WASHINGTON, D.C. — Treasury Secretary Scott Bessent clarified during a Senate Finance Committee hearing on March 13 that he is performing the duties of Internal Revenue Service commissioner despite his official term as acting commissioner having expired. Bessent stated he is not the acting IRS commissioner but affirmed that he is carrying out the role’s responsibilities.
Bessent had been serving as acting IRS commissioner since August. On March 13, the IRS announced on its website that his time as acting commissioner had “expired” but noted he “retains the authority and responsibility to perform the functions and duties of vacant Treasury offices that are not filled on an acting basis.”
During the hearing, Sen. Catherine Cortez Masto, D-Nev., questioned Bessent about his current authority at the IRS as part of a broader discussion on the Treasury Department budget. She also raised concerns about whether approximately 400,000 taxpayers affected by a data leak from former IRS contractor Charles Littlejohn would receive the same treatment as former President Donald Trump, his family, and his businesses following the leak of their tax returns.
Bessent replied to Cortez Masto, “That is incorrect.” He explained, “My term expired,” but added that the IRS is a bureau within Treasury and that “when there is no commissioner, those duties flow up to me.” He further stated, “I am performing the duties of the commissioner,” when asked to clarify his role “for the purposes of public and transparency.”
On the issue of taxpayer treatment following the data breach, Bessent declined to directly answer whether the 400,000 other affected taxpayers would receive the same immunity as Trump and his family. Citing ongoing litigation, he said, “Treasury does not give any of that. We are represented by the Justice Department.” When pressed further, Bessent added, “We will follow the instructions and the settlement.”