Paul L. Caron
Dean


Monday, September 12, 2016

The IRS Scandal, Day 1222

IRS Logo 2Washington Times, IRS Refuses to Abandon Targeting Criteria Used Against Tea Party, Conservative Groups:

The IRS is refusing to recant the targeting criteria it used to single out tea party groups for intrusive scrutiny, according to court filings made public Wednesday that show the tax agency still struggling with the fallout from the scandal.

At least three tea party groups are still awaiting approval from the IRS more than three years after agents publicly admitted they’d asked inappropriate questions and put the groups through unreasonable delays in obtaining tax-exempt status.

Last month the IRS told both Congress and a federal judge that it would start processing the outstanding applications — but the agency has refused to say how or when, leaving the groups themselves struggling to make sense of things.

Making matters ever more difficult, the IRS specifically refused in court papers to reject further use of the criteria it used to single out tea party and conservative groups in the first place.

“Despite all the representations made by the IRS about having changed its ways, it still asserts that the viewpoint-based Targeting Criteria are relevant for making a determination of tax-exempt status,” Edward Greim, the lawyer representing tea party groups in a class-action lawsuit, told the U.S. District Court for the Southern District of Ohio.

Just weeks ago, IRS Commissioner John G. Koskinen had assured Congress the targeting was a thing of the past, and said his agency will no longer use the “Be on lookout,” or BOLO, lists. ...

Mr. Greim said to be wary of IRS promises, saying the agency has been willing to mislead the court in the past with a “willingness to say one thing (in a sworn declaration, no less) and do the other.” And he said the IRS has hinted that while it may replace its targeting list, which delays or blocks applications at the front end, it could step up “less well-known forms of scrutiny,” including ongoing reviews of tea party groups.

https://taxprof.typepad.com/taxprof_blog/2016/09/the-irs-scandal-day-1222.html

IRS News, IRS Scandal, Tax | Permalink

Comments

And this is why impeaching Koskinen doesn't seem like such a bad idea. No remorse, no improvement, no oversight.

Posted by: ruralcounsel | Sep 12, 2016 4:34:55 AM

So here’s what really happened. In discovery, Mr. Greim put forth the following request for admissions: “Admit that the Targeting Criteria are irrelevant to determining whether an entity qualifies for tax exemption.” The IRS replied simply with “Deny.” Of course. The targeting criteria were and are RELEVANT. The real questions are whether the BOLO criteria discriminate invidiously against the applicants or were/are unduly prejudicial–not whether they’re relevant. GIGO, Mr. Greim.

Posted by: Publius Novus | Sep 12, 2016 9:54:33 AM