excalibur
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- Mar 19, 2015
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Sometimes it just takes longer to catch thieves.
Just a few weeks after Special Counsel John Durham revealed significant failures to investigate allegations against Hillary Clinton’s family charity, a U.S. Tax Court judge has once again breathed new life into a years-long whistleblower case alleging IRS improprieties involving the controversial Clinton Foundation.
U.S. Tax Court Judge David Gustafson has already once before denied an IRS request to dismiss the whistleblower case, first brought in 2017. And three years ago, he ordered the tax agency to reveal whether it criminally investigated the foundation, citing a mysterious "gap" in its records.
The IRS filed a new motion to dismiss, and all parties filed arguments over the last year. But on Monday, Gustafson postponed ruling on those motions, instead asking for new arguments in light of three recent precedent-setting court rulings, once again frustrating IRS efforts to make the case go away.
The three recent rulings in other tax cases "may affect the parties’ positions as to the pending motions," Gustafson wrote. "We will order further filings so that the parties may address those recent opinions."
File
ClintonFoundationMay302023Ruling.pdf
The judge gave whistleblowers John Moynihan, a former federal agent, and Larry Doyle, a corporate tax compliance expert, until June 30 to update their arguments and the IRS until July 28 to respond. That means the case will almost certainly stretch on for many more months.
The judge also noted the IRS hasn’t responded to a request to update the court record with new evidence.
Monday’s ruling adds new intrigue in a case that first surfaced nearly five years ago when Doyle and Moynihan, two respected forensic financial investigators, revealed the existence of their 2017 IRS whistleblower complaint against the foundation during a congressional hearing.
Moynihan and Doyle testified to a House committee in December 2018 that they believed the foundation wrongly operated as a foreign lobbyist by accepting overseas donations, then trying to influence U.S. policy.
The foundation "began acting as an agent of foreign governments early in its life and throughout its existence," Moynihan testified at the time. "As such, the foundation should've registered under FARA (Foreign Agents Registration Act). Ultimately, the foundation and its auditors conceded in formal submissions that it did operate as a (foreign) agent, therefore the foundation is not entitled to its 501c3 tax-exempt privileges as outlined in IRS 170 (c)2."
...
justthenews.com
U.S. Tax Court asks for new motions this summer from whistleblowers, IRS in aftermath of precedent-setting rulings.
Just a few weeks after Special Counsel John Durham revealed significant failures to investigate allegations against Hillary Clinton’s family charity, a U.S. Tax Court judge has once again breathed new life into a years-long whistleblower case alleging IRS improprieties involving the controversial Clinton Foundation.
U.S. Tax Court Judge David Gustafson has already once before denied an IRS request to dismiss the whistleblower case, first brought in 2017. And three years ago, he ordered the tax agency to reveal whether it criminally investigated the foundation, citing a mysterious "gap" in its records.
The IRS filed a new motion to dismiss, and all parties filed arguments over the last year. But on Monday, Gustafson postponed ruling on those motions, instead asking for new arguments in light of three recent precedent-setting court rulings, once again frustrating IRS efforts to make the case go away.
The three recent rulings in other tax cases "may affect the parties’ positions as to the pending motions," Gustafson wrote. "We will order further filings so that the parties may address those recent opinions."
File
ClintonFoundationMay302023Ruling.pdf
The judge gave whistleblowers John Moynihan, a former federal agent, and Larry Doyle, a corporate tax compliance expert, until June 30 to update their arguments and the IRS until July 28 to respond. That means the case will almost certainly stretch on for many more months.
The judge also noted the IRS hasn’t responded to a request to update the court record with new evidence.
Monday’s ruling adds new intrigue in a case that first surfaced nearly five years ago when Doyle and Moynihan, two respected forensic financial investigators, revealed the existence of their 2017 IRS whistleblower complaint against the foundation during a congressional hearing.
Moynihan and Doyle testified to a House committee in December 2018 that they believed the foundation wrongly operated as a foreign lobbyist by accepting overseas donations, then trying to influence U.S. policy.
The foundation "began acting as an agent of foreign governments early in its life and throughout its existence," Moynihan testified at the time. "As such, the foundation should've registered under FARA (Foreign Agents Registration Act). Ultimately, the foundation and its auditors conceded in formal submissions that it did operate as a (foreign) agent, therefore the foundation is not entitled to its 501c3 tax-exempt privileges as outlined in IRS 170 (c)2."
...
After John Durham bombshell, judge breathes new life into Clinton Foundation whistleblower case
U.S. Tax Court asks for new motions this summer from whistleblowers, IRS in aftermath of precedent-setting rulings.
justthenews.com
