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IRS Tag

The IRS is unable to produce some of the emails of former agency official Lois Lerner due to a computer crash, according to a statement from the House Ways and Means Committee.
Today, Ways and Means Committee Chairman Dave Camp (R-MI) issued the following statement regarding the Internal Revenue Service informing the Committee that they have lost Lois Lerner emails from a period of January 2009 – April 2011.  Due to a supposed computer crash, the agency only has Lerner emails to and from other IRS employees during this time frame.  The IRS claims it cannot produce emails written only to or from Lerner and outside agencies or groups, such as the White House, Treasury, Department of Justice, FEC, or Democrat offices. “The fact that I am just learning about this, over a year into the investigation, is completely unacceptable and now calls into question the credibility of the IRS’s response to Congressional inquiries.  There needs to be an immediate investigation and forensic audit by Department of Justice as well as the Inspector General. “Just a short time ago, Commissioner Koskinen promised to produce all Lerner documents.  It appears now that was an empty promise.  Frankly, these are the critical years of the targeting of conservative groups that could explain who knew what when, and what, if any, coordination there was between agencies.  Instead, because of this loss of documents, we are conveniently left to believe that Lois Lerner acted alone.  This failure of the IRS requires the White House, which promised to get to the bottom of this, to do an Administration-wide search and production of any emails to or from Lois Lerner.  The Administration has repeatedly referred us back to the IRS for production of materials.  It is clear that is wholly insufficient when it comes to determining the full scope of the violation of taxpayer rights.”
Last month, the Ways and Means Committee indicated that the IRS had finally agreed to turn over all Lois Lerner emails to the Committee.  But according to Friday's statement, it appears there had not been any mention until now that some of the emails would not be able to be produced because of the supposed computer crash. Apparently, Lerner tried to have technicians reconstruct her hard drive at the time of the crash, the Wall Street Journal reported.

While the IRS assault on Tea Party groups is well known, another equally disturbing development is taking shape at the beleaguered agency. Alana Goodman of The Washington Free Beacon reported...
Lawsuit Alleging IRS Discrimination Against Pro-Israel Groups Moves Forward A lawsuit alleging that the IRS discriminates against pro-Israel groups will be allowed to move forward, a federal judge ruled this week in Washington, D.C. The IRS has been fighting to quash the lawsuit filed in 2009 by pro-Israel group Z Street, claiming the court does not have jurisdiction to hear the matter. However, Judge Ketanje Brown Jackson rejected the agency’s request to dismiss the case on Wednesday and ordered the IRS to respond to Z Street’s complaint within the next 30 days. Z Street says its constitutional rights were violated by an IRS policy that allegedly singles pro-Israel groups out for stricter scrutiny when they apply for tax-exempt status. According to the lawsuit, an IRS official told Z Street’s lawyer in 2009 that the group’s application for tax-exempt status would be “sent to a special unit in the D.C. office to determine whether the organization’s activities contradict the administration’s public policies.”
Eugene Volokh provides more insight at The Washington Post...

The IRS has agreed to turn over all Lois Lerner emails to the House Committee on Ways and Means, according to a statement posted on the committee's website Thursday. From the Ways and Means committee website: Today, Ways and Means Chairman Dave Camp (R-MI) announced that one...

In the world of federal Inspectors General, there are some evergreens in agency oversight. There are federal employees in every agency who periodically misuse their official credit cards, use their workplace computers to look at pornography, or fail to pay their taxes in timely fashion. Indeed, every year, there are news stories about the number of federal employees at each agency with tax delinquency issues. An IG can expect to find evidence of such misconduct by conducting an audit or investigation every couple of years or so. Monday, the Treasury Inspector General for Tax Administration (TIGTA), issued a report demonstrating that truism and disclosing that:
[B]etween October 1, 2010 and December 31, 2012, more than 2,800 [IRS] employees with recent substantiated conduct issues resulting in disciplinary action received more than $2.8 million in monetary awards, more than 27,000 hours in time-off awards, and 175 quality step increases. Among these, more than 1,100 IRS employees with substantiated Federal tax compliance problems received more than $1 million in cash awards, more than 10,000 hours in time-off awards, and 69 quality step increases within a year after the IRS substantiated their tax compliance problems.
The report explains that “the most serious conduct issues included late payment and/or nonpayment of Federal taxes, Government travel card misuse or delinquency, Section 1203(b) violations, misconduct, and fraud issues.” Section 1203 of the 1998 IRS Restructuring and Reform Act provides that certain acts or omissions can be the basis of a removal for cause for misconduct. “Drug use and violent threats” are examples of misconduct, and “fraudulently claiming unemployment benefits and fraudulently entering attendance and leave on timesheets” are examples of fraud. The report includes the following table showing the extent of the problem:

The House Committee on Oversight and Government Reform has scheduled a hearing on IRS targeting for 9:30am ET today. Former IRS official Lois Lerner has been recalled to testify before the committee; she is expected to appear, but after much confusion over the last few days, it's unclear whether or not Lerner will answer any questions. Update:  Hearing over, Lerner pleaded the 5th to all questions: [caption id="attachment_80340" align="alignnone" width="510"](Lois Lerner Pleads 5th House Hearing 3-5-2014) (Lois Lerner Pleads 5th House Hearing 3-5-2014)[/caption] Issa showed an email from Lerner in 2011 demonstrating hostility to the Tea Party and asked her about it, but she refused to answer questions about it: [caption id="attachment_80338" align="alignnone" width="575"](Lois Lerner Exhibit House Hearing 3-5-2014) (Lois Lerner Exhibit House Hearing 3-5-2014)[/caption] Lerner left the hearing without answering a single quesion:

An attorney for Lois Lerner says the former Internal Revenue Service official still intends to continue to assert her Fifth Amendment rights before the House Oversight committee, despite earlier claims from a top GOP lawmaker Sunday that she would testify this week. Rep. Darrell Issa (R-Calif.),...

At this point it's tempting to regard the IRS as not-so-secret agents of the Obama administration and the Democrats. This is not paranoia. As Ed Rogers wrote in the WaPo, it is fact:
Encouraged by the lack of a public backlash, an uninquisitive press, cover from the White House and an eager-to-please bureaucracy, the Democrats are boldly counting on the IRS to be their political and policy enforcer.This statement isn’t an overreach by the “vast right-wing conspiracy” or a phony crisis created by hecklers (like me) on the right — it goes back to the early stages of President Obama’s reelection campaign.
Rogers goes on to list some of the more egregious examples of what has occurred and how the administration has been emboldened by the fact that so far there have been few negative consequences to them for their actions. The hue and cry that might have been expected - and to a certain extent came at first, when some of the revelations about Tea Party harassment were revealed - has been muted and blunted. So now the excesses are being further and more openly institutionalized:

Call it the political equivalent of the "Polar Vortex". As we enter Day 244 of the Internal Revenue Service scandal of suppressing conservative groups by the unfair application of tax-exempt status rules, there is a development that is chilling the hearts of citizen activists everywhere. The IRS is planning to codify its tactics into truly heavy-handed regulations. Matt Kibbe of Freedom Works explains:
“While you were all celebrating Thanksgiving with family and friends, the Obama Administration was quietly releasing a new set of draconian IRS regulations that would make it virtually impossible for tea parties that want to participate in the political process to do their business. They’re going after conservative groups, they’re going after libertarian groups, and they’re going after citizen groups that want to organize people based on the values of the constitution; based on the ideas of freedom and have an impact on the political conversation.”
In a nutshell, the agency will be using one of the administration's favorite tactics: Redefining terms. There would be favorable rulings for groups promoting "social welfare."

The IRS Scandal is alive and kicking.  Although it is being drowned out of media attention by the Obamacare and Benghazi scandals. Two important revelations this week related to the targeting of conservative and Tea Party groups. First, Lois Lerner has been caught feeding confidential tax information to the Federal Election Commissions, including the infamous questionaires.  Via Judicial Watch, which obtained the documents, IRS’ Lerner Disclosed Confidential Information about Tax Status of Conservative Groups to FEC:
Judicial Watch announced today that it has obtained email exchanges between former Internal Revenue Services (IRS) Director of Exempt Organizations Lois Lerner and enforcement attorneys at the Federal Election Commission (FEC) indicating that the IRS provided detailed, confidential information concerning the tax exempt application status and returns of conservative groups to the FEC in violation of federal law. Included with the email exchanges were IRS questionnaires to a conservative group that contained questions of a hostile nature.... The bulk of the records obtained by Judicial Watch consist of extensive materials from the IRS’ files sent from Lerner to the FEC containing detailed, confidential information about the organizations. These include annual tax returns (Forms 990) and request for exempt recognition forms (Form 1024), Articles of Organization and other corporate documents, and correspondence between the nonprofit organizations and the IRS. Under Section 6103 of the Internal Revenue Code, it is a felony for an IRS official to disclose either “return information” or “taxpayer return information,” even to another government agency.
Earlier in the week Eliana Johnson at National review detailed the results of IRS leaks about the National Organization for Marriage to its political opponent, the pro-gay marriage Human Rights Campaitn.  Most outrageous is how the the law protects the identify of the illegal leaker.  Investigation IDs IRS Leaker:

Great news for the mostly furloughed IRS, now mostly out of sight, out of mind. The new rallying cry across the nation is "Don't Barrycade me, bro!" https://twitter.com/LegInsurrection/status/387977265591504896 (Video added h/t Hot Air)(see our prior post for background): ...

There was joy in liberal blogospheric Mudville when it was reported that terms like "progressive" also were used as a screening mechanism. PROOF! The IRS Scandal was not a scandal! Uh, yes, it was a scandal. Via The Hill, Treasury IG: Liberal groups weren't targeted by IRS like...

In the wake of intense criticism over the agency's targeting of conservative groups, former and current embattled IRS officials, Steven Miller and Lois Lerner, have reportedly received threats of physical violence. From Sky News: Ousted IRS acting commissioner Steven Miller has received threats, a source told Reuters...

Following the unfolding scandal of the Internal Revenue Service's targeting of the Tea Party, I keep the following thought in mind: Neither party in Congress can be relied upon to satisfactorily resolve this issue.  They created the IRS, fund the IRS, and oversee the IRS.  All...