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ALBANY – Democrat legislators in Albany are trying to do what their federal counterparts have failed so far: get President Trump's tax returns.
Albany lawmakers are looking for tax returns from states, not those of the federal government at the heart of the current stalemate in Washington. But a New York tax return – the president's home state and the seat of his business empire – could contain much of the same financial information as a federal statement.
Under a bill to be introduced this week, the Commissioner of the New York Department of Tax and Finance would be allowed to release any income tax returns requested by leaders of three congressional committees for purposes " specific and legitimate legislation ".
The bill is the most recent proposal from New York lawmakers who are trying to clear up the president's personal finances and his trade relations, but he could also open the door to accusations of politicizing the law of the country. 39 State to embarrass the president. -election campaign.
"We are creating a parallel track," added Senator Hoylman.
The bill would amend existing state laws that generally prohibit the disclosure of such private tax information and would cover a wide range of deposits, including personal income tax, corporation tax, and income tax. real estate transfer.
The planned introduction of the bill on Monday comes at the same time as the I.R.S. and the Washington Treasury Department decide whether or not to follow up on a request from the chairman of the House Ways and Means Committee, Representative Richard E. Neal of Massachusetts, requesting access, under the terms of the rule. a provision of the federal tax code, six years from his federal income tax return. April 10th.
Mr. Trump's personal attorney described Mr. Neal's operation as "blatant abuse of power" – an opinion that was supported by White House chief of staff Mick Mulvaney , who said Sunday that Democrats would "never see" the president 's tax. results. It remains to be seen whether federal tax collection agencies will share this view.
But with New York having a Democratic-controlled legislature and a Democratic governor, Andrew M. Cuomo, some officials see a way around such arguments. And Hoylman said he had broad legislative support in New York, one of the blueest states in the country, for the bill at the request of Congress.
Mr. Cuomo, a third-term Democrat who has repeatedly criticized Mr. Trump, has not responded to requests for comment on bills calling for the release of state tax returns. The White House declined to comment on the proposal.
Republican leaders were furious that New York officials would potentially allow Democrat-led committees to see the results back below their political nature.
"It's an act of results that targets only one person," said Ed Cox, president of the Republican Party of the State of New York, adding that the maneuver was "a scandalous policy" aimed at increasing the political prospects of Mr. Cuomo.
However, it was unclear whether the leaders of the Senate or the State Assembly would immediately adopt such a bill; similar measures blocked in the Assembly during the last legislative session.
Hoylman said he felt the new bill might dispel concerns over the massive disclosure of personal information about politicians that led to other legislative attempts in Albany to force the release of M's taxes. Trump to be dismissed. Previous efforts had also encountered the opposition of Republicans in the Senate, who lost their majority after a disastrous election cycle in 2018.
Under the new proposal, the disclosure of tax information would require a formal request from a congressional committee and would only occur after the failure of other efforts to obtain federal tax information through the through the Treasury Department.
Mr. Hoylman's bill is one of three projects proposed in at least the last few years for the release of Mr. Trump's tax returns, including legislation that he co-sponsored with Assemblyman. David Buchwald, a Westchester County Democrat.
Most of these officials publish or provide access to their tax returns, but Buchwald said the truth bill was the "best practical opportunity to file the president's tax return."
"Obviously, when someone occupies one of these positions, he has to meet more stringent standards," said Buchwald, adding that such revenues would reveal a "global income" as well as potential conflicts of interest.
"I think it's a good general principle for us to promote," Mr Buchwald said. The bill, introduced for the first time in 2017, now has enough co-sponsors to adopt the Assembly and the Senate.
A third bill, also sponsored by Hoylman, would require presidential and vice-presidential candidates to disclose their old tax returns to appear on the primary and general ballots. Similar efforts are also being considered in more than a dozen other states, including California and New Jersey.
Daniel Hemel, an adjunct professor of tax law at the University of Chicago, said that the New York state legislature could authorize the release of Trump's statements, but that thorny legal issues are also at stake, particularly because of federal laws. protect tax information. For example, if New York disclosed information on federal returns contained in the state's tax return, Mr. Hemel stated that the Internal Revenue Service "could possibly end cooperation with the company." 39; state. "
However, added Mr. Hemel, the I.R.S. would face "legal and practical obstacles if he tried to retaliate against New York", and "there is a lot of information on Trump's tax return that is not federal reporting information," including adjusted gross income and New York State taxes.
Under the bill to be introduced on Monday, the chair of three committees – the Senate Committee on Finance; the House Ways and Means Committee; and the Joint Committee on Taxation – may request tax returns from the New York Department of Taxation.
Each will have to submit written requests for information, which will also be the subject of a request to the United States Treasury Department.
"The return of the state, presumably, must match that of the federal government," he said, adding, "This simply makes the work of the federal committee, which has a legitimate reason to consider this issue, a little more easily to get a complete picture. "
He added that the bill would provide a fairly quick alternative to the White House's opposition to the disclosure of the president's tax returns. "It would help defend the rule of law," Nadler said.
Mr. Cuomo, who gives the media access to his annual tax returns every April (although he does not allow reporters to make copies of them), expressed his support for the increased disclosure of such information by candidates for positions of state officials and legislative positions. But a proposal to this effect has not been included in the final budget negotiations.
Hoylman said the bill to be introduced Monday was designed to prevent "fishing expeditions" from federal lawmakers.
"It would be a very rare, but very important, use of state power," he said.
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