This archive report was first published on 11 July 2020.
For decades, the Internal Revenue Service has conducted mandatory annual audits of presidential tax returns. However, these audits are not made public, leaving Americans in the dark about their president's financial dealings.
On July 11, 2020, a reform law was proposed to change this. The law would require the I.R.S. to release the audits to the public once they are completed. This would provide transparency and accountability for the president's financial actions.
The Office of Government Ethics would be responsible for managing tax return disclosure law. They would work with the president and vice president to ensure that completed filings are made public. If the president refuses, the Joint Committee on Taxation would be authorized to demand the returns from the Treasury secretary and sue for enforcement in federal court if necessary.
This reform is consistent with the Constitution, which has long upheld personal financial disclosure requirements for public officials. The Supreme Court has noted that presidents' privacy rights are strongest when asserted in matters unrelated to their official capacity. However, the vast powers of the presidency, including the administration of tax laws, make it clear that the president's personal tax affairs are relevant to their official duties and the objective of deterring corruption.
Moreover, this history refutes any suggestion that tax return disclosure interferes with the president's performance of their constitutionally assigned functions. The historian Arthur Schlesinger wisely suggested that a 'strong presidency' is one conducted 'within an equally strong system of accountability.' Unfortunately, President Trump's rejection of transparency norms has weakened the presidency, not strengthened it.
As the debate over access to President Trump's tax returns continues, it is clear that only Congress can do by legislative reform what is required to protect the public's interest in this information.
