501(c)4 abuse and the IRS investigation

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Craig234

Lifer
May 1, 2006
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Except the more that comes out, the more evidence there is that there was basically no intentional wrongdoing with the possible exception of congressional testimony not exposing the innocently-motivated mistake some staff had made. There's not even any evidence of 'targeting'. 'Targeting' implies some sort of political agenda there is no evidence for. Simply trying to select the returns with a higher likelihood of the behavior they were legitimately looking for - only a fraction of those selected being 'conservative political groups' - is not 'targeting'. As the IRS officials have said, targeting is a pejorative word that does not accurately describe what happened in their opinion.

However, for all the Republican officials and commentators who have called this issue, which Obama wasn't even aware of and which was not for partisan attacks as far as we have been able to determine, "Nixonian", I'd like to see one of them who has criticized what's actually Nixonian, Nixon's behavior.

They're so partisan I can't think of one who has critcized Nixon - instead the Republican party has spent decades trying to search for any issue they can falsely portray as a 'Democratic Watergate' because they are angry for 'their side' having been caught, instead of being responsible for their party's president's behavior.

Chris Hayes did a segment that's good for reminding just a taste of what Nixon actually did and how different it is than this issue - where Nixon sat in the White House explicitly ordering for his enemies to be "persecuted", and his friends protected, by the IRS, saying for example that the IRS should go after the Kennedys.

Watch it if you haven't seen or have forgotten the real 'Nixonian'.

http://video.msnbc.msn.com/all-in-/52040019#52040019
 

Bowfinger

Lifer
Nov 17, 2002
15,776
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No, it doesn't turn my post into a bunch of strawmen.
Yes, in fact it does. The first half of your post is a series of attacks all based on the premise that I was supporting partisan targeting. That premise is wrong. You are therefore attacking a position I'm not talking, i.e., a straw man.


I understand why you'd like it to - because both Fern and I are arguing along the same lines. This was clearly targetted.
See? That's another straw man. I am not disputing there was partisan targeting, yet you continue to argue against me as if I am. Straw man.


Not necessarily the extra forms. I'm not even touching those. Just the fact that 33% of them directly targetted right wing groups.
So you'll ignore the other 67%, the great majority, to cherry pick the minority of examples that support your preconceived conclusions. There's not even a hint of objectivity in that position.


The fact that ANY of them directly targeted political groups is unacceptable.
Actually, that's completely false. It is perfectly acceptable to target political groups. It is, after all, political groups that are least likely to actually meet the eligibility requirements for 501(c)(4) status. What is not acceptable is targeting only a subset of political groups based on partisan criteria.


If we can agree on that, then we've got a starting point. That alone signifies wrongdoing. The next point is to agree that it doesn't happen by accident. Someone was directly out to place right wing groups under more scrutiny.
Sort of. Flagging specific keywords for additional review was certainly intentional. That the keywords used were common for right-wing groups is also a given. Whether there was any partisan intent behind that shortcut has not been established, however. That remains the crux of this story.


You have far more confidence in the Inspector General than I do.
First, note that I said "objective professionals like the Inspector General", NOT the IG exclusively. Also, you damn right I have far more confidence in the IG than I do in a partisan slime-ball like Issa. Everything Issa touches is a partisan circus, designed to attack the left and give him a platform for self-aggrandizement.


I suspect because it helps your case.
My "case" is getting the facts and ensuring the IRS is never used for partisan purposes. What's yours?


The most likely avenue this 'investigation' is going to take is to hit one brick wall after another. Those involved are already pleading the fifth.
This is a perfect example of what I referred to as "the usual right wing propaganda." Those involved? What those? So far as I know, exactly one person has taken the 5th so far, Lois Lerner. Do you have better information?


And if they all, in turn, please the 5th or refuse to testify then all we'll hear in 6 months (when everyone no longer cares) is that no evidence substantiates or disproves the claims that this was politically motivated.

At most, some minor crony might lose their job.
So because you speculate that a fair and objective investigation won't produce the results you want, we should instead do an Issa-style witch hunt and jump straight to the executions? Sorry, I'm old fashioned. I'm not a fan of the guilty-because-it's-good-for-my-party approach to "justice".


The only time anything like this went ANYWHERE was when phone records or other damning evidence went public, and they're already scuttling around like mad covering up.
Sounds like more of that propaganda to me. Can you cite any credible sources supporting that allegation?


I understand your standpoint based on your political affiliation.
You clearly don't understand my standpoint or know my political affiliation. You continue to ignore the fact that from my very first post on this topic, I said partisan targeting by the IRS is absolutely unacceptable.


I don't think it helps though. We already know there was wrongdoing. Just using the specific targetting terms is clear evidence of that, and I'm glad you agree that's wrong.
I suppose it depends on how you define wrongdoing. To me it requires intent. Otherwise it's just a mistake. Based on the evidence available so far, you cannot show there was any partisan intent behind the selection of those specific keywords (and remember, those keywords only applied to a minority of the applications selected for detailed review).
 

Pulsar

Diamond Member
Mar 3, 2003
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I suppose it depends on how you define wrongdoing. To me it requires intent. Otherwise it's just a mistake. Based on the evidence available so far, you cannot show there was any partisan intent behind the selection of those specific keywords (and remember, those keywords only applied to a minority of the applications selected for detailed review).

I'm only going to address one portion of this, because it's after 4 AM and it's time for bed.

You keep saying 'minority'. Does somehow implying that they only target 33% of these groups because they were tea party or right wing make the (potential) wrongdoing any more palatable?

Or should we play with that statistic, and suggest that if the other portion is split half and half, then 66% of the groups 'audited' were right wing, and 33% left wing, a 2:1 ratio? We can play games with the wording to make it sound however bad we want it to sound, or to minimize it however we want it to be minimized.

They've already apologized that they targeted Right Wing groups.

Or are you suggesting they apologized just to curry favor? Because it sure sounds to me like you're continuing to suggest that you will believe nothing untoward occurred until an investigation that is unlikely to produce anything of value is completed. That seems fairly naive to me.

I guess we'll have to agree to disagree.
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
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I'm only going to address one portion of this, because it's after 4 AM and it's time for bed.

You keep saying 'minority'. Does somehow implying that they only target 33% of these groups because they were tea party or right wing make the (potential) wrongdoing any more palatable?

Or should we play with that statistic, and suggest that if the other portion is split half and half, then 66% of the groups 'audited' were right wing, and 33% left wing, a 2:1 ratio? We can play games with the wording to make it sound however bad we want it to sound, or to minimize it however we want it to be minimized.
As I said: "Instead, my focus [ in my post to which you replied ] is on refuting the repeated cries from the right that this was solely about conservatives, only they were targeted, the IRS cooked up the detailed reviews to "get" conservatives, etc., ad nauseum." That cry is not supported by the evidence.


They've already apologized that they targeted Right Wing groups.

Or are you suggesting they apologized just to curry favor?
They apologized because they acknowledge they erred. Doing keyword targeting using only words common to right-wing groups was inappropriate. Note, however, that it was not the only technique they used to quickly identify returns needing greater scrutiny. Further, the IG agreed the majority of returns selected for this scrutiny did, in fact, show evidence of substantial political activity.


Because it sure sounds to me like you're continuing to suggest that you will believe nothing untoward occurred until an investigation that is unlikely to produce anything of value is completed. That seems fairly naive to me.

I guess we'll have to agree to disagree.
It's a free country. I'm not going to rush to convict based on innuendo and unsubstantiated propaganda. YMMV.
 

Fern

Elite Member
Sep 30, 2003
26,907
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As I said: "Instead, my focus [ in my post to which you replied ] is on refuting the repeated cries from the right that this was solely about conservatives, only they were targeted, the IRS cooked up the detailed reviews to "get" conservatives, etc., ad nauseum." That cry is not supported by the evidence.

Sure it is, and the IG's report confirms it.

The Determinations Unit began searching for other requests for tax
exemption involving the Tea Party, Patriots, 9/12, and I.R.C. § 501(c)(4)
applications involving political sounding names, e.g., “We the People” or
“Take Back the Country.”
(See IG report page 30.)

You see any Liberal sounding names in there? Of course not.

So yes, under the new March 2010 directive only conservatives were targeted.

This whole 'scandal' is about new, unprecedented and inappropriate follow up questions etc targeted at conservative groups, not the 'normal' follow up questions that have always existed.

Defenders are trying to obfuscate this by conflating the two follow up programs thus skewing the number of groups included.

The IG report makes clear that only conservative sounding groups were included in the criteria to target ("potential", as he puts it) political cases.

In addition the IRS has been caught lying numerous times about this. See Factcheck.org: http://factcheck.org/2013/05/irs-officials-misled-congress-public/

Then we have the WH changing it's story several times. (I don't personally blame Carney. He just parrots what the WH tells him.)

In both cases the lies, or 'errors', have all been self serving. (Shouldn't 'honest' mistakes go both ways?)

In addition to being caught in outright lies, the IRS is so far not cooperating. Showing up to testify and just saying:

"I don't know"

"I can't remember"

"I claim the 5th"

The IRS so far has failed to provide the info requested. The list of all orgs applying for TE status caught up in this political targeting and sent unprecedented and inappropriate follow up could do much to resolve this. I.e., did they cease just targeting conservative named groups, and if so, when, and how many liberal sounding groups were targeted.

http://www.breitbart.com/Big-Govern...wer-Questions-About-Scandal?utm_source=feedly

Fern
 
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Craig234

Lifer
May 1, 2006
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Here's 70,000 applications. Go find any who have excessive political activity.

OK, we're going to divde these into categories to assign them to the appropriate people to investigate. One category is for groups in the 'right-wing political' category.

We have no way to identify those, so let's search for the words they often use, like 'tea party'. OK, they're divided. Hm, not a single one of that category is disqualified.

THE SCANDAL!
 
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Craig234

Lifer
May 1, 2006
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Since there are no comments about the comparison to a real IRS scandal from the Chris Hayes segment, another reminder what it looks like.

The IRS commissioner under Nixon refused the White House demands to use their power to "persecute" political enemies, but he discussed the issue:

http://www.thetowntalk.com/article/...0/Nixon-era-IRS-chief-reveals-pressure-attack

In a series of recent interviews, Walters said he was stunned when White House counsel John Dean gave him an envelope containing an “enemies list” of about 200 prominent Democrats.


The 1972 election was approaching and he understood the White House wanted the Democrats “investigated and some put in jail” Walters would later write in his book, Our Journey...

In The Washington Post last year, 40 years after reporting on Watergate, Carl Bernstein and Bob Woodward wrote that on Sept. 8, 1971, Nixon ordered presidential domestic adviser John Ehrlichman to direct the IRS to investigate the tax returns of all the likely Democratic presidential candidates, as well as Sen. Edward Kennedy.


“Are we going after their tax returns?” Nixon asked, according to The Post account. “You know what I mean? There’s a lot of gold in them thar hills.”

Interviewed about this controversy, he, a lifelong Republican, didn't rush to attack them:

“I disapprove of any misbehavior on the part of IRS,” he said. “I, nevertheless, think it’s got a tough job and we need to be fair with them, too.”
 

Fern

Elite Member
Sep 30, 2003
26,907
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-snip-
OK, we're going to divde these into categories to assign them to the appropriate people to investigate. One category is for groups in the 'right-wing political' category.

Uhhh. That was the ONLY category. That's the problem.

We have no way to identify those, so let's search for the words they often use, like 'tea party'. OK, they're divided. Hm, not a single one of that category is disqualified.

THE SCANDAL!

The IRS has a self imposed limit of 270 days to process an application and either approve or deny.

Wanna guess how many conservative groups were processed by 270 days?

Per the IG report that would be 3 groups out of 160. I.e., less than 2%.

(See page 15 of the IG's report.)

Stalling is a great way to keep you from operating. How many just gave up and went away?

Fern
 

Bowfinger

Lifer
Nov 17, 2002
15,776
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Sure it is, and the IG's report confirms it.


(See IG report page 30.)

You see any Liberal sounding names in there? Of course not.

So yes, under the new March 2010 directive only conservatives were targeted.
Correct, and I've stated again and again and again and again that choosing just right-wing terms for that part of their targeting was inappropriate. What you continue to ignore over and over is that this specific targeting method was responsible for only about one-third of the total applications selected for additional screening. As with Pulsar and others, you are intentionally cherry-picking a minority subset of applications and pretending they represent the whole. They. Do. Not. Not now, not ever.

Further, the IG examined those applications and found the majority of them did, in fact, show the significant levels of political activity that warranted further investigation (a fact I've also cited before). That means that although these IRS employees chose a politically incorrect shortcut for finding questionable applications, their shortcut worked. It was a perfectly valid approach ... except for the part where they didn't also use left-wing keywords to provide balanced selection. But yet again, that specific selection technique was only responsible for about one-third of the total applications selected for detailed review.

You also ignore that the important question is that of intent. Did these employees intend to discriminate against right-wing groups, or did they make a poor choice while looking for easy ways to separate the no-brainers from the truly questionable applications?


This whole 'scandal' is about new, unprecedented and inappropriate follow up questions etc targeted at conservative groups, not the 'normal' follow up questions that have always existed.
Yes, so you keep claiming, yet you've ignored my repeated requests to cite credible evidence supporting that allegation. Based on what you've presented to date, all you have are your assumptions that this screening was different based on the complaints of a one lawyer (true?) suing the IRS. Were I to use such flimsy evidence as proof of some right-wing malfeasance, you would rightly dismiss it as biased and potentially unreliable.


Defenders are trying to obfuscate this by conflating the two follow up programs thus skewing the number of groups included.

The IG report makes clear that only conservative sounding groups were included in the criteria to target ("potential", as he puts it) political cases.
Addressed above, and in several prior posts.


In addition the IRS has been caught lying numerous times about this. See Factcheck.org: http://factcheck.org/2013/05/irs-officials-misled-congress-public/
I don't believe anyone disputes this. As we've so often seen, the cover-up is worse than the initial issue.


Then we have the WH changing it's story several times. (I don't personally blame Carney. He just parrots what the WH tells him.)

In both cases the lies, or 'errors', have all been self serving. (Shouldn't 'honest' mistakes go both ways?)
There is no way to address this without citing specific examples. Vague allegations do not foster productive discussion.


In addition to being caught in outright lies, the IRS is so far not cooperating. Showing up to testify and just saying:

"I don't know"

"I can't remember"

"I claim the 5th"

The IRS so far has failed to provide the info requested. The list of all orgs applying for TE status caught up in this political targeting and sent unprecedented and inappropriate follow up could do much to resolve this. I.e., did they cease just targeting conservative named groups, and if so, when, and how many liberal sounding groups were targeted.

http://www.breitbart.com/Big-Govern...wer-Questions-About-Scandal?utm_source=feedly

Fern
Sorry, Breitbart's overt dishonesty and willingness to fabricate propaganda disqualifies them from serious consideration in my book. YMMV, of course, but I will not waste my time on sites whose mission is disinforming the partisan faithful. If the story is legitimate, it will be covered by credible sites. (For example, is the IRS actually dragging its feet or is this the usual fabricated outrage because the IRS cannot meet unrealistic deadlines in spite of sincere efforts to respond as quickly as possible? It's a sure bet Breitbart isn't going to give us the straight scoop.)
 
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Fern

Elite Member
Sep 30, 2003
26,907
174
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Originally Posted by Fern View Post
Sure it is, and the IG's report confirms it.


(See IG report page 30.)

You see any Liberal sounding names in there? Of course not.

So yes, under the new March 2010 directive only conservatives were targeted.

Correct, and I've stated again and again and again and again that choosing just right-wing terms for that part of their targeting was inappropriate. What you continue to ignore over and over is that this specific targeting method was responsible for only about one-third of the total applications selected for additional screening. As with Pulsar and others, you are intentionally cherry-picking a minority subset of applications and pretending they represent the whole. They. Do. Not. Not now, not ever.

No.

That, among other things is wrong.

Again, it is important to understand we have two parallel programs for selecting applicants for additional scrutiny:

1. As has been previously explained to you the IRS has had processing procedures in place, which include follow up or additional questions (which, BTW, are considered to be appropriate and not inappropriate), since 1913.

The groups chosen for these procedures use a different criteria. An apolitical one. This group is NOT included in the 300 group chosen with admittedly inappropriate political criteria.

2. The new program initiated in March 2010 and using the inappropriate political criteria (their names). This group numbers approx 300 applicants.

The 1/3 number you quote above is the number of TEA Party, 9/12 and patriot groups composing the politically selected criteria totaling 300.

I do not recall the IG report concerning itself with any groups/applicants chosen for additional scrutiny/questions under the long employed general criteria I mention under #1 above.

I.e., we have a pool of 300 groups chosen using inappropriate political criteria. We are not concerning ourselves with the others because they are not part of this new 'special process' nor were they unacceptably delayed.

Now, what does the IG's report tell us about this special group of 300?

* 100% of the group including "Tea Party, Patriots or 9/12" were selected for this 'special procedure'. That totals about 100 groups.

While the team of specialists reviewed applications from a variety of organizations, we determined during our reviews of statistical samples of I.R.C. § 501(c)(4) tax-exempt applications that all cases with Tea Party, Patriots, or 9/12 in their names were forwarded to the team of specialists.
(See page 8 of the IG's report.)

* The IG's report tells of nothing about who the remaining 2/3 were, only that they were chosen under the inappropriate political criteria and do not have "TEA Party, 9/12 or Patriot" in their names.

Now who could be in that 2/3 group? Conservative sounding groups, liberal sounding groups, or a mix? We don't know. The IRS has been asked by Congress to identify them and they have failed to do so, missing their deadline.

However, we do know that there are many claims from conservative other than TEA party etc that they were subject to this. These include pro-Isreal groups, 'Clean Election' groups (generally supporting voter ID laws) and pro-Life groups.

I.e., some portion of that 2/3 is clearly composed of other conservative sounding groups.

I would also point out that in none, none, of the criteria for selection is any liberal sounding name or activity included. None.

Also, we have very very few liberal groups claiming they were subject to additional procedures. In fact, we cannot even rule out that they were chosen under the general criteria and not the inappropriate political criteria (at least not that I've seen and I've looked several times). And to my knowledge there are none, none, that claim their application were delayed beyond the 270 deadline.

OTOH, the IG report shows that +98% of the TEA party etc groups were delayed beyond 270 days, in fact 81% were delayed beyond a yr (365 days).

So, nobody concerned about this "cherry picking" anything. We are going off the evidence that exists NOW. No more, no less.

At this point, there is NO evidence to demonstrate that this special inappropriate process wasn't directed soley, or predominately, at conservative groups. When the IRS produces the list of the names of the groups that were selected under the new inappropriate political guidelines then we'll have a better understanding.

(But right now, we know 100% of conservative named groups were chosen.)

Further, the IG examined those applications and found the majority of them did, in fact, show the significant levels of political activity that warranted further investigation (a fact I've also cited before). That means that although these IRS employees chose a politically incorrect shortcut for finding questionable applications, their shortcut worked. It was a perfectly valid approach ... except for the part where they didn't also use left-wing keywords to provide balanced selection. But yet again, that specific selection technique was only responsible for about one-third of the total applications selected for detailed review.

That's irrelevant.

If the process is illegal/improper it doesn't matter that the 'ends (seemed) to justify the means'.

The IG report also found that some were excluded that shouldn't have been etc. (It should be noted that we don't know what criteria the IG used to determine if additional info was required or not. The IG is not a tax lawyer etc.)

In short, it's a poor process, and one the IG ruled was inappropriate and not just for political reasons:

inappropriately identified specific groups applying for tax-exempt status based on their names or policy positions instead of developing criteria based on tax-exempt laws and Treasury Regulations.
(See page 5 of the report.)

You also ignore that the important question is that of intent. Did these employees intend to discriminate against right-wing groups, or did they make a poor choice while looking for easy ways to separate the no-brainers from the truly questionable applications?

So they chose 100% of the conservative sounding groups and you're asking for evidence that they intended to do that? Really?

It's either political or they have empirical evidence demonstrating that 100% of the conservatives groups previously approved and now operating were not following the rules so it's justified to select 100% of the new ones. As to the latter possibility, please provide any evidence of this.

Fern
This whole 'scandal' is about new, unprecedented and inappropriate follow up questions etc targeted at conservative groups, not the 'normal' follow up questions that have always existed.
Yes, so you keep claiming, yet you've ignored my repeated requests to cite credible evidence supporting that allegation. Based on what you've presented to date, all you have are your assumptions that this screening was different based on the complaints of a one lawyer (true?) suing the IRS. Were I to use such flimsy evidence as proof of some right-wing malfeasance, you would rightly dismiss it as biased and potentially unreliable.

For heaven's sake, that's the IG's ruling:

The IRS used inappropriate criteria that identified for review Tea Party and other organizations applying for tax-exempt status based upon their names or policy positions instead of potential political campaign intervention.

As to the "new" part of my remark, the IG report makes clear the criteria were developed in March 2010. So, yes it's new.

Unprecedented? Yes, of course it is. Otherwise please find examples where it has been used before.

Sorry, Breitbart's overt dishonesty and willingness to fabricate propaganda disqualifies them from serious consideration in my book.

The Breitbart link was only included to document that the IRS has still not provided the info Congress requested. You don't need to take Brietbart's word for it, it can easily be confirmed by googling.

Fern
 
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Bowfinger

Lifer
Nov 17, 2002
15,776
392
126
No.

That, among other things is wrong.

Again, it is important to understand we have two parallel programs for selecting applicants for additional scrutiny:

1. As has been previously explained to you the IRS has had processing procedures in place, which include follow up or additional questions (which, BTW, are considered to be appropriate and not inappropriate), since 1913.

The groups chosen for these procedures use a different criteria. An apolitical one. This group is NOT included in the 300 group chosen with admittedly inappropriate political criteria.

2. The new program initiated in March 2010 and using the inappropriate political criteria (their names). This group numbers approx 300 applicants.

The 1/3 number you quote above is the number of TEA Party, 9/12 and patriot groups composing the politically selected criteria totaling 300.

I do not recall the IG report concerning itself with any groups/applicants chosen for additional scrutiny/questions under the long employed general criteria I mention under #1 above.
I don't believe any of that contradicts anything I said.


I.e., we have a pool of 300 groups chosen using inappropriate political criteria. We are not concerning ourselves with the others because they are not part of this new 'special process' nor were they unacceptably delayed.
The bolded is the first example of you presenting speculation as fact. We know that 1/3 of the 300 were picked using keyword targeting. We do NOT know how the other 2/3 were selected, other than a vague suggestion it was due to other suspicious information in their applications. You do not know the criteria used, and therefore cannot state as fact they were inappropriate.


Now, what does the IG's report tell us about this special group of 300?

* 100% of the group including "Tea Party, Patriots or 9/12" were selected for this 'special procedure'. That totals about 100 groups.

(See page 8 of the IG's report.)

* The IG's report tells of nothing about who the remaining 2/3 were,
Yes, exactly what I've said.


only that they were chosen under the inappropriate political criteria and do not have "TEA Party, 9/12 or Patriot" in their names.
Once again, speculation presented as fact. We know they were all selected for special screening. We do not yet know the criteria for selecting them, except it was NOT the keyword targeting.


Now who could be in that 2/3 group? Conservative sounding groups, liberal sounding groups, or a mix? We don't know. The IRS has been asked by Congress to identify them and they have failed to do so, missing their deadline.
Exactly. We don't know. Try to keep that in mind.


However, we do know that there are many claims from conservative other than TEA party etc that they were subject to this. These include pro-Isreal groups, 'Clean Election' groups (generally supporting voter ID laws) and pro-Life groups.

I.e., some portion of that 2/3 is clearly composed of other conservative sounding groups.
Agreed, undoubtedly some are. We do not know what proportion, however.


I would also point out that in none, none, of the criteria for selection is any liberal sounding name or activity included. None.
That is more speculation presented as fact. We don't know the criteria used.


Also, we have very very few liberal groups claiming they were subject to additional procedures. In fact, we cannot even rule out that they were chosen under the general criteria and not the inappropriate political criteria (at least not that I've seen and I've looked several times).
We cannot rule it out, but there is also no basis for assuming it's true. Again, you are filling a gap in actual information with speculation.


And to my knowledge there are none, none, that claim their application were delayed beyond the 270 deadline.

OTOH, the IG report shows that +98% of the TEA party etc groups were delayed beyond 270 days, in fact 81% were delayed beyond a yr (365 days).
Your knowledge or lack thereof is not a substitute for actual information. We don't know if other groups were delayed more than 270 days. I agree that based on what has been published so far, Tea party groups were all apparently delayed. That certainly needs to be investigated in much greater detail.


So, nobody concerned about this "cherry picking" anything. We are going off the evidence that exists NOW. No more, no less.
Yeah, not so much. The actual evidence you've offered is limited to the 1/3. You've offered only speculation for the 2/3 majority, assuming that what you know about the 1/3 also applies to the others.


At this point, there is NO evidence to demonstrate that this special inappropriate process wasn't directed soley, or predominately, at conservative groups.
A lack of evidence does not constitute evidence. We know some left-leaning groups were targeted. We do not yet know whether they were subjected to the same process or not. It is therefore inaccurate for you and others to keep asserting as fact that this specific process was directed solely at right-wing groups. That is yet again speculation presented as fact.

It's great that you're now willing to slide the goal posts back a bit and allege it was "predominately" conservative groups rather than "solely", but that's not the claim I've addressed (and refuted) several times. It's also still speculative, though more reasoned speculation.


When the IRS produces the list of the names of the groups that were selected under the new inappropriate political guidelines then we'll have a better understanding.

(But right now, we know 100% of conservative named groups were chosen.)
No, that's not accurate either. We know that 100% of a specific subset of conservative named groups were chosen. We have no data about any conservative groups not selected.


That's irrelevant.

If the process is illegal/improper it doesn't matter that the 'ends (seemed) to justify the means'.
Yes Fern, that's what I said. Please read all the words. Note specifically the place where I said, "... except for the part..." You guys need to learn to accept "yes" for an answer, because I've stated countless times that using only right-wing keywords was unacceptable.


The IG report also found that some were excluded that shouldn't have been etc. (It should be noted that we don't know what criteria the IG used to determine if additional info was required or not. The IG is not a tax lawyer etc.)

In short, it's a poor process, and one the IG ruled was inappropriate and not just for political reasons:


(See page 5 of the report.)
Right, not in dispute.



So they chose 100% of the conservative sounding groups
Yet again, speculation presented as fact.


and you're asking for evidence that they intended to do that? Really?
No, I'm stating (yet again) that we do not yet know whether there was partisan intent, or simply a poor choice of the keywords used to select 1/3 of the applications picked for additional screening. Did they select those keywords specifically because they were associated with right-wing groups, or simply because they were quick and obvious, with nobody pausing to consider that their list was politically one-sided? You can make whatever assumptions you want as to the answer to that, but it's still just assumption, not fact. That has been my point all along.


It's either political or they have empirical evidence demonstrating that 100% of the conservatives groups previously approved and now operating were not following the rules so it's justified to select 100% of the new ones. As to the latter possibility, please provide any evidence of this.
Sorry, what are you talking about, "previously approved"? As far as I know, these were all new groups applying for the first time.


For heaven's sake, that's the IG's ruling:

As to the "new" part of my remark, the IG report makes clear the criteria were developed in March 2010. So, yes it's new.

Unprecedented? Yes, of course it is. Otherwise please find examples where it has been used before.
Sorry, that is factually not the IG's ruling. Here is the your specific claim, followed by the IG finding you claim matches it:
Fern: "This whole 'scandal' is about new, unprecedented and inappropriate follow up questions ..."

IG: "The IRS used inappropriate criteria that identified for review ..."
They are distinctly NOT the same thing at all. Your claims are about the "follow up questions". The IG ruling addresses the selection criteria. You completely misstate the IG ruling.

Your allegations about the follow-up questions being new and unprecedented are equally speculative. The selection criteria? Yes. But, we do not know what sorts of follow-up questions have been asked in the past. That has not been documented, so far as I've seen.


The Breitbart link was only included to document that the IRS has still not provided the info Congress requested. You don't need to take Brietbart's word for it, it can easily be confirmed by googling.

Fern
I didn't question whether the IRS was late in responding. It was your/Breitbart's insinuation that this was intentional foot-dragging that I questioned. As I said, "For example, is the IRS actually dragging its feet or is this the usual fabricated outrage because the IRS cannot meet unrealistic deadlines in spite of sincere efforts to respond as quickly as possible?" I reject Breitbart as a source that would answer that question honestly.
 
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Craig234

Lifer
May 1, 2006
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Continuing their manufactured crisis/scandal, the Republicans held a fifth hearing today.

One Republican told one of the tea party groups appearing that the IRS had 'told them what to think, how to pray'.

A completely absurd lie for politics. Completely irresponsible and more scandalous than anything the IRS did. With no accountability - the right eats up that sort of thing.
 

Pulsar

Diamond Member
Mar 3, 2003
5,224
306
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Continuing their manufactured crisis/scandal, the Republicans held a fifth hearing today.

One Republican told one of the tea party groups appearing that the IRS had 'told them what to think, how to pray'.

A completely absurd lie for politics. Completely irresponsible and more scandalous than anything the IRS did. With no accountability - the right eats up that sort of thing.

I see you're slowly dragging discussion club down to the level of off-topic conversation. Congrats on that.

The people currently testifying before congress have told a very troubling story about being asked to provide donation amounts, donor names, and dates. They highlight incredibly long times for approval. In one case over 20+ months and still no approval, but no decline of their application or reason for the delay. These stories are extremely troubling, and serve to highlight the abuses went on.

At the same time, two of the democrats have really managed to put their feet in their mouths. One stated that Right Wing groups all 'deserved' the extra scrutiny. No political bias there.

Another has now gone on record as saying "We're talking about whether or not the American taxpayers will subsidize your work. We're talking about a tax break." If that's the case, why have Left leaning groups never been targeted?

They are digging themselves a very deep hole, and this is going to bite them in ass come the next election cycle. It's becoming clear that they aren't going to serve up the people who pulled this stunt off. That's the worst thing they can do, since it will just serve to highlight and drag out the entire incident.

Even worse is that it appears to still be continuing, with right wing groups still not approved after horrendous waits.
 
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Craig234

Lifer
May 1, 2006
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Increasingly, it's becoming clear the 'real scandal' here is the political groups - mostly but not all right-wing - getting tax exemption who should not be.

When I saw that in 1959 the rule for 501(c)4's enforcement was changed from 'exclusively' for social welfare and not political to 'primarily' - 51% - social welfare allowing for political activity, I assumed that was for good reason, with congressional approval for the change, even if it's not necessarily a good idea.

Now, it appears that's not the case - that the IRS simply decided on its own to make that change and that the law did and does say "exclusively" for social welfare.

So not only are many of these groups reportedly abusing the exemption by being primarily political and lying about it, but there is an issue that allowing any of the political activities - which pretty much all of the groups in question have - should not be allowed under the law.

More Democrats are pointing out the 'exclusive' issue and calling for the IRS enforcement to follow the law.

Politico did an article discussing some of the political activities of the groups who testifed about the trauma of having their applications reviewed.

http://www.politico.com/story/2013/06/irs-scrutiny-politics-92254.html?hp=t3_3
 

Fern

Elite Member
Sep 30, 2003
26,907
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Increasingly, it's becoming clear the 'real scandal' here is the political groups - mostly but not all right-wing - getting tax exemption who should not be.

What's increasing clear is the ignorance of many people.

Read this at least 5 times:

All political groups are tax exempt under laws enacted by Congress

It's merely a question of which type political group you qualify as under law. Even then the only difference is whether your donors must be identified. That's it.

When I saw that in 1959 the rule for 501(c)4's enforcement was changed from 'exclusively' for social welfare and not political to 'primarily' - 51% - social welfare allowing for political activity, I assumed that was for good reason, with congressional approval for the change, even if it's not necessarily a good idea.

Now, it appears that's not the case - that the IRS simply decided on its own to make that change and that the law did and does say "exclusively" for social welfare.

So not only are many of these groups reportedly abusing the exemption by being primarily political and lying about it, but there is an issue that allowing any of the political activities - which pretty much all of the groups in question have - should not be allowed under the law.

More Democrats are pointing out the 'exclusive' issue and calling for the IRS enforcement to follow the law.

No.

First, it is true that the IRS changed the regulations to say "primarily" from "exclusive". While it's difficult to get information from that period many legal commentators believe that change was to simply recognize how the courts had interpreted the term "exclusive". I.e., courts consider "exclusive" to mean "primarily".

E.g., We're at an official board meeting for our (c)(4) charity which provides housing for the poor. We have food. Well, under a strict interpretation of "exclusive" we just lost our tax exemption because eating food is not related to our exempt purpose.

The above is why the courts do not interpret "exclusive" to actually mean exclusive, but more like "primary".

If there is a problem with the change to "primary" it is that it is not well defined. Is primary 90%, 75% or 51%? The IRS won't say so we work it out in the courts.

Now, and more importantly, that issue is a 'red herring'.

501 (c)(4)'s are allowed by law to engage in unlimited political/legislative lobbying. This has nothing to do with the change from "exclusive" to "primary".

But, but bu b how can this be so? you might ask.

Well, don't Progressives/Dems/Libs always argue their policies are better for social welfare? Of course they do. The point is, social welfare IS politics and politics IS social welfare. The two are inseparable.

E.g., is the nation's heath care a social welfare issue? Of course it is.

Thus, engaging in "social welfare" is engaging in politics. Accordingly, these groups may spend 100% of their time and money involved in political issues. The only caveat is that the social welfare issue, and political bit, must be in line with the orgs stated purpose. I.e., if the stated purpose is encouraging fine arts education among poor young people you better not lobby for, or run ads, regarding health care. You'll get busted.

If you want to confirm that tax law allows for unlimited lobbying for (c)(4) groups just google the recent IG report on the IRS and tax exempt organizations and see page 2 of the report. There is a chart showing political activity allowed and not allowed.

It's a pdf and I don't know to link those. You can use my google search below. Go down to the 6th item, the pdf and click on it: https://www.google.com/#sclient=psy...53,d.dmQ&fp=25f0398f35490ff3&biw=1024&bih=616

For those that have a problem with 501 (c)(4)'s not having to report their donors, take it up with the SCOTUS. In the case N.A.A.C.P. v. ALABAMA, 357 U.S. 449 (1958) the SCOTUS ruled that they didn't have to.

Fern
 
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Fern

Elite Member
Sep 30, 2003
26,907
174
106
Continuing their manufactured crisis/scandal, the Republicans held a fifth hearing today.

One Republican told one of the tea party groups appearing that the IRS had 'told them what to think, how to pray'.

A completely absurd lie for politics. Completely irresponsible and more scandalous than anything the IRS did. With no accountability - the right eats up that sort of thing.

And Democratic Congressman (Rep. McDermott) managed to 'one up' that stupidity by telling the groups that they were engaged in contentious political issues. Umm, health care, while a political issue IS a fracking social welfare issue, you boob.

Then to compound the stupidity and demonstrate his complete lack of understanding of tax law, he went on to tell the groups the groups that they were asking the taxpayers to subsidize their groups.

Nope.

Amount of (c)(4) contributions deductible = 0
Amount of reduced revenue via tax deduction, or govt subsidy if you prefer that term = $0

Amount of income tax paid by (c)(4) = $0

Net change, or subsidy = $0.

There is no 'subsidy' unless and until contributions are deductible by the donor.

But I guess the Left eats up this sort of nonsense.

Fern
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
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Here is a direct link: http://www.scribd.com/doc/141606149...ort-on-IRS-Reviews-of-Tax-exempt-Applications

Also, here is the actual text from the IG report about political activity:
The I.R.C. section and subsection an organization is granted tax exemption under affects the activities it may undertake. For example, I.R.C. § 501(c)(3) charitable organizations are prohibited from directly or indirectly participating in or intervening in any political campaign on behalf of or in opposition to any candidate for public office (hereafter referred to as political campaign intervention). However, I.R.C. § 501(c)(4) social welfare organizations,I.R.C. § 501(c)(5) agricultural and labor organizations, and I.R.C. § 501(c)(6) business leagues may engage in limited political campaign intervention. Figure 1 highlights certain characteristics of common types of tax-exempt organizations.

Fern's explanation seems at odds with what the IG actually said. See more details in the table.
 

Fern

Elite Member
Sep 30, 2003
26,907
174
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Here is a direct link: http://www.scribd.com/doc/141606149...ort-on-IRS-Reviews-of-Tax-exempt-Applications

Also, here is the actual text from the IG report about political activity:


Fern's explanation seems at odds with what the IG actually said. See more details in the table.

Nope. See pg 2 of the report. Look at the table of political activity allowed/forbidden.

I never said that (c)(3)'s could do any political activity, just (c)(4)'s.

I didn't address "campaign intervention" for (c)(4)'s, but only lobbying. If you look at the pg 2 you'll see the IG confirms what I said.

I can't copy the table here, the formatting gets messed up.

Fern
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
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Nope. See pg 2 of the report. Look at the table of political activity allowed/forbidden.

I never said that (c)(3)'s could do any political activity, just (c)(4)'s.

I didn't address "campaign intervention" for (c)(4)'s, but only lobbying. If you look at the pg 2 you'll see the IG confirms what I said.

I can't copy the table here, the formatting gets messed up.

Fern
I was referring to the more general comments in your post about "engaging in politics" and "political activity". Nonetheless, you did narrow that to "(c)(4) lobbying" specifically when referring to the IG report, and I agree it shows 501(c)(4) groups are allowed to engage in unlimited lobbying "if in furtherance of tax-exempt purposes".
 

Craig234

Lifer
May 1, 2006
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350
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I was referring to the more general comments in your post about "engaging in politics" and "political activity". Nonetheless, you did narrow that to "(c)(4) lobbying" specifically when referring to the IG report, and I agree it shows 501(c)(4) groups are allowed to engage in unlimited lobbying "if in furtherance of tax-exempt purposes".

What's mainly at issue here is direct candidate ads. While everyone can say 'it's good for the country for the candidate we're supporting to get elected or the candidate we're opposing to get defeated', that is not the purpose of 'social welfare' nor is it considered such by the IRS.

Yet that's what many of these groups do - in a case like Crossroads almost exclusively it seems. Seems to me that's pretty clearly at odds with the rules.

On the issue of 'exclusively' and 'primarily', that change seems to be one simply of the IRS deviding to change the rules Congress wrote. What we have seems clearly at odds with it.
 

Fern

Elite Member
Sep 30, 2003
26,907
174
106
What's mainly at issue here is direct candidate ads. While everyone can say 'it's good for the country for the candidate we're supporting to get elected or the candidate we're opposing to get defeated', that is not the purpose of 'social welfare' nor is it considered such by the IRS.
-snip-

That's what's known as "campaign intervention". Lobbying is different.

To me it seems the fix is easy. All Congress need do amend 501 (c)(4) to prohibit "campaign intervention".

There's no need to mess with the (problematic) "exclusive" vs "primarily".

Fern
 

Craig234

Lifer
May 1, 2006
38,548
350
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The evidence keeps coming in that this was not the partisan scandal Republicans rush to attack and hype it as.

The manager of the Cincinnati IRS group who is involved was interviewed by the Congressional committee. He is a "conservative Republican" who joined the IRS when the first Bush was president. he said that in his opinion there was nothing partisan about what happened, that it was simply attempting to do what they were supposed to.

Committee Chairman Issa has refused Democratic requests to release the interviews he has been selectively quoting from - they don't support his attacks. Good piece on it:

http://www.nbcnews.com/id/45755883/ns/msnbc-the_last_word/vp/52163511#52163511
 

Craig234

Lifer
May 1, 2006
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How easy we forget? The sort of information they demanded and what they did with it afterwards, such as directly affecting the 2012 Presidential election via doner lists.

You're flinging mud at a mountain of !@#$, but that won't make it all mud.

So far all that investigations have found are suggestions a handful of inadvertant mistakes have been made releasing some information.

The real scandal remains that almost entirely partisan political groups lied to the IRS about their activities and are receiving tax-exempt states. for example:

http://www.propublica.org/article/what-karl-roves-dark-money-nonprofit-told-the-irs
 

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
126
I'd argue there are 2 scandals:

- PACs for both parties being able to pretend to be charities to hide their donors

- The cover up of the mistakes made by the IRS. That is, failing to disclose the problem when it was known, then the planted audience member to ask the leading question to slip out the news when it could no longer be concealed, white house staff coordinating the belated information release to try to minimize the damage.

Yes, it now looks like the lower-level IRS people weren't doing it for partisan reasons, but the cover up did happen, and both IRS and Obama staffers were involved.