Authority is delegated
within the IRS by way of "Delegation Orders".
The online Internal
Revenue Manual (IRM) says this about Delegation Orders:
Internal
Revenue Manual
1.11.4.1
(08-01-2003)
Overview of Delegations
1. This Section describes the objectives of Delegations of Authority, published as Delegation Orders,
the types of
documents which are used to delegate authority and their impact on the
Service. It also describes how to prepare, clear, and issue Delegations
of Authority (also referred to as "del orders" ). |
Internal
Revenue Manual
1.11.4.4.2
(08-01-2003)
Functional Statements
2. Commissioner
Delegation Orders are
prepared when it is
necessary to
redelegate authorities delegated
to the Commissioner from the Secretary
of Treasury, tax regulations
or other laws and to describe the
delegation or authority more specifically than is provided by a
functional statement or other general delegation.
|
Delegations of
authority must be written.
It is these written delegations of authority that prove whether any IRS
officer, agent, or employee is allowed to take any action in regard to
a Citizen. The actions allowed any IRS officer, agent, or
employee are prescribed, proscribed, and circumscribed by law and by
lawful delegations of such authority.
Internal
Revenue Manual
1.11.4.5
(08-01-2003)
Commissioner
Delegation Order Content
1. Each delegation
order must include the elements described below. Delegations of authority
made other than by order should incorporate
the information described below to the maximum extent feasible.
a. Title: Provide a brief
topical title. Reflect the subject matter
covered rather than duplicate the specific authority as
stated within
the order itself. Do not include any
parenthetical information.
b. Authority: Provide a clear statement of the authority
being
delegated. Any
difficulty in doing so might indicate that there are
several authorities
in issue, which should be broken down within the Delegation
Order, or provided as
separate Delegation
Orders. This
provision setting forth the authority
being delegated, and the
following provision setting forth the delegates, should be confined to
effecting the delegation and should not include any extraneous material
or explanation. Although all delegations of authority are
necessarily
subject to the restrictions of pertinent laws and administrative
requirements, it is not practical to include extensive reference to
such restrictions in a delegation
order. Curt references to important
limitations may be made where prudent.
|
"Although all delegations of authority
are
necessarily
subject to the restrictions of pertinent laws..."
Like Constitutional
restrictions on direct-unapportioned taxes. This was covered in
chapter 4.
"Although all delegations of authority
are
necessarily
subject to the restrictions of pertinent laws and administrative
requirements, it is not practical to include extensive reference to
such restrictions in a delegation
order."
And thereby fail to plainly
tell the IRS employees where their authority ends.
And thereby fail to plainly
tell the Citizens where such
authority ends which these (deliberately kept) IGNORANT and
(deliberately) mis-informed IRS employees routinely exceed.
Internal
Revenue Manual
1.11.4.5
(08-01-2003)
Commissioner
Delegation Order Content
1. Each delegation
order must include the elements described below. Delegations of authority
made other than by order should incorporate
the information described below to the maximum extent feasible.
c. Delegated to: Enter the
title of the employee or position to whom
the authority is
delegated. Consideration must be taken to delegate
authority to the lowest level keeping in mind that all positions within
the chain of command up to and including
the Commissioner have the same
authority...[omitted]
|
That's a key point. "[A]ll
positions within
the chain of command up to and including
the Commissioner have the same
authority". I'll return to this issue momentarily.
Internal
Revenue Manual
1.11.4.5
(08-01-2003)
Commissioner
Delegation Order Content
1. Each delegation
order must include the elements described below. Delegations of authority
made other than by order should incorporate
the information described below to the maximum extent feasible.
e. Source(s) of Authority:
Make sure that the proper source of
authority is cited, and, for revisions, that it is current and
correct. [omitted]
|
There must be a proper chain
of authority and delegation of authority. Without the chain of
delegated authority tracing ALL the way back to the Constitution, there
is NO AUTHORITY.
Internal
Revenue Manual
1.11.4.2
(08-01-2003)
Delegation of Authority Objectives
1. The objectives of Delegations of
Authority are to:
a. place authority in the position(s)
where actual operational responsibility resides;...
2. To meet these objectives, authority
should be delegated directly to the lowest level expected to take final
action. Doing so avoids the need to issue redelegations of authority
through heads of office. Delegating authority to the lowest level for
action means that:
a. Every
intervening line supervisory position up to and including the
Commissioner has the same authority.
4. Commissioner Delegation Orders are
published in IRM 1.2.2, Delegations of
Authority. |
IRM section 1.11.4.2 tells
us "Every
intervening line supervisory position up to and including the
Commissioner has the same authority."
IRM section 1.11.4.5 tells
us "[A]ll positions within
the chain of command up to and including
the Commissioner have the same
authority."
Find out what a specific authority
is, and we find what that specific authority
is for the entire chain of command from the commissioner to the lowest
employee.
As I said on the last page,
"In order to find out exactly
which returns the Secretary's delegates are authorized to execute, we
need to look at the delegation orders authorizing the delegates to
execute specific returns."
Internal
Revenue Manual
1.11.4.7.1
(08-01-2003)
Publishing Delegations
Orders in the Federal Register
1. The Federal Register provides a uniform system for making
regulations and legal notices issued by Federal agencies available to
the public. New and revised Delegations of Authority
which affect the
rights and duties of taxpayers will be published in the Federal
Register....
|
If the delegation order
affects anybody, it must be published in the federal register.
This means that the authority to execute returns alleged to have not
been made by a Citizen must be posted in the Federal Register.
|