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IRS Tag

Cleta Mitchell is a conservative activist who has been very vocal about the IRS scandal which involved the targeting of conservative Tea Party groups in the run-up to the 2012 election. She recently appeared on C-Span and an alleged IRS employee called into the show and explained to her that he would target these groups because they want to abolish the IRS. Ali Meyer reported at the Washington Free Beacon:
IRS Employee Admits He Would Go After, Target, and Try to End Conservative Groups A self-identified IRS employee admitted he would go after, target and try to end conservative groups who wanted to abolish the IRS, to Cleta Mitchell, an attorney representing those groups, on a Washington Journal segment on C-SPAN.

Do you trust the federal government to prepare your taxes for you? Elizabeth Warren thinks so. Should the Tea Party activists and others who have been harassed by the IRS for political reasons in recent years be expected to trust the agency with preparing their returns? Isn't it bad enough that the IRS can use its power of audit? Boston.com reported:
Elizabeth Warren thinks the IRS should fill out your tax returns With Monday’s tax filing deadline looming over many Americans’ weekends, Sen. Elizabeth Warren’s new bill may seem like a godsend. The Massachusetts Democrat introduced legislation Wednesday that would allow U.S. taxpayers to have the government do their taxes for them—for free.

The Sixth Circuit Court of Appeals issued a blistering rebuke of the IRS today in Tea Party groups' suit against IRS targeting. The opinion by Chief Judge Raymond Kethledge on behalf of a three-judge panel opens:
Among the most serious allegations a federal court can address are that an Executive agency has targeted citizens for mistreatment based on their political views. No citizen—Republican or Democrat, socialist or libertarian—should be targeted or even have to fear being targeted on those grounds. Yet those are the grounds on which the plaintiffs allege they were mistreated by the IRS here. The allegations are substantial: most are drawn from findings made by the Treasury Department’s own Inspector General for Tax Administration. Those findings include that the IRS used political criteria to round up applications for tax-exempt status filed by so-called tea-party groups; that the IRS often took four times as long to process tea-party applications as other applications; and that the IRS served tea-party applicants with crushing demands for what the Inspector General called “unnecessary information.”

In early 2014, the Internal Revenue Service launched a new feature on its website referred to as 'Get Transcript.' This feature allowed taxpayers to view and download their transcript, or a document that lists most line items on a tax return and includes accompanying forms and schedules. In May of last year, the IRS announced its Get Transcript feature had been hacked by criminals using taxpayer information that was obtained by different means. At this time, the IRS had determined that a little over 114,000 taxpayers' returns were accessed and the Get Transcript feature was taken offline. By August, the IRS revised the original number to 334,000 breached or targeted tax returns. As of last Friday, however, the IRS added another 390,000 taxpayers to the list, upping the number of accounts effected to over 700,000. Not included in this number are 500,000 accounts the hackers targeted but were unable to obtain.

Tea Party groups won a major victory last week, when Judge Susan J. Dlott of the United States District Court for the Southern District of Ohio certified a class of Tea Party organizations that allege the IRS intentionally delayed their applications for preferential tax treatment based on their political viewpoints. Winning class certification in NorCal Tea Party Patriots v. Internal Revenue Service is a big deal, because it means the Court has already made several determinations, all of which favor the class.  The Court has determined that the number of Tea Party groups effected by the IRS's alleged behavior is so numerous that they can proceed together as a class.  The Court has also determined that all of the Tea Party groups have valid legal claims against the IRS which share common legal issues; in other words, that the IRS has treated them all the same way. Having survived the hazardous class certification step, the Plaintiffs will now get substantive discovery from the IRS and from third parties.  As the Washington Times summarized:

CNN Reports:
The Justice Department notified members of Congress on Friday that it is closing its two-year investigation into whether the IRS improperly targeted tea party and other conservative groups. There will be no charges against former IRS official Lois Lerner or anyone else at the agency, the Justice Department said in a letter. The probe found "substantial evidence of mismanagement, poor judgment and institutional inertia leading to the belief by many tax-exempt applicants that the IRS targeted them based on their political viewpoints. But poor management is not a crime."
Despite incriminating evidence and findings by IRS inspectors that Tea Party and conservative groups were treated worse than other groups, DOJ found no support for the view that Lerner and others were politically motivated, as CNN further reported:

Last week, in an August 24, 2015 Status Report, the Internal Revenue Service disclosed that Lois Lerner used a secret personal email account denominated as "Toby Miles." The filing was in a FOIA case filed by Judicial Watch. In a filing last night of an August 31, 2015 Status Report, the IRS revealed that  Lerner also used "a second personal email account" that, unlike the Toby Miles account, "does not appear to be associated with a denomination; only the email address itself appears." The IRS refuses to disclose the email address for either the Toby Miles or the newly discovered account. (added) Tom Fitton, President of Judicial Watch, commented on this latest disclosure:
“It is disturbing that the Obama administration’s explanations to a federal judge about Lois Lerner’s emails become inoperative after only one week. Last week, the court was told that that Lois Lerner had a second alias email account under the name “Toby Miles”. This week the court is told that the “Toby Miles” account isn’t a separate account but that that there still is a second Lerner account, address unrevealed, with IRS-related emails. This game of cat and mouse shows that both the Obama IRS and Justice Department continue with their contempt for Judge Sullivan’s orders that Ms. Lerner’s emails about this scandal be disclosed as the law requires.”
The August 31 status report reads, in part (full embed at bottom of post):

Late last night the IRS filed a Status Report (full embed at bottom of post) disclosing that Lois Lerner used a secret email account for some official business, under the name "Toby Miles." The Washington Times reports:
Lois Lerner had yet another personal email account used to conduct some IRS business, the tax agency confirmed in a new court filing late Monday that further complicates the administration’s efforts to be transparent about Ms. Lerner’s actions during the tea party targeting scandal. The admission came in an open-records lawsuit filed by Judicial Watch, a conservative public interest law firm that has sued to get a look at emails Ms. Lerner sent during the targeting.
The Status Report (embed below) discloses, in relevant part:
On August 24, 2015, the Internal Revenue Service (“Service”) released to Judicial Watch, Inc., a CD containing documents responsive to Judicial Watch’s Freedom of Information Act (“FOIA”) request for Lois Lerner communications regarding the review and approval process for 501(c)(4) applications.... In the process of preparing this status report and for the August 24, 2015, release of Lerner communications, the undersigned attorneys learned that, in addition to emails to or from an email account denominated “Lois G. Lerner” or “Lois Home,” some emails responsive to Judicial Watch’s request may have been sent to or received from a personal email account denominated “Toby Miles.” The undersigned attorneys contacted the Office of IRS Chief Counsel, and IRS Chief Counsel attorneys informed the undersigned attorneys that these denominations refer to a personal email account used by Lerner. (See Pl.’s Mot. for Status Conf., 15 n.8 (Docket No. 20-2) (noting that the Congressional database includes documents that Lerner’s attorneys provided from Lerner’s “personal home computer and email on her personal email” account(s)).)

Lois Lerner is back in the news. According to a new report, emails Lerner sent to a friend reveal that the called Republicans evil and dishonest. She also criticized the Citizens United ruling as one of the worst things to happen in the United States. Andrew Kugle of the Washington Free Beacon:
Lois Lerner: GOP is ‘Evil and Dishonest’ Former IRS official Lois Lerner said that Republicans are “evil and dishonest,” in a email dated March 26, according to Fox News reporter James Rosen. In the email, Lois Lerner described the time when she was called back to testify about the IRS targeting of conservatives before Congress. “They called me back to testify, on IRS ‘scandal,” Lerner wrote. “I took the fifth again and they had been so evil and dishonest in my lawyer’s dealings with them.”
Here's the video report with James Rosen of FOX News:

When Lois Lerner preemptively "broke" the story in 2013 about the IRS targeting conservative groups from (at least) 2010 to the time leading up to the 2012 presidential election, there was outrage and a bit of curiosity because it was she, then director of the Exempt Organizations Unit of the IRS, who admitted to these illegal actions.  Four days later, the Inspector General's office issued a report confirming the targeting, and three years later, we are learning of additional targets such as Bristol Palin. After his initial feigned outrage, Obama, of course, is adamant that there is not a "smidgen of corruption" at the IRS, but that remains to be seen as reports of ongoing IRS targeting of conservatives emerge. Conservatives were—and are—justifiably outraged at such a blatant and illegal weaponization of the IRS against those whom Lerner and others in the IRS, perhaps on up to the White House, deemed threatening or otherwise "enemies."

Yesterday, House Oversight committee Chairman Jason Chaffetz (R-Utah) wrote a detailed letter to President Obama asking him to remove IRS chief John Koskinen from office. "Detailed" is an understatement. Chaffetz's 29-page request reasserts Congress' efforts to investigate the IRS's targeting of taxpayers on the basis of their political beliefs, and describes in detail how Koskinen's actions have obstructed that investigation. The letter accuses Koskinen of refusing to comply with a congressional subpoena, failing to testify truthfully, and failing to preserve and produce up to 24,000 e-mails the Oversight committee deemed relevant to its investigation. Via Fox News:

President Obama appeared on the Daily Show this week and claimed that the IRS never targeted the Tea Party. Yet according to an explosive new report from Judicial Watch, the IRS used donor lists from certain organizations to target specific people for audits:
Judicial Watch: New Documents Show IRS Used Donor Lists to Target Audits (Washington, DC) – Judicial Watch announced today that it has obtained documents from the Internal Revenue Service (IRS) that confirm that the IRS used donor lists to tax-exempt organizations to target those donors for audits.  The documents also show IRS officials specifically highlighted how the U.S. Chamber of Commerce may come under “high scrutiny” from the IRS.  The IRS produced the records in a Freedom of Information lawsuit seeking documents about selection of individuals for audit-based application information on donor lists submitted by Tea Party and other 501(c)(4) tax-exempt organizations (Judicial Watch v. Internal Revenue Service (No. 1:15-cv-00220)). A letter dated September 28, 2010, then-Democrat Senate Finance Committee Chairman Max Baucus (D-MT) informs then-IRS Commissioner Douglas Shulman: “   I request that you and your agency survey major 501(c)(4), (c)(5) and (c)(6) organizations …”  In reply, in a letter dated February 17, 2011, Shulman writes: “In the work plan of the Exempt Organizations Division, we announced that beginning in FY2011, we are increasing our focus on section 501(c)(4), (5) and (6) organizations.”

Forty-eight hours after the Supreme Court's monumental gay marriage decision, and progressives are already calling for an end to tax exemptions for churches. Anticipating the Supreme Court's eventual ruling on Obergefell v. Hodges, Senator Mike Lee and Rep. Raul Labrador introduced the First Amendment Defense Act. The bill would protect religious institutions who, for religious beliefs, do not actively participate in gay wedding ceremonies. In an op-ed published two weeks ago in the Deseret News, Sen. Lee explained:
This is a bill that would prohibit the federal government from penalizing individuals or institutions on the basis that they act in accordance with a religious belief that marriage is a union between one man and one woman. The First Amendment Defense Act, which Rep. Raúl Labrador, R-Idaho, will introduce in the House of Representatives, would prevent any agency from denying a federal tax exemption, grant, contract, accreditation, license or certification to an individual or institution for acting on their religious beliefs about marriage.
Supreme Court Gay Marriage Oral Argument Fox News Tax Exemption After hearing the oral arguments in Obergefell v. Hodges, Sen. Lee was most disturbed by a question asked by Justice Alito.

Earlier this year, Rasmussen released a poll showing that only 31% of Americans trust the IRS to enforce tax laws fairly.  Given the targeting of conservatives, reports of refunds going to illegals who didn't pay taxes, and the sharing of confidential tax payer information with the White House, it's surprising the percentage is that high. It seems clear that there is growing dissatisfaction with the IRS and with the nation's ridiculously complex tax laws.  At 74,608 pages, the U. S. tax code is both ponderous and confusing. With all of the new taxes buried in ObamaCare alone, the tax code has grown by nearly 3,000 pages since 2010. In response to all of this, Americans are more ready than ever for substantial tax reform, and hearing the call, Rand Paul released a new video outlining his new tax plan that appears to be a hybrid of the fair tax and the flat tax. Here's the statement from his website:
I stand with Rand in his fight to defeat the Washington Machine and drive a stake through the heart of the IRS by: Ending the workers tax: This plan will end the FICA payroll tax, the largest tax for many working Americans. It goes to zero. Eliminating the headaches and complications in filing federal taxes by allowing every taxpayer to file a simple, one-page return with a low and fair tax rate of 14.5%, saving American families over $2 TRILLION in the first 10 years;

The race for 2016 has shifted the focus of the media and many Americans away from the IRS scandal, but a new development in the story has come to light. Over 6,000 Lois Lerner emails have been found but the IRS is stalling on sharing them. You'll never guess why. Gerri Willis of the FOX Business Network reports:
IRS Finds 6,400 Lois Lerner Emails But Won't Hand Em Over The Internal Revenue Service may have found 6,400 emails from Lois Lerner, who oversaw the tax agency’s Exempt Organizations Unit, but the government agency has no plans to share. Attorneys from the Department of Justice representing the IRS say the emails won’t be shared because the service is making sure that none of them are duplicates. Lerner is at the center of a scandal in which the tax agency denied special tax status to conservative groups. Her emails have been sought by members of Congress and conservative groups alike. One of those groups, Judicial Watch, has been seeking emails as part of a Freedom of Information Act (FOIA) request filed two years ago. Originally, the IRS said the email trail was permanently lost because the computer drive that contained it crashed. However, the Treasury Department’s Inspector General for Tax Administration or TIGTA, was able to retrieve 6,400 emails which it has subsequently sent to the agency. It is these emails that the IRS wants to check for duplicates.
Watch the video report below.

Last time we saw Lois Lerner, she was breathing a sigh of relief upon hearing the news that the DOJ had declined to pursue contempt charges after her refusal to testify before a House committee. At the time, this may have seemed like a huge win, but in context, a contempt charge was and probably remains the least of Lerner's problems. Just months before learning she was in the clear, Lerner got buried beneath a damning pile of recovered e-mails showing a very, very paranoid Lois Lerner. The evidence gained from those e-mails suggests a group of officials bent on suppressing the free speech of their political enemies, and screams "cover up." Just think---what if there were even more e-mails out there containing even more damning evidence?! Ask, and you shall receive. An inspector general investigating IRS misconduct has unearthed additional e-mails, and turned them over to Congress. Via Fox News [emphasis mine]:
“This underscores that our investigation into IRS abuse is far from over,” a House Ways and Means Committee spokesman said Wednesday. “The committee will thoroughly review these new emails as part of our ongoing efforts to find out exactly what happened and provide accountability."

The Department of Justice may have let Lois Lerner off the hook, but a judge has ordered the IRS to release the names of the Tea Party groups that were singled out for scrutiny. Stephen Dinan of the Washington Times:
Judge orders IRS to release list of tea party groups targeted for scrutiny A federal judge ordered the IRS this week to turn over the list of 298 groups it targeted for intrusive scrutiny as the agency defends against a potential class-action lawsuit by tea party groups who claim their constitutional rights were violated. The IRS had argued it shouldn’t have to release the names because doing do would violate privacy laws, but Judge Susan J. Dlott, who sits in the Southern District of Ohio, rejected that claim and ordered the tax agency to turn over any lists or spreadsheets detailing the groups that were targeted and when they filed their applications. Judge Dlott also ordered the IRS to say whether a partial list of targeted groups reported by USA Today is authentic as a number of tea party groups try to win certification for a class action lawsuit against the IRS.

You all remember Lois Lerner's contemptuous refusal to testify before a House Committee after she gave an opening statement in which she effectively testified to her defense. The House sought a DOJ prosecution for contempt. News that will shock no one, DOJ will not prosecute. Politico reports:
The Justice Department will not seek criminal contempt charges against former IRS official Lois Lerner, the central figure in a scandal that erupted over whether the tax agency improperly targeted conservative political groups.