Posts tagged with "Bloomberg Law"

Trump’s tax returns can be released to Congress, Justice Department says

August 2, 2021

The Treasury Department should hand over former President Donald Trump’s tax returns to House Democrats, the Justice Department said on Friday, July 29, according to a report by Bloomberg Law.

In a written opinion,  the DOJ ruled that, “the Secretary of the Treasury (“Secretary”) “shall furnish” such information to any of the three congressional tax committees—the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, or the Joint Committee on Taxation—“[u]pon written request from the chairman” of one of those committees.”

More specifically, the 39-page opinion stated, “We conclude that the [Treasury] Secretary must comply with the Ways and Means Committee’s June 16, 2021 request” for the tax returns and related tax information.

That decision reverses a 2019 opinion that the Treasury Department should not release the returns, which “rested upon the assertion that the Committee was disingenuous about its true objective in seeking President Trump’s tax information.”

According to Bloomberg Law, the Biden Administration has repeatedly delayed its response in court to a lawsuit seeking six years of Trump’s personal and business tax returns. Lawyers for Trump, who have intervened in the suit filed by lawmakers, said in January they’d almost certainly seek to block the handover in court, making it unlikely that Democrats will get access to the documents anytime soon.

The court case is part of a multi-pronged legal effort by House Democrats to gain access to the returns, after Trump became the first president in modern history not to release them to the public. This case dates to 2019, when the House Ways and Means Committee sued to compel then-Treasury Secretary Steve Mnuchin to hand over the tax records. Under Trump, the Justice Department fought subpoenas issued by the committee, which filed a lawsuit.

Other lawsuits over the president’s tax records involving his accountants and bankers reached the Supreme Court, which ruled that Congress could not compel disclosure, at least for the time being. Those cases were sent back to the lower courts to assess whether lawmakers should narrow the scope of the information they sought.

The court has granted the district attorney in Manhattan, Cyrus Vance, access to Trump’s tax records as part of a criminal investigation into the former president’s business dealings. It’s unclear whether Vance will make those documents public.

In September 2020, The New York Times cited previously undisclosed returns in reporting that Trump had claimed chronic losses for years as a way to avoid taxes. He paid $750 in federal income tax in 2016, and paid no taxes at all in ten of the previous 15 years, the newspaper reported.

The case is Committee on Ways and Means, U.S. House of Representatives v. U.S. Department of the Treasury, 19-cv-1974, U.S. District Court, District of Columbia (Washington).

Research contact: @bloomberglaw

DoJ argues businesses can legally discriminate against transgender workers

October 26. 2018

The Department of Justice argued in the Supreme Court on October 24 that businesses can discriminate against employees based on their gender identity without violating federal sex discrimination laws, Bloomberg Law reported.

“The court of appeals misread the statute and this Court’s decisions in concluding that Title VII encompasses discrimination on the basis of gender identity,” Solicitor General Noel Francisco wrote in a brief regarding a case against a Michigan funeral home. R&G Harris and G&R Harris Funeral Homes, a family-owned business in the Detroit area, is accused of violating federal employment laws when it fired transgender worker Aimee Stephens in 2013.

Specifically, after Stephens said she was transitioning, her boss—a devout Christian, according to CNN—told her the situation was “not going to work out,” according to court documents. She was offered a severance package, but she declined to accept it—instead filing a complaint with the Equal Employment Opportunity Commission, which sued the funeral home.

The EEOC, which enforces civil rights law in the workplace, successfully sued on Stephens’ behalf in the Sixth Circuit Court of Appeals. But the Michigan funeral home has appealed the case to the Supreme Court, where the Justice Department represents the government.

The Justice Department’s argument that federal civil rights law does not apply to transgender workers comes after The New York Times reported on October 21  that the Department of Health and Human Services was moving ahead with efforts to limit the definition of gender—saying that gender can only be defined by the genitals a person had at birth.

A leading transgender advocate called the government’s reported action a “super aggressive, dismissive, dangerous move,” according to the Times.

“They are saying we don’t exist,” said Mara Keisling, director of the National Center for Transgender Rights, in an interview.

What’s more, this is not the first time that the rights of transgender people have been challenged by the current administration. The Trump administration also has attempted to ban transgender individuals from serving in the military — a move that was blocked by the courts in November 2017.

Research contact: copfer@bloomberglaw.com