Citizens for Responsibility and Ethics in
Washington (CREW)
FOR IMMEDIATE
RELEASE
March 21, 2019
CONTACT: Jordan
Libowitz
CREW
Calls on All 2020 Candidates to Release 10 Years of Tax Returns
Citizens for Responsibility and Ethics in Washington (CREW) today
called on all presidential candidates to release their tax returns from
at least the previous ten years and
launched the
2020
Tax
Returns
Tracker
so
that
all
Americans
can
compare
what
each
candidate has released and read the publicly released returns.
“Tax returns can illuminate conflicts and can also shed important light
on a president or candidate’s charitable giving and whether they are
paying their fair share of taxes,” CREW Executive Director Noah
Bookbinder said.
The 2020 Tax Returns Tracker allows Americans to compare which
candidates have released their returns publicly, which have only shown
them to the press, whether they have released their full returns and
how many years of tax returns they made available. It also allows
readers to view and download the public returns.
“Conflicts of interest cast doubt on every decision a president makes,
as the past two years have demonstrated in vivid detail,” Bookbinder
said. “The public cannot have confidence in a president’s decisions or
appropriately evaluate candidates when their finances remain opaque due
to a refusal to release their tax returns.”
CREW has long advocated for presidential
candidates to release their tax returns. Until President Trump, every
president since Nixon had released their tax returns, finding it easy
to clear the low ethical bar set by then-under audit Richard Nixon.
Unfortunately, there is no law requiring them to, which is why we still
have not seen President Trump’s tax returns nearly four years after he
declared his candidacy for President. Proposed legislation would remedy
this by requiring presidents, vice presidents, and candidates to
disclose 10 years of tax returns, something Noah Bookbinder recently testified in support of in Congress.
Click
here
to
see
the
tracker.
-30-
Biden | Buttigieg |
Gillibrand
|
Inslee
| Harris? |
Klobuchar
|
O'Rourke
|
Ryan
|
Sanders
|
Steyer |
Warren
releases
in
reverse
chron.
Tom Steyer 2020
FOR IMMEDIATE RELEASE:
Thursday, August 29, 2019
Tom
Steyer Releases Tax Returns
(SAN FRANCISCO, August 29, 2019)—Today,
candidate
for
the Democratic presidential nomination Tom Steyer and his
wife Kat Taylor are releasing their personal federal and
California tax
returns, charitable tax returns, and political tax returns on his
website. Tom and Kat have committed to release 10 years of tax returns.
Records for 2009-2017, are available on the website now and records
from 2018 will be available on the website later this year, after they
are filed with the Internal Revenue Service. All of the financial
documents can be found at tomsteyer.com/transparency.
The
documents released provide the American public with a clear picture of
their personal finances, charitable giving, and political spending.
They also includes four full years while Steyer was still head of
Farallon Capital Management, the company he founded more than 30 years
ago.
“This level of financial disclosure is unparalleled for a presidential
candidate,” said Steyer Campaign Manager Heather Hargreaves.
“Tom
is
releasing his tax returns now because he believes in providing
transparency at all levels of government which includes elected
officials. The documents he is releasing also provide voters with an
understanding of his role in the private sector, which he has since
left behind seven years ago to work for the public good.”
Additionally,
Steyer is filing his personal financial disclosure (PFD) with the
United States Office of Government Ethics which will be available on
the transparency page as soon as the disclosure has been reviewed and
certified by the Office.
A memo outlining
Steyer’s
financial
activities can be also found on the page. The memo
highlights the couple’s tax information and contributions to charity
and political causes, including:
- From
2009-2017, Steyer and Taylor have paid $405.3 million in federal and
state taxes. Their overall total effective tax rate of federal and
state taxes paid averaged 40.5%.
- Steyer
and Taylor have distributed more than $190 million in charitable
contributions from 2009-2017, both through their charitable foundations
and direct giving. (They do not count any of their political
contributions toward their Giving Pledge promise to give away the
majority of their wealth to charitable pursuits during their lifetime.)
- Steyer’s
political activities from 2009-2017 totaled $365.6 million, and include
contributions to federal and state candidates, federal and state
committees, 501(c)(4) contributions to NextGen, and Need to Impeach
spending.
In 2010, Steyer and Taylor took the Giving
Pledge —
committing to give the vast bulk of their wealth to charitable pursuits
during their lifetime. Since then, the couple have distributed more
than $190 million in charitable contributions from 2009-2017, both
through their charitable foundations and direct giving. Tax returns for
their charitable foundations — TomKat Foundation, TomKat Charitable
Trust, TomKat Ranch Educational Foundation, and the Beneficial State
Foundation — can be found on the transparency page under each
respective year. The couple make most of their grants from their
foundations — which distribute grants on an annual basis, separately
from when they commit money to their foundations. Therefore, their
total annual charitable giving is greater than the amount reported on
their individual Form 1040.
###
Biden
for
President
FOR IMMEDIATE RELEASE
July 9, 2019
Biden for President Makes Public Vice President Biden’s Financial
Disclosure Form and Tax Returns
Today,
Biden for President
made public Vice President Joe Biden’s financial disclosure form (OGE
Form 278), as well as tax returns for 2016-2018. Today’s releases, in
combination with the ten years of taxes he released during the campaign
in 2008 and his regular release as Vice President, mean that Vice
President Biden has now made public the last 21 years of tax returns –
more than any other candidate currently running for president.
After leaving office in 2017, Vice President Biden pledged to remain
engaged on the issues that have animated his career. In the two years
between the end of the Obama-Biden Administration and the announcement
of his candidacy for president, he did exactly that, working with a
variety of institutions to generate ideas on how we can help rebuild
the American middle class, strengthen American global leadership, and
end cancer as we know it.
During that time Vice President Biden earned income as the University
of Pennsylvania Benjamin Franklin Presidential Practice Professor,
through sales of his 2017 book
Promise
Me,
Dad, and through select public speaking events, including
literary events around the book release, subscription-based speakers
series, and university events funded by dedicated funds or endowments.
Every one of his speaking engagements was public, and more than half
were also open to the press.
Vice President Biden pledged after leaving office that if he were to
become a candidate for higher office, he would make available his tax
returns, financial interests, and other information that used to be,
and should once again become, commonplace among candidates for
President of the United States – including the current occupant of that
office.
The documents are available at
https://go.joebiden.com/financialdisclosure
and here:
2016
Federal
Tax
Return
2016
Delaware
Tax
Return
2017
Federal
Tax
Return
2017
Delaware
Tax
Return
2018
Federal
Tax
Return
2018
Delaware
Tax
Return
OGE
Form
218e
Tax
Returns & Financial Disclosure
The Bidens’ joint tax returns reflect the following income and
charitable giving:
In 2016, the Bidens’ income was primarily attributable to Vice
President Biden’s salary as Vice President and Dr. Biden’s salary as a
Professor at Northern Virginia Community College.
In 2017 and 2018, Dr. Biden continued to be employed as a Professor at
Northern Virginia Community College, for which she earned $90,132 (in
2017) and $94,705 (in 2018). Vice President Biden was named the
Benjamin Franklin Presidential Practice Professor at the University of
Pennsylvania, for which he earned $371,159 (in 2017) and $405,368 (in
2018).
The majority of the couple’s 2017 and 2018 income--specifically,
$10,048,739 (in 2017) and $3,236,764 (in 2018)--is attributable to book
payments for the writing of
Promise
Me, Dad and
Where the Light
Enters and to paid speaking engagements. These amounts were paid
to Vice President Biden and Dr. Biden through their respective
S-Corporations, known as CelticCapri and Giacoppa. Both Vice President
Biden and Dr. Biden employed staff and engaged contractors to support
their respective work through their S-Corporations.
- S-Corporations are a common method for taxpayers who have outside
sources of income to consolidate their earnings and expenses. The
income, losses, and deductions flow through to the taxpayer’s personal
income tax returns, meaning the taxpayer (here, the Bidens), rather
than the S-Corporation, pays the taxes on the income
earned.
Following a comprehensive review of the Bidens’ tax filings for 2016
through 2018, the returns for tax years 2017 and 2018 were amended. The
2017 return inadvertently double-counted a charitable contribution (a
$3,000 donation to the Tragedy Assistance Program for Survivors) and
failed to include the W-2 income and associated withholdings from the
final three weeks of the Vice Presidency. The 2017 return was amended
to address these issues, and required $1,666 in additional tax payments
($1,118 attributable to the double-counted contribution, and $478
attributable to the omission of the W-2 income and associated
withholdings). The 2018 return included a deduction for a $25,000
contribution to Walking with the Wounded, a British charity for service
members associated with Prince Harry. Because that contribution was
given directly to the British charity, and not to an American affiliate
with a 501(c)(3) designation, no deduction was available to be taken.
The 2018 return remedied that issue, resulting in an additional $9,250
in federal tax payments. Corresponding amendments were made to the
Bidens’ Delaware state returns.
The financial disclosure, known as the Office of Government Ethics Form
278, covers the time period from January 1, 2018 through May 31, 2019.
It requires certain assets to be identified within a range of values
(e.g., $1,000 to $15,000; $250,000 to $500,000).
- Excluding retirement plans, it shows that the Bidens hold between
$500,000 and $1.2 million in cash. They continue to hold the same
investments and life insurance policies that they did while in office.
- The Bidens’ S-Corporations (CelticCapri and Giacoppa) are worth
between $1 and $5 million and $500,000 and $1 million, respectively.
Those amounts are attributable to each entity’s bank account balances.
Income taxes have already been paid by the Bidens on assets currently
held by the S-Corporations.
- The Form 278 reflects that Vice President Biden earned
approximately $3.2 million through his S-Corporation during the
pertinent time period. Consistent with Office of Government
Ethics guidance, where those earnings are attributable to speaking
fees, each appearance is separately listed on the form.
Forty-seven appearances are listed, 30 of which were a part of the book
tour for Promise Me Dad. All together, the fees totaled $4.29
million. These fees--less expenses and applicable taxes--are
reflected in Form 278 entries for Celtic Capri, both the income earned
from it and the assets currently held by it.
- During the pertinent time period, Dr. Biden also earned income
from speaking fees through her S-Corporation. The Form 278 lists 18
paid speaking engagements, with fees totaling just over $700,000.
- The Form 278 reflects that the Bidens have minimal debt. Two
lines of credit, each less than $50,000, are disclosed in Part 8.
###
Pete
for
America
April 30, 2019
Mayor Pete Releases Ten Years of Tax Returns
SOUTH BEND, IN - Today, Mayor Pete
released his past ten years of tax
returns. They can be
found here.
THE
FOLLOWING BREAKDOWN IS FOR BACKGROUND ONLY:
{ ... }
Tim Ryan for America
April 29, 2019
Congressman
Tim Ryan Releases 10 Years of Tax Returns
Less
Than One Month After Announcing His Presidential Bid, Congressman Ryan
Demonstrates His Commitment to Unity Built on Trust and Honesty by
Releasing His Tax Returns from 2009 – 2018
YOUNGSTOWN, OH – Demonstrating his
staunch commitment to
transparency and honesty with the American people, Congressman Tim Ryan
(D-OH) today released one decade of his tax returns. The
release comes less than one month after launching his presidential bid,
and nine months ahead of the 2020 caucuses and primaries.
“Full and complete transparency with the American people is paramount
to Congressman Tim Ryan,” said a spokesperson for Tim Ryan for America.
“He understands that unity is built on trust earned with honesty and
respect. While President Trump’s lies are designed to fracture our
communities and distract from his own failures – Tim Ryan knows that
America is stronger. And he’s committed to restoring the unity and
trust our country deserves.”
Below are Congressman Ryan’s tax returns from 2009
through 2018:
###
Beto for America
Monday, April 15, 2019
Beto O’Rourke Releases 10 Years of Tax Returns
EL PASO, TEXAS — Beto O’Rourke publicly released ten years of his
personal tax returns today. Full copies of
the tax returns are available
here.
As
a candidate aspiring to restore the American people’s trust in the
nation’s highest office, O’Rourke will also release his
2018 tax returns as
soon as possible after they are filed. This follows his commitment to
increasing accountability and transparency while in the House of
Representatives when he held monthly public town halls back in his
district where any person could ask any question. Just as he did while
visiting each one of the 254 counties of Texas, O’Rourke continues to
run a grassroots, people-powered campaign that rejects all money and
influence from political action committees, corporations, lobbyists and
special interest groups.
###
Bernie 2020
April
15,
2019
Sanders
Releases
10 Years of Tax Returns 9 Months Before Caucuses, Primaries
Begin
Voluntary
disclosure follows nearly 30 years of annual financial
disclosures; Vermont senator urges President Trump to follow suit
WASHINGTON – U.S. Sen. Bernie Sanders today
released 10 years
of tax returns including
his 2018return. The release, nine months before the first votes are
cast, recognizes the changing expectations that all candidates, not
just nominees, should release their taxes.
The Sanders’ tax returns, which are straightforward and
uncomplicated with few additional forms or deductions, are in addition
to the financial disclosures that Sanders has released every year since
1991.
“These tax returns show that our family has been
fortunate. I am very grateful for that, as I grew up in a family that
lived paycheck to paycheck and I know the stress of economic
insecurity. That is why I strive every day to ensure every American has
the basic necessities of life, including a livable wage, decent
housing, health care and retirement security.” Sanders said. “I
consider paying more in taxesas my income rose to be both an
obligation and an investment in our country. I will continue to
fight to make our tax system more progressive so that our
country has the resources to guarantee the American Dream to all
people.”
During his 2016 campaign, Sanders released what was then his most
recent tax return (2014),
and promised to release additional years if he were the nominee – as
was standard practice at the time.
“Bernie Sanders has been filing detailed financial disclosures for
almost 30 years, and he is proud to voluntarily make
these tax returns available
many months before the election, “ said campaign manager Faiz Shakir.
“Senator Sanders believes it is a privilege to live in the United
States and he believes it is patriotic to pay the taxes that
support our country. As a strong proponent of transparency, the senator
hopes President Trump and all Democratic primary candidates will
disclose their tax returns.”
Some key details from Sanders’ tax returns include:
- In 2018, Sanders’ adjusted gross
income was $561,293. He paid a 26 percent effective taxrate on
that adjusted gross income. In 2016 and 2017, when Sanders also earned
significant income from his books, his effective tax rate was
35 percent and 30 percent, respectively. Their itemized deductions
primarily consisted of mortgage interest, property taxes and
charitable deductions.
- The returns reflect that the
Sanders’ primary sources of income over most of those years were
Senator Sanders’ Senate salary and proceeds from his writing.
- In 2016, the Sanders’ income increased
substantially due to advances and royalties from his best-selling book
Our Revolution: A Future To Believe In, which has been translated into
5 languages and published in a number of countries. The youth version
of Our Revolution, the publication of Where We Go From Here and an
advance on a book currently being written by Jane Sanders, are also
reflected in the tax filings.
- In 2018, the Sanders donated 3.4
percent of their adjusted gross income to charity. Overall, their
charitable giving does not account for additional charitable proceeds
from one of Sanders’ books, The Speech, which are donated directly to
charity. The Sanders do not take a tax deduction for those
contributions, so they do not show up on their tax returns.
The Sanders’ donations have gone primarily to senior centers,
low-income organizations, educational entities, and environmental and
housing advocacy groups.
Gillibrand 2020
April 15, 2019
On Tax Day, Gillibrand Reissues Challenge to
Democratic Field to Release Taxes
Applauds those who
joined her in releasing at least ten years
of returns
On Tax Day, Senator Kirsten Gillibrand reissued her challenge
to the 2020 Democratic field to release at least ten years
of their federal tax returns. Gillibrand emphasized that
doing so will provide the American people with a stark contrast
between the Democratic field's commitment to transparency and
accountability, and President Trump's efforts to obstruct and
suppress the release of his tax returns.
"Transparency and accountability are critical tools to combat the
corrupting influence of money in politics, which is why three weeks
ago I released my 2018 federal tax return, adding to the
eleven-years worth that were already available online," said
Senator Gillibrand. "At the time, I challenged the entire
Democratic field to do the same, and I'm encouraged that several
candidates have followed suit. Today, on TaxDay, I am
reissuing my call for the remaining Democratic candidates to release at
least ten years of federal tax returns, which
will provide a clear contrast with President Trump, and
demonstrate that the next president will only be beholden to the
American people."
On March 27, Gillibrand became the first 2020 presidential
candidate to release her 2018 tax return. She has 12 years of
her tax returns available online, dating back to 2007,
her first year in public office. The same day, Gillibrand issued a
challenge to the Democratic field to join her, and
several followed her lead, including:
Gillibrand
is leading the Democratic field on transparency, a prerogative
that started long before her run for president.
Gillibrand was the first Member of Congress to post a “Sunlight
Report” that included her official schedule, Personal Financial
Disclosures and earmark requests
online. Gillibrand also wrote and secured the passage of the
STOCK Act in 2012, which finally made it illegal for members of
Congress, their families and their staff to profit from insider
information gained through public service.
###
Amy
for
America
April 15, 2019
As Trump Visits Minnesota Today, Klobuchar Releases
2018 Tax Returns and
Calls on the President to Follow Suit and Finally Release His
Own Tax Returns
Klobuchar previously released 12 years
of tax returns for
every year since she has been a candidate for federal office
Minneapolis, MN -- U.S. Senator Amy Klobuchar today released her
2018 tax returns after releasing 12 years
of tax returns -
every year since she has been a candidate for federal office - earlier
this month.
As Donald Trump heads to Minnesota on Tax Day, Klobuchar
called on the President to finally release his tax returns.
“I believe in transparency and accountability -- that’s why I’ve
released my tax returns and why I’m calling on Donald
Trump to finally release his tax returns and quit hiding from
the American people,” Klobuchar said.
Yesterday, Klobuchar held a press conference in Minneapolis to
highlight how the President prioritized giving tax breaks to
the wealthy over making investments in our country’s crumbling
infrastructure. She outlined her plan to rebuild our country’s
infrastructure and strengthen our economy by repairing our roads,
bridges, levees, airports and schools, as well as overhauling our
water infrastructure and connecting every household to high-speed
internet by 2022.
View of all Sen. Klobuchar’s tax returns
here.
###
Kamala
for
the
People
April 14, 2019
...lots of articles;seeking
direct response from the campaign
Warren
for
President
Wednesday, April 10, 2019
Warren Releases 2018 Tax Returns
In August 2018, Warren
released 10 years of tax returns
Charlestown, MA - Today,
Elizabeth Warren released her full
2018 tax returns.
She
released
a
full
ten
years
of
her tax returns last
August. Warren has
introduced the most
sweeping
anti-corruption
bill since Watergate that requires the IRS to
release tax returns of Presidential and
Vice-Presidential candidates from the previous eight years and during
each year in federal elected office.
“There’s
a crisis of faith in government -- and that’s because the American
people think the government works for the wealthy and well-connected,
not for them. And they’re right. I’ve put out eleven years of
my tax returns because
no one should ever have to guess who their elected officials are
working for. Doing this should be law,” said Warren.
In addition to requiring the IRS to
release tax returns of
Presidential,
Vice-Presidential, and Congressional candidates and
office-holders, Warren’s anti-corruption legislation prohibits all
government officials from holding or trading stock; applies the
conflict of interest laws to the President and Vice President through
the Presidential Conflicts of Interest Act; and requires senior
government officials to divest from privately-owned assets that could
present conflicts, including large companies and commercial real estate.
Link to 2018 tax returns
here.
Link to 2017-2008 tax returns
here.
###
Inslee
for
America
Friday,
March 29, 2019
On Fox and Friends, Inslee Calls on Donald Trump To Release
His Tax Returns
Gov.
Jay
Inslee
today
released
12
years
of tax returns,called
on other 2020ers to do the same
Seattle - Today, on Fox and Friends,
the President’s favorite television show, Governor Jay Inslee called on
President Trump, and the rest of the 2020 field to release
their tax returns.
This morning, Inslee, in his commitment to transparency on the campaign
trail, released 12 years of his personal taxreturns online
for all Americans to see.
Inslee has long released his tax returns when running
for high office. He had previously released 8 years
of tax returns:
He released
five
years
of returns during his gubernatorial campaign in 2012 and
three
additional
years in his reelection bid in 2016.
Last week, Governor Inslee
announced
his
support for current state legislation in Washington that
would require a Presidential candidate to release at least 5 years
of tax returns in
order to appear on the ballot.
“Anyone
hoping to serve the American people needs to earn their trust,” said
Gov. Jay Inslee. “President Trump’s blatant disregard for transparency
and his disrespect toward voters is disgusting and cannot be repeated.
Today, I released 12 years of
personal tax returns because
it
is the right thing to do and because it should be the expected thing
to do. I call on President Trump and other 2020 presidential candidates
to follow me in this commitment to transparency.”
Gillibrand 2020
GILLIBRAND - A LEADER ON TRANSPARENCY & ACCOUNTABILITY -
RELEASES 2018 TAX RETURNS
Gillibrand is
First Presidential Candidate to
Release Tax Returns; Urges Other Presidential Candidates
to Follow Suit
Today, U.S. Senator Kirsten Gillibrand released her
2018 tax returns to the public, making her the first
presidential candidate to take this key step towards accountability and
transparency. Gillibrand now has 12 years' worth
of tax returns available online, dating back to 2007,
her first year in public office. Gillibrand
urged every
other
presidential
candidate
to
join
her
in
disclosing
their
latest taxes.
“For public servants, releasing your tax returns shows
the American people that you work only for them, not the powerful. I’m
proud to be the first presidential candidate to release my
latest returns, and take that critical step towards
transparency,” said Senator Kirsten Gillibrand.
Gillibrand continued, “Since my first day in the House, I have
prioritized transparency and accountability. Not only was I the first
member of Congress to post my schedule, earmark requests and personal
financial disclosures online, but I wrote the law that makes it illegal
for members of Congress to profit off of their public service.
“Transparency is an essential tool to combat the corrupting influence
of money in politics. The American people should know that their
president is beholden to no one but them, and I’m urging all
presidential candidates to join me and disclose at least ten years of
their taxes, which will strengthen our ability to beat President
Trump.”
Since her first day in the House, Senator Gillibrand has led the way on
transparency and accountability for elected officials. She was the
first Member of Congress to post a “Sunlight Report” that included her
official schedule, Personal Financial Disclosures and earmark requests
online. The New York Times called these efforts “a quiet touch of
revolution" in Washington at the time.
Gillibrand also wrote and secured the passage of the STOCK Act in 2012,
which finally made it illegal for members of Congress, their families
and their staff to profit from insider information gained through
public service. At the time, The Washington Post called it “the most
substantial debate on Congressional ethics in nearly five years.”
Gillibrand is the first of the current 2020 candidates to post more
than ten years-worth oftaxes online, including her
2018 returns. Since 2012, she’s posted
her tax returns annually.
Twelve years of Gillibrand’s taxes, including her
2018 returns, are available here:
https://kirstengillibrand.com/news/kirstens-tax-returns/
Toplines of Gillibrand 2018 Taxes Below:
2018 Tax Return Toplines
|
Adjusted
Gross
Income
|
$214,083
|
Federal Taxes
|
$29,170
|
Effective Tax Rate
|
13.6%
|
State Taxes
|
$12,523
|
Business
Income
|
$50,000
|
Capital
Gains
|
-$3,000
|
Charitable
Contributions
|
$3,750
|
meanwhile...
House
Ways
and
Means
Committee
May 17, 2019
NEAL STATEMENT ON TREASURY’S FAILURE TO COMPLY WITH SUBPOENA
WASHINGTON, DC – Today,
Ways & Means Committee Chairman Richard E. Neal (D-MA) released the
following statement after Department of Treasury Secretary Steven
Mnuchin refused to comply with
a
subpoena for six years of the President’s personal and
business tax returns:
“Last Friday, I issued subpoenas to the Treasury Secretary and IRS
Commissioner after they refused to comply with the law. Issuance of
these subpoenas should not have been necessary. The law provides clear
statutory authority for the Chair of the Ways and Means Committee to
request and receive access to tax returns and return information. The
law, by its terms, does not allow for discretion as to whether to
comply with a request for tax returns and return information. Given the
Treasury Secretary’s failure to comply today, I am consulting with
counsel on how best to enforce the subpoenas moving forward.”
###
______________
May 6, 2019
NEAL STATEMENT ON IRS FAILURE TO PROVIDE PRESIDENT TRUMP’S TAX
RETURNS
WASHINGTON,
DC
– Today, Ways & Means Chairman
Richard E. Neal (D-MA) released the following statement after Treasury
Secretary Steven Mnuchin informed him that the IRS would not furnish
the requested six years of President Trump’s personal and business tax
returns:
“Today, Secretary Mnuchin notified me that the IRS will not provide the
documents I requested under Section 6103 of the Internal Revenue Code.
I will consult with counsel and determine the appropriate response.”
###
______________
April 23, 2019
NEAL STATEMENT ON IRS FAILURE TO MEET APRIL 23 DEADLINE
WASHINGTON,
DC
– Today, Ways & Means Chairman
Richard E. Neal (D-MA) released the following statement after Treasury
Secretary Steven Mnuchin informed him that the IRS would not meet the
April 23 deadline to furnish six years of President Trump’s personal
and business tax returns:
“This afternoon, Secretary Mnuchin notified me that once again, the IRS
will miss the deadline for my 6103 request. I plan to consult with
counsel about my next steps.”
###
April 13, 2019
NEAL
SENDS LETTER TO IRS REGARDING 6103 REQUEST
WASHINGTON,
DC
– Today, Ways & Means Committee
Chairman Richard Neal (D-MA) sent the following letter to Internal
Revenue Service (IRS) Commissioner Charles Rettig after the IRS missed
the April 10, 2019 deadline to furnish six years of the President’s
personal and business tax returns.
Full text of the letter is available HERE and
below.
The Honorable Charles P. Rettig
Commissioner
Internal Revenue Service
1111 Constitution Avenue, NW
Washington, D.C. 20224
Dear Commissioner Rettig:
On April 3, 2019, pursuant to my
authority under section 6103(f) of the Internal Revenue Code (“IRC”), I
requested that the Internal Revenue Service (“IRS”) furnish certain
return and return information by April 10, 2019. As I explained
in my earlier letter, that request is in furtherance of consideration
by the Committee on Ways and Means (“Committee”) of legislative
proposals and oversight related to our Federal tax laws, including, but
not limited to, the extent to which the IRS audits and enforces the
Federal tax laws against a President.
I am aware that concerns have been
raised regarding my request and the authority of the Committee.
Those concerns lack merit. Moreover, judicial precedent commands
that none of the concerns raised can legitimately be used to deny the
Committee’s request.
First, it bears noting that the
statutory language of section 6103(f) is unambiguous and raises no
complicated legal issues that warrant supervision or review by the
Department of the Treasury (“Treasury”) or the Department of Justice
(“Justice”). Section 6103(f) commands that “[u]pon written
request from the chairman of the Committee on Ways and Means of the
House of Representatives . . . the Secretary shall furnish such
committee with any return or return information specified in such
request.” 26 U.S.C. § 6103(f)(1) (emphasis added). It is a
well-established principle of statutory interpretation that words that
are neither terms of art nor statutorily defined be given their
ordinary meaning. Here, the statute’s use of the “mandatory
‘shall’ . . . creates an obligation impervious to judicial
discretion.” Lexecon, Inc. v. Milberg Weiss Bershad Hynes &
Lerach, 523 U.S. 26, 35 (1998); see also, e.g., EPA v. EME Homer City
Generation, 572 U.S. 489, 509 (2014); Barnhart v. Sigmon Coal Co., 534
U.S. 438, 461-62 (2002) (courts “must presume that a legislature says
in a statute what it means and means in a statute what it says there.”
(internal quotation marks omitted)).
Second, there is no valid basis to
question the legitimacy of the Committee’s legislative purpose
here. The Supreme Court has instructed that Congress’s power to
investigate is “broad” and “encompasses inquiries concerning the
administration of existing laws as well as proposed or possibly needed
statutes.” Watkins v. United States, 354 U.S. 178, 187
(1957).
It is not the proper function of the
IRS, Treasury, or Justice to question or second guess the motivations
of the Committee or its reasonable determinations regarding its need
for the requested tax returns and return information. Indeed, the
Supreme Court has consistently noted that the motivations underlying
Congressional action are not to be second guessed, even by the
courts. Eastland v. U.S. Servicemen’s Fund, 421 U.S. 491, 509
(1975) (“The wisdom of congressional approach or methodology is not
open to judicial veto.”); Watkins, 354 U.S. at 200 (“But a solution to
our problem is not to be found in testing the motives of committee
members for this purpose. Such is not our function.”); Barenblatt
v. United States, 360 U.S. 109, 132 (1959) (“So long as Congress acts
in pursuance of its constitutional power, the Judiciary lacks authority
to intervene on the basis of the motives which spurred the exercise of
that power.”).
Courts have held that, where “a
rational legislative purpose is present for investigating a particular
person, organization, or institution[,] [t]here is no requirement that
every piece of information gathered in such an investigation be
justified before the judiciary.” McSurely v. McClellan, 521 F.2d 1024,
1041 (D.C. Cir. 1975); see also Townsend v. United States, 95 F.2d 352,
361 (D.C. Cir. 1938). “A legislative inquiry may be as broad, as
searching, and as exhaustive as is necessary to make effective the
constitutional powers of Congress.” Townsend, 95 F.2d at
361. Furthermore, the Supreme Court has expressly recognized that
“[t]o be a valid legislative inquiry there need be no predictable end
result.” Eastland, 421 U.S. at 509.
Third, concerns about what the
Committee may do with the tax returns and return information are
baseless. As my April 3rd letter noted, this request falls
squarely within the Committee’s oversight authority. It is
well-established law in the D.C. Circuit that “[t]he presumption of
regularity supports the official acts of public officers and, in the
absence of clear evidence to the contrary, courts presume that they
have properly discharged their official duties.” Sussman v. U.S.
Marshals Serv., 494 F.3d 1106, 1117 (D.C. Cir. 2007) (citation
omitted); Exxon Corp. v. FTC, 589 F.2d 582, 589 (D.C. Cir. 1978)
(“committees of Congress will exercise their powers responsibly and
with due regard for the rights of affected parties.”). In other
words, the IRS, Treasury, and Justice must assume that the Committee
Members, like all government officials, will act properly in the
conduct of their official duties.
To date, the IRS has failed to provide
the requested return and return information despite an unambiguous
legal obligation to do so under section 6103(f). I expect a reply
from the IRS by 5:00 p.m. on April 23, 2019. Please know that, if
you fail to comply, your failure will be interpreted as a denial of my
request.
Thank you for your prompt attention to
this matter.
Sincerely,
The Honorable Richard E. Neal, Chairman
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