Pitts: What was the IRS thinking?
May 20, 2013 at 9:30 AM
Excerpt: Well, this is a fine mess.
After years of moaning about various “conspiracies” against them, conservative activists finally have a real (i.e., not manufactured by Fox or inflated by Limbaugh) piece of evidence to take before the court of public opinion.
Meaning, of course, last week’s revelation that the Internal Revenue Service has been giving extra scrutiny to groups with the words “tea party” or “patriot” in their names. Extra scrutiny from the IRS is about as welcome as extra scrutiny from the proctologist, so one can hardly blame conservative groups for complaining, as they’ve done since last year.
Unfortunately, those complaints got no traction until Friday, when the IRS admitted the practice. Lois Lerner, director of the IRS division in charge of tax exemption, was speaking at an American Bar Association conference in response to a question about whether the conservative groups had been singled out. She admitted they were.
These groups reportedly amounted to about a quarter of the 300 organizations flagged for review between 2010 and 2012, but according to Lerner, there was no political intent. Rather, she says, the words became a shortcut used by employees to help them sort through the explosion of groups seeking tax exemption under the Internal Revenue Code. The relevant Code section, 501 (c) (4), requires that any exempt group be working to promote “social welfare” and that political action not constitute its “primary activity.” The groups the IRS flagged were not necessarily denied exemption, but were subjected to extensive questioning and required to produce membership lists and donor information.
Tuesday, the Justice Department launched an investigation. Two congressional committees are also looking into the matter. Every taxpayer not employed by the Obama administration should welcome the news.
Under the most charitable interpretation of the facts, this unit of the IRS used god-awful judgment. Under the least charitable, it engaged in ideological harassment inimical to and violative of, the First Amendment.