Ohio's Republican Senator had given the agency until 5pm Friday to respond.
The IRS has missed a deadline to answer questions from three U.S. Senators, including Ohio Sen. Rob Portman, about the targeting of conservative groups.
"We did ask the IRS some questions which were pretty straightforward questions, 41 questions," said Portman.
Now that the deadline has come and gone with no answers to those questions Portman says they'll have to consider other options that could include appointing a special counsel.
"They would have the ability to impanel a grand jury and seek indictments and so on," Portman said.
He hopes they don't have to go that route and that the Administration will decide that it's better to come clean about what happened.
"Until we find out what happened it's very difficult to keep it from happening again," Portman said.
Portman says there should be no politics at the IRS.
"They have incredible power over all our lives. You want to be sure they are enforcing law and doing it in a very impartial way without any bias one way or the other," he said.