Paul L. Caron
Dean



Saturday, January 17, 2015

The IRS Scandal, Day 618

IRS Logo 2The Blog of the Legal Times, Feds Take Pro-Israel Group's IRS Suit to DC Circuit:

The U.S. Department of Justice is challenging a Washington federal trial judge’s ruling to keep alive a suit that a pro-Israel advocacy group brought over alleged Internal Revenue Service discrimination.

Lawyers with the DOJ Tax Division on Wednesday filed a notice of appeal with U.S. Court of Appeals for the D.C. Circuit, asking the court to review U.S. District Judge Ketanji Brown Jackson's May ruling in favor of Z Street, the plaintiff in the case against the IRS.

Pennsylvania-based Z Street, which advocates for and defends Israel, sued the IRS over what the group claimed was viewpoint discrimination that violated the First Amendment. The organization has claimed that its application for tax-exempt status in 2009 received extra IRS scrutiny due to differing opinions it and the Barack Obama administration have on Israel.

The government argued that the Anti-Injunction Act prohibited Z Street's lawsuit. The law bars cases that seek to restrain the assessment of taxes.

In refusing to dismiss the case, Jackson wrote in an opinion that the group "seeks only to have its application—good or bad—be evaluated using the same standards are criteria that apply to other organizations that the IRS reviews."

(Hat Tip: Ted Seto.)

https://taxprof.typepad.com/taxprof_blog/2015/01/the-irs-scandal-12.html

IRS News, IRS Scandal, Tax | Permalink

Comments

Z Street is a notably "liberal" organization. If it was discriminated against because of a difference in opinion with the administration, then this case shows quite a tinge of irony with respect to the IRS claim that they investigated/harassed both conservative and liberal organizations.

Posted by: Henry | Jan 17, 2015 12:45:19 PM

Henry, the thing linking this group, tea party, pro-life, and other groups targeted for persecution, is that they are considered political enemies by Obama.

Obama doesn't like Israel.

This just shows how politically motivated Obama's IRS is acting.

Posted by: wodun | Jan 17, 2015 6:16:02 PM

J Street is very liberal. Z Street is not J Street. They are very, very different. J Street's website states: No more appeasement, no more negotiating with terrorists, no more enabling cowards who fear offending more than they fear another Holocaust. Z STREET is for those who are willing not only to support – but to defend – Israel, the Jewish State.

Posted by: Abe Carnow | Jan 18, 2015 3:32:58 PM