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OLC Opinion: Congressional Committee's Request for the President's Tax Returns
U.S. Office of Legal Counsel ^ | June 13, 2019 | Steven A. Engel

Posted on 06/14/2019 3:04:30 PM PDT by Cboldt

The provisions in 26 U.S.C. S: 6103 protecting confidentiality of tax returns prohibited the Department of the Treasury from complying with a request by the Chairman of the House Ways and Means Committee for the President's tax returns. The text of section 6103(f), the statutory exception under which the request was made, does not require the Committee to state any purpose for its request. But Congress could not constitutionally confer upon the Committee the right to compel the Executive Branch to disclose confidential information without a legitimate legislative purpose. Under the facts and circumstances, the Secretary of the Treasury reasonably and correctly concluded that the Committee's asserted interest in reviewing the Internal Revenue Service's audits of presidential returns was pretextual and that its true aim was to make the President's tax returns public, which is not a legitimate legislative purpose.

Because section 6103(a) prohibited the disclosure of the tax returns sought in the Chairman's request, as well as in the corresponding subpoenas, the Department of the Treasury's refusal to provide the information did not violate either 26 U.S.C. S: 7214(a)(3) or 2 U.S.C. S: 192.

(Excerpt) Read more at justice.gov ...


TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections; US: Michigan; US: Minnesota
KEYWORDS: ilhanomar; incometaxes; michigan; minnesota; rashidatlaib; taxcutsandjobsact; taxreform; taxreturn; tcja; trumpstaxreturns
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To: Cboldt

Now let’s subpoena the OLC’s resident Trump stooge, and hold him in contempt, and demand HIS returns! Pant. Pant. Pant. Mouth froth.


21 posted on 06/15/2019 11:34:12 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Cboldt

The only taxes I could even think they would be privy to would be taxes for tax years WHILE DJT has been President, and even then, I think they would need probable cause. Tax years prior to Presidency are frankly no ones business, IMVHO.


22 posted on 06/17/2019 11:36:13 AM PDT by Sam Gamgee
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To: Sam Gamgee
The legislature is not a "probable cause" venue. That's for law enforcement. Separation of powers thing.

Congress has two paths it can take. Repeal the privacy law and make all tax return public records, or come up with a legislative purpose that is not pretextual, as this demand obviously is.

23 posted on 06/17/2019 11:47:09 AM PDT by Cboldt
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To: Cboldt

I agree. Basically their argument is “Our hate for Trump is enough of a cause to get his taxes”


24 posted on 06/17/2019 12:09:12 PM PDT by Sam Gamgee
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