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Victory For Taxpayer Confidentiality

A court ruling on Friday was a victory for those seeking information requests to the White House. A group called “Cause of Action” sued the IRS in 2013 trying to ascertain if the White House ever requested private taxpayer information, especially in light of the IRS scandal.

The requests, however, were declined by the IRS, who cited section 6103 of the tax code, which is the section governing taxpayer confidentiality laws. They argued that “the existence of those requests would be protected by confidentiality laws and couldn’t be released, so there was no reason to make the search.”

The judge however, Amy Berman Jackson, disagreed with their response, noting that “the agency couldn’t use the privacy protection ‘to shield the very misconduct it was enacted to prohibit.’” The IRS was subsequently ordered to turn over any and all recorded requests from the White House seeking taxpayer information. In December 2014, TIGTA acknowledged the existence of about 2500 documents that fit the FOIA request, from “Cause of Action”, asking for communication between the IRS and the White House. It will be interesting to see what these documents reveal.

There’s already been some hints at confidentiality impropriety. Remember that in August 2010, Austan Goolsbee spoke about the Koch Brothers’ tax structure in an anecdote to attack businesses and openly discussed tax information about their business structure that was not publicly available. Additionally, in October 2010, the agency sent a database on 501(c)(4) social-welfare groups containing confidential taxpayer information to the Federal Bureau of Investigation, according to documents obtained by a House panel.

It wouldn’t be a stretch, therefore, to imagine that the White House, the “most transparent administration ever”, also requested or received confidential taxpayer information in collusion with the IRS.

IRS-White House Doc Link, Part II: Feds Site Privacy Laws Prohibiting Release


Last week, TIGTA revealed the existence of around 2500 documents “relating to investigations of the improper disclosure of confidential taxpayer information by the IRS to the White House.” December 1st was the deadline for the Department of Justice’s tax department to turn over those documents, as ordered by a judge. You can read more of that background story here.

The group involved in the FOIA request for documents is called “Cause of Action”, and they consider themselves a government watchdog of sorts. In an email last week from TIGTA on the matter, the department asked for more time (from Dec 1 to Dec 15) to go through the remaining 500 of the 2500 documents to determine if they were pertinent. This acknowledgment of the documents seemed promising that TIGTA would be forthcoming on the matter, as they have been pretty above board during the IRS Scandal in general.

However, yesterday TIGTA appeared to retreat from its openness by withholding the bulk of the documents. A letter from TIGTA counsel to the group noted that there were 2,509 pages of documents “potentially responsive to your request”, and of those, 2,043 were in fact responsive. However, TIGTA cited tax code and privacy as the reason not to disclose those documents, saying “All of the 2,043 pages of documents we have determined to be responsive were collected by the Secretary of the Treasury with respect to the determination of possible liability under Title 26 of the United States Code. These pages consist of return information protected by 26 U.S.C. § 6103 and may not be disclosed absent an express statutory exception.”

The group will receive 466 documents on December 15 that apparently aren’t protected information. However, the sheer number of documents being withheld, which are acknowledged to a) be correspondence between the White House and IRS, and b) to contain protected “return information” reveal a stunning breach of propriety. The letter also contained a fairly lame notation that “Treasury Secretary Jack Lew is now looking into ‘potential liability’ that his tax aides broke laws in sharing taxpayer information with the White House.”

Forbes raised some interesting points on the matter: “A key question is whether any officials at the White House have ever asked anyone over at the IRS to transmit private taxpayer information to the White House in violation of law. Another question, regardless of whether the White House asked for any taxpayer information, is whether the IRS ever transmitted any.”

So is there a pattern of targeting from the White House? And will the hard drive containing the withheld documents suddenly crash?

Forbes sullenly concluded that “the data may seem unimportant, and hopefully it will turn out to be. Still, the privacy protections for taxpayer data held by the IRS are among the most sensitive parts of the tax law. That makes any alleged transgressions of these rules serious. It makes this topic arguably the worst part of the IRS scandal so far.”

Indeed. 2000+ documents linking the IRS and the White House, yet unavailable for review. Is there still “no smidgen of corruption”?

Insults, Not Information


Jay Carney, the White House Press Secretary, resorted to insults instead of information today, when asked about Paul Ryan’s new budget proposal. The Washington Examiner reports,

Carney concluded that “the budget proposed by Chairman Ryan and supported overwhelmingly already by Republicans suggests that those problems” — aggressive ignorance and diminished comprehension — “exist in the minds of the supporters of that plan.”

Instead of offering ideas and counter-points to Ryan’s proposal, we get name calling from the White House. Is it any wonder that we are now 1057 days without a budget?

The Hill has a little more coverage on the briefing as well 

White House: High Gas Prices are a Good Thing


Today, just like he stated in 2008, Energy Secretary Chu 

 admitted to a House committee that the administration is not interested in lowering gas prices.

Chu, along with the Obama administration, regards the spike in gas prices as a feature rather than a bug. High gas prices provide an incentive for alternate energy technology, a priority for the White House, and a decrease in reliance on oil for energy.

David Harsayni wrote about this very conundrum five days ago. Now we better understand why Obama nixed the Keystone Pipeline project. As I mentioned earlier, a project of this magnitude moving forward has an immediate effect on the markets by changing the traders’ expectations of future supply.  Having more oil available in the marketplace contributes to lower prices for consumers. So when the project was tabled, the markets reacted accordingly.

I guess the White House knows what’s best for us better than we do.