Sunday, May 12, 2013



More updates to a post from the other day.
Turns out, the IRS was targeting groups it didn't like, particularly conservative groups or groups with "Tea Party" or "Patriot" in their name, but apparently it went a little further than that and most likely, leaking confidential info before the November elections.

Remember - these are the same people who will have control of Obamacare.
Good luck with that.

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Wider Problems Found at IRS

Probe Says Tax Agency Used Sweeping Criteria to Scrutinize Conservative Groups


By JOHN D. MCKINNON and SIOBHAN HUGHES

The Internal Revenue Service's scrutiny of conservative groups went beyond those with "tea party" or "patriot" in their names—as the agency admitted Friday—to also include ones worried about government spending, debt or taxes, and even ones that lobbied to "make America a better place to live," according to new details of a government probe.

The investigation also revealed that a high-ranking IRS official knew as early as mid-2011 that conservative groups were being inappropriately targeted—nearly a year before then-IRS Commissioner Douglas Shulman told a congressional committee the agency wasn't targeting conservative groups.



Associated Press

Tax-exempt groups organized under section 501(c)(4) of the Internal Revenue Code are allowed to engage in some political activity, but the primary focus of their efforts must remain promoting social welfare.

Previously
IRS Apologizes for Scrutiny of Conservative Groups
IRS Apologizes for Improper Scrutiny of GOP Groups



The new disclosures are likely to inflame a widening controversy over IRS handling of dozens of applications by tea-party, patriot and other conservative groups for tax-exempt status.

The details emerged from disclosures to congressional investigators by the Treasury Inspector General for Tax Administration. The findings, which were reviewed by The Wall Street Journal, don't make clear who came up with the idea to give extra scrutiny to the conservative groups.


The Internal Revenue Service inappropriately flagged conservative political groups for additional reviews during the 2012 election to see if they were violating their tax exempt status. John McKinnon reports on the News Hub.

The inspector general's office has been conducting an audit of the IRS's handling of the applications process and is expected to release a report this week. The audit follows complaints last year by numerous tea-party and other conservative groups that they had been singled out and subjected to excessive and inappropriate questioning. Many groups say they were asked for lists of their donors and other sensitive information.

On Sunday, a government official said the report will note that IRS officials told investigators that no one outside the IRS was involved in developing the criteria the agency now acknowledges were flawed.

On Friday, Lois Lerner, head of the IRS tax-exempt-organizations division, said the agency was "apologetic" for what she termed "absolutely inappropriate" actions by lower-level workers. She said those workers had selected some conservative groups for extra scrutiny to determine whether their applications should be approved. She said they had picked groups for extra scrutiny according to whether they had "tea party" or "patriot" in their names, among other criteria.


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Ms. Lerner came to the IRS in 2001 from the Federal Election Commission, and assumed her current position in 2006. IRS officials said Sunday that Ms. Lerner wasn't available for comment, and she didn't respond to an emailed request.

GOP lawmakers stepped up their criticism on Sunday. "The bottom line is [IRS officials] used key words to go after conservatives," Rep. Darrell Issa (R., Calif.), said Sunday on NBC's "Meet the Press." "There has to be accountability for the people who did it. And, quite frankly…there's got to be accountability for people who were telling lies about it being done."

Some Democrats also voiced criticism. "I'm concerned about that," said Sen. Dianne Feinstein (D., Calif.), also on NBC. "Somebody made the decision that they would give extra scrutiny to this particular group. And I think we have to understand why."

The IRS said over the weekend it is in the process of independently confirming the dates mentioned on the timeline of events contained in the inspector general report, "but we believe the [inspector general's] timeline is correct." The IRS said the report supports its view that its missteps weren't politically motivated and were limited to lower-level workers.

The IRS also said the report reflects that "IRS senior leadership was not aware of this level of specific details" at the time of a March 2012 hearing where Mr. Shulman denied any targeting of conservative groups. Mr. Shulman, who no longer works for the IRS, declined to comment.

The new details suggest that agency workers were examining statements in applications for tax-exempt status to determine whether groups had political leanings.

Tax-exempt social-welfare groups organized under section 501(c)(4) of the Internal Revenue Code are allowed to engage in some political activity, but the primary focus of their efforts must remain promoting social welfare. That social-welfare activity can include lobbying and advocating for issues and legislation, but not outright political-campaign activity. But some of the rules leave room for IRS officials to make judgment calls and probe individual groups for further information.

Organizing as such a group is desirable, not just because such entities typically don't have to pay taxes, but also because they generally don't have to identify their donors.

IRS officials said last week that the focused review of conservative groups was initiated by lower-level civil servants in the IRS Cincinnati office, not by political appointees in Washington, and that it wasn't politically motivated. They say it stemmed from a misguided effort to centralize review of a growing number of applications for tax-exempt 501(c)(4) status.

But questions continued to swirl about the failure of IRS officials to disclose the problems until the inspector general's report was about to become public.

The timeline contained in the draft report indicates that IRS scrutiny of tea-party and other conservative groups began as early as 2010 and came to the attention of Ms. Lerner, the head of the tax-exempt-organizations division, at least by the following year.

The report's timeline indicates that the criteria were changed to be more neutral in July 2011 after Ms. Lerner "raised concerns." The criteria for heightened scrutiny continued to evolve over the next year or so, even as complaints from tea-party groups—and questions from GOP lawmakers—mounted over IRS inquiries to various groups about their activities.

Letters from Ms. Lerner in April and May 2012 responding to questions by Republican lawmakers made no mention of the problems that had surfaced in the IRS unit.

According to the draft report, on April 24 and 25 of last year, officials in Ms. Lerner's office were reviewing "troubling questions" that had been asked of organizations, including "the names of donors."

Ms. Lerner's April 26 letter to Mr. Issa, the chairman of the House Oversight and Government Reform Committee, said that "there are instances where donor information may be needed…such as when the application presents possible issues of…private benefit."

The report indicates that in 2010 and 2011, some IRS workers weren't just singling out groups because their names contained certain words, as IRS officials suggested on Friday, but appeared to be probing for indications of political interests or leanings.

According to the report, by June 2011 some IRS specialists were probing applications using the following criteria: "issues include government spending, government debt or taxes; education of the public by advocacy/lobbying to 'make America a better place to live'; statements in the case file criticize how the country is being run."

Write to John D. McKinnon at john.mckinnon@wsj.com and Siobhan Hughes atsiobhan.hughes@dowjones.com

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IRS WARNED EMPLOYEES NOT TO TARGET 501(C)4 DONORS IN 2011





by CHRISS W. STREET 
13 May 2013, 4:11 AM PDT

The Internal Revenue Service (IRS) admitted on May 10 that “low level” staff in its Cincinnati office, supposedly “not motivated by political bias,” targeted 75 conservative tax-exempt organizations, including many Tea Party organizations applying for exemption under Section 501(c)4 of the tax code. The groups were singled out for audit and investigation because they used the names “Tea Party” and “Patriot.” Yet in July 2011, the IRS had warned employees to drop audits of donors to similar 501(c)4 organizations.

A hand-signed memorandum from Steven T. Miller, IRS Acting Commissioner for Services and Enforcement, was issued on July 7, 2011 and instructed employees to cease examinations dealing with gift taxes to 501(c)4 organizations because of difficult "legal, administrative, and policy implications" that could only be resolved "after notice to the public."

Like last week's unexpected apology by the IRS to conservative groups, Miller's action was partly triggered by questions raised by lawyers at a meeting of the American Bar Association.

On May 10, Lois G. Lerner, IRS Director of Exempt Organizations, apologized for the "inappropriate" targeting of conservative political groups during the 2012 election to “see if they were violating their tax-exempt status.”

Ms. Lerner stated that IRS agents singled out dozens of organizations for additional reviews, because they included the words "tea party" or "patriot" in their exemption applications. She also stated that in some cases, groups were asked for lists of donors, which violates IRS policy in most cases. Ms. Lerner blamed low-level employees, saying no high-level officials were aware.

Yet prior to being appointed to her current position on August 15, 2012, Ms. Lerner hadserved since 2005 as the Director of the Exempt Organizations Rulings & Agreements Division, where she managed the “determinations letter program” for Exempt Organization, public guidance, and technical assistance for IRS agents conducting examinations of tax-exempt organizations.

Steven T. Miller’s “Guidance Memo” was sent directly to IRS TE/GE (Tax Exempt and Government Exempt) management. As the head of “Tax Exempt” determinations, Ms. Lerner would likely have been aware of the hand signed July 7, 2011 memorandum that reiterated the March 23, 2011 policy against examining gift tax donations to 501(c)(4) tax exempt entities.

IRS Commissioner Miller’s guidance memo clearly warned that the IRS: “should not expend examination resources initiating referrals or developing audits.” This was likely meant to be a klaxon horn going off in every IRS office across the nation warning that no IRS agent should step into a highly politicized area.

However, the IRS investigations of Tea Party groups included excessive questions that included questions about income--including not just past donations, but future, anticipated donations.

The IRS is wildly sensitive regarding the use of its powers to intimidate political opponents. Despite a substantial lead in the 1972 polls, Richard Nixon’s Committee to Reelect the President (CREEP) created what became known as the “Enemies List” of supporters of Democrat George McGovern's 1972 Presidential campaign.

IRS Commissioner Donald C. Alexander later refused to use tax audits and investigations to punish the "Enemies List." No evidence indicated that President Nixon was personally involved, but the combination of the IRS activity and a break-in at the Democratic National Headquarters became the Watergate scandal.

Ms. Lerner told an American Bar Association conference the IRS practice was initiated by low-level workers in Cincinnati and was not motivated by political bias. Ms. Lerner said that Agency officials found out about the practice last year and moved to correct it: “That was absolutely incorrect, it was insensitive and it was inappropriate. That's not how we go about selecting cases for further review....The IRS would like to apologize for that.”

Yet the hand-signed July 7, 2011 memorandum from Miller suggests that IRS management and employees understood in March 2011, just four months after the 2010 Congressional elections, that they were to suspend the examinations of gift taxes to 501(c)4 organizations until the policy towards these groups had been resolved.

The targeting of Tea Party and conservative 501(c)4 groups continued regardless--either because employees chose to ignore a direct instruction from senior management, or because they received contrary instructions from elsewhere.

The House Ways and Means Committee plans to hold hearings on the IRS's behavior.

Joel B. Pollak contributed to this report.




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Politics

The IRS admits to ‘targeting’ conservative groups, but were they also ‘leaking’?
9:42 AM 05/13/2013

Matt K. Lewis

A little over a year ago, I reported that, ”It is likely that someone at the Internal Revenue Service illegally leaked confidential donor information showing a contribution from Mitt Romney’s political action committee to the National Organization for Marriage, says the group.”

Now — on the heels of news the IRS’s apology for having targeted conservative groups — NOM is renewing their demand that the Internal Revenue Service reveal the identity of the people responsible.

“There is little question that one or more employees at the IRS stole our confidential tax return and leaked it to our political enemies, in violation of federal law,” said NOM’s president Brian Brow, in a prepared statement. “The only questions are who did it, and whether there was any knowledge or coordination between people in the White House, the Obama reelection campaign and the Human Rights Campaign. We and the American people deserve answers.”
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Recent reports indicate the IRS may have begun targeting conservative groups as early as 2010.

In a 2012 speech, Sen. Mitch McConnell noted, “The head of one national advocacy group has released documents which show that his group’s confidential IRS information found its way into the hands of a staunch critic on the Left who also happens to be a co-chairman of President Obama’s re-election committee. The only way this information could have been made public is if someone leaked it from inside the IRS.”

And so, the next question may be this: If the IRS was targeting conservative groups — as they now admit to doing — were they also leaking information?

UPDATE: In December of 2012, ProPublica wrote that they had obtained the application for recognition of tax-exempt status for Crossroads GPS, filed in September of 2010.

“‘As far as we know, the Crossroads application is still pending, in which case it seems that either you obtained whatever document you have illegally, or that it has been approved,’ Jonathan Collegio, the group’s spokesman, said in an email.

“The IRS sent Crossroads’ application to ProPublica in response to a public-records request. The document sent to ProPublica didn’t include an official IRS recognition letter, which is typically attached to applications of nonprofits that have been recognized. The IRS is only required to give out applications of groups recognized as tax-exempt.

“In an email Thursday, an IRS spokeswoman said the agency had no record of an approved application for Crossroads GPS, meaning that the group’s application was still in limbo.

Read more: http://dailycaller.com/2013/05/13/the-irs-admits-to-targeting-conservative-groups-but-were-they-also-leaking/#ixzz2TCAT3xKu




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FLASHBACK: Romney donor vilified by Obama campaign, then subjected to 2 audits

12:40 AM 05/13/2013

Jamie WeinsteinSenior Editor




Just months after being slimed by President Barack Obama’s re-election campaign, Mitt Romney supporter and businessman Frank VanderSloot was informed that he was going to be audited not only by the Internal Revenue Service, but by the Labor Department as well.

VanderSloot’s saga was told by columnist Kimberley Strassel in the Wall Street Journal last July.

In April 2012, VanderSloot, who served as the national co-chair of Mitt Romney’s presidential finance committee, was one of eight Romney backers to be defamed as ”wealthy individuals with less-than-reputable records” in a post on the Obama campaign’s website. The post, entitled “Behind the curtain: a brief history of Romney’s donors,” singled out VanderSloot for being a ”litigious, combative and a bitter foe of the gay rights movement.”

Two months later, the IRS informed VanderSloot he and his wife were going to be audited, Strassel reported. Two weeks after that, VanderSloot was notified by the Labor Department that it was going to “audit workers he employs on his Idaho-based cattle ranch under the federal visa program for temporary agriculture workers,” reported Strassel.

“The H-2A program allows tens of thousands of temporary workers in the U.S.; Mr. VanderSloot employs precisely three,” Strassel wrote. “All are from Mexico and have worked on the VanderSloot ranch—which employs about 20 people—for five years. Two are brothers. Mr. VanderSloot has never been audited for this, though two years ago his workers’ ranch homes were inspected. (The ranch was fined $8,400, mainly for too many ‘flies’ and for ‘grease build-up’ on the stove. God forbid a cattle ranch home has flies.)”

“This letter requests an array of documents to ascertain whether Mr. VanderSloot’s ‘foreign workers are provided the full scope of protections’ under the visa program: information on the hours they’ve worked each day and their rate of pay, an explanation of their deductions, copies of contracts,” she continued.

In her column, Strassel raised the specter that the IRS targeted VanderSloot for his political activism.

Read more: http://dailycaller.com/2013/05/13/flashback-romney-donor-vilified-by-obama-campaign-then-subjected-to-2-audits/#ixzz2TCBiMXwy































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