Congress, agencies must safeguard taxpayer confidentiality, says nonprofit

The Obama administration circumvented congressionally created safeguards of confidential taxpayer information during the president’s first term, according to an investigative report recently released by the Cause of Action Institute. 

The report, "Presidential Access to Taxpayer Information," claims that President Barack Obama, seeking IRS returns information on opponents of his policies, used individual consent forms and attorneys from the Department of Justice Tax Division to claim information restricted from disclosure. 

The individual consent forms were used, per the report, to avoid the reporting requirements and limitations placed on presidential access by the Tax Reform Act of 1976. And the DOJ attorneys employed by the White House Office of General Counsel are said to have been selected for their knowledge gained while counsel to the IRS concerning litigation with nonprofit groups in opposition to Obama. 

To counter these mechanisms and reinforce checks and balances, the Cause of Action Institute recommends in its report that the DOJ designated agency ethics official, the Professional Responsibility Advisory Office and the Office of Professional Responsibility implement training and targeted guidelines on conflicts of interest for attorney detailees. Also, Congress should foreclose presidential access to taxpayer information under individual consents while establishing reporting protocols of information handling. 

The report can be viewed in its entirety on COA’s website.