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IRS the final arbiter

 
 
Post: # 233,608
View Profile au1929
 
Reply Sun 8 Jun, 2003 11:14 am
Ruling May Open Finance Loophole

By DAVID JOHNSTON

WASHINGTON, June 7 ; The Internal Revenue Service has restored the tax-exempt status of a charitable organization that helped pay for lectures by Newt Gingrich, the former House speaker, a step that some tax and election law experts say was highly unusual.
The I.R.S. reversal, according to these experts, opens a potentially large loophole in the new federal campaign-finance restrictions and allows more political activity by charitable groups.
The decision was sweet vindication to Howard H. Callaway Jr., 76, a prominent Georgia Republican who served in the House and was secretary of the Army under President Gerald R. Ford. Mr. Callaway, who counts among his longtime friends Defense Secretary Donald H. Rumsfeld and Vice President Dick Cheney, had battled the I.R.S. for nearly five years over the charity he had headed, the Abraham Lincoln Opportunity Foundation, now defunct.
The I.R.S. notified Mr. Callaway on April 4 that he had won his fight.


http://www.nytimes.com/2003/06/08/politics/08EXEM.html?th

I have often wondered how and who in the IRS make the decisions of what is allowable and what is not? What the law allows and what it does not ?
It seems that they are the judge and jury. Have you ever wondered?
 
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Reply Sun 8 Jun, 2003 11:35 am
au, Only congress and the tax courts are allowed to interpret the tax codes, and we all know the problems inherent in that! c.i.
0 Replies
 
Post: # 233,624
View Profile au1929
 
  1  
Reply Sun 8 Jun, 2003 11:38 am
c.i
Is that what really happens or do the courts only get involved if there is a challenge to an IRS ruling?
0 Replies
 
Post: # 233,652
View Profile roger
 
  1  
Reply Sun 8 Jun, 2003 12:39 pm
Well yeah, there has to be a challenge. Tax Court is not the only recourse. U.S. District and Appellate Courts can also hear tax cases. It's the taxpayers choice whether to use Tax Court or District Court; however, if money is in dispute (when isn't it?), the taxpayer must post the disputed amount before appearing un US District court. This is not true of tax courts.
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Reply Sun 8 Jun, 2003 12:44 pm
Always must be challenged, and "always" challenge. You can talke to ten different IRS agents, and they might all give you wrong info, but we're still responsible. c.i.
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