Democratic senator questions IRS commissioner over tax returns memo

Senate Finance Committee ranking member Ron Wyden (D-Ore.) sent a letter to the IRS commissioner Wednesday about a confidential memo that reportedly contradicts the Trump administration’s reasons for not complying with a congressional subpoena for President Trump’s tax returns. 

Wyden wrote a letter to IRS Commissioner Charles Rettig asking him a series of questions including about when he first became aware of the memo that was reported last month by The Washington Post and who else in the IRS knew about it. 

The Oregon Democrat said in his letter to Rettig that the commissioner, in testimony before a House Appropriations subcommittee, “intimated that you had not discussed with IRS legal staff whether you as IRS Commissioner have discretion over whether to comply with a request for tax information.”

Wyden added that the reported existence of the memo, which was prepared in 2018, according to the Post, “may have significant implications on your House Appropriations subcommittee testimony” and his prior response to a letter by Wyden. 

Wyden said in a statement that “Congress needs to investigate to know whether Trump appointees have engaged in a cover up to conceal political interference inside the IRS.” 

“Career IRS officials prepared a legal analysis stating that the agency was required to provide the returns, and it was buried. We need to know who saw this memo and when,” he added. 

The draft memo written by an IRS lawyer last fall determined that the agency has to provide tax returns that are requested by Congress unless the president invokes executive privilege. 

Treasury Secretary Steven Mnuchin last month rejected a subpoena for the president’s tax returns. He has said the request lacks a legitimate legislative purpose.

President Trump has not invoked executive privilege over his tax returns, according to officials. 

The Hill has reached out to the IRS for comment.