I shared this earlier to help us find answers. Why would mods take it down??
Has anyone seen the thread on X regarding EIDL from IRS Medic he just put out?
The government has \~1.3 million delinquent COVID EIDL loans and no realistic way to sue on them.Their only real collection tool? Treasury offset of tax refunds. There's just one problem.
2/
The IRS has had no Senate-confirmed Commissioner since August 8, 2025.
The acting appointment expired March 6, 2026. We are on day 67 of no IRS commissioner.
No nominee has been submitted to the Senate.
3/ In its place: an invented "IRS CEO" title — Frank Bisignano, who was actually confirmed by the Senate to run the Social Security Administration.
Congress never created an IRS CEO.
It's a job title with no statutory basis executing statutory functions.
4/ Here's why this matters for EIDL borrowers.
26 USC §6402 gives the Secretary of Treasury authority to order tax refund offsets.
But executing that offset requires the IRS to certify payment records to the Bureau of Fiscal Service.
That certification runs through the Commissioner.
5/ The Commissioner's authority under 26 USC §7803 is the top of the IRS delegation chain.
Every IRS employee's authority to process returns and certify overpayments flows upward to that office.
Vacant office.
We have an orphaned delegation chain.
6/ The government disbursed \~$387 billion in COVID EIDL loans to 3.9 million businesses.
About 1.3 million are in default, liquidation, or charged off.
Zero — ZERO — have been referred to DOJ for civil litigation.
The 6-year lawsuit statute starts closing THIS YEAR on 2020 defaults.
7/ So the government's entire collection strategy for hundreds of billions in bad loans comes down to:
Treasury offset.
Which requires a functioning IRS certification chain.
Which requires a Commissioner.
Which they don't have.
8/There are also serious questions about whether the personal guarantees on these loans were validly executed at all.
The EIDL "guarantee" was a webpage click-through.
Anyone with portal access could click it.
The loan documents say signatories became "Borrowers" — not Guarantors.
9/A Borrower and a Guarantor are legally distinct.
Treasury offset is designed to collect from debtors.
If the individual is not legally a guarantor — just an officer who clicked on behalf of an entity — placing their SSN in the TOP database may have no legal foundation.
10/If you have a personally guaranteed EIDL loan in default:
❌ Don't make partial payments without attorney review — restarts the 6-year litigation clock
❌ Don't enter Treasury payment plans before counsel reviews your guarantee documents
✅ Request SBA produce the signed guarantee
11/ The government needs a Commissioner to complete the only EIDL collection tool it has at scale.
It doesn't have one.
The personal guarantee validity questions are serious and largely untested in court.
And the litigation statute is running out.