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Scuba

(53,475 posts)
Tue Mar 25, 2014, 10:14 AM Mar 2014

NYT LTTE: How the I.R.S. Created a Campaign-Spending Mess

http://www.nytimes.com/2014/03/25/opinion/how-the-irs-created-a-campaign-spending-mess.html

In “A Campaign Inquiry in Utah Is the Watchdogs’ Worst Case” (front page, March 18), you write that proposed Internal Revenue Service regulations are designed to “rein in election spending by nonprofit ‘social welfare’ groups.” But the problem the I.R.S. seeks to solve is a problem of its own failures to enforce tax laws and if implemented would violate long-established First Amendment rights.

The problem arises because the I.R.S. has for many years now, despite a generally applicable statute requiring it, failed to enforce a gift tax on large contributions to these social welfare groups, known as 501(c)(4)’s. It is this failure that propelled electoral advocacy groups to flee from 527s, their lawful statutory home, where disclosure is required, to 501(c)(4)’s, where it isn’t.

Moreover, the I.R.S. has also violated the statute, which requires (c)(4) organizations to engage exclusively in social-welfare, nonelectoral activities, by inventing a primary purpose test that allows (c)(4) organizations to use up to 49 percent of their funds for nonexempt purposes without threatening their tax exemptions.

The I.R.S.’s current proposal does not remedy the mess it has created. Moreover, its proposal to reinstate, through the tax code, restrictions on nonelectoral public advocacy, both right and left, cannot stand. Such restrictions, which have been repeatedly struck down as violations of the First Amendment, would curtail organizations from taking public positions on such issues as stop-and-frisk practices, gun control and abortion.

IRA GLASSER
WILLIAM JOSEPHSON
New York, March 18, 2014




Seems Mr. Glasser suspects the IRS was complicit in allowing wealthy donors to illegally hide their political activities. I can't disagree.
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NYT LTTE: How the I.R.S. Created a Campaign-Spending Mess (Original Post) Scuba Mar 2014 OP
This a classic case of the law not mattering if it isn't enforced. You can pass all the laws PoliticAverse Mar 2014 #1
I don't believe the IRS was complicit in any manner when they first wrote their "regulation" Bandit Mar 2014 #2

PoliticAverse

(26,366 posts)
1. This a classic case of the law not mattering if it isn't enforced. You can pass all the laws
Tue Mar 25, 2014, 10:40 AM
Mar 2014

you want about campaign financing and money in politics, but if they are ignored
it is worse than not having the laws at all.

Bandit

(21,475 posts)
2. I don't believe the IRS was complicit in any manner when they first wrote their "regulation"
Tue Mar 25, 2014, 11:56 AM
Mar 2014

It was back in the fifties, way before citizen's united, however since then there has been plenty of exposure to the actual LAW and how it is worded. There is NO EXCUSE to not follow the LAW as written. If the IRS continues to follow their "regulation" as written in the fifties then I would have to agree they are complicit and become criminal. Laws need to be followed by EVERYONE even the IRS.

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