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After Non-Profit Application Furor, IRS Says It's Lost 2 Years Of Lerner's Email

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.

26 of 372 comments (clear)

  1. Re:Yawn by dale.furno · · Score: 5, Insightful

    As soon as the Obama administration lives up to their promise of being the most transparent administration in the history of the ministry of truth

  2. Very fishy by MrLogic17 · · Score: 5, Insightful

    I'd love to see what she would say to a taxpayer "losing" 2 years of receipts during an audit.

    I think that "my bad" wouldn't be enough.

    1. Re:Very fishy by DoofusOfDeath · · Score: 4, Insightful

      I'd love to see what she would say to a taxpayer "losing" 2 years of receipts during an audit.

      I think that "my bad" wouldn't be enough.

      Welcome to the realities of asymmetric power.

    2. Re:Very fishy by LynnwoodRooster · · 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...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  3. Re: Yawn by Anonymous Coward · · Score: 5, Insightful

    The messiah of transparency fails yet again. In the private sector, incompetency like this would be a career-killer. In government, though, it's business as usual.

  4. Oh Well There's Your Problem by Greyfox · · Score: 5, Interesting

    Oh her computer crashed did it? Did you try looking on the server where you keep the mail, and not on her computer?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Oh Well There's Your Problem by DigiShaman · · Score: 4, Insightful

      I think it's POP3 for a very convenient reason.

      "Oops, lost my shit...oh well" Yeah, real fucking convenient.

      --
      Life is not for the lazy.
    2. Re:Oh Well There's Your Problem by amiga3D · · Score: 4, Funny

      I'd bet the NSA has all of them. They collect everyone's.

    3. Re:Oh Well There's Your Problem by perpenso · · Score: 4, Insightful

      Its not that hard to recover data from a crashed drive most of the time.

      Assuming you actually want to recover it. The crash seem to occur about the same time the controversial policy was coming to light and the emails might be considered incriminating. Just a coincidence I'm sure.

  5. Everyone's Personal Email Server by reynols · · Score: 4, Funny

    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.

    Wow! I didn't know the IRS had personal email servers on every individuals personal computer, where all copies of a persons email sent and retrieved is kept and deleted from everywhere else.

    The rest of us just use shared central email servers where multiple copies of everyone's email is kept, backed up daily. Boy, are we out of touch with reality!

    1. Re:Everyone's Personal Email Server by Tailhook · · 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.

      --
      Maw! Fire up the karma burner!
  6. Re: Yawn by Onuma · · Score: 4, Insightful

    Incorrect. This is how they promote people.

    --
    What else can happen when an unstoppable force collides with an immovable object?
  7. The corruption is amazing by SocietyoftheFist · · Score: 4, Insightful

    Everybody should be depressed and angry but they are complacent. New chief executive, same ole shit. Corruption and lies.

  8. This worked for the NSA by Required+Snark · · Score: 4, Insightful
    Snowden said he sent emails to the appropriate internal authorities before he went rogue, and the NSA said they couldn't find them. Everyone in the political establishment believed the NSA version. Now the IRS says that they can't find emails because of a technical problem, and no one believes them.

    The NSA are professional liars. They've been caught lying about a huge number of things: spying on friendly foreign leaders, mass phone surveillance on everyone in the USA, modifying routers before they are shipped overseas, etc.

    Double standard much? Who is more likely to be lying: the NSA or the IRS? Everyone in Washington are going after the IRS. Committees are meeting, IRA officials are testifying under oath, criminal investigations have been started. Higher ups at the IRA are going to be forced out, and there will be criminal charges. The same thing is also going to occur with the Veteran's Administration scandal.

    Meanwhile over at the NSA, the sound of crickets. They claim that their own secret investigations have found they did everything right. Somehow this seems good enough. No one has been called to task. Even the people responsible for letting Snowden get access to all that information seem to be off the hook.

    As bad as the IRS and VA situations are, they pale in comparison to the NSA situation and yet nothing has happened as a result. It's business as usual. The NSA is completely unaccountable to anybody for anything, and when they do screw up nothing happens to any insiders. This is guaranteed to result in a culture of incompetence. We are in big trouble.

    --
    Why is Snark Required?
    1. Re:This worked for the NSA by Krishnoid · · Score: 4, Insightful

      Everyone in the political establishment believed the NSA version. Now the IRS says that they can't find emails because of a technical problem, and no one believes them.

      Because the NSA watches over us to protect our freedoms, and they're the good guys. The IRS takes away our money, so they're the bad guys. See? Not that difficult to understand.

  9. Re:Because IRS has never heard of exchange servers by ganjadude · · Score: 4, Insightful

    Bullshit, its all irrelevant to the issue at hand. The irs specifically targeted groups they didnt like and asked them to jump through hoops.which were highly illegal. For example you cant ask them for their member list, or if they are religious, all things asked. If they did the same thing to socialsts communists black panthers gay groups women groups or the kkk, id still feel the same, this shouldnt be partisain, unless you beleive it was ok and that makes it ok when the other side has the whitehouse...remember that

    --
    have you seen my sig? there are many others like it but none that are the same
  10. Obama trumps Nixon! by Vinegar+Joe · · Score: 4, Insightful

    Two years of emails?!? Nixon only lost 18 1/2 minutes of the Watergate Tapes and he had to resign.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  11. Re:Yawn by sumdumass · · Score: 5, Insightful

    There seems to be a cabal of people who will spend all their mod points modding everything on your posting history down if they find you posted something they find particularly offensive. This causes a lot of people to post controversial stufff as AC.

    There are also groups of people like groupies who follow topics in order to impress a particular viewpoint that seems to match their worldview. Both seem to be problems on Slashdot in the last couple of years.

    You will find that with the retaliation that seems to be going on in today's environment, people just don't want their online persona associated with something controversial. There is the mass down modding to ruin your karma and restrict your posting abilities but also take Mozilla for instance. They canned a new CEO (who had been working for them in other offices since their inception) for something he did 8 years ago that had the majority support of his community at the time. What will you be driven away from or refused or jailed or whatever retaliation that happens in 8 years over a comment you made today or yesterday?

  12. NSA should have a copy somewhere in Utah by JonathanR · · Score: 4, Insightful

    Amazing how ineffective these intelligence agencies are when the issue in question goes against the absolute power agenda...

  13. Re:Yawn by rickb928 · · Score: 5, Insightful

    I would settle for this Administration following the rule of law.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  14. It is becoming a pattern, isn't it ? by Anonymous Coward · · Score: 5, Interesting

    First they lied to the congress

    Then the US Marshals seizing police Stingray records to keep them out of the ACLU

    Now IRS is lying about a certain computer crash in justifying their refusal of disclosing tghe email records of a key IRS employee who was in charge of harassing groups which were affiliated with the so-called "TEA party"

    The Obama administration simply does *NOT* respect the rule of law anymore !

    1. Re:It is becoming a pattern, isn't it ? by MaskedSlacker · · Score: 4, Insightful

      I think we need an addendum to Godwin's law: Anyone who responds to criticism of a sitting US president by raising the ghost of a prior one automatically loses the argument.

  15. Re:Because IRS has never heard of exchange servers by Anonymous Coward · · 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

    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?

  16. Only emails outside of IRS lost ... by perpenso · · Score: 4, Insightful

    I'd love to see what she would say to a taxpayer "losing" 2 years of receipts during an audit.

    Its better than that. Imagine if you only lost the receipts that were of interest to the IRS, that you still have many receipts that they are not interested in.

    From the article:
    "Camp's office said the missing emails are mainly ones to and from people outside the IRS, "such as the White House, Treasury, Department of Justice, FEC, or Democrat offices.""

    Can we just have a flat tax (that phases in at the poverty line, not literally flat) and no deductions? Then the IRS can be scaled down to a small fraction of its current size and have very little power, no deduction no power to interpret things. As an added bonus it removes a major source of political corruption, the creating of those deductions for influential constituents.

  17. Re:Yawn by Artifakt · · Score: 5, Insightful

    There's this principle, as part of the RICO act, that says creating a lot of shell corporations, where money moves around between companies in a very complicated way and it's very hard to track it, is one of the signs of an organized crime operation. Parts of the RICO law are written to deal with this specific method. For ciriminals to use this method, they have to build enough shell corps to make tracking the money very hard - a few won't do it, twenty or 50 or 119 is better. The Idea is that the more levels of shells there are, the more time the organization has to delay a criminal investigation, as the investigators have to keep going back to a judge and getting more warrents for new records. If they don't find anything the first few times, the judge is likely to stop giving them more warrents, plus there's more time to move money into places such as offshore accounts, or for the top dogs to skip the country if they must.
              There weren't a whole bunch of new PACs and such made by the Democrats in that election cycle, but because of the very nature of the Tea Party movement, we saw a lot of Tea party this and Tea Party that, over a hundred new non-profits for states, groups of states, and particular parts of the movement. In many cases, some of the Tea party organizers put their names on multiple applications in different positions, which is another sign of potential shell corporations. That's another possible red flag under RICO, seeing the same person's name for different positions in different corporations which are being formed in multiple states, as is seeing organizations incorporated in odd states (i.e.a company doing businesss only in Arkansas, but incorporating in Florida). (Delaware is somewhat of an exception to this, as their laws make it popular for many businesses to incorporate there, but I don't think there are any real advantages to incorporating in Delaware for non-profits).
              The IRS has also long had a position that even if something is technically legal to do as the law is written, it can still be illlegal if the primary purpose of doing it appears to be not to achieve whatever goal the law endorses, but to evade taxes. That means they could have approached this as a case where some of these new organizations might not qualify as their particular type of non-profit, AND might have made a profit AND had the intent to avoid paying the taxes that would entail. Technically, if somebody screws up and didn't stay within the non-profit rules, the IRS next looks to see if they made money, and if they did, for the third step the IRS gets to assume that the mistake in claiming non-profit status isn't an innocent mistake, but a deliberate way to evade taxes on that money. If you think about it, this makes a certain amount of sense - as the plaintiff at that point is often arguing that they accidentally made a profit without trying to, and they just coincidentally filed as a non-profit by innocent mistake. The press has tended to treat this as though the new non-profits could be set up wrong quite innocently, and have made a profit under law, but not done anything really wrong unless the IRS could prove some sort of intent, but the law normally assumes people don't make profits accidentally, and don't just happen to get the paperwork wrong coincidentally.

    --
    Who is John Cabal?
  18. Re:Yawn by ScentCone · · Score: 4, Insightful

    The only group that was actually denied was a "liberal" group

    The whole point of the scandal (about which you are clearly uninformed, or about which you are being deliberately disingenuous and deceptive) is that the IRS put applying conservative groups through the ringer specifically to delay their activities through then-upcoming election cycle. They dragged out conservative-sounding applications for months or years through an intimidating, recurring process of illegally asking for information like personal information about group members' lifestyles, the books they read, their personal religious musings, and other complete BS. It wasn't about approving or denying the groups' non-profit status, it was about keeping them in limbo while more quickly approving groups that were more likely to back the administration before the election.

    You really think the word scandal needs quotes around it, because none of that was real or mattered? Or are you dismissive of that illegal treatment because you, like the administration, just don't happen to like the thinking of the fellow citizens that were abused in that way?

    --
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