A former head of the Justice Department’s Tax Division said during congressional testimony Thursday that President Joe Biden could be in legal trouble over Hunter Biden’s cash payouts to cover expenses.

Eileen J. O’Connor, who served as assistant attorney general during the George W. Bush administration from 2001 to 2007, testified at a Thursday House Oversight Committee hearing on the “The Basis for an Impeachment Inquiry of President Joseph R. Biden, Jr” about how the probe into Hunter Biden’s taxes was “thwarted.” “One factor that continues to be overlooked is the fact that in tax law, there’s a concept of constructive receipt,” O’Connor said when questioned by Republican Rep. James Comer of Kentucky. (RELATED: ‘My Jaw Dropped’: Former DOJ Official Reacts To ‘Malfeasance’ In Hunter Biden Probe)

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“If I owe you $100, but I don’t want to pay you directly, I don’t want a trace, but I know that Representative Jordan pays your bills, I will pay him knowing that he’s going to take care of you. You have constructive receipt of that money from me,” O’Connor added. The provision O’Connor mentioned is 26 CFR 1.451-2, according to Cornell University’s Legal Information Institute.

“Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given,” the regulation states.

Devon Archer, a former business partner of Hunter Biden, told investigators that then-Vice President Joe Biden spoke with his son, Hunter, “more than 20 times about their business deals,” according to Republican Rep. Marjorie Taylor Greene of Georgia. Republican Rep. Nancy Mace said on Aug, 14 that the money paid to the Biden family was in excess of $50 million.

“It’s really hard. But don’t worry, unlike Pop [Joe], I won’t make you give me half your salary,” Hunter Biden said in a 2019 text to his daughter Naomi, which was recovered from an archive from a laptop abandoned at a Delaware computer repair shop, the New York Post reported.

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