Without Legal Justification, WH Says IRS Will Pay Tax Refunds Even If Shutdown Continues

MIAMI, FL - DECEMBER 22:  A copy of a IRS 1040 tax form is seen at an H&R Block office on the day President Donald Trump signed the Republican tax cut bill in Washington, DC  on December 22, 2017 in Miami, Florida. Kathy Pickering, vice president of regulatory affairs and executive director of The Tax Institute at H&R Block released a statement about the new tax bill saying, " ItÕs going to change the way you think about and plan your income taxes. YouÕll need to take a fresh look at your individual situation to know your outcome and new strategies to use to get the best tax outcome.Ó  (Photo by Joe Raedle/Getty Images)
MIAMI, FL - DECEMBER 22: A copy of a IRS 1040 tax form is seen at an H&R Block office on the day President Donald Trump signed the Republican tax cut bill in Washington, DC on December 22, 2017 in Miami, Florid... MIAMI, FL - DECEMBER 22: A copy of a IRS 1040 tax form is seen at an H&R Block office on the day President Donald Trump signed the Republican tax cut bill in Washington, DC on December 22, 2017 in Miami, Florida. Kathy Pickering, vice president of regulatory affairs and executive director of The Tax Institute at H&R Block released a statement about the new tax bill saying, " It's going to change the way you think about and plan your income taxes. You'll need to take a fresh look at your individual situation to know your outcome and new strategies to use to get the best tax outcome." (Photo by Joe Raedle/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

Despite the IRS operating on a skeleton staff and being subject to the partial government shutdown, and contrary to longtime shutdown policy, the White House said Monday that tax refunds will be paid this year even if the shutdown extends for several more weeks.

“Tax refunds will go out,” Russell Vought, the acting director of the White House Office of Management and Budget, told reporters at a briefing Monday, according to several outlets. He added, per The Hill: “We have been trying to make this as painless as possible consistent with the law.”

Tax filing season is expected to start in late January or early February, and delayed refunds would’ve provided substantial political pressure to end the shutdown President Donald Trump initiated over his insistence that Congress provide $5 billion for a border wall.

But it’s unclear what legal authority the administration is asserting.

The Wall Street Journal reported that in past, administrations have said refunds can’t be paid while the government is shut down: “The administration’s legal argument wasn’t clear on Monday,” the paper said.

And The New York Times reported that lawyers for the Democratic majority on the House Ways and Means Committee thought the move would be illegal.

“We keep trying to call people at IRS and Treasury, and there’s no one there,” a committee spokesperson told the paper.

Latest News
308
Show Comments

Notable Replies

  1. Avatar for vonq vonq says:

    Does the WH actually understand what shutting down the federal govt actually means?

  2. “The administration’s legal argument wasn’t clear on Monday,”

    The administration does not concern itself with legal arguments. The political imperative is to get the tax cut refunds out to the one percenters so they will realize the return on their investment in Trump and his GOP enablers in Congress.

  3. Avatar for paulw paulw says:

    Nope. They’re lying as usual, and hoping that by the time their lie is caught they’ll be on to some other scandal.

    The strategy of flooding the zone so that opponents couldn’t keep up started with Reagan, but at least he did it with actions that were more or less lawful.

  4. “But it’s unclear what legal authority the administration is asserting.
    The Wall Street Journal reported that in past, administrations have said refunds can’t be paid while the government is shut down: “The administration’s legal argument wasn’t clear on Monday,” the paper said.”

    The WH crack legal team is currently concocting its argument for legal authority …

    Nyuk, nyuk, nyuk.

Continue the discussion at forums.talkingpointsmemo.com

302 more replies

Participants

Avatar for cabchi Avatar for mattinpa Avatar for clunkertruck Avatar for imkmu3 Avatar for clemmers Avatar for george_spiggott Avatar for squirreltown Avatar for inversion Avatar for chelsea530 Avatar for lastroth Avatar for left_in_washington_state Avatar for karlsgems Avatar for greylady Avatar for pshah Avatar for tena Avatar for texastwostep Avatar for demyankee Avatar for katscherger Avatar for joce_m Avatar for evave2 Avatar for godwit Avatar for zillacop Avatar for rascal_crone Avatar for c_stedman

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: