web analytics
August 23, 2014 / 27 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
News & Views
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



IRS Post-Scandal Court Appearance Reveals Effort to Run from Justice

Yesterday marked a new entry in an ongoing pattern of changing stories and defenses to prevent the light of day from exposing egregiously unconstitutional behavior by one of the most dreaded limbs of government: the Internal Revenue Service.

“It is no surprise that the IRS is desperately fighting to prevent anyone from learning exactly how the IRS decided to categorize organizations on the basis of their political, religious or other viewpoints, an issue from which the government entity has been reeling for weeks, and with good reason,” said Lori Lowenthal Marcus, president of Z STREET.

Represented by the Justice Department, the IRS filed a brief seeking to dismiss the lawsuit against it brought by Z STREET, a staunchly pro-Israel organization, which was filed in August, 2010.

That lawsuit was the first public utterance that the IRS was discriminating against certain organizations because of their viewpoints, rather than because of a failure to follow the required guidelines of eligibility.

In May, the admission – after years of denials – by the IRS itself that it had engaged in categorizing politically conservative groups for differing treatment touched off a flurry of congressional and media attention.  Most of the attention was focused on the treatment of “Tea Party” and other politically or socially conservative groups.

Z STREET brought its lawsuit nearly three years ago, after being told by the IRS agent to whom its file had been assigned that the IRS had to “give special scrutiny to organizations connected to Israel,” and that the files of some of those “organizations were sent to a special unit in Washington, D.C. to determine whether the activities of the organization contradicted the public policies of the administration.”  Such treatment by the IRS constitutes bald-faced viewpoint discrimination and is a violation of the U.S. Constitution.

The IRS has defended itself in the lawsuit on several different grounds, including the absurd notion that the government is immune from such a lawsuit. (In fact, of course the Bill of Rights — which begins with the First Amendment, securing the right to free speech — was created specifically to protect citizens from unconstitutional behavior by the government).

In particular, the government has repeatedly denounced Z STREET for failing to wait the requisite number of days before complaining and going to court for not receiving tax exempt status.  And as Z STREET explained in every single one of its own court filings, the lawsuit was not brought because it had not been given (or denied) tax exempt status within a particular time frame.  The lawsuit was brought because Z STREET believes, based upon what the IRS agent herself said, that the IRS engaged in unconstitutional viewpoint behavior.  There is no requirement to wait a set period of time before making such a claim.

However, in yesterday’s filing, the IRS claimed – for the first time, not surprisingly, as it completely contradicts every other court filing by the IRS in this case – that Z STREET’s lawsuit should be dismissed because it failed to make out the very claim the IRS had repeatedly insisted Z STREET was making – that it qualifies for, and should have already been given, tax exempt status.

It bears noting that yesterday another set of significant documents was released by the IRS, via the House Ways and Means Committee.  These, in an apparent attempt to prove that the IRS was not just engaging in viewpoint discrimination against politically conservative groups, showed that the IRS had created a category for review it labeled “progressive,” as if that made everything kosher.  But also included in the documents released was a category labeled “occupied territory advocacy.”  In other words, the IRS was indeed singling out applications for tax exempt status on the basis of a particular political viewpoint which is inconsistent with this administration’s.  And that is bald-faced viewpoint discrimination and is the basis for Z STREET’s lawsuit against the IRS.

The first hearing in Z STREET’s lawsuit against the IRS will be held on July 19 at 10:00 in Courtroom 17 before Judge Ketanji Brown Jackson, in the Federal District Court of the District of Columbia.

About the Author: JewishPress.com brings you the latest in Jewish news from around the world. Stay up to date by following up on Facebook and Twitter. Do you have something noteworthy to report? Submit your news story to us here.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “IRS Post-Scandal Court Appearance Reveals Effort to Run from Justice”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
4 yr old Israeli Daniel Tregerman, murdered by Hamas rocket on Aug. 22, 2014.
IDF: Israeli Toddler Murdered by Rocket Fired Near UNRWA School/Shelter
Latest News Stories
4 yr old Israeli Daniel Tregerman, murdered by Hamas rocket on Aug. 22, 2014.

Hamas murdered a 4 yr old Israeli boy with a rocket launched next to an UNRWA school/shelter for Gazan refugees.

Photo: Rotter.net / Tikonist

5:33pm Shabbat Shalom from Israel. It should be a peaceful Shabbat. 5:28pm Kerem Shalom 5:26 pm Kerem Shalom 5:22pm Nachal Oz 5:13pm Erez, Miflasim 5:13pm Gaza perimeter/Sderot, Erez, Miflasim 5:13pm Gaza perimeter/Sderot 5:02pm Erez, Miflasim 5:02pm Gaza perimeter/Sderot, Erez, Miflasim 5:02pm Gaza perimeter/Sderot 4:04 pm Sdot Negev, Shaar Negev 4:00 pm Sdot Negev, Shaar Negev […]

Living in Israel is an open ticket against intermarriage. Above: MK Tzipi Hotovely and Or Alon at their wedding last year.

If you are worried about your child marrying a non-Jew, and you should be, then move to Israel.

It is believed that this is a photo from the Friday afternoon execution outside a Gazan mosque.

Hamas publicly executed 21 people they accused of collaborating with Israel. Unlike ISIS, they didn’t behead them.

One woman fighter is enough to scare away 72 virgins.

Israel remains a lone outpost for those who know that talking to liars is not a diplomatic solution.

Obama, who is sure the “peace process” will make Hamas safe for democracy, now has crowned himself an expert on radical Islam.

There were soldiers inside the attacked Hebron building, but they managed to get out in time.

On Thursday, the Israel Air Force hit a motorcycle transporting 2 terrorists in Rafah.

Temple University’s SJP claims the pro-Israel Jewish student harassed and provoked them into assaulting him.

The White House has unblocked the weapons shipment to Israel that they had recently blocked.

10:58pm Negev 10:32 pm Eshkol 9:38 pm Ashdod, Ashkelon, Ashkelon Coast 8:47 pm Modiin-Maccabim-Reut, and area. Iron Dome Interception. 8:46 pm Beit El 20:00 pm  Iron Dome downs two rockets over Be’er Sheva; three others explode in open areas. 19:42 pm     Two warnings of rockets in Be’er Sheva, warnings of rockets Hatzerim , site […]

The IDF readies what it does not want unless there is no alternative – a deep ground invasion of Gaza. Hamas also is ready.

If “the only thing we have to fear is fear itself,” Diaspora Jews are in big trouble.

The security cabinet authorised Thursday the emergency call-up of 10,000 IDF reservists. Defense Minister Moshe Ya’alon said Israel would continue to pursue Hamas leaders anywhere and at any time, and added that the current campaign would “take time.” Ya’alon called on the Israeli public to display patience and strength while the army deals with the […]

More Articles from Jewish Press News Briefs
Photo: Rotter.net / Tikonist

5:33pm Shabbat Shalom from Israel. It should be a peaceful Shabbat. 5:28pm Kerem Shalom 5:26 pm Kerem Shalom 5:22pm Nachal Oz 5:13pm Erez, Miflasim 5:13pm Gaza perimeter/Sderot, Erez, Miflasim 5:13pm Gaza perimeter/Sderot 5:02pm Erez, Miflasim 5:02pm Gaza perimeter/Sderot, Erez, Miflasim 5:02pm Gaza perimeter/Sderot 4:04 pm Sdot Negev, Shaar Negev 4:00 pm Sdot Negev, Shaar Negev […]

On Thursday, the Israel Air Force hit a motorcycle transporting 2 terrorists in Rafah.

The White House has unblocked the weapons shipment to Israel that they had recently blocked.

10:58pm Negev 10:32 pm Eshkol 9:38 pm Ashdod, Ashkelon, Ashkelon Coast 8:47 pm Modiin-Maccabim-Reut, and area. Iron Dome Interception. 8:46 pm Beit El 20:00 pm  Iron Dome downs two rockets over Be’er Sheva; three others explode in open areas. 19:42 pm     Two warnings of rockets in Be’er Sheva, warnings of rockets Hatzerim , site […]

The security cabinet authorised Thursday the emergency call-up of 10,000 IDF reservists. Defense Minister Moshe Ya’alon said Israel would continue to pursue Hamas leaders anywhere and at any time, and added that the current campaign would “take time.” Ya’alon called on the Israeli public to display patience and strength while the army deals with the […]

Rabbi Yehuda Glick, a licensed tour guide and head of Haliba mvt for Jewish rights, has ‘sparked unrest’ by praying.

PA Arabs stoned an Egged bus near Halhoul, north of Hebron Wednesday. The attack took place near the site where the bodies of Eyal Yifrah, Gil-Ad Sha’ar and Naftali Fraenkel were discovered on June 30. No injuries or property damage were reported.

Three more terrorists killed in IAF air strike on Sheikh Radwan section of Gaza City Thursday.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/news/breaking-news/irs-post-scandal-court-appearance-reveals-effort-to-run-from-justice/2013/06/27/

Scan this QR code to visit this page online: