IRS Draft Form 1040 Asks Citizenship Question

The IRS periodically releases draft tax forms, and yesterday a new draft of Form 1040 was released.  In “Other Information” the IRS asks the following question:

At the time you file your return, are you, and your spouse if filing jointly, a U.S. citizen, U.S. national, or an alien lawfully authorized to work in the U.S.?

Now, this is just a draft form–a draft does not mean this will be on the actual Form 1040 that you and I file next year. Given current litigation against anything that the Trump Administration proposes, I suspect lawsuits will be incoming soon.

The question that courts must determine is whether there are legitimate reasons for the IRS to need this information.  I can think of some but it will be interesting to see how courts rule.

Here is a picture of the draft from and the question.

Draft Form 1040

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