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Republicans on the House Ways and Means committee voted down a proposal on Tuesday that would have let Congress obtain President Donald Trumps tax returns.
Ways and Means Dems @WaysMeansCmte
By a vote of 23-15, Republicans just voted to not request President Trump's tax returns from the Treasury Department.
Rep. Bill Pascrell (D-NJ) first advanced the proposal in a letter to the committees chair on February 1st. His request that the committee obtain Trumps tax returns is based on an obscure tax law: Section 6103 of the Internal Revenue Code.
That law allows three congressional committees  House Ways and Means, Senate Finance, and the Joint Committee on Taxation  to request that the IRS disclose private tax information to the committee. The committee can then review it, and vote on whether to disclose it to the public. Both the review and disclosure must be in the public interest.
In 1924, Congress put in place this statute, 6103, in our tax law, specifically to investigate conflicts of interest in the executive branch of government, Pascrell said at the committee meeting, pointing out that the law was passed shortly after the Teapot Dome Scandal. Following that scandal, Congress wanted a way to examine business ties in the Executive Branch of government. That is the law, Mr. Chairman.
Unlike all but one Presidential nominee since Nixon, Trump has not released his tax returns to the public (Gerald Ford, the one nominee who didnt, released a summary). Trump has also, unlike every other modern president, refused to divest from his business holdings.
My belief is that if Congress begins to use its powers to rummage around in the tax returns of the president, what prevents Congress from doing the same to average Americans? Brady said, telling reporters that Pascrells request misrepresents the legislative intent of that provision, which in fact creates confidentiality and privacy for Americans in their tax returns.
George K. Yin, a professor of law and taxation at the University of Virginia and former chief of staff of the Joint Committee on Taxation, told ThinkProgress that Brady was the one misrepresenting the law.
Thats correct, except hes confusing that there are two provisions, Yin said. The general rule is designed to protect confidentiality and tax privacy. The provision Mr. Pascrell is using is the exception of that provision.
In Yins view  also laid out in a Washington Post op-ed  Pascrells use of the law is correct, especially as there are clear parallels between Congress and the publics concerns over corruption and conflict of interest in 1924 and concerns about the Trump presidency today.
Pascrell wasnt surprised by his Republican colleagues response. He told reporters after the vote that there were three reasons for his colleagues silence and inaction.
Theyre intimidated, number one. They dont know the law, number two. And what happens if Mr. Flynn is just the tip of the iceberg  number three he said, citing Trumps National Security Adviser, who resigned Monday night over controversies about a phone call he made to the Russian ambassador to the U.S. prior to Trumps inauguration.