Draft IRS memo says presidential tax returns must be given to Congress

A confidential draft Internal Revenue Service memo directly contradicts Treasury Secretary Steven Mnuchin's reason for not turning over to Congress President Trump's tax returns, The Washington Post reports.

House Ways and Means Chairman Richard Neal (D-Mass.) formally requested Trump's tax returns last month; under a 1924 law, he is one of a handful of top lawmakers with the authority to do so. Mnuchin has refused to give Neal the returns, claiming Congress does not have a "legitimate legislative purpose" to request the documents.

The memo, obtained by the Post, states otherwise, asserting that it is "mandatory" the returns are disclosed, as the law "does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met." The only way the IRS can refuse to comply with a Congressional subpoena "would be the invocation of the doctrine of executive privilege," the memo states, which has not happened.

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The IRS told the Post the draft was prepared in the fall by a lawyer in the Office of Chief Counsel, and does not represent the "official position" of the agency. Trump has not released his tax returns on his own, first claiming that he can't do so because he is under audit, and later saying no one could understand his complex filings anyway.