WaPo: Neal files lawsuit to compel IRS to turn over tax returns. What took so long?

[triron]

Link to tweet

[uponit7771]

1. Timing, is everything, need this dragged out during the election

[Gothmog]

2. I will be reading this petition over the holidays

[edhopper]

3. Neal was overly cautious

to make sure the suit was in proper order. He has to show all other avenues were exhausted.

I am not saying it was right to wait, just explaining.

[EleanorR]

4. Joyce Vance explains the timing

Link to tweet

[maxsolomon]

5. Getting ducks in very very very very precise rows.

I'm sure the lawsuit will make the IRS comply with the law sometime around January 21st, 2021.

[Gothmog]

6. As a corporate attorney, the cause of action for ultra vires makes me smile

There is a cause of action in this petition for ultra vires (which is a corporate law concept) that made me smile https://games-cdn.washingtonpost.com/notes/prod/default/documents/95ce180a-f07f-46a0-ac53-1c609608d589/note/1deef6dc-e461-4128-af12-5a61b5206c92.pdf#page=1

NON-STATUTORY REVIEW OF ULTRA VIRES ACTION BY DEFENDANTS
136. The Committee incorporates by reference and re-alleges the preceding
paragraphs, as if set forth fully herein.
137. The Committee has a non-statutory right of action to enjoin and declare unlawful
official action that is ultra vires.
138. Section 6103(f) establishes a non-discretionary duty on the part of Defendants to
the Committee, namely, to provide tax return and related information upon written request by the
Committee.
139. Defendants’ refusal to provide the requested information patently violates Section
6103(f).
140. As a result, the Committee has been, and will continue to be, injured by
Defendants’ action.

Basically, the IRS and Dept of Treasury are acting without any legal authority or power in denying the House Ways and Means Committee access to the trump tax returns. This is a fun application of the concept of ultra vires https://www.google.com/search?source=hp&ei=3KIbXdOFDpa-tQby7q2wCw&q=definition+ultra+vires&oq=definition+ultra+&gs_l=psy-ab.1.0.0l2j0i10j0l3j0i22i30l2j0i22i10i30j0i22i30.2899.9049..12244...2.0..0.238.2089.11j6j2......0....1..gws-wiz.....10..35i39j0i131i67j0i131j0i67j35i39i70i249.9kaHpyz-q5A

ul·tra vi·res
/ˌəltrə ˈvīrēz/
LAW
adjective
1.
acting or done beyond one's legal power or authority.
"at one point they argue that the legislation is ultras vires"
adverb
1.
beyond one's legal power or authority.
"he will take action against any body acting ultra vires"

This is a good petition