Thursday, April 25, 2019

Statute requires IRS to furnish Congressional committe with Trump's tax returns

Doug Sword
April 23, 2019


Neal’s authority to seek the president’s tax returns stems from Section 6103 of the tax code, which states that upon “written request” from the chairman of either of the two tax-writing committees “the Secretary shall furnish such committee with any return or return information specified” in the request.

“The statute is very clear and seems like very strong support for what Mr. Neal is trying to do,” said Yin, who said he’d advise Mnuchin to proceed cautiously. “I think he obviously needs to think very seriously about that; now he might not care if he gets fired, but I think he would care if he gets sent to jail.”

The best route, to McDaniel’s thinking, is for the House to find Mnuchin in contempt of Congress.

The House “could then apply to a court to enforce that contempt order, by requiring him to turn it over or suffer some coercive penalty,” McDaniel said. “They fine somebody, or put them in jail until they comply.”

Issuing a subpoena for the returns, McDaniel said, would be a waste of time, since the statute clearly states Mnuchin “shall furnish” any tax return requested by the Ways and Means chairman. “This statute is good and it’s better than a subpoena,” said McDaniel, who said he’d advise Neal to pursue a standalone court case if the contempt of Congress route isn’t taken.


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