6/01/2023

Supreme Court: Yes, the IRS Can Secretly Obtain Your Bank Records

 

June 1, 2023

The Supreme Court has sided with the IRS in a case that involves owing the IRS money, bank records, taxpayer privacy, and notice.

The IRS has scored a win at the U.S. Supreme Court. last Thursday, the court released its ruling in Polselli v. IRS, involving whether the agency can access bank records of a taxpayer’s relatives or associates — without notice — to help with tax collection efforts. The Supreme Court’s answer is yes. Under an existing statute, the IRS can secretly probe your bank records and potentially your relatives’ bank records without notice.

“The question presented is whether the exception to the notice requirement applies only where a delinquent taxpayer has a legal interest in accounts or records summoned by the IRS under Section 7602(a). A straightforward reading of the statutory text supplies a ready answer: The notice exception does not contain such a limitation,” Chief Justice Roberts wrote in the unanimous opinion.

What does this mean for taxpayers in non-legal terms?

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