Constitution Index · H.R. 9499 · 2026-06-29

Protecting Taxpayers from Ghost Preparers Act

Latest official status (2026-09-16): Received in the Senate and Read twice and referred to the Committee on Finance.

Official source ↗

Constitutional grade

A

Constitutional

This bill is fully constitutional. It clarifies the fraud exception to the tax assessment statute of limitations, limiting it to cases where the taxpayer personally intended to evade taxes. This is a proper exercise of Congress's enumerated power to lay and collect taxes, and it protects taxpayers from being penalized for the misconduct of third-party preparers without proof of their own intent. No rights are infringed, individual sovereignty is enhanced, and the action does not consolidate power upward.

Article I, Section 8, Clause 1 Amendment I Amendment II Amendment IV Amendment V Amendment VIII Amendment X

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

Congress has explicit constitutional authority under Article I, Section 8, Clause 1 to 'lay and collect Taxes, Duties, Imposts and Excises.' This bill directly regulates the procedural rules for tax assessment, which falls squarely within that enumerated power. The bill does not exceed federal authority; it merely clarifies the scope of an existing tax enforcement mechanism.

Bill of Rights · passes

The bill does not infringe any provision of the Bill of Rights. It does not restrict speech, religion, assembly, press, petition (First Amendment), the right to keep and bear arms (Second Amendment), or any other protected right. It does not authorize unreasonable searches or seizures (Fourth Amendment), compel self-incrimination (Fifth Amendment), or impose cruel or unusual punishment (Eighth Amendment). To the contrary, it protects taxpayers from being held liable for fraud they did not commit, which aligns with due process principles.

Individual liberty · passes

The bill enhances individual sovereignty by ensuring that a taxpayer is not penalized for fraudulent conduct they did not intend. It places the burden of proof on the government to show the taxpayer's own intent to evade taxes before the unlimited assessment period applies. This protects individuals from being held responsible for the actions of third-party preparers without their knowledge or consent, respecting the individual's control over their own legal obligations.

Decentralization · passes

This bill passes all four questions of the decentralization test. (1) An individual or family cannot handle federal tax assessment rules on their own; this is a matter of federal law. (2) A local community cannot set the statute of limitations for federal taxes. (3) A state cannot set the statute of limitations for federal taxes. (4) The bill does not consolidate decision-making upward; it merely clarifies an existing federal rule. The Tenth Amendment is not violated because the bill operates within Congress's enumerated taxing power and does not commandeer state resources or regulate state activities.

Due process and takings · passes

The bill strengthens due process by requiring proof of the taxpayer's own intent to evade taxes before the unlimited assessment period applies. This provides fair notice and a clear standard, preventing arbitrary government action. It does not take property without just compensation; it merely limits the time the IRS has to assess taxes, which is a procedural rule, not a taking. The Fifth Amendment's Due Process and Takings Clauses are fully respected.

Provenance

Grade ID
602
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-11 14:20 UTC
Engine
backup SI engine
Source fetched
2026-10-09 19:07 UTC
Source SHA-256
9836e7399645c3e7cdaee0123111b685468e257cedb75f43e16c6ee413cf81b7
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #602 2026-10-11 vfa-constitutional-grade/1.0 9836e7399645 current

Cite this

Values for America. “Constitutional grade: H.R. 9499, Protecting Taxpayers from Ghost Preparers Act.” VFA Constitution Index, grade 602 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/602. Accessed 2026-10-19.

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