Tom Brenner for The New York Times
WASHINGTON — The Treasury Department said on Wednesday evening that it would not immediately comply with a congressional request to hand over President Trump’s tax returns, setting up a protracted legal battle between two branches of government.
Steven Mnuchin, the Treasury secretary, said in a letter to Representative Richard E. Neal, the Democratic chairman of the House Ways and Means Committee, that the Treasury Department’s lawyers needed more time to assess the lawfulness of the request and expressed concern that it would be a violation of taxpayer privacy.
Mr. Mnuchin did not say how much time the review would take but conveyed concerns about whether Congress has authority to review the records.
“The committee’s request raises serious issues concerning the constitutional investigative authority, the legitimacy of the asserted legislative purpose and the constitutional rights of American citizens,” Mr. Mnuchin wrote. “The legal implications of this request could affect protections for all Americans against politically motivated disclosures of tax information, regardless of which party is in power.”
Mr. Neal responded to Mr. Mnuchin’s decision with a terse statement that indicated he believed the request was a matter for the Internal Revenue Service, not the Treasury secretary: “I will consult with counsel and determine the appropriate response to the commissioner in the coming days.”
Mr. Neal is expected to send a follow-up letter demanding the tax returns and outlining potential next steps, which could include a subpoena or a lawsuit. The issue could ultimately be decided by the Supreme Court.
Mr. Trump said on Wednesday that he would not turn over his tax returns because they remained under audit by the I.R.S., signaling a long fight ahead.
The president, who has used the excuse of an I.R.S. audit since the 2016 presidential campaign, made clear he would continue to cite that as a reason not to release his tax records, even though no law prevents a taxpayer from releasing returns while under audit.
“I would love to give them, but I’m not going to do it while I’m under audit,” Mr. Trump told reporters before departing for a trip to Texas. “I have no obligation to do that while under audit and no lawyer would tell you to release your tax returns while you’re under audit.”
Mr. Trump’s Treasury Department was facing a midnight deadline to respond to a letter sent last week by Mr. Neal, who issued a formal request…
How long does “being under audit” usually take the IRS? In my country it doesn’t take two years for qualified professionals to deal with an audit on one person’s business interests. Would the US like to borrow some Inland Revenue professionals from New Zealand who know how to conduct an audit?? I’m sure that our prime minister who sorted out our gun laws to get rid of military style weapons in a few weeks after our solitary mass shooting in a Mosque would be able to assist by lending appropriate personnel even if audit is a bit harder in the land of Mickey Mouse.