Cause of Action Demands Investigation of IRS’s Failure to Address Lobbying Violations

 

CAUSE OF ACTION DEMANDS INVESTIGATION OF IRS’S FAILURE TO ADDRESS LOBBYING VIOLATIONS

Lack of oversight of stealth lobbying uncovered by Cause of Action

WASHINGTON – Following an investigation into the oversight of lobbying disclosures, Cause of Action (CoA) uncovered that the Internal Revenue Service (IRS) fails to monitor activities that could violate tax-exempt statuses, prompting CoA to send a request for investigation to the Treasury Department Inspector General concerning the IRS’s lack of action.

On March 22, 2012, Cause of Action wrote to Douglas Shulman, Commissioner of the IRS, to inquire about the IRS’s monitoring of tax-exempt organizations that house lobbying coalitions. These coalitions, as has been revealed in numerous media outlets over the past several years, dodge the Lobbying Disclosure Act by existing as loosely organized groups which are not incorporated under the law.  Concerned that lobbying coalitions are exercising political influence without paying taxes under the Internal Revenue Code, CoA sought to ensure that lobbying entities are paying taxes and are in compliance with IRS regulations.

In response to a Freedom of Information Act (FOIA) request Cause of Action submitted, on May 14, 2012, the IRS responded that it was unable to locate any documents relating to the tax-exempt status of unincorporated coalitions residing at tax-exempt corporations, their fiscal sponsors, or any investigations by the IRS into these organizations.

“The inability of the IRS to produce any documents on oversight or investigation into stealth or coalition lobbying points to a gross lack of accountability by the federal government,” stated Dan Epstein, Executive Director of Cause of Action. “The burden now lies upon the Treasury Department’s investigators to examine why the IRS has turned a blind eye to numerous coalitions that have the potential to lobby with tax-exempt dollars, which is a clear violation of the Lobbying Disclosure Act.”

On June 8, 2012, CoA sent a request for investigation letter to J. Russell George, the Treasury Inspector General for Tax Administration (TIGTA) which states that “the IRS has failed to require lobbying coalitions to report their activities and the IRS has failed to conduct oversight over tax-exempt corporations that sponsor coalition lobbying without disclosing those activities. Moreover, the IRS, despite concerns by Congress and the media, has failed to conduct any investigations of lobbying coalition activities that may be inconsistent with the Internal Revenue Code.  As a result, we strongly request that you immediately investigate these matters.”

At the time of this release, CoA has not received a response from TIGTA concerning the request for investigation.

About Cause of Action:

Cause of Action is a non-partisan, non-profit organization that uses public advocacy and legal reform tools to ensure greater transparency in government, protect taxpayer interests and promote economic freedom. For more information, visit www.causeofaction.org.

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Stealth lobbying continues under the IRS’s radar

On March 22, 2012, Cause of Action  submitted a Freedom of Information Act request to the IRS, seeking information concerning the IRS’ oversight of coalition lobbying, specifically:
•  All documents referring or relating to the tax-exempt status of unincorporated coalitions residing at tax-exempt corporations, including reporting requirements concerning these coalitions’ lobbying activities
•  All documents referring or relating to the disclosure requirements of tax-exempt entities that sponsor or provide resources to a coalition, concerning the coalition’s lobbying and other activities
•  All documents referring or relating to those organizations for which the IRS has:
1.  Conducted a criminal investigation, civil audit, or examination, reviewed whistleblower-informant  claims, found abusive tax schemes and published alerts or abusive tax scheme investor lists concerning coalitions which lobby and/or “stealth” lobbyists from 2004 to the present
2.  For each identified, summarize the subsequent allegations and action by
the IRS, including penalties, fines, reports, memoranda or other assessments made against those investigated coalitions.
3.  Provide any documents reflecting coalitions’ response to any IRS criminal investigation, audit,
examination, whistleblower information claim, alert or publication.

On May 14, Susan Marks-Jensky of the IRS  responded to CoA’s request, stating “I found no documents specifically responsive to your request.”

This response highlights that the IRS has failed to require lobbying coalition’s to report their stealth activities and has refused to conduct oversight over tax-exempt corporations that sponsor coalition lobbying  without disclosing those activities. Moreover, the IRS, despite concerns by Congress and the media, has failed to conduct any investigations of lobbying coalition activities that may be inconsistent with the Internal Revenue Code.

Homeland Security Acting IG: “Carefully reviewing the allegations made” Re: ICE violations of Federal lobbying and appropriations laws

On January 25, 2012, Cause of Action requested that Acting DHS IG, Charles K. Edwards, investigate whether the U.S. Immigration and Customs Enforcement Agency (ICE) violated federal law by obtaining and subsequently disseminating a video that can be traced to Creative America Campaign, Inc. Creative America has demonstrable ties to special-interest groups that regularly use registered  lobbyists to advocate for passage of legislation that, directly or indirectly, is in ICE’s pecuniary interest.  Further, ICE has violated applicable federal law by using money appropriated by an act of Congress to produce sophisticated, self-aggrandizing  videos that amount to nothing more than propaganda. See CoA’s letter here.

On June 1, 2012, IG Edwards stated that the OIG is “carefully reviewing the allegations made” concerning “whether U.S. Immigration and Customs Enforcement (ICE) has violated Federal lobbying or appropriations law.”  See IG Edwards’ response here.

 

 

 

KMED: Bill Meyer Discusses Whistleblower Protection with Dan Epstein

Jump to minute 21:00 to hear Dan Epstein discuss whistleblower protection.

Dan Epstein – Bill Meyer Show – May 23, 2012

G Gordon Liddy Discusses Whistleblower Protection with Dan Epstein

Dan Epstein – G Gordon Liddy – May 24, 2012

CoA Challenges Dept. of Energy In Lawsuit Over Burdensome Rulemaking Decision

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Free Beacon: CoA sues Federal Trade Commission over FOIA denials

Read the full story here. Freebeacon

“A government watchdog group has filed a court complaint against the Federal Trade Commission, claiming the agency arbitrarily denied its public records requests while granting those of liberal organizations.

Cause of Action, a non-profit organization that promotes government transparency, filed an injunction for relief Friday in the United States District Court of the District of Columbia, requesting the court to force the agency to disclose records it has so far withheld. Cause of Action filed the complaint after filing three separate Freedom of Information Act requests and sparring with the agency for nearly nine months.

“For an administration that has publicly committed itself to transparency, the Federal Trade Commission’s refusal to produce documents in response to Cause of Action’s several month-long FOIA investigation reeks of arbitrariness,” Cause of Action executive director Dan Epstein said in a statement to the Free Beacon. “As we state in our complaint, the FTC has wrongfully withheld requested agency records and has repeatedly denied our appeals.”