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Tax code racial discrimination in the wake of Supreme Court affirmative action ruling

June 30, 2023

Supreme Court pediment_Court Equal Justice

The U.S. Supreme Court yesterday struck down college admission affirmative action policies. Some legal experts say the high court’s decision could also lead to more, and similar, challenges in how corporations make hiring and promotion decisions.

That got me thinking, of course, about taxes.

IRS audit unfairness: Most people who are audited by the Internal Revenue Service think they are being unfairly targeted. It seems that might actually be true in some cases.

IRS Commissioner Danny Werfel recently acknowledged that the way the tax agency applies the federal tax laws is discriminatory.

In a letter to the chair of the Senate Finance Committee, Werfel said initial findings by an internal investigation “support the conclusion that Black taxpayers may be audited at higher rates than would be expected given their share of the population.”

“We are deeply concerned by these findings and committed to doing the work to understand and address any disparate impact of the actions we take,” wrote Werfel.

Lawsuit potential: The first question is what exactly will the IRS do to address any discrimination in its audit process?

The next question is will someone file a lawsuit against the IRS when it makes examination changes?

Probably. This is the United States, one of the most litigious countries in the world.

This hot button issue is exacerbated by today’s political and cultural climates.

Plus, there are plenty of creative attorneys who would love to take the IRS to task and trial.

While we wait for the inevitable lawsuit, here are some prior ol’ blog posts on bias in the way the tax code is administered.

I know this is an emotional topic. Comments are welcome, but please keep them on point and civil.

 

 

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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