Tax-return fight tests Mnuchin's loyalty to Trump

The wording is the concern. It may be Executive Privilege covers it, the the wording seems to otherwise allow Congress to get income tax returns.

Code here:

https://www.law.cornell.edu/uscode/text/26/6103

(f) Disclosure to Committees of Congress

(1) Committee on Ways and Means, Committee on Finance, and Joint Committee on Taxation

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

(2) Chief of Staff of Joint Committee on Taxation

Upon written request by the Chief of Staff of the Joint Committee on Taxation, the Secretary shall furnish him with any return or return information specified in such request. Such Chief of Staff may submit such return or return information to any committee described in paragraph (1), except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

(3) Other committees

Pursuant to an action by, and upon written request by the chairman of, a committee of the Senate or the House of Representatives (other than a committee specified in paragraph (1)) specially authorized to inspect any return or return information by a resolution of the Senate or the House of Representatives or, in the case of a joint committee (other than the joint committee specified in paragraph (1)) by concurrent resolution, the Secretary shall furnish such committee, or a duly authorized and designated subcommittee thereof, sitting in closed executive session, with any return or return information which such resolution authorizes the committee or subcommittee to inspect. Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other source.

(4) Agents of committees and submission of information to Senate or House of Representatives

(A) Committees described in paragraph (1)

Any committee described in paragraph (1) or the Chief of Staff of the Joint Committee on Taxation shall have the authority, acting directly, or by or through such examiners or agents as the chairman of such committee or such chief of staff may designate or appoint, to inspect returns and return information at such time and in such manner as may be determined by such chairman or chief of staff. Any return or return information obtained by or on behalf of such committee pursuant to the provisions of this subsection may be submitted by the committee to the Senate or the House of Representatives, or to both. The Joint Committee on Taxation may also submit such return or return information to any other committee described in paragraph (1), except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

(B) Other committees

Any committee or subcommittee described in paragraph (3) shall have the right, acting directly, or by or through no more than four examiners or agents, designated or appointed in writing in equal numbers by the chairman and ranking minority member of such committee or subcommittee, to inspect returns and return information at such time and in such manner as may be determined by such chairman and ranking minority member. Any return or return information obtained by or on behalf of such committee or subcommittee pursuant to the provisions of this subsection may be submitted by the committee to the Senate or the House of Representatives, or to both, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer, shall be furnished to the Senate or the House of Representatives only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

This is not legitimate. This is a time and place to draw the line and refuse them. The precedent for ignoring congressional subpoenas is well established in the last 8 years.

It may be Executive Privilege covers it, the the wording seems to otherwise allow Congress to get income tax returns.

That's not the way I read it. -

(a) General rule - Returns and return information shall be confidential, and except as authorized by this title—

(1) no officer or employee of the United States,

shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section.

****

I skimmed the rest, but in every instance of disclosure to federal agencies and congress, it appears Trump would have to give his permission.

No problem, pull Lois Lerner out of retirement, explain that she will start an audit of all Democratic Congress members or the DOJ will indict her. Time to play a Hard Ball!

The committee can view the return in closed session UNLESS the individual other wise consents. Meaning the individual must consent for it to be shown in something other than a closed sessions. The indiividual does not have to consent for it tone shown in a closed session

The law seems quite plain. The only question is if it is constitutional.

This is the interesting wording.

“unless such taxpayer otherwise consents in writing to such disclosure.”

I would think that means a citizen can freely give it and the committee can use it, otherwise the committee can get it and use it without the citizen’s permission.

Like it matters what the law says????

Democrats don’t need no stinkin’ laws.

Forget semantics or lawyer talk

obama and hillary handed over almost NOTHING, and what they did hand over was worthless.

Give NOTHING.

Exactly

The wording of the statute here is as crystal clear as the statute giving Trump authority to ban immigration from any country he deemed necessary was.

Yet there were still Federal judges in Hawaii and Washington state willing to issue injunctions against Trump exercising his right under the law because of his "thoughts" on the matter. (I believe one of the opinions said something about "beyond the four corners" of the paper (Executive Order))

Time to appeal this to a Federal judge to get a preliminary injunction because of the Ways and Means Chairman's motivations behind obtaining these tax records.

The Ways and Means committee is not investigating any possible crime and need the returns as evidence. They are simply fishing for anything they can pin on Trump, which is an abuse of power.

Mnuchin ?

"We represent, the Lollipop Guild....

What “purpose”?

I would think that means a citizen can freely give it and the committee can use it, otherwise the committee can get it and use it without the citizen’s permission.

But, here's what's going to hang them up:

"Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other source."

Also, don't forget: the tax information they are seeking is BEFORE Trump was an elected official.

Also, don't forget: the tax information they are seeking is BEFORE Trump was an elected official.

Good point!

Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other source.

There's the key. They say their reason is their oversight responsibilities to make sire the IRS is properly doing their audits. Which could resaonably be accomplished by random taxpayer returns with identifying info (name, address, SS#, etc) redacted.

“Whether Mnuchin will faithfully execute the laws of the United States, or whether Mnuchin will bend to the will of the president”

There is no law that requires Trump to turn over his tax returns.

And there is no Constitutional mandate that allows the democrats to require it.

Trump's lawyers can draft a response to the House telling them that they have directed the IRS not to provide the returns on grounds of executive privilege, etc... The can then sue the IRS in a court of law and the President and his attorneys can intervene as the real party in interest. Mnuchin is safe here.

Or give them what they asked for. As provided in law, numbered copies could be made available just to the member of the committee in executive session, and taken back and destroyed when the session is over. Then anyone who mouths off about them can go before a grand jury for revealing confidential information ....

This won't be resolved for a couple of Congresses.

Wouldn’t the committee need to show cause? They can demand to see tax returns of citizens for political purposes?