Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
6 replies, 894 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (3)
ReplyReply to this post
6 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Any thoughts on this? (Original Post)
bluestarone
May 2019
OP
empedocles
(15,751 posts)1. Every effort that goes in the news helps.
bluestarone
(16,722 posts)2. I kinda like the idea of suing Mnuchin!
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?
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?
bluestarone
(16,722 posts)5. EXACTLY
We al know the real reason! Mnuchin could be guilty of obstruction i feel
blueinredohio
(6,797 posts)4. They didn't care about suing Cummings, so go for it.
Rhiannon12866
(203,021 posts)6. Article text: How to Get Trump's Tax Returns--Without a Subpoena
A 1924 law suggests Democrats can sue the Treasury Department if it doesnt turn over the presidents 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 Trumps tax returns is hardening into a stalemate between the Democratic House and Trumps Treasury Department. In his April 23 letter to Ways and Means Chairman Richard Neal, Treasury Secretary Steven Mnuchin again refused Neals request that the IRS turn over several years of Trumps 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 Neals real purpose is to expose the presidents 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 Trumps 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 Neals request. Why? While the purpose behind Neals requestthe central disagreement between the two menis relevant to enforce a subpoena, it might not be relevant for the law Neal is invoking.
In requesting Trumps 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 taxpayers 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 Neals action, says nothing about the need for any specific purpose or justification and doesnt 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 purposecongressional oversightthat clearly satisfies this requirement. Even Mnuchin seems to concede this point by contending that Neals stated purpose isnt his real one.
If Mnuchin continues to refuse the request for Trumps tax information, Neal has two paths he could take. Oneinvoking Congress general investigative power and issuing a subpoena to get the tax informationwill present the question of what Neals purpose is. The othersuing Mnuchin for not complying with the 1924 lawmight 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
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 Trumps tax returns is hardening into a stalemate between the Democratic House and Trumps Treasury Department. In his April 23 letter to Ways and Means Chairman Richard Neal, Treasury Secretary Steven Mnuchin again refused Neals request that the IRS turn over several years of Trumps 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 Neals real purpose is to expose the presidents 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 Trumps 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 Neals request. Why? While the purpose behind Neals requestthe central disagreement between the two menis relevant to enforce a subpoena, it might not be relevant for the law Neal is invoking.
In requesting Trumps 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 taxpayers 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 Neals action, says nothing about the need for any specific purpose or justification and doesnt 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 purposecongressional oversightthat clearly satisfies this requirement. Even Mnuchin seems to concede this point by contending that Neals stated purpose isnt his real one.
If Mnuchin continues to refuse the request for Trumps tax information, Neal has two paths he could take. Oneinvoking Congress general investigative power and issuing a subpoena to get the tax informationwill present the question of what Neals purpose is. The othersuing Mnuchin for not complying with the 1924 lawmight 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