The EFF has filed an amicus brief in the case of Trabajadores v. Bessent, addressing the IRS's sharing of personal tax information with the Department of Homeland Security. This sharing makes taxpayers vulnerable to mistakes, undermining trust in civil institutions. Arguments presented include that the Tax Reform Act's ambiguities should be interpreted against disclosure, citing a historical context of confidentiality. Another point made is that data mismatches are common due to errors, which might affect a large number of taxpayers, elevating the potential for significant risks.
Given the historical context, and decades of subsequent agency promises to protect taxpayer confidentiality and taxpayer reliance on those promises, the Administration's abrupt decision to re-interpret §6103 to allow sharing with ICE whenever a potential 'criminal proceeding' can be posited, is a textbook example of an arbitrary and capricious action even if the statute can be read to be ambiguous.
Those errors result from such mundane issues as outdated information, data entry errors, and taxpayers or tax preparer submission of incorrect names or addresses. If public reports are correct, and officials intend to share information regarding 700,000 or even 7 million taxpayers, the risks involved could be significant.
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