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Thursday, December 4, 2014

The IRS Scandal, Day 574

IRS Logo 2Washington Free Beacon:  Treasury IG Blocking Release of Records on Leaks of Taxpayer Info to White House:

An IRS watchdog is refusing to release thousands of documents related to unauthorized leaks of confidential taxpayer information to the White House, citing privacy concerns.

In a letter to watchdog group Cause of Action on Tuesday, an attorney with the Treasury Inspector General for Tax Administration (TIGTA) said the office had located “2,509 pages of documents potentially responsive to your request.” However, TIGTA said it barred by law from releasing them.

https://taxprof.typepad.com/taxprof_blog/2014/12/the-irs-scandal-1.html

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Comments

TexEcon, why do you assume the WH was not able to produce the documentation? Wouldn't that explain why TIGTA has one or more investigations but no prosecutions?

Posted by: Publius Novus | Dec 6, 2014 4:01:39 PM

For taxpayer information to be disclosed to the White House the President must request it in a writing personally signed by the President and it must state the reasons the information is requested. If the White House can't produce this document, it is a violation of 6103 for the IRS to have disclosed the taxpayer information.

Posted by: TexEcon | Dec 5, 2014 10:01:00 AM

texecon: It would be a very silly question, because 26 U.S.C. § 6103(g) authorizes disclosures to the president and the WH. Consequently, disclosure of tax returns and return information to the WH is not illegal.

jmod46: The little black pen is of no use when dealing with tax returns and return information. Church of Scientology v. IRS, 484 U.S. 9, 17 (1987).

woodun: TIGTA has no discretion in deciding whether to release or withhold tax return information. 26 U.S.C. § 6103(a); Church of Scientology, 484 U.S. at 9. Sec. 6103(a) provides that tax returns and “return information” shall be confidential and shall not be disclosed except as authorized.”

Bottom line: Despite the apparent desire of many to promote scurrilous and baseless misinformation about the current Administration, there is no violation of federal law that has been uncovered by Cause of Action. 1) Federal law AUTHORIZES the president and WH personnel to receive tax returns and return information. 2) Neither the WH nor TIGTA (nor the IRS) has any discretion to release tax returns or return information. 3) You can’t redact tax returns and return information. 4) Judge Jackson did not order TIGTA to release documents.

Posted by: Publius Novus | Dec 5, 2014 8:27:38 AM

Not a good sign that the current ad ministration has so much influence over TIGTA. It isn't inspiring confidence that everything is above board.

Where are the All Sharptons and Democrat activist protesters standing up for the victims of deliberate persecution? Cheering it on, and that tells you everything you need to know about the standards of the Democrat party.

Posted by: wodun | Dec 4, 2014 1:29:50 PM

I'm pretty sure I'd rather have my tax returns given to the watchdog group, Cause of Action, than to the Obama White House. BTW, did TIGTA lose their little black pen they use to redact personally identifiable tax information? Is this why they can't comply with a court order?

Posted by: jmod46 | Dec 4, 2014 10:39:44 AM

It would be an interesting question to Candidate Hillary as to whether she would direct her Attorney General to prosecute this violation of section 6103.

Posted by: texecon | Dec 4, 2014 9:53:19 AM