as an independent agency requires absolute integrity, and people have to have confidence that theyre applying it in a non-partisan way applying the laws in a non-partisan way.
Jay Carney, the White House press secretary, had previously called the IRS an independent enforcement agency with only two political appointees, during a press briefing on May 10. But as theand thehave both pointed out, the IRS is not a completely independent agency.
Not even the USA.gov Web page on lists the IRS. And thats the site to which the White Houses own Web page on directs visitors.
Theheads the IRS and is nominated by the president and confirmed by the Senate. And,says that it was organized to carry out the responsibilities of the secretary of the Treasury under section 7801 of the Internal Revenue Code. Plus, theto the secretary of the Treasury via the deputy secretary.
At least one way that federal law attempts to remove partisanship from the IRS is through the use of five-year terms for its commissioner that overlap the four-year presidential election cycles. And as Carney indicated, thein the agency besides the commissioner is the IRS chief counsel, who provides legal guidance and interpretive advice to the IRS, Treasury and to taxpayers.
Thethe president, vice president and members of their executive office staff from requesting directly or indirectly, any officer or employee of the Internal Revenue Service to conduct or terminate an audit or other investigation of any particular taxpayer with respect to the tax liability of such taxpayer.
But federal law alsofrom the position at the will of the president. That cant be done to the heads of some other actual independent agencies without a reason.
For example, the which is listed on the USA.gov Web page can be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. Likewise, , another independent agency, can only be removed for cause. And thesays that the president may only remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.
Obama proved this very point on May 15, whenTreasury Secretary Jack Lew to review the matter and then Lew requested and accepted the resignation of the acting IRS commissioner, Steve Miller. Itthat Miller was aware of the agencys targeting of conservative political groups and chose not to disclose it to members of Congress.
Obama added that the administration would put in place new safeguards to make sure this kind of behavior cannot happen again, and that the Treasury secretary would ensure the IRS begins implementing the [Treasury Inspector General for Tax Administration's] recommendations right away.
DAngelo Gore
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