# Does the President have the legal right to look at the tax returns of any citizen (Donald Trump)? **URL:** \ **Category:** Politics & Elections\ **Created:** [August 4, 2016, 5:10pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755 "2016-08-04T17:10:37Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Skinnybones\_Lampshade](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skinnybones_lampshade/32/2872_2.png) [@Skinnybones\_Lampshade](https://boards.straightdope.com/u/Skinnybones_Lampshade)\ **Post date:** [August 4, 2016, 5:10pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/1 "2016-08-04T17:10:37Z")
I apologize if these questions have been asked, but I was unable to find a similar thread, so here goes: Would it be legal and proper for President Obama to peruse Donald Trump’s tax returns (or those of any U.S. citizen he chooses) for the last five years? (If it is legal for him to do so, I presume that it would be illegal for him to share that information publicly. Is that correct?) Also, is it legal for him to investigate whether or not Trump is actually being audited and to determine the progress of the audit, if it is true, or to call him out on it, if it is not? If neither of these actions is legal for the President to take, is there someone (the director of the F.B.I. maybe?) who does have that authority? Would there have to be certain conditions present before such an action could be taken? Thanks for any illumination on this. It keeps nagging at me, so I thought I’d come to the place where someone is likely to have the answer! ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 4, 2016, 5:34pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/2 "2016-08-04T17:34:21Z")
Nobody other than the relevant IRS staff has a legal right to look at returns. That includes the President. [26 U.S. Code § 6103 - Confidentiality and disclosure of returns and return information](https://www.law.cornell.edu/uscode/text/26/6103) I don’t know whether a court order can force them to be revealed. I don’t remember hearing of that, though. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [August 4, 2016, 5:50pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/3 "2016-08-04T17:50:17Z")
> [@Exapno\_Mapcase](#): > > Nobody other than the relevant IRS staff has a legal right to look at returns. That includes the President. Actually, the provision you cite specifically permits disclosure of a person’s tax return to the President upon request. See section (g). Disclosure to other federal officials for various law enforcement purposes is provided for in section (h) and (i). Disclosure to state officials is permitted for state tax enforcement purposes. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [August 4, 2016, 6:00pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/4 "2016-08-04T18:00:49Z")
> [@Tom\_Tildrum](#): > > Actually, the provision you cite specifically permits disclosure of a person’s tax return to the President upon request. See section (g). It also includes: > [@](#): > > Any such request shall state— > \ > (D) the specific reason why the inspection or disclosure is requested. Somehow, I don’t think “I want to fuck with his Presidential campaign” would be cool. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 4, 2016, 6:04pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/5 "2016-08-04T18:04:52Z")
> [@Tom\_Tildrum](#): > > Actually, the provision you cite specifically permits disclosure of a person’s tax return to the President upon request. See section (g). Disclosure to other federal officials for various law enforcement purposes is provided for in section (h) and (i). Disclosure to state officials is permitted for state tax enforcement purposes. Here’s what (g) (2) says: > [@](#): > > Such return information shall be limited to whether such individual— > (A) has filed returns with respect to the taxes imposed under chapter 1 for not more than the immediately preceding 3 years; > (B) has failed to pay any tax within 10 days after notice and demand, or has been assessed any penalty under this title for negligence, in the current year or immediately preceding 3 years; > (C) has been or is under investigation for possible criminal offenses under the internal revenue laws and the results of any such investigation; or > (D) has been assessed any civil penalty under this title for fraud. That does not include the information _on_ the return. It is nowhere near allowing the President to “peruse the return.” Yes, the information is available for tax prosecutions. And it also appears to become available via court order. [Author who’s seen Trump’s tax returns says documents would expose lies about his wealth.](http://www.rawstory.com/2016/08/author-whos-seen-trumps-tax-returns-says-documents-would-expose-lies-about-his-wealth/?utm_source=fark&utm_medium=referral&utm_campaign=im&utm_tracker=1737131x84899) ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 4, 2016, 6:09pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/6 "2016-08-04T18:09:00Z")
> [@CarnalK](#): > > It also includes: > > Somehow, I don’t think “I want to fuck with his Presidential campaign” would be cool. But is it allowed? 😃 ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [August 4, 2016, 6:11pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/7 "2016-08-04T18:11:26Z")
> [@Exapno\_Mapcase](#): > > Here’s what (g) (2) says: > > That does not include the information _on_ the return. It is nowhere near allowing the President to “peruse the return.” I don’t think it’s correct to read (g)(2) as a limitation on (g)(1)'s general authority of the President to request a return. I read them as separate instances where disclosure is permitted, under different restrictions. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 4, 2016, 6:17pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/8 "2016-08-04T18:17:29Z")
> [@Tom\_Tildrum](#): > > I don’t think it’s correct to read (g)(2) as a limitation on (g)(1)'s general authority of the President to request a return. I read them as separate instances where disclosure is permitted, under different restrictions. You may be right. (g) (2) does seem to pertain only to a person under consideration for an appointment. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [August 4, 2016, 6:27pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/9 "2016-08-04T18:27:53Z")
> [@running\_coach](#): > > But is it allowed? 😃 Looks like it but he would probably face serious pushback from the IRS. The privacy of tax returns is pretty sacrosanct and handing them over for a political attack would seriously damage the agency’s credibility and reputation. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [August 4, 2016, 6:35pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/10 "2016-08-04T18:35:24Z")
> [@Exapno\_Mapcase](#): > > You may be right. (g) (2) does seem to pertain only to a person under consideration for an appointment. I was actually rather surprised myself to find that (g)(1) seemed so broad. I wonder if there may be case law or regulations impliedly limiting its application somehow. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 4, 2016, 7:20pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/11 "2016-08-04T19:20:20Z")
I thought I remembered that Nixon asked for tax returns and that was considered up there with Watergate as one his big crimes. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [August 4, 2016, 8:41pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/12 "2016-08-04T20:41:06Z")
> [@Exapno\_Mapcase](#): > > I thought I remembered that Nixon asked for tax returns and that was considered up there with Watergate as one his big crimes. Maybe he did it in some secretive, back-channel way. ---
**Author:** ![dracoi](https://avatars.discourse-cdn.com/v4/letter/d/90db22/32.png) [@dracoi](https://boards.straightdope.com/u/dracoi)\ **Post date:** [August 4, 2016, 9:59pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/13 "2016-08-04T21:59:23Z")
> [@Tom\_Tildrum](#): > > I was actually rather surprised myself to find that (g)(1) seemed so broad. I wonder if there may be case law or regulations impliedly limiting its application somehow. Since the IRS is under the authority of the Treasury and the Treasury is under authority of the President, I’m not particularly surprised that it’s so broad. It could be a little awkward if the President was not able to get access to information his subordinates were using. However, the rules about confidentiality still prevent Obama from sharing the return with reporters, the public, etc. ---
**Author:** ![dracoi](https://avatars.discourse-cdn.com/v4/letter/d/90db22/32.png) [@dracoi](https://boards.straightdope.com/u/dracoi)\ **Post date:** [August 4, 2016, 10:06pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/14 "2016-08-04T22:06:35Z")
> [@Exapno\_Mapcase](#): > > I thought I remembered that Nixon asked for tax returns and that was considered up there with Watergate as one his big crimes. It wasn’t just looking at the returns, it was demanding that the IRS audit his enemies: [http://www.washingtonpost.com/wp-dyn/content/article/2009/02/05/AR2009020503675.html](http://www.washingtonpost.com/wp-dyn/content/article/2009/02/05/AR2009020503675.html) (This article also mentions that confidentiality over tax returns was tightened through legislation passed in 1976, so the standard for Nixon would be different than the standard for Obama.) There’s another Nixon/tax/Watergate connection as well. During investigations into Watergate, Nixon’s own returns came under fire. Here’s an article that covers the issue in light of Trump’s current refusal: [Bloomberg - Are you a robot?](http://www.bloomberg.com/view/articles/2016-08-02/nixon-s-failed-effort-to-withhold-his-tax-returns) ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 4, 2016, 10:08pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/15 "2016-08-04T22:08:58Z")
> [@Exapno\_Mapcase](#): > > I thought I remembered that Nixon asked for tax returns and that was considered up there with Watergate as one his big crimes. I think he was either going to or already was siccing the IRS on his enemies. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 4, 2016, 10:18pm UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/16 "2016-08-04T22:18:39Z")
> [@dracoi](#): > > It wasn’t just looking at the returns, it was demanding that the IRS audit his enemies: [http://www.washingtonpost.com/wp-dyn/content/article/2009/02/05/AR2009020503675.html](http://www.washingtonpost.com/wp-dyn/content/article/2009/02/05/AR2009020503675.html) > (This article also mentions that confidentiality over tax returns was tightened through legislation passed in 1976, so the standard for Nixon would be different than the standard for Obama.) Thanks. That’s probably what set off my memory. Here’s an amazing quote from that article. > [@](#): > > He later said restrictions on seeing tax returns were so lax that the IRS ran virtually “a lending library” of private tax data, and governors sometimes were shown tax records of their opponents. No wonder they tightened regulations! ---
**Author:** ![OldOlds](https://avatars.discourse-cdn.com/v4/letter/o/a3d4f5/32.png) [@OldOlds](https://boards.straightdope.com/u/OldOlds)\ **Post date:** [August 5, 2016, 12:06am UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/17 "2016-08-05T00:06:16Z")
But the other question hasn’t been answered, and I think it’s an interesting one. Could the president direct the IRS to hurry up and finish the audit- while clearly indicating no influence on the result- and do so publicly, claiming a pressing public interest due to the impending election? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [August 5, 2016, 12:13am UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/18 "2016-08-05T00:13:57Z")
> [@OldOlds](#): > > But the other question hasn’t been answered, and I think it’s an interesting one. Could the president direct the IRS to hurry up and finish the audit- while clearly indicating no influence on the result- and do so publicly, claiming a pressing public interest due to the impending election? Trump is merely using the audit as an excuse. There is no legal reason for him not to release his tax returns, audit or no audit. Nixon did. The fact an audit exists is irrelevant. That’s beside the issue of whether a hurried audit is a good idea and whether Trump could delay the audit by not cooperating fully or on a timely basis. And how a Democrat president could possibly look good for interfering in any way. ---
**Author:** ![digs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/digs/32/14889_2.png) [@digs](https://boards.straightdope.com/u/digs)\ **Post date:** [August 5, 2016, 1:17am UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/19 "2016-08-05T01:17:26Z")
Could someone pressure The Donald by reminding him that he’d better release what’s in his taxes because if he doesn’t, maybe Obama might kinda take a look at them, and somebody might blab to the lamestream media? ---
**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\ **Post date:** [August 5, 2016, 2:42am UTC](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755/20 "2016-08-05T02:42:03Z")
> [@CarnalK](#): > > Looks like it but he would probably face serious pushback from the IRS. The privacy of tax returns is pretty sacrosanct and handing them over for a political attack would seriously damage the agency’s credibility and reputation. You must be new around here. The IRS’s reputation was ruined at least 30 years ago. Let me introduce you to the 1997 Roth hearings. > [@](#): > > Senators looking into alleged IRS abuses produced a long parade of witnesses who described Gestapo-like tactics employed by the tax agency. > > “I can personally attest to the use of egregious tactics used by IRS revenue agents which are encouraged by members of the IRS management,” Long said. “These tactics, which appear nowhere in the IRS manual, are used to extract unfairly assessed taxes from taxpayers, literally ruining families lives and businesses, all unnecessarily and sometimes illegally.” [http://www.cnn.com/ALLPOLITICS/1997/09/24/irs.hearing/](http://www.cnn.com/ALLPOLITICS/1997/09/24/irs.hearing/) [Next page](https://boards.straightdope.com/t/does-the-president-have-the-legal-right-to-look-at-the-tax-returns-of-any-citizen-donald-trump/761755.md?page=2)