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Because the Democrats – who have actively lobbied for the public to have the right to see the President's returns – would be in charge of one or both of the House Accounts Committees.
And thanks to a 1924 provision in the Internal Revenue Code, the Presidents of the House Ways and Means Committee and the Senate Finance Committee are authorized to ask the President – or anyone else – for tax returns from the IRS to conduct an investigation.
The chairs of the editorial boards – whether they act together or alone – do not need to reveal that they have asked for the return of the president. But they can choose to share the benefits with members of their committee in camera, and probably do so.
According to George Yin, former Chief of Staff of the Joint Committee on Taxation and Professor of Law at the Commission, if the committee believes that the publication of statements in the House or Senate would contribute to a legitimate purpose of the committee, it is authorized to make. University of Virginia.
At this point, it is up to the entire chamber to decide whether the statements should be made public. "Of course, in practical terms, it is difficult to imagine that information reaches the plenary or Senate and does not become public," Yin said.
The power to obtain and disclose anyone's tax return is huge, and it has been used sparingly since its addition to the tax code.
It was originally added to correct an imbalance of power between the executive and legislative branches, Yin wrote in earlier analyzes of the provision. At the time, if the Congress – responsible for overseeing the executive and all tax matters – wanted a tax return, it had to request it through the president.
"It is very difficult for the Congress to vigorously investigate tax issues within the executive if the executive is the only one authorized to disclose tax returns," said the historian. Joseph Thorndike taxation.
At the time, lawmakers were considering several issues involving possible transgressions in the executive branch, during Warren G. Harding's administration, according to Yin. They sought to investigate the returns of those involved in the teapot scandal, which involved the alleged bribery of officials by private interests to obtain leases in public oil fields.
They also looked at potential conflicts of interest involving Treasury Secretary Andrew Mellon, who kept his affairs during his tenure. Some also wanted to know how Mellon could be affected by the tax legislation proposed by the Treasury. And lawmakers wanted to gauge whether Mellon had received favorable treatment from the Bureau of Internal Revenue, the equivalent of the IRS today.
Having the power to make a public tax return is especially important when it comes to potential transgressions by officials, Thorndike said. "Congress can not do its monitoring work if this surveillance is hidden from the public.It is the heart of the surveillance function."
If the Dems take power, will they act?
Given the alleged conflicts of interest involving Trump's companies and its role in the civil service, as well as increased concerns about its relations with Russian President Vladimir Putin, the list of justifications for deepening its finances is long – from less from the point of view of the Democrats.
New Jersey representative Bill Pascrell led the Democrats to the House to convince the Republicans of the Ways and Means Committee to request Trump's returns. By contrast, Republicans have so far voted against this idea 17 times.
If Democrats reach the House in November, he said, "a first agenda for a new Ways and Means Committee next year will require Trump's tax returns." Sunlight is always the best disinfectant ".
Separately, Rep. Steny Hoyer, the House Democratic Whip, told reporters that he thought the committees would like to see Trump's tax returns.
But Pascrell and Hoyer will not be the last word on the subject. The most likely candidate to lead the Ways and Means Committee is the current representative, Richard Neal of Massachusetts. Neal has publicly voiced support for Pascrell and others to get Trump's feedback. But when asked if getting Trump's tax returns would be a priority if he was appointed president, his office did not immediately respond.
Ron Wyden, the largest Democrat on the Senate Finance Committee, is expected to assume the presidency if his party becomes the majority of the Senate.
Wyden would not speculate on this hypothetical scenario. But in a statement to CNN, he said, "Democrats will restore congressional constitutional responsibility to conduct surveillance – a responsibility that Republicans have unfortunately neglected." Congress has a duty to investigate any eventualities. criminal concealment, public servants, including the president, follow the law. "
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