A judge dismisses an IRS lawsuit filed by True the Vote on account of the IRS opting to sanction tax-exempt status for the organization in question. Although the governmental agency was being targeted over an ongoing tax exemption scandal, Judge Reggie B. Walton determined this week that True the Vote’s claim was now a moot point. TownHall News explains the details surrounding this complicated lawsuit and its failure to succeed this Friday, October 24, 2014.
Their case may have initially seemed valid, but a judge has ultimately dismissed the IRS lawsuit brought into the courtroom by a non-profit organization situated in Texas, True the Vote. Judge Walton has ruled that the argument should no longer be deemed “relevant” considering the Internal Revenue System has agreed to provide tax-exempt status for the American-based organization. The law official also stated that the IRS has promised to confront the purported targeting of U.S. conservative (Tea Party) groups.
The duration of this court case and alleged scandal has been a long one. When word of the lawsuit first surfaced, True the Vote requested that Senator John Cornyn of Texas assist with their claims against the IRS. Several weeks later, the IRS contacted True the Vote directly to specify further information about the nature and application of the lawsuit. The agency replied to this document asking for more details, and this game of cat-and-mouse continued on until recently.
After news of the tax-exempt organization’s scandal made it to national headlines, True the Vote was cited as saying the scheme was simply “unlawful.” During the interim between the original filing of the lawsuit and the judge’s new ruling, True the Vote was given legal status as “tax-exempt.” Furthermore, the IRS has not utilized BOLO lists nor other forms of targeting during this time. As a result, the lawsuit has now been found to be a moot point. In other words, the original controversy that instigated the lawsuit has been determined to no longer be a significant concern.
Naturally, True the Vote does not agree with this decision, notes News Oxy today. As described in Judge Reggie Walton’s reasoning for dismissing the lawsuit, there is no justification to penalize IRS officials for wrongfully targeting the Texas-based, not-for-profit organization. The source site also asserts that a lack of justice being served for any potential damage incurred during the proceedings remains “an absolute shame and horrible precedent to set … “Not to mention, IRS abuse will continue if there are no consequences for the illegal behavior and decisions that were made.”
A close look at the court documents may shed more light on the judge’s ruling to dismiss the lawsuit against the IRS. In their official papers, True the Vote requested recompense in damages under “Bivens claim.” Based on a 1971 Supreme Court case called Bivens vs. Six Unknown named Agents, Bivens claim allows a person or group to receive compensation as a result of Fourth Amendment right violations by a federal agency. Yet a key piece of this ruling is that recompense can only be received when “no other remedy can be made available.”
In this case, the U.S. court of law determined that a remedy was, in fact, available for True the Vote to consider. In the words of Judge Oferdorfer in the 1988 case of Church By Mail vs. United States, the court found that “[i]t would make the collection of taxes chaotic if a taxpayer could bypass the remedies provided by Congress simply by bringing a damage action against [IRS] employees.”
Consequently, Judge Walton has fully dismissed True the Vote’s lawsuit and associated complaints. The official proceeded to dismiss a similar lawsuit filed against the IRS government agency by the Linchpins of Liberty on account of both targeting cases having, quite literally, nowhere to turn. He wrote on the moot point:
“The allegedly unconstitutional governmental conduct, which had delayed the processing of the plaintiffs’ tax-exempt applications and spawned this litigation, is no longer impacting the plaintiffs.”
Do you have any insight or comments to make regarding the “Judge dismisses IRS lawsuit” headline? Needless to say, the Tea party is not happy with the results. The case has been a controversial subject for some time now, but with Judge Walton’s ruling, it appears that this particular complaint at least is finally being put to rest.