After Non-Profit Application Furor, IRS Says It's Lost 2 Years Of Lerner's Email 372
As reported by the Associated Press, via US News & World Report, the IRS says that it cannot locate much of the email sent by a former IRS official over a two-year period. "The IRS told Congress Friday it cannot locate many of Lois Lerner's emails prior to 2011 because her computer crashed during the summer of that year. Lerner headed the IRS division that processed applications for tax-exempt status. The IRS acknowledged last year that agents had improperly scrutinized applications for tax-exempt status by tea party and other conservative groups." Three congressional committees are investigating the agency because of the allegations of politically motivated mishandling of those applications, as is the Justice Department and the IRS's own inspector general. As the story says, "Congressional investigators have shown that IRS officials in Washington were closely involved in the handling of tea party applications, many of which languished for more than a year without action. But so far, they have not publicly produced evidence that anyone outside the agency directed the targeting or even knew about it." CBS News has a slightly different version, also based on the AP's reporting.
Re:Everyone's Personal Email Server (Score:5, Informative)
The Federal Records Act requires retention of records. That email is a "record" for statutory purposes is a long settled matter. Conducting government business on a system with a retention period of 14 days and no archive is a crime.
It's your banana republic government either deliberately neglecting their obligation to preserve or destroying evidence or both. There aren't any plausible alternatives.
Enjoy.
Not on my servers (Score:4, Informative)
Re:Because IRS has never heard of exchange servers (Score:3, Informative)
Actually they did the same thing to socialist etc. groups. In fact the only group that was actually denied a tax exemption was a progressive church.
But don't let facts bother you.
Re:Yawn (Score:0, Informative)
They seem to divulge too much information, sometimes. My understanding from this IRS issue, is that these tea party groups were filing for a special non-profit status that has a specific social improvement goal of the non-profit, which did not align with the purpose/description of said non-profit status (plainly opposite in many cases if they are trying to stop social improvements like immigration reform).
So it seemed like the government released this information that they are doing their job properly, which the media goes nuts that it was a political witchhunt. It was not. It was purely being extra careful of a flood of applications for a non-profit that was much higher than previous years. The focus was on the type of applicant and the status applied, not the name or who applied.
I always understood the IRS to look for patterns and anomalies, and when there are anomalies, investigate them because they are likely fraud. So, based on my understanding from reading up on this last year, I sided with the IRS.
Re:Oh Well There's Your Problem (Score:4, Informative)
Re:Because IRS has never heard of exchange servers (Score:3, Informative)
No, in reality the IRS investigated all groups with political parties and movements in their names, since they're required by law (i.e. Congress) to only allow non-political groups to be granted tax exempt status. And the IRS investigated (and rejected) far more liberal groups than conservative groups. So (1) they were required to investigate political groups, so the investigation was not only proper, it was required by law passed by Congress, and (2) they didn't target Tea Party groups exclusively or even disproportionately.
So what were you complaining about?
Re:Very fishy (Score:5, Informative)
Is there a law, or Executive order, which required their retention?
See 36 CFR 1220.14. The Federal Records Act. NARA. Actual regulations and laws requiring archiving of all records, including e-mails.
You have presented an assymetric argument, and one that does not make any sense. Refine it, or retract it.
We'll wait for you to do so...
Re:Because IRS has never heard of exchange servers (Score:4, Informative)
Re:massive govt agency, no backups... (Score:4, Informative)
Re:Because IRS has never heard of exchange servers (Score:4, Informative)
Actually they did the same thing to socialist etc. groups. In fact the only group that was actually denied a tax exemption was a progressive church.
But don't let facts bother you.
BULLSHIT [washingtonpost.com]
The Internal Revenue Service on Friday apologized for targeting groups with “tea party” or “patriot” in their names, confirming long-standing accusations by some conservatives that their applications for tax-exempt status were being improperly delayed and scrutinized.
Lois G. Lerner, the IRS official who oversees tax-exempt groups, said the “absolutely inappropriate” actions by “front-line people” were not driven by partisan motives.
Umm, yeah, the IRS didn't target them. That's why they apologized. And no, it wasn't for political purposes. That must be the IRS can't find her emails....
What was that about facts bothering you?
For fuck sake, the IRS isn't what you think it is (Score:2, Informative)
What? Where are you getting this nonsense? The IRS does not expect you to keep records for your *entire life*. That's absolute moronic drivel. In fact, the IRS doesn't require you to do *anything*; it's congress that writes the tax code. Not just a different entity, a completely different branch of government. The IRS isn't some extra-legal entity that makes up their own rules to inflict on citizens and delights in making them difficult.
Anyway, you're required to keep records until the audit window for tax returns dependent on those records expires, no longer. Rarely will an individual have to keep any record of any kind longer than 7 years after the last filing year that record affected; the vast majority of records can be destroyed after no more than 4 years, and almost all people can fit the documents they're required to keep longer than 7 years in a single manilla folder (if they have any at all).
Are you just one of those people who think the IRS are evil because of your strict constructionist views, or something? Maybe you live in a compound in Idaho? Because this whole "IRS is evil and seeks out ways to fuck and/or control the average taxpayer in service of XYZ political force" notion is just so fucking far from the truth I seriously wonder what kind of willful ignorance or bizarre lies someone must experience to believe it.
Re:For fuck sake, the IRS isn't what you think it (Score:4, Informative)
>The IRS, in particular, expects taxpayers to keep records FOREVER (or until you die and your will is probated) What? Where are you getting this nonsense? The IRS does not expect you to keep records for your *entire life*. That's absolute moronic drivel. In fact, the IRS doesn't require you to do *anything*; it's congress that writes the tax code. Not just a different entity, a completely different branch of government. The IRS isn't some extra-legal entity that makes up their own rules to inflict on citizens and delights in making them difficult.
There are approximately 2600 pages of tax law. That generated over 70,000 pages of tax regulations - which the IRS essentially wrote themselves and enforce. To a large extent, they did make up their own rules.
Re:Yawn (Score:4, Informative)
I would settle for this Administration following the rule of law.
Ha! Laws are for peasants, not their rulers.
Re:Yawn (Score:3, Informative)
Or you can just rig the system, like Obama's advisers do, apparently.
All the President’s Muses: Obama and Prosecutorial Misconduct [observer.com]
Re:For fuck sake, the IRS isn't what you think it (Score:4, Informative)