Trump Return Litigation
Please excuse us…we don’t do this too often, but this one wins a prize. The full case text is at
Trump Return Litigation – The House Ways and Means Committee sued Treasury and its Secretary Steven Mnuchin, the Internal Revenue Service and Commissioner Chuck Rettig in a Washington, D.C., federal court after they rejected multiple requests and a subpoena for six years’ worth of Trump’s tax information. Ways and Means Chairman Richard Neal, D-Mass., made the request for Trump’s tax information under Section 6103 of the Internal Revenue Code, which states that the Treasury secretary “shall furnish” the tax records of any individual to the chairs of the Ways and Means Committee, Senate Finance Committee or the Joint Committee on Taxation upon their request.
“Defendants have now—for what the Committee believes is the first time ever— denied a Section 6103(f) request in order to shield President Trump’s tax return information from Congressional scrutiny,” the complaint said. “In refusing to comply with the statute, Defendants have mounted an extraordinary attack on the authority of Congress to obtain information needed to conduct oversight of Treasury, the IRS, and the tax laws on behalf of the American people who participate in the Nation’s voluntary tax system.
Neal and Mnuchin had previously said that they expected the request for Trump’s tax returns to land in court. The dispute will likely be decided by the Supreme Court, given that either side would appeal an unfavorable ruling.
In his suit, Neal averred that Congress’ broad oversight authority easily surpasses the legal bar for obtaining the documents. In his original request, Neal said that the committee had an interest in reviewing the IRS’ auditing practices as they relate to the president’s tax return information.
Mnuchin has previously said that he would not comply with Neal’s request because it lacked a “legitimate legislative purpose” and was politically motivated. In a legal memorandum released in June, the U.S. Department of Justice said Mnuchin should not comply with the request because House Democratic lawmakers intend to publicly disclose Trump’s tax information.
Now that the battle over Trump’s tax returns has hit the court system, the process could drag out beyond the November 2020 elections.
Trump Return Litigation
The complaint can be found here.