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IRS must hand over Trump's tax returns to House committee: appeals court

Trump filed a lawsuit alleging that the requests violated the separation of powers, was retaliatory in nature, and violated due process rights.

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Hannah Nightingale Washington DC
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On Tuesday, a federal appeals court ruled that the Internal Revenue Service (IRS) must hand over former President Donald Trump’s tax returns to a House committee.

According to The Hill, the three-judge panel for the DC Circuit Court of Appeals sided with the House Ways and Means Committee and the Biden administration, ruling unanimously against Trump’s claims that complying with the demand would be unconstitutional and would violate his privacy.

"The 2021 Request seeks information that may inform the United States House of Representatives Committee on Ways and Means as to the efficacy of the Presidential Audit Program, and therefore, was made in furtherance of a subject upon which legislation could be had," wrote Judge David Sentelle in the panel’s opinion.

"Further, the Request did not violate separation of powers principles under any of the potentially applicable tests primarily because the burden on the Executive Branch and the Trump Parties is relatively minor," he added.

Chairman of the Ways and Means committee Rep. Richard Neal commended the ruling, writing in a statement, "With great patience, we followed the judicial process, and yet again, our position has been affirmed by the Courts. I’m pleased that this long-anticipated opinion makes clear the law is on our side. When we receive the returns, we will begin our oversight of the IRS’s mandatory presidential audit program."

In 2019, the committee requested federal income tax return documents from the Department of Treasury.

A few months later, the department, under the Trump administration, said they would not be complying with the request "because it was not supported by a legitimate legislative purpose," according to the appeal court’s opinion.

The committee then filed a suit against the IRS and its commissioner, as well as the Department top Treasury and its secretary.

Under the Biden administration, the Department of Justice’s Office of Legal Counsel concluded that the request made was valid, and that the Treasury had to comply.

Following this 2021 request and decision, Trump filed a lawsuit alleging that the requests violated the separation of powers, was retaliatory in nature, and violated due process rights.

According to The Hill, federal tax laws require that Treasury officials hand over tax returns if they receive written request from the chairman of the Ways and Means Committee.

"While it is possible that Congress may attempt to threaten the sitting President with an invasive request after leaving office, every President takes office knowing that he will be subject to the same laws as all other citizens upon leaving office," the decision reads. "This is a feature of our democratic republic, not a bug."

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