There are myriad ways to lie, but one particularly devious act of
mendacity is willfully swearing a false oath, or falsifying an
affirmation to tell the truth whether spoken or in writing concerning
matters material to an official proceeding and technically it is
perjury. Perjury is considered a serious offense because it usurps the
power of the courts resulting in miscarriages of justice and, in
America, Federal law classifies perjury as a felony providing a prison
sentence of up to five years. The recent furor over the Internal Revenue
Service scrutinizing applications for social welfare, tax-exempt
organizations, has revealed that the IRS was doing its due diligence in
screening political activists’ applications, and one aspect going
unnoticed is the level of perjury most of the conservative groups are
guilty of just filing false declarations. However, many of the groups
are also guilty of perjury for failing to report, or under-reporting,
their political spending on tax forms filed with the IRS.
The rash of wingnut political activist groups posing as social
welfare nonprofits are forbidden from having political campaign activity
as their primary purpose, and it is the IRS methodology of how they
measured such activity while screening the groups’ social welfare
applications that has repugicans in an uproar over the IRS’s treatment
of patriot and teabagger groups. There are very specific questions
asking for details on any campaign spending on forms social welfare
non-profits are required to file with the IRS, and many conservative
groups illegally use the social welfare designation to conceal dark
money being injected into political campaigns. Some groups are reporting
political donations to the Federal Election Commission (FEC), but to
maintain their “social welfare” designation they are deliberately lying
to the IRS and committing perjury by signing tax forms claiming they did
not spend any money on political campaigns.
In just one example likely out of thousands, a dark money group, A
Better America Now, based a couple of miles off the beach near
Jacksonville, Florida promised on its 2011 application
for “social welfare” tax-exempt status with the Internal Revenue
Service it did not plan to spend any money on elections. In the last
election cycle, A Better America Now reported
to the FEC it spent about $65,000 for mailers and TV advertising in a
highly contested race for Texas’ 23rd congressional district seat.
However, in its tax return recently filed with the IRS, the group claimed it did not spend any money on “direct or indirect political campaign activities” even though return was signed “under the penalty of perjury” by the group’s president and accounting firm
preparing the tax return. Apparently, it is a common occurrence with
conservative groups with tax-exempt “social welfare” designation to
inject dark money into political campaigns to influence elections
without revealing their donors. It is the only reason the groups seek
“social welfare” designation in the first place and why repugicans are
attempting to quash IRS scrutiny into wingnut dark money groups.
It is not the first time A Better America Now, a Florida-based
outfit, has injected anonymous money into repugican campaigns in
different parts of the country, and according to Craig Holman of Public
Citizen, “This type of inaccurate reporting by electioneering
nonprofit groups has a long history, and it is rooted in the fact that
the IRS almost never holds these groups accountable for such false
declarations.” However, it is not just “inaccurate reporting” or “false declarations,”
it is blatant perjury and it presents two prescient questions that
demand an answer; why are these groups allowed to apply for or keep
their social welfare designation, and why are they not prosecuted for
perjury and imprisoned for “up to five years” as required by
Federal law? In the A Better America Now case, it is not that there is a
question of whether the dark money social welfare group lied to the IRS
on its 501(c) application, because the contradiction between the FEC
filing and 501(c) application is blatant. It is also obvious the group
deliberately omitted the money it spent on a direct political campaign
in Texas and signed, “under penalty of perjury,” a Federal document swearing “the statements are true, correct, and complete” and filed with the Internal Revenue Service.
During last year’s presidential campaign, it was revealed that
Willard Romney committed perjury on various filings with the SEC and
FEC, and yet despite an appeal to investigate and prosecute the false
statements and clear case of perjury, Romney is not under investigation,
indicted, or sitting where he belongs; in prison. One thing is certain,
if a middle class American commits perjury on an IRS tax return they
would be punished to the full extent of the law and it is another
indication that in America, political lying and perjury are not only
unpunished, but they are rewarded and there are indications they will
continue breaking federal law as repugicans are attempting to neuter
the IRS’s ability to hold political groups accountable for their illegal
activities.
Religious organizations are also breaking the law with impunity by
campaigning from the pulpit in violation of their IRS agreement to avoid
paying taxes, and it goes far beyond just paying income taxes. Cults
are exempt from paying property taxes regardless they are sitting on
prime real estate and using the services the rest of the community
funds, and clergy double-dips on personal income tax liability through
their shadowy compensation schemes other Americans are forbidden from
using. It is high time the Internal Revenue Service is given the support
and authority they need to hold religious and political groups
accountable for their illegal machinations to influence elections and
avoid paying their fair share like the rest of the population.
America is a nation founded on the rule of law, but along the way two
of the most powerful groups in the country are flaunting the law with
impunity and when the IRS did attempt to do its due diligence and
scrutinize purely political activities, they have been reviled by repugicans. There is no specific law against outright lying that repugicans are notorious for, but there are Federal statutes defining
perjury as “willfully swearing a false oath, or falsifying an affirmation to tell the truth whether spoken or in writing concerning matters material to an official proceeding,”
and at the least, signing an IRS tax return with false information is
perjury. However, dark money groups posing as “social welfare”
non-profits exceed just committing perjury in signing a tax return, and
they deserve a thorough investigation by the Department of Justice to
revoke their tax-exempt status, reveal their outside anonymous donors,
and at the least imprison them for five years for each instance of
filing false documents.
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