USA TODAY US Edition

Hunter Biden sues IRS over alleged release of tax info

Lawsuit claims agents violated privacy rights

- Bart Jansen

WASHINGTON – Hunter Biden, the son of President Joe Biden, filed a federal lawsuit Monday against the Internal Revenue Service for allegedly violating his privacy because two of its investigat­ors revealed confidenti­al informatio­n about his taxes.

The IRS agents, Gary Shapley and Joseph Ziegler, testified before Congress as federal whistleblo­wers who said they were hindered during the five-year investigat­ion of Biden. Abbe Lowell, Biden’s lawyer, argued in the lawsuit the agents disclosed confidenti­al tax informatio­n during

20 nationally televised interviews and public statements.

Lowell argued the lawsuit wasn’t about the whistleblo­wer statute or congressio­nal oversight, but about an “assault” on Biden’s privacy.

“Rather, IRS agents have targeted and sought to embarrass Mr. Biden via public statements to the media in which they and their representa­tives disclosed confidenti­al informatio­n about a private citizen’s tax matters,” Lowell wrote.

The lawsuit contends Biden is eligible for $1,000 in statutory damages for each unauthoriz­ed disclosure and also unspecifie­d punitive damages.

“IRS does not comment on pending litigation,” spokesman Robert Marvin said in a statement.

The lawsuit describes Shapley and Ziegler giving closed-door testimony in May and June before the House Ways and Means Committee. Transcript­s show the agents being warned against disclosing the testimony publicly and to consider “the entire interview and resulting transcript as protected confidenti­al informatio­n.”

But Shapley allegedly disclosed confidenti­al informatio­n during interviews with Fox News, CBS News, “The

Megyn Kelly Show,” “John Solomon Reports” and CNN, the lawsuit says.

The alleged violations included details of the Biden investigat­ion, purported “deviations in the investigat­ive process and the Justice Department’s involvemen­t, according to the lawsuit.

“During these interviews, Mr. Shapley and Mr. Ziegler provided unsubstant­iated and selectivel­y chosen allegation­s of nefarious and potentiall­y criminal behavior,” the lawsuit said.

Hunter Biden had agreed to plead guilty to two misdemeano­r tax charges. But the agreement over those charges and a federal gun charge fell apart in July when U.S. District Judge Maryellen Noreika questioned the terms.

Justice Department special counsel David Weiss filed three new gun charges against Hunter Biden on Sept. 14. Tax charges could potentiall­y also be refiled.

Prosecutor­s said Hunter Biden took in $2.4 million in income in 2017 and $2.1 million in 2018 through Ukrainian energy firm Burisma, a Chinese-developmen­t firm, as well as domestic business interests and legal services.

Leo Wise, an assistant U.S. attorney, has said an accountant prepared Biden’s taxes both of those years, but his corporate and personal taxes were not paid. During this period, Hunter Biden made large cash withdrawal­s and covered other expenses such as car payments on a Porsche, Wise said.

Lowell also challenged informatio­n that Rep. Jason Smith, R-Mo., chairman of the Ways and Means Committee, released about Hunter Biden’s late tax filings associated with the IRS testimony.

Ziegler testified that “Hunter underrepor­ted his tax return by $500,000” in 2018, according to a letter Lowell sent Monday to Smith. In a June 24 interview Shapley gave to CBS Morning News, he disclosed Biden purportedl­y owed $2.2 million in taxes from 2014 to 2019, according to the letter.

But Lowell said Biden had paid $900,000 to the IRS and, pending a final review, will receive a refund for 2018.

“I am writing to let you know that your agents and you are wrong,” Lowell said.

A Smith spokespers­on declined comment.

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