Tag: Tax Returns

Speaking of the IRS….


Well, at least someone was. The Nightly News featured about a 53-second segment on how the IRS is completely backed up on processing the 2020 tax returns.  If you blinked, you would have missed it.  However, it caught my attention because last week, we received a one-page letter that we had a credit that was deposited in our “account.”  Wow, I said to my husband, I think we have a refund! I put it aside, then looked at it again and decided to call our accountant.

His assistant asks me: “Did you owe money in 2020? (we always do so the answer was yes). Is it the same amount you owed? I wasn’t sure, but planned to dig out the return. She said they probably threw it away, but deposited your check.

“Excuse me, but what did you just say, I asked?! Could you repeat that – did you say they threw away our tax return??”

Stalking Trump’s Tax Returns


Ever since he has become President, Donald Trump has doggedly refused to make his tax returns public. As a business judgment, his decision seems highly dubious, but on balance I have reluctantly, but firmly, concluded that Trump is correct in asserting that these documents should be released during his presidency only pursuant to an impeachment proceeding.

It is the lesser of two evils to let these adversarial matters rest until Trump is out of office, when neither congressional investigation nor any civil or criminal suit could become a fatal distraction to the burdens of the office. As a quid pro quo, the President’s pursuers are entitled to a waiver of all statutes of limitations and to an order requiring Trump to preserve all of his documents and records for production once he is out of office.

My position has been soundly rejected by a bitterly divided panel from the Circuit Court of Appeals for the District of Columbia in Trump v. Mazars. There, the majority held that Trump’s accounting firm, Mazars USA, must turn over records relating to Trump and his business entities, including the Trump Organization, the Trump Corporation, and the Trump Old Post Office LLC, to the House of Representatives as part of its ongoing effort to develop proposals for legislative reform.  Chief Justice Roberts has now stayed that decision until the high court can decide whether to hear the case. It should take the case and promptly reverse the decision below.

Lock Them Up, After Giving Them the Full Manafort Treatment!


Late on 7 May 2019, the New York Times “broke” a story handed to them by Democrat Party operatives within the IRS, the New York State Department of Taxation and Revenue, or the New York City Department of Finance. Anyone with an ounce of common sense knows that these are the three possible employers of one or more employees who would, because of their positions in those particular agencies, have access to the IRS computer databases. The employee or employees reportedly had legal access to the computer database. They improperly accessed the system to steal 10 years of Donald Trump’s tax data from 1985 through 1994.

Each year is a record. That makes at least 10 felony counts, the way the IRS and DOJ play when they actually mean business. It is not a coincidence that the NYT was spoon-fed this data the day after Treasury Secretary Steve Mnuchin properly refused to hand over the most recent 10 years of Donald Trump’s tax returns to the House Democrats. This has nothing to do with “Russia,” and everything to do with supposedly non-political public employees illegally interfering in the 2020 election, just as the IRS did in 2012.

Trump’s Tax Returns, or What Does Nancy Pelosi Have to Hide?


Watching the election coverage last night it had barely become clear that the Democrats were going to take the House before all the talk (on the “mainstream” channels I was surfing) turned to salivating over the ability of House committees to use the subpoena power to get Trump’s tax returns. It was almost indecent. The masks slipped pretty fast. They weren’t attached very well to begin with.

But I’m not 100 percent sure how these tax return subpoenas are going to shake out. I’m familiar with the subpoena power in private litigation. As a lawyer for several decades, I’ve issued plenty of subpoenas. But subpoenas aren’t magic. You don’t necessarily get what you want. They’re just formal requests that obligate the recipient to either a) comply, b) negotiate some acceptable alternative, or c) let a court decide whether compliance is required (a recipient can move to quash or an issuer can move to compel enforcement). In practice, subpoenas are rarely complied with as issued.

Even a Stopped Clock…


You might want to sit down for this… Jerry Brown made a good decision. Actually, he made two.

The governor’s first good decision was vetoing a bill that would have enforced Obama’s Title IX guidance about campus sexual assault. This was the garbage rule that Secretary of Education Betsy DeVos scuttled because it denied the accused their due process rights. Brown explained his veto in a statement:

Since this law was enacted, however, thoughtful legal minds have increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault—well-intentioned as they are—have also unintentionally resulted in some colleges’ failure to uphold due process for accused students. Depriving any student of higher education opportunities should not be done lightly, or out of fear of losing state or federal funding.