TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Monday, March 28, 2016

The IRS Scandal, Day 1054

IRS Logo 2Investor's Business Daily editorial, It’s Past Time To End The IRS’ Reign Of Terror:

Corruption: A federal court has harshly judged the IRS for harassing conservative groups seeking tax-exempt status. We hope this brings far more trouble for the agency than it gave those groups.

Don’t think we’re downplaying what happened to these organizations. The IRS committed a serious offense. Its conduct was beyond outrageous. It held up nonprofit-status applications from Tea Party and conservative groups for political reasons, singled out the groups for unforgiving scrutiny and was actively looking for right-of-center organizations to grind in its 21st century inquisition.

On Tuesday, the 6th U.S. Circuit Court of Appeals censured the IRS, ordering it to turn over the list of groups it had targeted so that a class-action lawsuit filed by the NorCal Tea Party Patriots against the tax collector can move forward with those groups as plaintiffs. An agency that has long acted above the law has now been told it is accountable. This is significant.

The three-judge panel was not sparing in its judgment. It noted that “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.” It also told the IRS lawyers that they had conducted themselves in a manner unworthy of the government’s tradition of impartiality and decency as they fought the lawsuit. ...

How can such an agency exist in a free society? But then, we’re not truly free if the IRS or any other agent of the government has the latitude to carry on as the IRS has for decades. Free people don’t live in constant fear of a government inquiry and are not perpetually afraid that the tax collector’s boot will suddenly land on their neck. Nor are they ever anxious that an innocent slip-up will wreck their lives.

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