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Any thoughts on this? (Original Post) bluestarone May 2019 OP
Every effort that goes in the news helps. empedocles May 2019 #1
I kinda like the idea of suing Mnuchin! bluestarone May 2019 #2
It's become such a big deal - what is Chump trying to hide anyway? FakeNoose May 2019 #3
EXACTLY bluestarone May 2019 #5
They didn't care about suing Cummings, so go for it. blueinredohio May 2019 #4
Article text: How to Get Trump's Tax Returns--Without a Subpoena Rhiannon12866 May 2019 #6

bluestarone

(16,722 posts)
2. I kinda like the idea of suing Mnuchin!
Sun May 5, 2019, 11:30 AM
May 2019

Personally, to see what reason he uses to block access to the taxes.

FakeNoose

(32,356 posts)
3. It's become such a big deal - what is Chump trying to hide anyway?
Sun May 5, 2019, 11:39 AM
May 2019

You know, I don't really care what his annual income is, nor do I need to know what he pays the IRS. What frosts me is the high level of arrogance and secrecy over this issue. What are you trying to hide, Chump?

Rhiannon12866

(203,021 posts)
6. Article text: How to Get Trump's Tax Returns--Without a Subpoena
Mon May 6, 2019, 03:49 AM
May 2019
A 1924 law suggests Democrats can sue the Treasury Department if it doesn’t turn over the president’s taxes.

By GEORGE K. YIN May 04, 2019

George K. Yin is the Edwin S. Cohen Distinguished Professor of Law and Taxation at the University of Virginia School of Law and a former chief of staff of the congressional Joint Committee on Taxation.

Congress’ pursuit of President Donald Trump’s tax returns is hardening into a stalemate between the Democratic House and Trump’s Treasury Department. In his April 23 letter to Ways and Means Chairman Richard Neal, Treasury Secretary Steven Mnuchin again refused Neal’s request that the IRS turn over several years of Trump’s personal and business tax returns. Neal, a Democrat from Massachusetts, has said the purpose of his request is congressional oversight. Mnuchin dismisses this explanation as contrived and contends that Neal’s real purpose is “to expose the president’s tax returns for the sake of exposure,” which Mnuchin claims is illegitimate.

According to news reports, if Mnuchin continues to resist, Neal might issue a subpoena to get Trump’s tax information. Neal, however, would be better off not issuing a subpoena but instead suing Mnuchin for his failure to comply with the law underlying Neal’s request. Why? While the purpose behind Neal’s request—the central disagreement between the two men—is relevant to enforce a subpoena, it might not be relevant for the law Neal is invoking.

In requesting Trump’s tax returns, Neal is relying on a 1924 law (now found in 26 USC 6103(f)(1)), passed in the wake of scandals such as Teapot Dome, that explicitly authorizes the House Ways and Means Committee chief to obtain any taxpayer’s tax return information by asking for it in writing. The law is clear and direct, stating that the Treasury secretary “shall furnish” any information requested. The plain language places no condition on Neal’s action, says nothing about the need for any specific purpose or justification and doesn’t enumerate any circumstances under which Mnuchin may decline to comply.

Since the meaning of this law, to my knowledge, has never been interpreted by a court, I have previously written that the committee, as a precaution, should have a legitimate legislative purpose to request tax information. I arrived at that conclusion based on analogous law involving the enforcement of congressional subpoenas: Because a subpoena ordinarily furthers Congress’ general investigative power, the courts have not unreasonably concluded that enforcement of a subpoena depends on whether the purpose of the investigation is consistent with one of Congress’ constitutional responsibilities. Neal has taken that precaution and stated a purpose—congressional oversight—that clearly satisfies this requirement. Even Mnuchin seems to concede this point by contending that Neal’s stated purpose isn’t his real one.

If Mnuchin continues to refuse the request for Trump’s tax information, Neal has two paths he could take. One—invoking Congress’ general investigative power and issuing a subpoena to get the tax information—will present the question of what Neal’s purpose is. The other—suing Mnuchin for not complying with the 1924 law—might not, based on both the language and background of the law.


More: https://www.politico.com/magazine/story/2019/05/04/donald-trump-tax-return-law-226790


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