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Fri Feb 1, 2019, 08:07 AM

Question

If the house votes to obtain Trumps tax returns - does he legally have to comply? And if he doesn't what are the consequences?

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Reply Question (Original post)
Seedersandleechers Feb 2019 OP
manor321 Feb 2019 #1
Seedersandleechers Feb 2019 #2
onenote Feb 2019 #3
scarytomcat Feb 2019 #4
brooklynite Feb 2019 #5

Response to Seedersandleechers (Original post)

Fri Feb 1, 2019, 08:14 AM

1. This is probably a question for lawyers, but I'll give my opinion

 

As a coequal branch, I can't imagine why the House can't get the President's tax returns as long as they have a legislative or investigative purpose (which they clearly do). That's not to say they could grab anyone's tax returns of any private citizen for no reason.

In the end, I think the Supreme Court would decide, assuming the President resisted. IMHO, the Supreme Court would rule 9 - 0 that the House can see them.

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Response to manor321 (Reply #1)

Fri Feb 1, 2019, 08:32 AM

2. I was thinking that perhaps

if the house voted to obtain tax returns due to an ongoing investigation that they could go directly to the IRS. Maybe just wishful thinking.

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Response to Seedersandleechers (Original post)

Fri Feb 1, 2019, 09:00 AM

3. The House doesn't have to vote. The Chair of the Ways & Means Committee

(among others) can demand them from the Secretary of the Treasury pursuant to subsection (f) of the following statutory provision:
https://www.law.cornell.edu/uscode/text/26/6103

Of course, while the statute says the Secretary of the Treasury "shall" provide the returns, you can bet your bottom dollar that Steve Mnuchin will ignore or refuse to comply with the request, setting up a court battle.

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Response to Seedersandleechers (Original post)

Fri Feb 1, 2019, 09:18 AM

4. I would think the IRS would have to supply them when asked

with a legitimate reason

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Response to Seedersandleechers (Original post)

Fri Feb 1, 2019, 09:20 AM

5. They don't come from him; they come from the IRS

What will likely happen is a legal challenge over the House's right to request them.

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