Many Republicans are enraged over revelations in recent days that the
Internal Revenue Service targeted conservative nonprofit groups with a campaign
of audits and harassment. But of all the troubles now dogging the Obama
administration—including the Benghazi fiasco and the Justice Department's
snooping on the Associated Press—the IRS episode, however alarming, is also the
least surprising. As David Burnham noted in "A Law Unto Itself: The IRS and the
Abuse of Power" (1990), "In almost every administration since the IRS's
inception the information and power of the tax agency have been mobilized for
explicitly political purposes."
President Franklin Roosevelt used the IRS to harass newspaper publishers who
were opposed to the New Deal, including William Randolph Hearst and Moses
Annenberg, publisher of the Philadelphia Inquirer. Roosevelt also dropped the
IRS hammer on political rivals such as the populist firebrand Huey Long and
radio agitator Father Coughlin, and prominent Republicans such as former
Treasury Secretary Andrew Mellon. Perhaps Roosevelt's most pernicious tax
skulduggery occurred in 1944. He spiked an IRS audit of illegal campaign
contributions made by a government contractor to Congressman Lyndon Johnson,
whose career might have been derailed if Texans had learned of the scandal.
Within a few days of Kennedy's remarks, the IRS launched the Ideological
Organizations Audit Project. It targeted right-leaning groups, including the
Christian Anti-Communist Crusade, the American Enterprise Institute and the
Foundation for Economic Education. Kennedy also used the IRS to strong-arm
companies into complying with "voluntary" price controls. Steel executives who
defied the administration were singled out for audits.
A 1976 report by the Senate Select Committee on Government Intelligence on
the Kennedy program noted: "By directing tax audits at individuals and groups
solely because of their political beliefs, the Ideological Organizations Audit
Project established a precedent for a far more elaborate program of targeting
'dissidents.'"
After Richard Nixon took office, his administration quickly created a Special
Services Staff to mastermind what a memo called "all IRS activities involving
ideological, militant, subversive, radical, and similar type organizations."
More than 10,000 individuals and groups were targeted because of their political
activism or slant between 1969 and 1973, including Nobel Laureate Linus Pauling
(a left-wing critic of the Vietnam War) and the far-right John Birch Society.
The IRS was also given Nixon's enemies list to, in the words of White House
counsel John Dean, "use the available federal machinery to screw our political
enemies."
The exposure of Nixon's IRS abuses during congressional hearings in 1973 and
1974 profoundly weakened him during the uproar after the Watergate hotel
break-in. The second article of his 1974 impeachment charged him with
endeavoring to obtain from the IRS "confidential information contained in income
tax returns for purposes not authorized by law, and to cause, in violation of
the constitutional rights of citizens, income tax audits or other income tax
investigations to be initiated or conducted in a discriminatory manner."
Congress enacted legislation to severely restrict political contacts between the
White House and the IRS.
In the following decades, the IRS regularly sparked outrage by abusing
innocent taxpayers, but there was not much controversy about the agency's
politicizing until Bill Clinton took office.
In 1995, the White House and the Democratic National Committee produced a
331-page report entitled "Communication Stream of Conspiracy Commerce" that
attacked magazines, think tanks and other entities and individuals who had
criticized President Clinton. In the subsequent years, many organizations
mentioned in the White House report were hit by IRS audits. More than 20
conservative organizations—including the Heritage Foundation and the American
Spectator magazine—and almost a dozen individual high-profile Clinton accusers,
such as Paula Jones and Gennifer Flowers, were audited.
The Landmark Legal Foundation sued the IRS in 1997 after being audited. Its
brief quoted an IRS official who had explained at an IRS meeting in San
Francisco that audit requests from members of Congress or their staff had been
shredded and also suggested how future requests from Capitol Hill could be
camouflaged. The IRS told the court that it could not find 114 key files
relating to possible political manipulation of audits of tax-exempt
organizations.
One potential bombshell of the Clinton era that went relatively unrecognized
was an Associated Press report in 1999 that "officials in the Democratic White
House and members of both parties in Congress have prompted hundreds of audits
of political opponents in the 1990s," including "personal demands for audits
from members of Congress." Audit requests from congressmen were marked
"expedite" or "hot politically" and IRS officials were obliged to respond within
15 days. Permitting congressmen to secretly and effortlessly sic G-men on
whomever they pleased epitomized official Washington's contempt for average
Americans and fair play. But because the abuse was bipartisan, there was little
enthusiasm on Capitol Hill for an investigation.
The IRS has usually done an excellent job of stifling investigations of its
practices. A 1991 survey of 800 IRS executives and managers by the nonprofit
Josephson Institute of Ethics revealed that three out of four respondents felt
entitled to deceive or lie when testifying before a congressional committee.
The agency also has a long history of seeking to intimidate congressional
critics: In 1925, Internal Revenue Commissioner David Blair personally delivered
a demand for $10 million in back taxes to Michigan's Republican Sen. James
Couzens—who had launched an investigation of the Bureau of Internal Revenue—as
he stepped out of the Senate chamber. More recently, after Sen. Joe Montoya of
New Mexico announced plans in 1972 to hold hearings on IRS abuses, the agency
added his name to a list of tax protesters who were capable of violence against
IRS agents.
With the current IRS scandal, we may have seen only the tip of the iceberg.
Thorough congressional investigations would no doubt help reveal the extent of
the operation, and the criminal investigation announced by the Justice
Department on Tuesday may prove fruitful as well. Regardless of what these
inquiries uncover, though, we can be almost certain that IRS audits will remain
irresistible political weapons.
Mr. Bovard is the author, most recently, of the e-book memoir "Public Policy Hooligan."
From what I have read, many Tea Party based groups had complained to the Republican congress since 2009 but nothing was done. It seems that both the Republicans and Democrats were keen on the idea of stifling a third party.
ReplyDeletePretty much any government bureau is ripe for misuse and poor decision-making--the Pentagon, the Supreme Court (see Citizens United), you name it. They all have a stake in preserving their territory. From what I've seen there's no real evidence that the Obama administration purposefully used the IRS as a political tool in the way the writer chronicles FDR and others doing.
ReplyDeleteYou're naive to say the least if you put "tea party" in the name of your group and then are surprised when you receive scrutiny for trying to convince the IRS or anyone else that you're a "charitable organization." I'm not condoning the seeming focus on those folks alone--I'm sure that left-wing groups are pulling the same kinds of stunts.
Again, the Citizens United decision opened the doors for all kinds of shenanigans involving monkeying with tax issues and policies. The best thing would be to get that decision rescinded via Congress (fat chance).
I think it's a better argument for a flat tax. Taxing authority has been misused for a long time to buy votes and punish enemies. This scandal shows the old adage that power corrupts and absolute power corrupts absolutely.
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