National Taxpayer Advocate Erin Collins speaking at the AICPA National Tax Conference

Here's the lowdown

  • President Trump signed H.R. 997, giving the National Taxpayer Advocate authority to appoint lawyers who report directly to the advocate or a delegate.

  • Congress made the change effective as if it had been included in the 1998 law that created the modern taxpayer advocate structure.

  • The office handled about 34,000 wage-verification refund cases, 14,000 returned or stopped refund cases, and 7,000 lost or stolen refund cases in fiscal 2025.

The IRS watchdog had an IRS lawyer problem

The National Taxpayer Advocate exists to challenge problems inside the IRS. Until now, its lawyers reported through IRS legal counsel.

That is an awkward setup. The office charged with defending taxpayer rights could not fully control the legal team helping it question the agency.

A new federal law changes that reporting line.

President Trump signed the National Taxpayer Advocate Enhancement Act of 2025, known as H.R. 997. The law lets the advocate appoint counsel inside the Office of the Taxpayer Advocate. Those lawyers can report directly to the advocate or a delegate.

The change sounds narrow. It matters because legal advice shapes how an independent watchdog reads the tax code, pushes back on IRS procedures, and explains systemic problems to Congress.

What the law actually does

The enrolled bill text adds direct hiring authority to Section 7803 of the tax code.

It also broadens a related personnel provision from employees of local taxpayer advocate offices to employees across the Office of the Taxpayer Advocate.

Then Congress reaches back to 1998. The amendments take effect as if they had been part of the IRS Restructuring and Reform Act that created the modern advocate structure.

That retroactive language is important. Congress is not describing the change as a brand-new mission. It is saying the advocate was always supposed to have access to its own counsel.

The House Ways and Means Committee said the old setup undermined the office's independence. H.R. 997 passed the committee 43 to 0, the House 385 to 0, and the Senate by unanimous consent.

This office handles real bottlenecks

The Taxpayer Advocate Service is not a second IRS. It is the safety net for taxpayers who cannot solve serious problems through normal channels and meet the service's case criteria.

Its workload shows why independent legal judgment matters.

In fiscal 2025, the office handled roughly 34,000 cases involving refunds held for wage verification. It handled about 14,000 cases involving returned or stopped refunds and another 7,000 involving lost or stolen refunds.

Each category can leave a taxpayer waiting for money while bills keep arriving. The legal issue may be only one piece of the case, but a lawyer who answers directly to the advocate can evaluate the IRS position without a divided reporting line.

What changes for CPAs

The law does not change the basic door into the Taxpayer Advocate Service. Practitioners still need a client problem that fits the service's criteria, such as economic harm or an IRS process that has failed to produce a timely resolution.

It also does not guarantee a faster answer in every case. Staffing, case volume, and IRS operations still determine how quickly a problem moves.

The practical gain is cleaner authority inside the watchdog. When a case exposes a conflict between taxpayer rights and an IRS procedure, the advocate can build and direct its own legal analysis.

That can matter beyond one refund. The National Taxpayer Advocate also identifies recurring problems and reports them to Congress. A more independent legal team can strengthen both the individual casework and the argument for a broader fix.

The test comes next

Congress fixed the org chart. Now the advocate has to use it.

The next questions are practical: how many lawyers the office hires, which disputes they take on, and whether the new structure helps the service resolve cases or challenge broken procedures more effectively.

For taxpayers and their CPAs, the promise is simple. The person in their corner now has clearer power to choose the lawyers standing there too.

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