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Judge Karen Henderson of the DC Circuit Court wrote that the president should enjoy the same privacy rights as any other citizen.
"This case raises the question of whether a member of the public – here a nonprofit – can use a FOIA application to obtain the tax records of an unrelated individual without his consent," Henderson wrote in a notice on his behalf and two other appellate judges. "The answer is no, with the exception of a few limited exceptions – all inapplicable here."
Previous presidents have systematically published their tax returns, but Trump has not wanted to publish his records, both as a candidate and in the performance of his duties. .
Henderson wrote that the president's tax returns were protected by the IRS.
"No one can demand to inspect the tax records of another," she wrote. "And the privacy protections of (the Internal Revenue Code) extend to the ordinary taxpayer and the president."
The decision of the Federal Court of Appeal of DC upheld the previous decision of a trial judge dismissing the lawsuit for infringement of the freedom of information brought against the IRS by the EPIC in 2017.
The non-profit organization sent the IRS a FOIA request shortly after the election of 2016 requesting Trump's tax returns dating back to 2010 "and any other index of financial relations with Russian government or Russian companies", according to Henderson's opinion.
The IRS rejected the FOIA claim and a subsequent application for EPIC, causing the NPO to sue the IRS.
The decision will not put an end to efforts to obtain the publication of Trump's tax archives.
During the 2016 presidential campaign, Trump broke the standards of the candidates and refused to publish his tax returns for public scrutiny.
Donna Borak of CNN and Sophie Tatum contributed to this report.
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