I learned from the indefatigable and brilliant Jennifer Taub in a FB post this morning that Congress has
“the power to request Donald [Trump’s] tax returns. The Internal Revenue Code says so. Specifically 26 U.S.C. § 6103(f)(1). This provision allows the Chair of three different Committees to each ask the Treasury Secretary to furnish any tax returns. Importantly, only one Committee vote is needed not a full vote of Congress. Also, although language seems to preclude sharing the returns with the public, this can happen. Quoting Reuters: ‘The three committees do not need permission from Congress as a whole to review tax records behind closed doors, according to tax experts and congressional aides. However, they face a higher barrier if they want to make that information public. “There has to be a legitimate purpose for that disclosure. It has to be in the public interest,” said George Yin, a former Joint Committee on Taxation chief of staff who now teaches at the University of Virginia.’
As Congressman Prascell tweeted last night ‘I ain’t going away.’ Neither are we. Time to call, postcard, email and tweet. Ask for Donald’s tax returns going back to 1995 when, according to leaked records analyzed by experts, he apparently claimed a $916 million loss[:] [d]ue to business failures. This allowed him likely to avoid taxes for years and years. Phones may be full. So call again on Monday after 8:30 am.” The following is also courtesy of Professor Taub:
Rep. Kevin Brady, Chair of House Ways and Means Committee:
Call (202) 225-3625 or write
1102 Longworth HOB
Washington D.C. 20515
or tweet @RepKevinBrady;
Senator Chuck Grassley, Chair of the Senate Finance Committee:
Call 202-224-4515 or write to
U.S. Sen. Committee on Finance
219 Dirksen Office Bldg
Washington, DC 20510-6200
or tweet @ChuckGrassley; and
Senator Orrin Hatch, Chair of the Joint Committee on Taxation:
Call: (202) 225‑3621 or write to
The Joint Committee on Taxation
502 Ford House Office Building
Washington, DC. 20515
or tweet @SenOrrinHatch
Should you be inclined not to trust a post by one of my FB friends, however esteemed, see too this piece today in The Washington Post by George K. Yin (cited above), a professor of law and taxation: “Congress has the power to obtain and release Trump’s tax returns:”
“Though our new president may not realize it, Congress has the power to obtain his tax returns and reveal them to the public without his consent, including returns under audit. As just urged by Rep. Bill Pascrell Jr. (D-N.J.), legislators seeking information on President Trump’s possible conflicts of interest should immediately exercise this authority rather than wait for the passage of new veto-proof legislation — a highly uncertain prospect — that would have the same effect.
[….] Any investigation and disclosure might be made unnecessary if Trump simply took the steps needed to remove even an appearance of a possible conflict of interest. He should consider this option if he remains keen on protecting the secrecy of his tax information.” Read the full article here.
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