Ok, so I'm watching Morning Joe this morning and they are talking about the IRS "scandal" that has erupted over the weekend, and I swear by head is swelling to twice its normal size and I'm really surprised there aren't brains on my living room walls at this point.
Now I guess a lot of my righty friends are going to say, here he goes again. But really, this is one of those issues that, whenever I talk to someone on the right about this we ultimately agree. So bear with me please.
First, let's just make sure we know what we are talking about here.
The IRS employees involved in this controversy were examining applications for tax exemptions for so-called "social welfare organizations." Organizations that meet the definition of a "social welfare organization" are exempt from tax under section 501(c)(4) of the Internal Revenue Code.
Let me emphasize this point.
The IRS was not singling these organizations out.
Instead, these organizations were singling themselves out. They filed applications with the IRS essentially saying, "what I am doing is special and deserving of a tax exemption. Please confirm."
Now, social welfare organizations by definition are NOT supposed to be involved in political activities. They specifically are not permitted to directly or indirectly participate or intervene on behalf of or in opposition to any candidate for public office.
Remember, this was occurring at the time of the rise of the tea party movement. I don't think anyone would argue with the fact that this was a political movement. So we have an explosion of growth in groups seeking a tax exemption with the words "tea party" and "patriot" in their names. Does anybody legitimately think that the IRS cannot go back to the applicants and ask- "well, what exactly are you going to be doing?" Because, really, that's all that it did here.
Part of the problem here is that while "social welfare organizations" are not permitted to act for or against particular candidates, they are permitted to advocate for or against particular legislation.
Somebody please tell me how this makes sense.
Both Crossroads USA and Organizing for America are tax exempt social welfare organizations.
Of course, the Heritage Foundation and the Center for American Progress are both 501(c)(3) organizations. They are not supposed to advocate for or against candidates AND for or against legislation.
Yeah right.
Look, I'm not even going to attempt to justify what the IRS did, because in fact I don't know what they did. Everything I have seen is that the IRS has experienced a huge increase in the number of organizations applying for this exemption. At most, it appears that the IRS went back and asked these organizations for more information regarding their activities. And, in 2009 and 2010, with the rise of the tea party type movement, most of them were probably conservative organizations. I have not heard that they actually denied exemptions or, if they did, that their reasons for denying the exemptions are illegitimate.
But I will say this: drawing a line between what is and is not improper advocacy is not an easy question. And it's clear that the "big boys" have been flouting this line continuously.
But of course, the real scandal isn't the way the IRS handled this issue. What nobody is asking is, why are these organizations exempt from tax at all?
I would go even further of course. I don't think ANY organization should be tax exempt. I have three fundamental issues with the concept of tax exemptions.
1.
Non-profit entities don't need tax exemptions.
I mean come on folks, this isn't that difficult. "Profit" and "income" are synonymous. If you don't have a profit, you have no income and if you have no income you pay no tax. So why the hell do these groups need tax exemptions in the first place?
2.
Income is income.
I don't think the government should be making judgments that some kinds of activities are "extra good" so that the income earned from them deserves special treatment. I mean seriously, is this really something we want our government to be doing? Do we really want it to be saying: your income is good and is deserving of an exemption - a judgment which necessarily implies that my income is bad and is not so deserving?
Because that is exactly what the IRS was trying to do here.
And they were doing it because the law requires them to do it.
What really galls me is that it is only organizations - read, corporations - that can get exemptions. Human beings can't. Seriously, can someone please tell me why a hospital corporation can be exempt from tax, but the doctors who work there aren't? They are both doing the same damn thing - how the hell does that make any sense?
And yes, I am an extremist on this point, but this idea that income is income and should all be taxed applies to everyone, including churches. I don't want my government sitting in judgment on what is or is not a legitimate religion. Yet it has to do that because religious organizations are exempt. The question of whether scientology is a religion has spawned decades of litigation between the IRS and the "church."
3. My biggest bugaboo:
the income tax is a terrible place to effect social policy.
Every time I here about a new jobs tax credit, or a research credit, or a low-income housing credit I cringe.
First, it's just too easy for people to claim the credit or the deduction on their tax returns and reduce their tax payments hoping they don't get caught up in an audit.
Second, do we really want the IRS to be the agency to implement and enforce what are essentially government spending programs? There are housing credits so implementing housing policy, research credits so it is implementing science policy, education credits so it is implementing education policy, earned income credits so it is implementing anti-poverty policy. Energy credits and anti-pollution credits and orphan drug credits and railroad track maintenance credits and alternative motor vehicle credit and senior health insurance credits and new market credits and child care credits. Politicians love using the tax code like this of course. They can give targeted goodies to their patrons and then call them tax cuts.
But if you really want to simplify the tax code, cut out all of this crap. It's nothing but back door patronage at this point.
Seriously, this is not what the IRS should be doing. The IRS is a collection agency. Let it collect. If the government wants to subsidize certain activities for the public good, fine. Do it elsewhere. Let the IRS do its job.