Who says the IRS didn’t succumb to political pressure?
by digby
Thanks goodness they kept their heads when it came to the really important stuff:
The tax matter at issue was whether these donors had sidestepped the gift tax. Created in 1924, the gift tax acts as a safeguard of sorts, backstopping both the estate tax and the income tax. Before its creation, people could donate all their money before they died to avoid the estate tax or give away their assets to relatives in lower income tax brackets. The gift tax does not apply to donations to traditional charities (the Red Cross), trade groups (the US Chamber of Commerce), or political nonprofits formed under the 527 section of the tax code (Swift Boat Veterans for Truth and America Coming Together). In the 1980s, the IRS said that the gift tax did cover contributions to 501(c)(4)s, yet for decades the agency never bothered donors about the gift tax on their donations to such nonprofits.
That changed in early 2011, when the IRS told five big donors to 501(c)(4) groups that they were being investigated for possibly dodging the gift tax. One of these letters read, “Donations to 501(c)(4) organizations are taxable gifts and your contribution in 2008 should have been reported on your 2008 Federal Gift Tax Return.” That was a potentially a big deal. The way the gift tax works, a donor who in 2008 gave more than $2 million to one or more nonprofits could owe hundreds of thousands of dollars to the taxman—a doozy of an unexpected tax bill. If the IRS vigorously applied the gift tax to these sort of donations, donors would be less likely to give (or would give less) to nonprofits, tax experts say.
In May 2011, news of the IRS’ big-donor probe went public. Republicans reacted furiously. On June 3, 2011, Rep. Dave Camp (R-Mich.), the chairman of the House ways and means committee, sent a letter to then-IRS commissioner Doug Shulman demanding the names and titles of IRS staffers involved in the gift tax probe, and the criteria used to pick which donors to scrutinize. “Every aspect of this tax investigation, from the timing to the sudden reversal of nearly thirty years of IRS practice, strongly suggests that the IRS is targeting constitutionally-protected political speech,” Camp said. (The IRS denied that the probe was influenced by politics in any way.)
The following month, Miller halted the agency’s donor audits. In a public memo, he wrote, “This is a difficult area with significant legal, administrative, and policy implications with respect to which we have little enforcement history.” The IRS would study the gift tax, Miller added, and if it launched future audits of donors, it would do so only after alerting the public.
If nonprofit donors had once worried about getting slapped with a big tax bill, Miller’s memo eased those fears—just in time for the 2012 campaign season, in which politically active nonprofits raised and spent hundreds of millions of dollars. Miller’s memo “gave donors a green light” to finance 501(c)(4)s, Colvin says. “Ever since then donors have been able to give to c-4 organizations who may or may not be active in politics.”
Miller, who lost his job in the latest IRS scandal, was not a political appointee, unlike Shulman, who was named to his post by President George W. Bush. (The staffers who launched the short-lived gift tax probes weren’t political appointees, either.) Yet Marcus Owens, the former IRS director, says Miller’s decision to stop the audits smacked of politics after receiving so much pressure from Congress. “The deputy commissioner’s office does not normally step in to stop audits,” he says. “It’s getting too close to politics at that point.”
Ya think? And yet, somehow, I don’t think this is going to cause quite as much of a stir on the right as the Tea Party “screening” do you?
I was watching Megan Kelly and Dana Perino on the Fox the other day going on about how terrible it had been to target altruistic social welfare groups like Karl Rove’s American Crossroads. I guess this is what they were clutching their pearls over…
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