COMMITTEE ON WAYS AND MEANS, UNITED STATES HOUSE OF REPRESENTATIVES v. UNITED STATES DEPARTMENT OF THE TREASURY et al
Filing
1
COMPLAINT against CHARLES P. RETTIG, INTERNAL REVENUE SERVICE, STEVEN T. MNUCHIN, UNITED STATES DEPARTMENT OF THE TREASURY (Fee Status:Filing Fee Waived) filed by COMMITTEE ON WAYS AND MEANS, UNITED STATES HOUSE OF REPRESENTATIVES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Civil Cover Sheet, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons)(Letter, Douglas)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
COMMITTEE ON WAYS AND MEANS,
UNITED STATES HOUSE OF REPRESENTATIVES,
1102 Longworth House Office Building
Washington, D.C. 20515,
Plaintiff,
Case No. 1:19-cv-1974
v.
UNITED STATES DEPARTMENT OF
THE TREASURY,
1500 Pennsylvania Avenue N.W.
Washington, D.C. 20220, et al.,
Defendants.
Exhibit I
DEPARTMENT OF THE TREASURY
WASHINGTON, D,C,
SECRETARY OF THE TREASURY
May 6, 2019
The Honorable Richard E. Neal
Chairman
Committee on Ways and Means
U.S. House of Representatives
Washington, DC 20515
Dear Chairman Neal:
I write in further response to your letter of April 3, 2019, requesting the confidential tax returns
(and other return information) of President Trump and related business entities for 2013 through
2018, pursuant to 26 U.S.C. § 6103(±).
As you have recognized, the Committee's request is unprecedented, and it presents serious
constitutional questions, the resolution of which may have lasting consequences for all taxpayers.
Accordingly, the Department of the Treasury has consulted with the Department of Justice
concerning the lawfulness of your request. As explained in my April 23 letter, the Committee's
statutory authority under section 6103(f) is bounded by Congress's authority under the
Constitution, and the Supreme Court has held that the Constitution requires that Congressional
information demands must reasonably serve a legitimate legislative purpose.
In reliance on the advice of the Department of Justice, I have determined that the Committee's
request lacks a legitimate legislative purpose, and pursuant to section 6103, the Department is
therefore not authorized to disclose the requested returns and return information.
The Department of Justice has informed us that it intends to memorialize its advice in a
published legal opinion as soon as practicable. Out of respect for the deadlines previously set by
the Committee, and consistent with our commitment to a prompt response, I am informing you
now that the Department may not lawfully fulfill the Committee's request.
Although the Department is unable to provide you with the requested confidential tax returns and
return information, we renew our previous offer to provide information concerning the
Committee's stated interest in how the IRS conducts mandatory examinations of Presidents, as
provided by the Internal Revenue Manual. If the Committee is interested, we remain committed
to providing such an accommodation.
Sincerely,
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Steven T. Mnuchin
cc: The Honorable Kevin Brady, Ranking Member
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