Commissioner of Internal Revenue

Last updated
Commissioner of Internal Revenue
Logo of the Internal Revenue Service.svg
Logo of the IRS
Danny Werfel, IRS Commissioner 2.jpg
Incumbent
Daniel Werfel
since March 13, 2023
United States Internal Revenue Service
Style Commissioner
Reports to Secretary of the Treasury
Seat Internal Revenue Service Building
1111 Constitution Ave., NW
Washington, D.C.
Appointer President of the United States
with Senate advice and consent
Term length 5 years
Constituting instrument 26 U.S.C.   § 7803
Formation1862
First holder George S. Boutwell
Website www.irs.gov

The Commissioner of Internal Revenue is the head of the Internal Revenue Service (IRS), [1] an agency within the United States Department of the Treasury. [2]

Contents

The office of Commissioner was created by Congress as part of the Revenue Act of 1862. [3] Section 7803 of the Internal Revenue Code [4] provides for the appointment of a Commissioner of Internal Revenue to administer and supervise the execution and application of the internal revenue laws. The Commissioner is appointed by the President of the United States, with the consent of the U.S. Senate, for a five-year term. [5]

Daniel Werfel is the current Commissioner of Internal Revenue, having been sworn in on March 13, 2023. Werfel is the 50th Commissioner to serve in the position since it was created. [6]

Responsibilities

The Commissioner's duties include administering, managing, conducting, directing, and supervising "the execution and application of the internal revenue laws or related statutes and tax conventions to which the United States is a party" and advising the President on the appointment and removal of a Chief Counsel of the IRS. Treasury Order 150-10 states in relevant part: "The Commissioner of Internal Revenue shall be responsible for the administration and enforcement of the Internal Revenue laws." [7] The Commissioner reports to the Secretary of the Treasury through the Deputy Secretary of the Treasury. [8]

One of the Commissioner's most important responsibilities with respect to the internal revenue laws is setting the Treasury Regulations administered by the IRS. The U.S. Treasury Regulations provide (in part):

(a) Issuance. --The Commissioner, with the approval of the United States Secretary of the Treasury, or his delegate, shall prescribe all needful rules and all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue. [9]

However, the General Counsel of the Department of the Treasury has "the authority to approve all regulations pertaining to the internal revenue laws, including the authority to ratify and approve, where necessary, any such regulations previously issued." [10]

Current and past commissioners

The following lists Commissioners of Internal Revenue, in chronological order: [11]

ImageNameTerm startTerm end
George S. Boutwell, the first Commissioner of Internal Revenue Service.jpg George S. Boutwell July 17, 1862March 4, 1863
Joseph J Lewis BIR 1862.jpg Joseph J. Lewis (Acting)March 5, 1863March 17, 1863
Joseph J. Lewis March 18, 1863June 30, 1865
William Orton (Western Union President) (3x4a).jpg William Orton July 1, 1865October 31, 1865
Edward A. Rollins BIR.png Edward A. Rollins November 1, 1865March 10, 1869
Columbus Delano, Hon. of Ohio. Delegate to Republican National Convention at Chicago in 1860 (1).jpg Columbus Delano March 11, 1869October 31, 1870
J. W. Douglass.png John Watkinson Douglass (Acting)November 1, 1870January 2, 1871
General Alfred Pleasonton. Union Army. (9238303681) (cropped).jpg Alfred Pleasonton January 3, 1871August 8, 1871
J. W. Douglass.png John Watkinson Douglass August 9, 1871May 14, 1875
Daniel D. Pratt, Brady-Handy photo portrait, sitting (3x4a).jpg Daniel D. Pratt May 15, 1875August 1, 1876
GBRaum (3x4a).jpg Green B. Raum August 2, 1876April 30, 1883
Henry C. Rogers (Acting)May 1, 1883May 10, 1883
John Jay Knox - Brady-Handy.jpg John Jay Knox (Acting)May 11, 1883May 20, 1883
Walter-Evans.jpg Walter Evans May 21, 1883March 19, 1885
Joseph S. Miller.png Joseph S. Miller March 20, 1885March 20, 1889
John W. Mason March 21, 1889April 18, 1893
Joseph S. Miller.png Joseph S. Miller April 19, 1893November 26, 1896
William St. John Forman (Illinois Congressman).jpg William St. John Forman November 27, 1896December 31, 1897
NathanBScott.jpg Nathan B. Scott January 1, 1898February 28, 1899
George W. Wilson March 1, 1899November 27, 1900
Robert Williams Jr. (Acting)November 28, 1900December 19, 1900
John W. Yerkes December 20, 1900April 30, 1907
Henry C. Rogers (Acting)May 1, 1907June 4, 1907
John G. Capers June 5, 1907August 31, 1909
Royal E. Cabell September 1, 1909April 27, 1913
William H. Osborn April 28, 1913September 25, 1917
ROPER, DANIEL C. HONORABLE LCCN2016862513 (cropped).png Daniel Calhoun Roper September 26, 1917March 31, 1920
William M. Williams April 1, 1920April 11, 1921
Millard F. West, 2-20-22 LOC npcc.05808.jpg Millard F. West (Acting)April 12, 1921May 26, 1921
BLAIR, DAVID H. LCCN2016862614.jpg David H. Blair May 27, 1921May 31, 1929
LUCAS, ROBERT LCCN2016862615.jpg Robert H. Lucas June 1, 1929August 15, 1930
H. F. Mires (Acting)August 16, 1930August 19, 1930
David BurnetAugust 20, 1930May 15, 1933
Pressly R. Baldridge (Acting)May 16, 1933June 5, 1933
Guy T. Helvering (Kansas Congressman).jpg Guy T. Helvering June 6, 1933October 8, 1943
Hannegan 2013-925 (1).jpg Robert E. Hannegan October 9, 1943January 22, 1944
Harold N. Graves (Acting)January 23, 1944February 29, 1944
Joseph D. Nunan Jr. March 1, 1944June 30, 1947
George J. Schoeneman July 1, 1947July 31, 1951
John B. Dunlap August 1, 1951November 18, 1952
John Stephens Graham November 19, 1952January 19, 1953
Justin F. Winkle (Acting)January 20, 1953February 3, 1953
T. Coleman Andrews.jpg T. Coleman Andrews February 4, 1953October 31, 1955
O. Gordon Delk (Acting)November 1, 1955December 4, 1955
Russell C. Harrington December 5, 1955September 30, 1958
O. Gordon Delk (Acting)October 1, 1958November 4, 1958
Dana Latham.jpg Dana Latham November 5, 1958January 20, 1961
Charles I. Fox (Acting)January 21, 1961February 6, 1961
Caplin,Mortimer-favorite.JPG Mortimer Caplin February 7, 1961July 10, 1964
Bernard M. Harding (Acting)July 11, 1964January 24, 1965
Sheldon Stanley Cohen (page 29 crop).jpg Sheldon S. Cohen January 25, 1965January 20, 1969
William H. Smith (Acting)January 21, 1969March 31, 1969
Randolph W. Thrower April 1, 1969June 22, 1971
Harold T. Swartz (Acting)June 23, 1971August 5, 1971
Johnnie Mac Walters August 6, 1971April 30, 1973
Raymond F. Harless (Acting)May 1, 1973May 25, 1973
Donald C. Alexander May 25, 1973February 26, 1977
William E. Williams (Acting)February 27, 1977May 4, 1977
Jerome Kurtz May 5, 1977October 31, 1980
William E. Williams (Acting)December 1, 1980March 13, 1981
Roscoe L. Egger Jr. March 14, 1981April 30, 1986
James I. Owens (Acting)May 1, 1986August 3, 1986
Lawrence B. Gibbs August 4, 1986March 4, 1989
Michael J. Murphy (Acting)March 5, 1989July 4, 1989
Fred T. Goldberg, Jr. July 5, 1989February 2, 1992
Shirley D. Peterson February 3, 1992January 20, 1993
Michael P. Dolan (Acting)January 21, 1993May 26, 1993
Margaret Milner Richardson May 27, 1993May 31, 1997
Michael P. Dolan (Acting)June 1, 1997November 12, 1997
Charles O. Rossotti November 13, 1997November 6, 2002
Bob Wenzel (Acting)November 7, 2002April 30, 2003
MarkEverson.jpg Mark W. Everson May 1, 2003May 4, 2007
Kevin M. Brown (Acting)May 5, 2007September 9, 2007
Linda E. Stiff [12] [13] (Acting)September 10, 2007March 24, 2008
Douglas Shulman.jpg Douglas H. Shulman March 24, 2008November 9, 2012
Steven T. Miller (Acting)November 10, 2012May 22, 2013
Daniel Werfel.jpg Daniel Werfel (Acting)May 22, 2013 [14] December 23, 2013
Koskinen.jpg John Koskinen December 23, 2013November 9, 2017
David Kautter official photo.jpg David Kautter (Acting)November 13, 2017October 1, 2018
Chuck Rettig IRS official photo.jpg Charles P. Rettig October 1, 2018November 12, 2022
Douglas O'Donnell, IRS Commissioner.png Doug O'Donnell (Acting)November 13, 2022March 13, 2023
Danny Werfel, IRS Commissioner 2.jpg Daniel Werfel March 13, 2023present

Related Research Articles

<span class="mw-page-title-main">Taxation in the United States</span>

The United States of America has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well as various fees. In 2020, taxes collected by federal, state, and local governments amounted to 25.5% of GDP, below the OECD average of 33.5% of GDP.

<span class="mw-page-title-main">Tax lien</span> Lien imposed on property by law to secure payment of taxes

A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be imposed as a result of a failure to pay income taxes or it may be imposed as a result of a failure to pay other taxes.

<span class="mw-page-title-main">United States Tax Court</span> United States federal court dealing with tax matters

The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court". The Tax Court specializes in adjudicating disputes over federal income tax, generally prior to the time at which formal tax assessments are made by the Internal Revenue Service.

In the United States of America, an Enrolled Agent (EA) is a tax advisor, who is a federally authorized tax practitioner which is empowered by the U.S. Department of the Treasury. Enrolled Agents represent taxpayers before the Internal Revenue Service (IRS) for tax issues that include audits, collections, and appeals.

<span class="mw-page-title-main">Income tax in the United States</span> Form of taxation in the United States

The United States federal government and most state governments impose an income tax. They are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the total income less allowable deductions. Income is broadly defined. Individuals and corporations are directly taxable, and estates and trusts may be taxable on undistributed income. Partnerships are not taxed, but their partners are taxed on their shares of partnership income. Residents and citizens are taxed on worldwide income, while nonresidents are taxed only on income within the jurisdiction. Several types of credits reduce tax, and some types of credits may exceed tax before credits. An Alternative Minimum Tax (AMT) applies at the federal and some state levels.

The business mileage reimbursement rate is an optional standard mileage rate used in the United States for purposes of computing the allowable business deduction, for Federal income tax purposes under the Internal Revenue Code, at 26 U.S.C. § 162, for the business use of a vehicle. Under the law, the taxpayer for each year is generally entitled to deduct either the actual expense amount, or an amount computed using the standard mileage rate, whichever is greater.

A tax protester, in the United States, is a person who denies that he or she owes a tax based on the belief that the Constitution of the United States, statutes, or regulations do not empower the government to impose, assess or collect the tax. The tax protester may have no dispute with how the government spends its revenue. This differentiates a tax protester from a tax resister, who seeks to avoid paying a tax because the tax is being used for purposes with which the resister takes issue.

<span class="mw-page-title-main">Internal Revenue Service Restructuring and Reform Act of 1998</span>

The Internal Revenue Service Restructuring and Reform Act of 1998, also known as Taxpayer Bill of Rights III, resulted from hearings held by the United States Congress in 1996 and 1997. The Act included numerous amendments to the Internal Revenue Code of 1986. The bill was passed in the Senate unanimously, and was seen as a major reform of the Internal Revenue Service.

Tax protesters in the United States have advanced a number of arguments asserting that the assessment and collection of the federal income tax violates statutes enacted by the United States Congress and signed into law by the President. Such arguments generally claim that certain statutes fail to create a duty to pay taxes, that such statutes do not impose the income tax on wages or other types of income claimed by the tax protesters, or that provisions within a given statute exempt the tax protesters from a duty to pay.

<span class="mw-page-title-main">Office of the Taxpayer Advocate</span> Independent organization within the U.S. Internal Revenue Service

The Office of the Taxpayer Advocate, also called the Taxpayer Advocate Service (TAS), is an office within the Internal Revenue Service (IRS) of the U.S. Department of the Treasury, reporting directly to the Commissioner of Internal Revenue. The office is under the supervision and direction of the National Taxpayer Advocate, who is appointed by the Secretary of Treasury.

Tommy Keith Cryer, also known as Tom Cryer, was an attorney in Shreveport, Louisiana who was charged with and later acquitted of willful failure to file U.S. Federal income tax returns in a timely fashion. In a case in United States Tax Court, Cryer contested a determination by the U.S. Internal Revenue Service that he owed $1.7 million in taxes and penalties. Before the case could come to trial, Cryer died June 4, 2012. He was 62.

A tax levy under United States federal law is an administrative action by the Internal Revenue Service (IRS) under statutory authority, generally without going to court, to seize property to satisfy a tax liability. The levy "includes the power of distraint and seizure by any means". The general rule is that no court permission is required for the IRS to execute a tax levy.

The 861 argument is a statutory argument used by tax protesters in the United States, which interprets a portion of the Internal Revenue Code as invalidating certain applications of income tax. The argument has uniformly been held by courts to be incorrect, and persons who have cited the argument as a basis for refusing to pay income taxes have been penalized, and in some cases jailed.

A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries.

Tax protester arguments are arguments made by people, primarily in the United States, who contend that tax laws are unconstitutional or otherwise invalid.

<span class="mw-page-title-main">Internal Revenue Service</span> Revenue service of the United States federal government

The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act.

Tax protesters in the United States advance a number of administrative arguments asserting that the assessment and collection of the federal income tax violates regulations enacted by responsible agencies –primarily the Internal Revenue Service (IRS)– tasked with carrying out the statutes enacted by the United States Congress and signed into law by the President. Such arguments generally include claims that the administrative agency fails to create a duty to pay taxes, or that its operation conflicts with some other law, or that the agency is not authorized by statute to assess or collect income taxes, to seize assets to satisfy tax claims, or to penalize persons who fail to file a return or pay the tax.

The IRS Return Preparer Initiative was an effort by the Internal Revenue Service (IRS) to regulate the tax return preparation industry in the United States. The purpose of the initiative is to improve taxpayer compliance and service by setting professional standards for and providing support to the tax preparation industry. Starting January 1, 2011 and, until the program was suspended in January 2013, the initiative required all paid federal tax return preparers to register with the IRS and to obtain an identification number, called a Preparer Tax Identification Number (PTIN). The multi-year phase-in effort called for certain paid tax return preparers to pass a competency test and to take annual continuing education courses. The ethics provisions found in Treasury Department's Circular 230 were extended to all paid tax return preparers. Preparers who have their PTINs, pass the test and complete education credits were to have a new designation: Registered Tax Return Preparer.

The Internal Revenue Manual (IRM) is an official compendium of internal guidelines for personnel of the United States Internal Revenue Service (IRS).

<span class="mw-page-title-main">Daniel Werfel</span> American government official (born 1971)

Daniel I. Werfel is an American government official who has served as Commissioner of Internal Revenue since March 2023. He was formerly a Managing Director and Partner at Boston Consulting Group (BCG) from 2014 to 2023, acting Commissioner of Internal Revenue in 2013, and Controller of the Office of Management and Budget from 2011 to 2013.

References

  1. See generally 26 U.S.C.   § 7803.
  2. 26 C.F.R. section 601.101(a).
  3. Act of July 1, 1862, Ch. CXIX, 12 Stat. 432.
  4. 26 U.S.C. sec. 7803, as amended by the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. No. 105-206 (July 22, 1998).
  5. 26 U.S.C.   § 7803.
  6. "Werfel begins work as 50th IRS Commissioner". Internal Revenue Service. 2023-03-13. Retrieved 2023-03-16.
  7. Treasury Order 150-10, Delegation—Responsibility for Internal Revenue Laws, U.S. Dep't of the Treasury (April 22, 1982), at treasury.gov
  8. Treasury Order 101-05, Reporting Relationships and Supervision of Officials, Offices and Bureaus, and Delegation of Certain Authority in the Department of the Treasury, U.S. Dep't of the Treasury (Jan. 10, 2011), at treasury.gov
  9. 26 C.F.R. § 301.7805-1.
  10. Treasury Order 107-03, Regulations Pertaining to the Internal Revenue Law, U.S. Dep't of the Treasury (Jan. 30, 1978), at treasury.gov
  11. "Internal Revenue Service Data Book 2003" (PDF). irs.gov. Retrieved September 13, 2007.
  12. George Jones, CCH News Staff, CCH 2007 TaxDay, Stiff Starts as Acting IRS Commissioner, Item #I.6 (Sept. 21, 2007).
  13. Official IRS Web Site, Acting Commissioner Linda E. Stiff "Acting Commissioner of Internal Revenue Linda e. Stiff". Archived from the original on 2008-02-24. Retrieved 2017-08-11.{{cite web}}: CS1 maint: bot: original URL status unknown (link) (Mar. 24, 2008)
  14. President Obama Appoints Daniel Werfel as Acting Commissioner of Internal Revenue, May 16, 2013