The burgeoning “scandal” over how the IRS chose for review 75 applicants for tax-exempt status puts on full display an unfortunate tendency in journalism—to quote people accurately without explaining the underlying context. Yes, it is as wrong for IRS employees to select groups to scrutinize based on their names as it is for police to stop and frisk young people based on the color of their skin. Still, the facts here are not so black-and-white as with racial profiling.
There is a scandal in all of this—several, actually, and some are more significant than the one that is getting all the attention. As the story unfolds, here are some important points to keep in mind:
• Missing from much coverage is the relevant recent history—the role of the Supreme Court’s 2010 Citizens United decision and how it prompted a deluge of requests from new organizations seeking tax-exempt status under tax code Section 501(c)(4) as “social welfare” organizations—despite the fact that many of these are blatantly political operations.
• Congress requires the IRS to review every application for tax-exempt status to weed out organizations that are partisan, political, or that generate private gain. Congress has imposed this requirement on the IRS, and its predecessor agencies, since 1913.
• When it comes to 501(c)(4) organizations, what the IRS is supposed to do is draw a distinction between groups that are “primarily engaged” in politics and groups that really are primarily engaged in “social welfare”—somehow “promoting the common good and social welfare of the community.” It’s kind of mushy. Brad Plumer has a good explainer about this on The Washington Post’s Wonkblog.
• The first scandal here, meanwhile, is that the social welfare tax exemption is being used by existing 501(c)(4) organizations, including some very large ones, to promote partisan political interests—the very activity Congress has explicitly prohibited for a century. The New York Times, after a weak political piece on Saturday, had a clear and useful explainer about this on Tuesday.
• Also worth pointing out: None of the organizations that the IRS scrutinized as a result of the ill-considered screening-by-name regime was denied tax exempt status.
• The second—and widely ignored—scandal in this unfolding story is that the IRS is drowning. Congress is demanding that the agency do more and more with less and less, as we have reported here and elsewhere. As David Levinthal reported Tuesday at the Center for Public Integrity:
The IRS’ Exempt Organizations Division, which finds itself at the scandal’s epicenter, processed significantly more tax exemption applications in fiscal year 2012 by so-called 501(c)(4) “social welfare” organizations — 2,774 — than it has since at least the late 1990s.
That compares to 1,777 applications in 2011 and 1,741 in 2010, he reported.
Meanwhile, in real terms the IRS budget has been cut 17 percent per capita since 2002, even as Congress has piled on other new duties, such as hunting for offshore accounts, dealing with the complexities of the Affordable Care Act, and other expanded obligations.
To hear the IRS’s bureaucrats tell it, it is this combination of a flood of new work and the challenge of reduced manpower that prompted what an inspector general’s draft report on this problem—a full report is due soon, possibly today—calls “triage” of requests for tax-exempt status. The IRS set aside about 300 applications for a closer look, 75 of which had in their name or explanatory papers, words like Tea Party, patriot, Constitutional education, and similar terms. The Washington Post’s Juliet Eilperin has a good account of how it worked.
Speaking to reporters last Friday, Lois Lerner, IRS exempt organizations director, described the wrongful actions of her Cincinnati subordinates—Cincinnati is where 501(c)(4) applications go—as “short cuts” designed to make their work easier, rather than politically motivated. We’ll see, as the investigations unfold.
Meanwhile, maybe reporters could investigate this: Karl Rove, the Republican strategist, initiated the use of the tax exemption for 501(c)(4) social welfare organizations to promote candidates and causes when he formed American Crossroads in 2010. He in turn inspired a Democratic operative—Bill Burton, former deputy press secretary to President Obama—to do the same, starting Priorities USA in 2011.

So the “scandal” here is not so much that the IRS, lacking manpower and resources, singled out tea party groups for an unreasonable amount of scrutiny or that they disclosed confidential tax filing information to friendly media sources like Propublica, or that there was a wide level of coordination in its effort (despite claims that it was all the Cincinnati IRS office) … no, the “real” scandal is Karl Rove.
Its certainly not the first time the IRS has been used to pursue political opponents of the administration but since its not a liberal's ox getting gored, I suppose Johnston has no problem with tactics like this.
Absolutely pathetic.
#1 Posted by Mike H, CJR on Wed 15 May 2013 at 09:59 AM
If the IRS gave a different level of scrutinty to one social welfare organzation than another based on ideology then most Americans would think it's a problem. When the progressives think that using the IRS to accomplish their political ends is just hunky-dory because they disagree with the Supreme Court most Americans think that is a problem.
Are you really going to arugue that the IRS should not have gotten far more efficient since 2002 in per capita terms? Everyone else who processes paper has. Are you really going to suggest that targeting groups based solely on their ideology is ok because the IRS could use more money?
#2 Posted by Peaches, CJR on Wed 15 May 2013 at 10:40 AM
"Its certainly not the first time the IRS has been used to pursue political opponents of the administration but since its not a liberal's ox getting gored, I suppose Johnston has no problem with tactics like this."
No, it ain't the first time the IRS has been used to pursue opponents of an administration:
http://www.salon.com/2013/05/14/when_the_irs_targeted_liberals/
And while this administration screened a few applications, at least it didn't sick the justice department and it spy apparatus on you like others:
http://www.salon.com/2013/04/03/dhs_had_policy_of_daily_spying_on_activists/
No scandals then.
So cry me a river, righties. When you've endured half the bipartisan harrassment and overreach than the left gets regularly, I'll weep for you. When you stand up against politically motivated persecution, instead of inciting it, I'll clap and say "Hear, hear." when you pontificate. When the politically motivated closing of women's health clinics through politically motivated regulation and inspection rises to the level of national disgrace, I'll hear you out about how hard the IRS made your life by making you fill out some more forms and asking a few questions.
How many questions has the GOP asked the new EPA appointee? Over a f@cking thousand you say?
Stop your sanctimoanious whining, puh-lease.
#3 Posted by Thimbles, CJR on Wed 15 May 2013 at 10:50 AM
Charley Pierce takes time to remind us what's really going on here. We have a media system which is very selective about what constitutes a scandal during a particular presidency. It finds for some reason that republican presidencies need to be protected, that the public isn't interested in scandal because -under republicans- they get scandal fatigue.
http://www.esquire.com/_mobile/blogs/politics/media-coverage-of-benghazi-and-irs-scandals-051313
" In 2004, the NAACP actually got audited in the wake of its having been critical of the then-reigning Avignon Presidency. Remember how that dominated the Sunday Showz for months and led to endless hearings in both houses of Congress?
Yeah, me neither. Somebody — or a group of somebodies — decided that the "political circus" would not open on that issue. I'm old enough to remember when preserving Ronald Reagan's presidency was more important to democracy than pursuing to its end the investigation into a harebrained scheme to sell missiles to the mullahs. Somebody — or a group of somebodies — decided that the "political circus" would have to end before that happened. Self-government is about deliberate acts, or deliberate decisions not to act. The role of a press in the process o self-government is very much the same. Nobody is a feather in the wind."
http://www.esquire.com/_mobile/blogs/politics/The_Circus_Begins_To_Bother_People
"However, I was also alive in the years between 1980 and 1988, when the courtier press gave good ol' Ronnie a pass on a whole number of actual scandals, including the granddaddy of them all, the crimes of Iran-Contra, in which members of Congress and members of the courtier press not only didn't use the word "impeachment" lightly, they actively ran away from it...
That was the context within which I watched with some hilarity as the press pursued with comical vigor the various nothingburgers of the Clinton Era. (Remember Castle Grande? You don't? What's wrong with you, anyway?) And those nothingburgers supply the context within which I am watching with amused trepidation as the circus once again sets up its tents on Capitol Hill."
#4 Posted by Thimbles, CJR on Wed 15 May 2013 at 11:13 AM
Actually Mike H, unless he's changed from what he stated in a BookTV interview, Johnston is actually a moderate Republican and isn't a partisan with an ax to grind. And no, he didn't say that the "real" scandal was Karl Rove, notice, he pointed to both sides.
#5 Posted by Anthony, CJR on Wed 15 May 2013 at 11:22 AM
Things got crazy in 2010, but Rove did not invent the (c)4-political slush fund. That honor may belong to Jeb Bush, whose Foundation for Florida's Future operated as his shadow campaign for Florida governor after his loss in his initial (1994?) run for that office. FFF then hired most of his campaign staff and began soliciting donations from the state's biggest players, who gave in $20k, $40k, and $60k chunks.
#6 Posted by Edward Ericson Jr., CJR on Wed 15 May 2013 at 12:52 PM
Stop your sanctimoanious whining, puh-lease.
Do you ever have an original thought, or can you only reply by channeling some chattering class pundit's hand up your rear to make your mouth move?
#7 Posted by Mike H, CJR on Wed 15 May 2013 at 04:04 PM
The public does not understand the effect of "fewer resources" on an income generating agency. I worked for the Service for 30 years. I understood the workings of an industry inside-out by the time I retired. The tax strategies were incredibly complex. If more people like me retired, the newest agents have to start the learning curve all over again. "Bodies" are not interchangeable. A lack of resources includes the significant brain drain over the last couple of years. Before I retired, I did the work of 4 people for the price of 1. I stopped when it became 5. The only winners in the budget cuts plus additional responsibilities are the largest corporations, domestic and foreign.
#8 Posted by Retired Agent, CJR on Wed 15 May 2013 at 05:57 PM
When Obama was doing this, he was thinking, he, the Republicans aren't going to exaggerate this.
#9 Posted by OH, CJR on Wed 15 May 2013 at 06:52 PM
"Do you ever have an original thought, or can you only reply by channeling some chattering class pundit's hand up your rear to make your mouth move?"
The chattering pundits are busy pretending this is a big, unprecedented in recent history, deal. Sooo yeah. Not exactly toeing the pundit line, if that's what you meant.
But whatever. Better to be accused of having a hand up my rear in my case than to be found with a head up your rear in yours.
#10 Posted by Thimbles, CJR on Thu 16 May 2013 at 02:34 AM
Sounds to me like the CJR is just engaging in its typical politicking...criticizing the Citizens United decision, describing perceived underfunding at the IRS as a scandal, downplaying the actual scandal impacting its political allies.
Yet CJR is one of the propaganda arms of The Trustees of Columbia University in the City of New York - a 501(c)(3) organization that is strictly prohibited from politicking. Where's the REAL scandal? That these outrageously wealthy institutions cry foul about anyone else trying to escape the IRS hangman's noose while they stuff their pockets with tax-dodging "charitable" contributions to support their own political ends. Physician, heal thyself.
#11 Posted by Skeptical, CJR on Thu 16 May 2013 at 08:47 AM
OK. Let me refer back to my Journolism 101 class basics to summarize:
1. Opening sentence contains the premise-
"unfortunate tendency to fail to explain context"
2. Closing sentence to summarize with key point -
"Karl Rove started it."
Really, CJR?
I got this two days ago at TPM. No wonder your credibility, and that of Journolistas in general, is circling the drain with readers of all kinds.
#12 Posted by RLC, CJR on Thu 16 May 2013 at 09:05 AM
Another thing that never gets mentioned is what the tax exempt status actually does for the organizations that were being evaluated. Even if the evaluation had resulted in the organizations not being approved as 501c4 they could easily have qualified as 527 (PACs). The only difference is they would have had to disclose donor lists and file periodic reports of contributions and expenditures.
The whole investigation was not over tax exempt status, it was over the whether donations and expenditures should be public knowledge or not.
#13 Posted by cliff, CJR on Thu 16 May 2013 at 09:07 AM
The IRS even audited conservative/outlaw author E.A. Blayre III who wrote the banned book "America Deceived II" by a real outlaw author.
Last link of "America Deceived II" before it is completely censored:
http://www.amazon.com/America-Deceived-II-Possession-interrogation/dp/1450257437
#14 Posted by Jeffrey, CJR on Thu 16 May 2013 at 11:31 AM
"Exclusively" doesn't mean "primarily" as originally stated in the bill and shouldn't have been interpreted that way since 1959. Lawrence O'Donnell has been saying this for a while. About time everyone else got up to speed, don't you think?
#15 Posted by igitur p j , CJR on Thu 16 May 2013 at 12:31 PM
LOL @ Jeffrey
Yeah, that book is soooooooooo banned, it's available on Amazon. LMAO!
#16 Posted by Dizzle, CJR on Thu 16 May 2013 at 12:33 PM
@ RLC: I believe the words you are looking for are "journalism" and "journalists." I wonder about your" journalistic ethos" as well, being that you cannot even spell it.
#17 Posted by CLR, CJR on Thu 16 May 2013 at 02:44 PM
@CLR: he is referring to Ezra Klein's JournoList, which was how the presstitutes coordinated their Obama fellatio before its existence was discovered. The spelling is proper, and the Obama toadies who subscribed to it are commonly known as JournoListas, seeing as how most of them are to the left of the Sandinistas.
If you are going to sneer at another's supposed lack of education, it helps if you are not the most ignorant person in the room.
#18 Posted by John Skookum, CJR on Thu 16 May 2013 at 05:30 PM
IRS - asked to do more with less? Then isn't it time to trash the tax code and get a flat tax? Study after study show the lost productivity from the tax monstrosity. This whole conversation wouldn't even take place in a sane world.
#19 Posted by Jim M, CJR on Thu 16 May 2013 at 05:32 PM
I want to know what procedures within the IRS were NOT followed. Then I want to see the records that prove the procedures were NOT followed. Then I will make a judgement about whether or not someone was or was not doing their job as required. I am tired of listening to everyone make judgements about the IRS when they do not yet know the facts about what happened.
#20 Posted by JohnP, CJR on Thu 16 May 2013 at 11:18 PM
The challenge for the news media in covering an issue like this, which they have mostly failed so far, is to present the allegations of what the IRS did wrong while providing full context of the problem of political organizations seeking tax exemption. Jonathan Weissman of the NY Times did a couple of fairly weak and non-contextual political pieces over the past week touting this as a big and growing scandal. He rightly points out that a year ago he did a good piece about how the IRS faced a dilemma because it was under proper political pressure to scrutinize these organizations and weed out the partisan political groups. But that was more than a year ago. Reporters and editors have to remember that readers may not have seen or remember the story a year ago or even a day ago. I really question the media jumping all over this as a big "scandal." I think they're terrified of being accused of leftist bias if they don't.
#21 Posted by Harris Meyer, CJR on Fri 17 May 2013 at 02:35 AM
The reality is that 501(c)3s are exploited as mercilessly for political purposes, and equally without IRS intervention, as are 501(c)4s.
This because the power of large law firms and other corporate lobbyists to reach into the IRS is virtually untrammeled. The advisory committees that talk firsthand to IRS executives are likewise populated by agents of the top 1%. Staff has to be especially bold to go up against this array of corporate power.
I now have a pro-se (self-represented) case in the US Tax Court -- an untested venue for this type of case, but a good one -- where I hope to make new law regarding this very issues raised in this article. For information on the case, see http://prlog.org/12138395/, from May 15 or contact me via bluefire@well.com/.
#22 Posted by Robert Jacobson, CJR on Fri 17 May 2013 at 07:37 AM
PS I was distressed that Obama jumped at the Tea Party issue when neither he nor his Treasury Secretaries would deal with other IRS issues more profound, where the abusers were on the right. But no longer surprised. It has become his typical pattern, to slouch under his desk when progressives come to call, but to sit up and listen when it's the extreme right. The IRS is just another stage for acting out this repeating tragedy of the neglected child looking for his stern dad. Someone should take Obama aside and advise him to get counseling and get over his longing, so that his second term isn't as failed as his first. We all depend on our President being fully functional. Our kids' future depends on it. It's not trivial.
#23 Posted by Robert Jacobson, CJR on Fri 17 May 2013 at 07:45 AM
So lets get this straight...according to the CJR, the journalist's job is not to report the facts but to provide a context of each story according to the perspective of the journalist?
When the Japanese bombed Pearl Harbor, clearly the media failed to properly explain to the US public the Japanese lingering resentment over US occupation in the Pacific after the Spanish-American War, the implications of ongoing trade embargoes in Indochina, the economic influence on Japanese foreign policy of the Manchurian Invasion, the rising tide of nationalist sentiment and Meiji Reformation values as well as the political infighting between Admiral Yamamoto, his rivals and the Emperor Hirohito.
That was the real story on December 7, 1941.
#24 Posted by LOL, CJR on Fri 17 May 2013 at 12:01 PM
I think its scary that the Tea Party has so much political clout that they can manage to utilize Congress in what was probably a carefully planned and orchestrated attack on their avowed arch enemy, the IRS. What's even scarier is that both the acting Commissioner and President Obama just rolled over and played into their hands. So the IRS gave careful scrutiny to assessing whether such organizations are really public service organizations or political organizations. So what! Isn't that their job when it's so obvious that the organizations are so deeply engaged in politics? Does even the IRS have to act like they can see the emperor's new clothes when it's obvious he's naked?
If the IRS has been unbalanced in pursuing due diligence with conservative groups more than with liberal groups, shouldn't the solution be to apply the same rigorous standards to liberal groups also? It seems that the IRS should be encouraged here by Congress to pursue the same type of in depth questioning of these new semi-political groups, but to be more even handed when they do it. But the intention of Congress really seems to be to emasculate the power of the IRS to investigate the political activities of these kind of 501(c)(4) organizations. Of course it is not coincidental that it is politicians of both parties which are the main beneficiary of having organizations whose main aim is to help get them elected classed by the IRS as "public service" organizations.
In addition, no one is discussing the problem of the close affinity between the Tea Party (and similar organizations) and organized groups of tax evaders - I mean those groups that refuse to file tax returns such as the Sovereign Citizens groups and the groups saying income taxes are illegal because the amendment allowing them wasn't properly ratified. Some of these groups are very violent and dangerous as well as being engaged in breaking the tax law in an organized way. Doesn't the IRS have the serious responsibility of making sure there is no connection there by looking at membership and donor lists and seeing if there is an internet connection between the two?
As for whether the IRS is underfunded, I can only say this: Tax return "misstatements" are now costing the country about one half trillion dollars per year. There is a pressing need for a balanced budget. Every $1 invested in IRS enforcement activities returns $10 to the treasury. You do the math.
#25 Posted by Heather Hall, CJR on Fri 17 May 2013 at 01:21 PM
The real IRS controversy is not that small groups that appear to have an obvious electoral motive and applied for tax-exempt status were targeted for additional scrutiny, but that millionaire and billionaire funded groups with obvious electoral motives, empowered by the Citizens United decision; 85% of which are "conservative" organizations, like Karl Rove's Crossroads GPS group, the Koch brothers backed Americans for Prosperity and Grover Norquist’s Americans for Tax Reform; that don’t have to disclose their donors, unleashed a flood of secret spending in US elections that the IRS, the Federal Election Commission and other regulatory agencies in Washington, have been unable or unwilling to stem, totaling more than $250 million during the last election.
#26 Posted by Blue Wolf Bosh, CJR on Sat 18 May 2013 at 02:07 AM
That the IRS even exists is still the greatest IRS scandal of all.
#27 Posted by Dan A., CJR on Sun 19 May 2013 at 03:40 PM
David, you may be right on this. What gets me is that after presenting you with hundreds of pages of documentation including internal IRS memos you ignored investigating the more than one billions dollars owed. The IRS did collect less than a million but the amazing part is that the tax not being paid is still not being paid!
There is not such person as an investigative reporter anymore.
#28 Posted by McLarenF1, CJR on Tue 28 May 2013 at 01:09 PM