I wonder how safe the Commissioner’s job is? Because if he were a Supreme Court justice, someone crowing that he is a political hack in the President’s pocket would be a surefire way to rule against him just to establish his independence.
I just thought of another important reason congress needs to look over Trumps returns as part of its oversight duty. According to Trump, they are under Audit. Which means that members of the IRS are looking them over to see if they were done legitimately. But in this negotiation over the release it is clear that Mulvaney expects the IRS to do as its told. One might question whether this do as your told would extend to granting Trump a complete pass on any current taxes; write him refunds for all taxes paid in the last X number of years; and also, just because he’s that petty, issue him a $6,557 earned income tax credit.
It makes sense to have a second pair of eyes, who aren’t in danger of being fired if they come up with the “wrong” answer, look over his returns for accuracy.
I thought the law said that the treasury secretary was the one responsible for turning over the information, not the IRS commissioner. Do I have that wrong?
That’s my understanding as well, so the onus would be on him for whatever penalty would be for refusal to comply- contempt of Congress?
THIS Congress?? :D:D R-i-i-i-ght.
Another interesting possibility, although I have no way of measuring the probability of it happening, is the 6103 (f) (5) subsection, which allows a whistleblower to release it to the requester under certain circumstances.
Well, well, welly-welly well.
Turns out you both might be right, but with a serious catch.
According to former Treasury Secretary Larry Summers, there is a provision that places the entire matter independently in the hands of the IRS Commissioner intended to preserve independence of the IRS, and that if Mnuchin wants to take back that power, he must notify the IRS Commissioner and Congress in writing as soon as possible. Summers went so far as to say that if Mnuchin makes the decision to withhold the returns, is is “probably illegal.”
I was thinking more along the lines of, making the secretary the responsible party, then firing the secretary and not filling it. Then no one is responsible.
Nothing will surprise me. The only thing that won’t surprise me is that it will be illegal.
We could claim it was a sin, but that would be up to the Acting God Almighty.