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One court case that is not getting nearly enough attention is the subpoena to Trump's accounting firm, Mazars USA.
It should be getting more because, as this author points out, it's likely that Mazars has the tax return records of Trump, along with broader financial information.
The same law that gives the W&M committee the right to request the returns of any tax payer, also requires the committee keep the information confidential, and in a closed session. But the law requiring this privacy only applies to tax returns that are from the IRS, not those from private firms, which means the Oversight committee could disclose all the information publicly if their subpoena works.
There are now three places Trump's tax returns and financial statements are being sought. The subpoena to Deutsche bank and JP Morgan, the subpoena to the IRS for his returns from the W&M committee, the subpoena to his accounting firm Mazars, and the new bill in NY that could also result in his returns becoming public.
It's just a matter of time. Trump can't play wack a mole forever, he's financial records are going to be caught in at least one of these inquires.
The Mazars USA Subpoena as an Existential Threat to President Trump - Just Security
It should be getting more because, as this author points out, it's likely that Mazars has the tax return records of Trump, along with broader financial information.
The same law that gives the W&M committee the right to request the returns of any tax payer, also requires the committee keep the information confidential, and in a closed session. But the law requiring this privacy only applies to tax returns that are from the IRS, not those from private firms, which means the Oversight committee could disclose all the information publicly if their subpoena works.
There are now three places Trump's tax returns and financial statements are being sought. The subpoena to Deutsche bank and JP Morgan, the subpoena to the IRS for his returns from the W&M committee, the subpoena to his accounting firm Mazars, and the new bill in NY that could also result in his returns becoming public.
It's just a matter of time. Trump can't play wack a mole forever, he's financial records are going to be caught in at least one of these inquires.
The Mazars USA Subpoena as an Existential Threat to President Trump - Just Security
The Mazars subpoena would encompass more information than the tax returns covered by IRC 6103, including financial statements, tax returns, and accounting work papers. Only tax returns in the possession of the IRS are subject to the vagaries of IRC 6103.
It should be noted that there is no accountant-client privilege equivalent to attorney-client privilege that could shield the secrecy of the financial documents maintained by Mazars for its client or that could provide a legal basis to delay compliance with the subpoena. The IRS does require tax preparers to obtain the client’s permission to release tax returns. However, should Mazars be in possession of 10 years worth of Trump business and personal tax returns, there is nothing in the law to prevent their ultimate disclosure to the public when Congress subpoenas them. A congressional ‘friendly’ subpoena requested by Mazars effectively shields them from the normal disclosure constraints of tax preparers.
Unlike Chairman Neal’s request for Trump tax returns from the IRS, Chairman Cummings probably expected a swift response to his subpoena to the Mazars. Trump’s legal team did file suit to prevent Mazars from immediately complying with their subpoena. Court fights are hard to prognosticate but the Trump team does not have a strong argument to interpose or delay the subpoena in a protracted court fight. As referenced above any argument asserted with reference to accountant/client privilege is weak. Congress does not recognize a binding attorney-client privilege on its proceedings, and a court opinion has upheld that view.