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Reining In the IRS: The House Plan takes dead aim at the IRS’s persistent abuse of its authority
National Review ^ | 02/26/2014 | Eliana Johnson

Posted on 02/26/2014 6:34:16 AM PST by SeekAndFind

A comprehensive tax-reform plan House Republicans will unveil this morning takes dead aim at what Republicans perceive to be the IRS’s persistent abuse of its authority. According to Republican aides familiar with the plan, it will curb the power of the nation’s tax-collecting agency, something Republicans have attempted to do since the agency admitted to improperly singling out conservative non-profit groups last May.

The legislation, authored by Ways and Means Committee chairman Dave Camp (R., Mich.), introduces reforms that directly address the circumstances that led to last year’s scandal. The specter of Lois Lerner looms large in the minds of many Republicans, and the plan mandates the termination of any IRS employee found to have taken official action for political purposes. The 1988 bill that restructured and reformed the IRS spells out ten actions for which the IRS commissioner must terminate an agency employee after an “administrative or judicial determination” that the employee has committed the prohibited action — among them, providing a false statement under oath on a matter involving a taxpayer and violating the rights of a taxpayer. Today’s bill would add the commission of politically motivated acts to the list.

The plan would also require the IRS to modify its interpretation of a critical provision of the Internal Revenue Code that has been used to protect the privacy of those accused of leaking confidential taxpayer records and to deny information to the victims of IRS abuse.

Under the proposed reforms, the provision, Internal Revenue Code section 6103, would require the government to disclose to victims both the status of an investigation as well as its result, including the identity of the perpetrator.

As currently interpreted, section 6103 prohibits congressional committees or inspectors general from identifying a government employee who has leaked confidential taxpayer information. It even prohibits inspectors general from confirming or denying whether they have conducted an investigation. Disclosing tax returns to the public is a felony, but the results of investigations conducted by congressional committees or inspectors general are considered the confidential tax information of the perpetrator and so, in an ironic twist, perpetrators are currently protected by the very law they violated.

As Republicans, including Camp, have investigated the IRS targeting scandal, they have run head first into the restrictive nature of the 6103 provisions. “The law, intended to protect taxpayers, is being used as a shield for those who perpetrate this wrongdoing,” Camp told National Review Online in October.

The National Organization for Marriage, a conservative organization that had its donor list leaked by the IRS, has filed suit against the agency after it was unable to get answers from the government. Camp’s Ways and Means Committee, which investigated the leak, was prohibited from releasing the findings of its investigation, which concluded in October. In court, according to NOM’s attorneys, the IRS has admitted to disclosing the document but maintains that the disclosure was “inadvertent.” The case is in discovery phase and a trial is expected in April or May.

Camp and his Republican colleagues are also tackling the IRS’s proposed regulations for social-welfare groups, which have rankled groups on both the left and the right. The plan proposes to delay the rules, which would curb the political activity of 501(c)(4) groups, for one year. Camp has proposed a bill in the House that does just that, and Senate Republicans have done the same, but the bills have yet to come up for a vote.

501(c)(4) groups must promote social welfare and, by law, can’t “primarily” engage in political activity. The rules proposed by the agency in November, which have garnered over 70,000 (mostly critical) public comments, would classify such activities as voter-registration drives and the production of voter guides as political activity that does not count toward an organization’s primary purpose, essentially limiting the amount of political activity groups can engage in. Camp has charged that the rules were “reverse engineered” by the IRS in an attempt to codify the targeting of tea-party groups that it was previously performing behind the scenes.

The proposed rules have ignited a firestorm on the right, and, on the left, groups including the American Civil Liberties Union and the Service Employees International Union have spoken out against them. even as Democratic senators urge the agency to codify them in advance of the midterm elections.

The forthcoming legislation would also introduce an additional layer of oversight onto the IRS, directing the Government Accountability Office to review each of the agency’s operating divisions in order to determine that they are properly screening cases. The GAO would conduct follow-up reviews every four years.

— Eliana Johnson is media editor of National Review Online.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: congress; gop; irs
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To: oldbrowser

RE: Passing another law just adds to the confusion.

So, how do you propose reining in the IRS without passing a law?


21 posted on 02/26/2014 7:35:20 AM PST by SeekAndFind
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To: lodi90

“The GOPe has proven they are unwilling to engage the kenyan and govern in a conservative manner. Conservatives should proceed accordingly.”

You are correct. It is amazing Democrat presidents are able to further their agendas, and get their nominees approved, even when one or both houses are controlled by the Republicans. Even when Republicans don’t control the Senate they usually have enough votes to block legislation or nominees yet they rarely seem to use the power on the important issues.

Under Republican presidents, Democrat minorities in either house are extremely effective blocking the key legislation proposed by the President.

Republicans in the House and Senate rarely block the socialists no matter the circumstances.


22 posted on 02/26/2014 7:41:20 AM PST by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: SeekAndFind

Lotsa luck. This corrupt administration will sic the irs on the watchdogs.


23 posted on 02/26/2014 7:42:21 AM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: SeekAndFind
So, how do you propose reining in the IRS without passing a law?

File criminal charges against those who are abusing their authority for political purposes. Nobody ever gets punished for malfeasance, misfeasance, or nonfeasance in office. They just pass new law that restates what previous laws already prohibited and pretend that they have solved the problem.

24 posted on 02/26/2014 8:07:05 AM PST by oldbrowser (Civil service unions are the real government)
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To: MrB

I support an even more thorough reigning in of government abuse than merely abolishing the IRS, or income tax.

Remove ALL instances where a citizen may be penalized without the prior action of a jury of their peers.

No more tax courts.
No traffic courts.
No mandatory binding arbitration.
No seizures by game wardens.
All of it.

A nuclear option bringing the potential for jury nullification to all areas.


25 posted on 02/26/2014 8:15:58 AM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: MrEdd

Somewhere in our past it was the understood overarching concept that no person shall be deprived of life, liberty, or property without due process.

All those things you’ve mentioned are examples of violations of that concept.


26 posted on 02/26/2014 8:17:49 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: SeekAndFind

Boner will cry and apologize.


27 posted on 02/26/2014 8:24:22 AM PST by Uncle Miltie (Mohammed was a pedophile and Islam is a Totalitarian Death Cult.)
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To: SeekAndFind
MSM headlines day after hearings:

Congressional testimony reveals how the IRS, under Obama's leadership, effectively shut down 432 illegal radical TEA party campaign finance fraud schemes. Docudrama being produced by HBO will air in October.

28 posted on 02/26/2014 8:28:15 AM PST by Cementjungle
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To: SeekAndFind

Abuse of its authority is everything this regime ahs done but it’s ok if one is a democrat.


29 posted on 02/26/2014 8:41:01 AM PST by Vaduz
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To: SeekAndFind

http://www.irsexposed.org/
The IRS is now accepting public comments on the proposed rules changes, but the deadline for public comments to be submitted is Thursday, February 27th.


30 posted on 02/26/2014 9:30:53 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: SeekAndFind

Will John Boehner block this too?


31 posted on 02/26/2014 10:16:01 AM PST by minnesota_bound
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