In the wake of a March 9 letter from three U.S. Senators expressing concerns about Treasury Secretary Scott Bessent’s dual role as Acting IRS Commissioner, the IRS announced today that Bessent is no longer serving as Acting IRS Commissioner. This leaves the Commissioner’s Office – one of only two Senate-confirmed positions at the IRS – vacant in the midst of the tax agency’s busiest time of year.
The IRS has been without a Senate-confirmed Commissioner since August 8, 2025, when the President removed Commissioner Billy Long. Since that date, Bessent has served as Acting IRS Commissioner while also serving as Treasury Secretary. Under the Federal Vacancies Reform Act (FVRA), Bessent could serve as Acting Commissioner for no longer than 210 days. That period would have expired on March 6, 2026.
In a short press release entitled “Update on IRS Commissioner position” issued this afternoon, the IRS stated that “Secretary Scott Bessent’s service as Acting Commissioner of the IRS under the Federal Vacancies Act has expired, and he has not served in that capacity since that time.” The announcement notably does not acknowledge the date that Bessent’s service as Acting Commissioner expired, nor does it describe any plan to fill the position on a permanent basis. The IRS further states that “[t]he IRS continues to operate without interruption, with Chief Executive Officer Frank J. Bisignano successfully leading day-to-day operations and reporting directly to the Secretary.”
Since January 2025, the IRS Commissioner’s office has experienced unprecedented turnover. Seven different individuals served in that role during 2025. And last year the IRS announced the creation of a new “Chief Executive Officer” position to handle day-to-day management of the agency. Bisignano was selected to serve as the first ever IRS CEO, while also serving as Commissioner of the Social Security Administration.
The letter, written by Democrats Ron Wyden, Charles Schumer, and Elizabeth Warren, also questioned the IRS Office of Chief Counsel, the other Senate-confirmed IRS position. Since November 18, 2025, Kenneth Kies has served as Acting Chief Counsel while also serving as Treasury’s Assistant Secretary for Tax Policy. Under the FVRA, Kies’ acting period ends on June 16, 2026, and the Senators noted that the President has not sent any nomination for this position to the Senate.