Is the Internal Revenue Service an organization within the U.S. Department of the Treasury?
- 1 decade agoFavorite Answer
Answer: No. The IRS is not an organization within the United States Department of the Treasury. The U.S. Department of the Treasury was organized by statutes now codified in Title 31 of the United States Code, abbreviated “31 U.S.C.” The only mention of the IRS anywhere in 31 U.S.C. §§ 301‑310 is an authorization for the President to appoint an Assistant General Counsel in the U.S. Department of the Treasury to be the Chief Counsel for the IRS. See 31 U.S.C. 301(f)(2).
At footnote 23 in the case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), the U.S. Supreme Court admitted that no organic Act for the IRS could be found, after they searched for such an Act all the way back to the Civil War, which ended in the year 1865 A.D. The Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats). See Article IV, Section 4. Since there was no organic Act creating it, IRS is not a lawful organization.Source(s): http://www.supremelaw.org/
- MrMojo1Lv 51 decade ago
Yes, the IRS is a division within the US Treasury Dept., which has several different divisions.
Two of the other well known divisions within the US Treasury Dept. is the Secret Service which provides protection service to the current and former presidents and the US Mint.
The Secret service has since moved onto another division from the US Treasury into Homeland Security.
- krzanLv 44 years ago
Congress gave the dep. of the Treasury the authority to set regulations and suggestions on the enforcement of the Tax Code. it is each and each of the authority that Treasury mandatory to form the IRS. it quite is somewhat undemanding in government. as an occasion, identify 10 establishes regulations for the US protection stress yet would not handle the formation of individual instruments under the Air stress and the Air team (Subtitle D). that would not negate the criminal life of the Air coaching & education Command or Air wrestle Command or any of their subordinate instruments as that authority is granted to the Air stress and The Air team by potential of identify 10. Congress wisely realizes that it is not possible to micro-cope with Federal companies previous the optimum administrative point or 2. it is tough adequate getting something executed whilst having to handle Congress in the 1st place. If the life of each and every subordinate function under any of the cupboard point departments required particular enforcing legislations, Congress could in basic terms be a million/2 way for the period of the bill of Rights.
- StephenWeinsteinLv 71 decade ago
Organization might be the wrong word, but yes, the IRS is part of the Department of the Treasury.
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- ?Lv 71 decade ago