A group of Democratic state senators in New York is attempting to unveil Donald Trump’s taxes by proposing legislation aimed at making his state tax returns public for the past five years.
The proposed legislation, known as the Tax Returns Uniformly Made Public Act (TRUMP Act), would mandate the state to make available online the tax returns of anyone elected to federal or statewide office, including the president and vice president.
Since Trump is a New York resident, bill sponsor Brad Hoylman believes this legislation will allow the public insight into Trump’s taxes.
“The tax experts I’ve consulted believe we may gain a clear view of what is reflected on his federal form,” he noted. The tax return covered by the New York Times before the election included the first pages of his New York state return.
Hoylman contends that it is crucial for Trump’s taxes to be made public as Congress discusses tax reform that could advantage high-income individuals, including the president.
Trump has declined to disclose his tax returns while in office, departing from a 40-year tradition. He has cited ongoing IRS audits as a reason, although such audits do not legally prevent individuals from publishing their returns. Additionally, Trump is required to undergo audits throughout his tenure in office.
A coalition of Democrats and a few Republicans, referencing Trump’s continuing business dealings, have urged him to release his returns or encourage Congressional leaders to utilize their authority to obtain them legally.
Another bill introduced by Hoylman demands that anyone on a statewide ballot in New York must disclose their federal tax returns, but this would not compel Trump to release any information until 2020 if he decides to run for a second term.
Hoylman credits the inspiration for the TRUMP Act to an op-ed by University of Chicago Law Professor Daniel Hemel in the Washington Post.
“Trump would almost certainly mount a constitutional challenge against any law requiring him to disclose his [federal] tax returns as a condition for ballot access, and it remains uncertain whether such laws would withstand judicial scrutiny,” Hemel wrote. “However, publishing Trump’s state tax returns is a far more feasible approach — and it would provide public access to his returns now, rather than three years down the road.”
The Republicans currently control the New York Senate due to some Democrats aligning with them to create a majority. Nevertheless, Hoylman expresses optimism regarding the potential passage of his bill.
“The Republican control of the Senate is merely nominal,” he remarked. “I wouldn’t dismiss the possibility of this occurring. There is widespread public support.”
The law stipulates that only those elected via statewide votes are required to disclose their tax returns, meaning that New York’s state representatives and senators are exempt from this obligation. Hoylman has not made his tax returns public but stated that he is not against doing so.
