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Friday, January 12, 2018
IRS Dodges Oversight, Refuses To Measure Economic Impact Of Its Rules
Cause of Action Institute (“CoA Institute”) today released a groundbreaking investigative report, Evading Oversight: The Origins and Implications of the IRS Claim that its Rules Do Not Have an Economic Impact, that reveals how the IRS has developed a series of self-bestowed exemptions allowing the agency to evade several legally required oversight mechanisms. The report outlines in detail how the IRS created this exemption to exempt itself from three critical reviews intended to provide our elected branches and the public an opportunity to assess the economic impact of rules before they are finalized.
CoA Institute Counsel and Senior Policy Advisor James Valvo: “The IRS for too long has evaded its responsibilities to conduct and publish analysis of its rules. Rules issued by the IRS can change the economic landscape for Americans in many ways, including how the agency calculates deductions, exemptions, reporting, and recordkeeping. By creating bureaucratic loopholes, the IRS deliberately sidesteps several oversight mechanisms designed to provide a check on overly burdensome rules. The IRS should be held to the same standard as other regulatory agencies and stop avoiding its responsibilities.”
For years, the IRS has evaded several laws directing agencies to create economic impact statements for rules. These analyses are part of three oversight mechanisms: The Regulatory Flexibility Act, the Congressional Review Act, and review by the White House Office of Information and Regulatory Affairs. All three are good-government measures designed to provide a check on abuse by the administrative state.
CoA Institute’s investigative report reveals the origins and implications of the unprecedented IRS position that its rules have no economic impact and do not require such analysis because, it claims, any impact emerges from the underlying law that authorized the rule, and not the agency’s decision to issue or alter it.