Treasury Secretary Scott Bessent will continue to run the IRS even though he is no longer officially serving as acting commissioner, the agency said Friday.
Mr. Bessent had been acting commissioner since August, after Billy Long, President Trump’s Senate-confirmed pick, left after less than two months in office.
But under federal rules governing vacancies, Mr. Bessent’s time as acting commissioner expired earlier this month.
The agency said he’s no longer in that post, but retains all the power since he oversees the IRS anyway as secretary of the department that is in charge.
“In accordance with the Federal Vacancies Reform Act, the Secretary retains the authority and responsibility to perform the functions and duties of vacant Treasury offices that are not filled on an acting basis,” the IRS said.
It said Chief Executive Officer Frank J. Bisignano handles day-to-day tasks, reporting directly to Mr. Bessent.
The arrangement dismayed congressional Democrats who called it a worrying workaround for the law.
Sen. Ron Wyden, the top Democrat on the Senate Finance Committee, said the CEO’s job was never authorized by Congress.
“The idea that Bessent is going to keep running the IRS past the expiration of his term as acting commissioner is outrageous but unsurprising from a corrupt administration that makes a sport out of violating the law and trampling on the Constitution,” the Oregon lawmaker said.
He said the president may be struggling to find someone to nominate to the post who has tax law experience and is willing to go along with his policies.
Mr. Trump’s Cabinet has been remarkably stable, with its first departure coming this month with Homeland Security Secretary Kristi Noem’s ouster.
But below that level, Mr. Trump has kept a number of jobs open and assigned his people to do double duty.
Secretary of State Marco Rubio is also serving as Mr. Trump’s acting national security advisor and, at one point, was also acting director of the U.S. Agency for International Development.
And Office of Management and Budget Director Russell Vought serves as acting director of the Consumer Financial Protection Bureau.
