Tuesday 7/2: House Democrats sue Trump administration over president's tax returns

[RKP5637]

https://www.washingtonpost.com/business/2019/07/02/house-democrats-sue-trump-administration-over-presidents-tax-returns/?noredirect&utm_term=.ceb9a1a87e80

House Democrats filed a lawsuit Tuesday in federal court seeking access to President Trump’s tax returns, accusing the Trump administration of an “extraordinary attack” on Congress in preventing the disclosure of the president’s personal financial records.

Rep. Richard E. Neal (D-Mass.), chairman of the House Ways and Means Committee, filed the lawsuit against the Internal Revenue Service and the Treasury Department after months of feuding with the administration over the returns.

Treasury Secretary Steven Mnuchin and IRS Commissioner Charles Rettig, who have denied Democrats’ demands for the returns, are named as defendants.

“Defendants have mounted an extraordinary attack on the authority of Congress to obtain information needed to conduct oversight of Treasury, the IRS, and the tax laws on behalf of the American people who participate in the Nation’s voluntary tax system,” the 49-page lawsuit states.

[Gothmog]

1. I will have fun reading this petition

[Takket]

2. Dems gave them ample time and many chances

We did it by the book. Time for the court to follow through.

[Gothmog]

3. As a corporate attorney, the cause of action for ultra vires makes me smile

There is a cause of action in this petition for ultra vires (which is a corporate law concept) that made me smile https://games-cdn.washingtonpost.com/notes/prod/default/documents/95ce180a-f07f-46a0-ac53-1c609608d589/note/1deef6dc-e461-4128-af12-5a61b5206c92.pdf#page=1

NON-STATUTORY REVIEW OF ULTRA VIRES ACTION BY DEFENDANTS
136. The Committee incorporates by reference and re-alleges the preceding
paragraphs, as if set forth fully herein.
137. The Committee has a non-statutory right of action to enjoin and declare unlawful
official action that is ultra vires.
138. Section 6103(f) establishes a non-discretionary duty on the part of Defendants to
the Committee, namely, to provide tax return and related information upon written request by the
Committee.
139. Defendants’ refusal to provide the requested information patently violates Section
6103(f).
140. As a result, the Committee has been, and will continue to be, injured by
Defendants’ action.

Basically, the IRS and Dept of Treasury are acting without any legal authority or power in denying the House Ways and Means Committee access to the trump tax returns. This is a fun application of the concept of ultra vires https://www.google.com/search?source=hp&ei=3KIbXdOFDpa-tQby7q2wCw&q=definition+ultra+vires&oq=definition+ultra+&gs_l=psy-ab.1.0.0l2j0i10j0l3j0i22i30l2j0i22i10i30j0i22i30.2899.9049..12244...2.0..0.238.2089.11j6j2......0....1..gws-wiz.....10..35i39j0i131i67j0i131j0i67j35i39i70i249.9kaHpyz-q5A

ul·tra vi·res
/ˌəltrə ˈvīrēz/
LAW
adjective
1.
acting or done beyond one's legal power or authority.
"at one point they argue that the legislation is ultras vires"
adverb
1.
beyond one's legal power or authority.
"he will take action against any body acting ultra vires"

This is a good petition

[RKP5637]

4. Thanks for this additional information!!! Quite interesting!!! n/t