II 109th CONGRESS 1st Session S. 2092 IN THE SENATE OF THE UNITED STATES December 13, 2005 Mr. Baucus introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to authorize review by the Joint Committee on Tax of Federal income tax returns of United States Supreme Court nominees, and for other purposes.

1.

Short title

This Act may be cited as the Supreme Court Tax Accountability Act of 2005.

2.

Findings and sense of Congress

(a)

Findings

Congress finds the following: (1)The Internal Revenue Service estimates that the United States Government annually fails to collect over $300,000,000,000 in Federal taxes legally owed due to taxpayer noncompliance with the Nation's tax laws. (2)Collection of taxes legally owed would enable the Government to fully fund the annual medicare costs of America’s sick and elderly and substantially reduce the annual Federal budget deficit. (3)The Senate Finance Committee’s due diligence process requires that nominees, including Cabinet Secretaries and Tax Court judges, provide their Federal income tax returns for the preceding 3 years for an independent review by appropriate tax law experts in the Senate. (4)Every day, Federal judges determine facts and render decisions on the application of the Nation's tax laws. Those who are nominated to stand in judgment of others, including Justices of the United States Supreme Court, must themselves assure the American public that they have faithfully complied with the Nation's tax laws. (b)

Sense of congress

It is the sense of Congress that individuals nominated by the President for positions on the United States Supreme Court should have complied with the Nation’s tax laws at a level beyond reproach. This requires a complete and independent review of the nominee’s Federal income tax returns by appropriate tax law experts in the Senate in a manner that does not compromise the confidential protection afforded such tax returns.

3.

Joint Tax Committee review of Federal income tax returns of United States Supreme Court nominees

(a)

In general

Section 8022 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4)

Review of supreme court nominee federal income tax returns

Within 30 days after the date of the submission to the Senate of a Presidential nominee to the United States Supreme Court, to obtain and inspect under section 6103(f)(1) the income returns of such nominee for the preceding 3 taxable years and to report to the chairman and the ranking minority member of the Committee on Finance and the Committee on the Judiciary on whether such returns reflect compliance with this title. . (b)

Effective date

The amendments made by this section shall apply to nominee submissions made after the date of the enactment of this Act.