WASHINGTON — An IRS whistleblower has informed Congress that he wants to come forward to reveal a cover-up in the tax evasion investigation focused on first son Hunter Biden, according to a letter obtained by The Post.
A lawyer for the official told a group of congressional committee leaders Wednesday that he wants to expose “preferential treatment” and false testimony to Congress by a “senior political appointee.”
The unnamed whistleblower is “a career IRS Criminal Supervisory Special Agent who has been overseeing the ongoing and sensitive investigation of a high-profile, controversial subject since early 2020,” attorney Mark Lytle wrote to nine members of Congress.
Although Hunter, 53, isn’t named in the letter, a congressional source confirmed the complaint pertains to the first son, who reportedly borrowed about $2 million last year to pay off a tax bill assessed on income earned overseas.
Lytle did not immediately respond to The Post’s request for comment, but in an interview with “CBS Evening News” said that his client has worked at the IRS for more than a decade and has extensive documentation.
“It really doesn’t come down to his credibility, whether you believe him or not,” Lytle said.
“Because the things he’s been through are very well documented in emails, and other communications with the Department of Justice.”
The White House referred The Post’s request for comment to the IRS and the Justice Department, which did not immediately respond. Representatives of Hunter Biden also did not respond.
Lytle addressed his Wednesday letter to the top Republican and Democratic members on the Senate Finance and Judiciary committees and on the House Judiciary and Ways and Means committees, in addition to whistleblower caucus co-chair Sen. Chuck Grassley (R-Iowa).
“Despite serious risks of retaliation, my client is offering to provide you with information necessary to exercise your constitutional oversight function and wishes to make the disclosures in a non-partisan manner to the leadership of the relevant committees on both sides of the political aisle,” Lytle wrote.
“My client has already made legally protected disclosures internally at the IRS, through counsel to the US Treasury Inspector General for Tax Administration, and to the Department of Justice, Office of Inspector General. The protected disclosures: (1) contradict sworn testimony to Congress by a senior political appointee, (2) involve failure to mitigate clear conflicts of interest in the ultimate disposition of the case, and (3) detail examples of preferential treatment and politics improperly infecting decisions and protocols that would normally be followed by career law enforcement professionals in similar circumstances if the subject were not politically connected.”
The bombshell allegations have yet to be fleshed out by congressional investigators, but come as Republicans probe President Biden’s role in Hunter and first brother James Biden’s foreign business dealings dating to their powerful relative’s vice presidency.
Lytle, who previously represented ex-Twitter employee Yoel Roth during the House Oversight Committee’s probe of government pressure on social media companies to censor content, wrote that tax-record privacy laws add a layer of complexity that will require guidance from Congress.
“Some of the protected disclosures contain information that is restricted by statute from unauthorized disclosure to protect taxpayer and tax return information,” Lytle wrote.
“My client would like to share the same legally protected disclosures with Congress pursuant to 26 U.S.C. § 6103(f)(5) and the protections afforded by 5 U.S.C. 2302(b)(8)(C)—that he has already shared with other oversight authorities. Out of an abundance of caution regarding taxpayer privacy laws, my client has refrained from sharing certain information even with me in the course of seeking legal advice. Thus, it is challenging for me to make fully informed judgments about how best to proceed.”
The first statute referenced by Lytle is a section of federal law that authorizes disclosures of confidential tax information to Congress by whistleblowers.
The second refers to a part of the law outlining prohibited actions by employees of the executive branch.
“My goal is to ensure that my client can properly share his lawfully protected disclosures with congressional committees,” Lytle concluded.
“Thus, I respectfully request that your committees work with me to facilitate sharing this information with Congress legally and with the fully informed advice of counsel. With the appropriate legal protections and in the appropriate setting, I would be happy to meet with you and provide a more detailed proffer of the testimony my client could provide to Congress.”
The whistleblower’s emergence was quickly seized upon by the Biden family’s congressional critics.
“It’s deeply concerning that the Biden administration may be obstructing justice by blocking efforts to charge Hunter Biden for tax violations,” said House Oversight Committee Chairman James Comer (R-Ky.), who on Monday alleged that bank records show nine Biden family members appeared to benefit from overseas income.
The Oversight Committee “has been following the Bidens’ tangled web of complex corporate and finance records. It’s clear from our investigation that Hunter and other members of the Biden family engaged in deceptive, shady business schemes to avoid scrutiny as they made millions from foreign adversaries like China,” Comer added.
“We’ve been wondering all along where the heck the DOJ and the IRS have been. Now it appears the Biden administration may have been working overtime to prevent the Bidens from facing any consequences.”
Comer went on to promise his committee would “work to hold accountable anyone in the Biden administration who may be covering up this criminal activity.”
Republicans already had questioned the lethargic pace of a long-running criminal investigation of Hunter Biden by the US Attorney’s Office in Delaware, which reportedly is looking into potential tax fraud, illegal foreign lobbying, money laundering and lying about drug use on a federal gun purchase form.
The FBI in December 2019 retrieved the first son’s abandoned laptop, which contained extensive information about income from ventures involving wealthy figures in China, Russia and Ukraine.
Hunter confirmed he was under investigation for tax fraud shortly after his father won the 2020 election.
“We appreciate this outreach and look forward to sitting down promptly with this individual to better understand the scope and detail of the concerns raised,” House Ways and Means Committee Chairman Jason Smith (R-Mo.) said Wednesday evening.
“It is our responsibility to ensure the tax code is applied fairly and appropriately to all Americans — whether through the oversight efforts this Committee initiates or the need for oversight that is brought to our attention.”
