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Ways and Means Democrats Demand Answers on Taxpayer Privacy After Musk Meddling

Ways and Means Committee Democrats, led by Ranking Member Richard E. Neal (D-MA), demanded answers from Treasury Secretary Scott Bessent on whether Elon Musk and his team of hackers have unlawful and unjust access to confidential taxpayer data protected by Section 6103 of the Internal Revenue Code, and the power to delay or disrupt the 2025 filing season. Treasury’s payment system contains a broad swath of taxpayer data, including taxpayers’ names, addresses, social security numbers, and the amount of tax refunds, all of which is confidential.

The lawmakers wrote: “It is both unclear and unsettling why DOGE would be privy to this sensitive payment system and confidential taxpayer information. It is alarming that DOGE will decide whether and when hard-working American families will receive their tax refunds and may even pick and choose among them.” 

They continued: “Unauthorized disclosure of tax returns or return information is a felony and is punishable by a fine not exceeding $5,000, or imprisonment of not more than 5 years, or both. In fact, the House last year passed the Taxpayer Data Protection Act, which would have increased the fine from $5,000 to a maximum penalty of up to $250,000 and maximum imprisonment from 5 years to 10 years.”

Referencing two Nixon executive orders, the lawmakers concluded, “President Trump’s DOGE’s Executive Order is history repeating itself.” The lawmakers also quoted from their past successful court case on Section 6103:

‘In 1973, President Nixon issued two executive orders authorizing the Department of Agriculture to inspect “for statistical purposes” the tax returns of all farmers. Congress objected, and the President revoked the orders. 

More concerning to Congress, however, was that members of the Nixon White House obtained IRS records, including tax returns, for many of Nixon’s political opponents.  The Senate Watergate Committee also learned that the White House had often requested the tax returns and audit information of certain taxpayers.  And the House Judiciary Committee heard evidence that President Nixon himself had improperly accessed IRS tax records.  These revelations worried the House committee enough that it proposed an article of impeachment alleging that Nixon had violated the constitutional rights of taxpayers.’ 

The full text of the letter is available HERE.

The lawmakers requested answers in writing to the following questions: 

  • How many times did DOGE request confidential taxpayer information protected under Section 6103 or request access to systems that contain information provided by the Internal Revenue Service (including social security numbers, bank accounts, addresses, taxable income, and the amount of tax refunds)?  Please provide the name of the requester, the date of the request, a description of the data sought, the name of the system, and a copy of all correspondence soliciting such information by DOGE. 
  • How many times has DOGE received confidential taxpayer information protected under Section 6103 or access (including continuous) to systems that contain such information?  Please provide the name of the recipient, the date(s) such information or access was provided, the name of the system, and a description of the information provided along with any correspondence sent to DOGE regarding such information. 
  • How many taxpayers (individuals and businesses) have had their confidential taxpayer information received or accessed by DOGE?  Please provide the date(s) received or accessed, a description of the data, the number of taxpayers (in millions) provided, a breakdown of the taxpayers by individual and business, a list of the names and state of residence of such taxpayers, and the name of the individual(s) who authorized providing such information to DOGE.

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