Well, we already know that Hank Paulson is a big fan of large Wall Street banks taking over their smaller brethren, and now it appears that he broke the law to provide an additional subsidy for bank M&A activity.

Specifically, he “reinterpreted” an obscure section of the tax code, by tax code, I mean law as written by Congress, not regulations issued by the IRS, Section 382, which limits the amount of prior losses you can write down when you take over a company:

More than a dozen tax lawyers interviewed for this story — including several representing banks that stand to reap billions from the change — said the Treasury had no authority to issue the notice.

Several other tax lawyers, all of whom represent banks, said the change was legal. Like DeSouza, they said the legal authority came from Section 382 itself, which says the secretary can write regulations to “carry out the purposes of this section.”

Section 382 of the tax code was created by Congress in 1986 to end what it considered an abuse of the tax system: companies sheltering their profits from taxation by acquiring shell companies whose only real value was the losses on their books. The firms would then use the acquired company’s losses to offset their gains and avoid paying taxes.

(emphasis mine)

This is something that Hank Paulson and His Evil Minions^&trade have been lobbying to get for years, and anyone who is not a paid shill of the bank is saying that this was illegal.

He broke the law, and he knowingly did so.

You can talk all you want about criminalizing official behavior, but his behavior is plainly criminal.