LIEB BLOG

Legal Analysts

Wednesday, November 23, 2022

Senate Finance Committee Chairman Ron Wyden Must Act under Internal Revenue Code 6103(f)(1) to Get Trump's Tax Records

SCOTUS' decision on Trump's taxes going to the Ways and Means Committee is being talked about as problematic because the Republicans will be taking control of the Committee and have no interest in the records. 


However, the law that was before SCOTUS doesn't just authorize the Chairman of Ways and Means to get the records, it also authorizes the Senate Finance Committee Chair to request and be furnished with such records. 


Specifically, Internal Revenue Code 6103(f)(1) reads:

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.


So, why hasn't Democratic Senate Finance Committee Chairman Ron Wyden requested the records given that the Democrats will maintain control of the Senate? That's the question. Inaction appears to be yet another example of the Democrats being ineffective at politics given they can easily moot the issue of the Republicans killing the Trump tax record review and report in the House. One can only guess why they don't act and aggressively seize the narrative.