• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Politics
  • Health
  • Travel
  • Gay Pride
  • Music
  • Sports
  • Law/Justice
  • Celebrities
  • Men
  • Space
  • Science
  • Gay Iconography
  • Madonna
  • Books
  • Monkeypox
  • Film/TV

Judge Dismisses Most of NOM Lawsuit Against IRS

Lisa Keen, Keen News Service June 6, 2014

BY LISA KEEN

CacherisA federal district court judge on June 3 dismissed most of a lawsuit by the National Organization for Marriage that claimed an employee of the U.S. Internal Revenue Service deliberately leaked a confidential tax document from NOM to a political opponent, the Human Rights Campaign. Judge James Cacheris (a Reagan appointee) said NOM failed to provide any evidence that the disclosure was deliberate and politically motivated; but, he said the IRS may bear some responsibility for the legal expenses NOM incurred as a result of that error and said that issue could go to trial.

The case was NOM v. IRS in the U.S. District Court for the Eastern District of Virginia, in Alexandria. Cacheris held a hearing on the matter May 29 and issued his decision five days later.

Tax-exempt organizations, including NOM, must file annual reports (called 990 forms) with the IRS, including a Schedule B document that lists donors who have contributed $5,000 or more to the organization. The 990 Forms are available to the public as a means of evaluating the financial health and practices of organizations seeking contributions.

NOM-logoAccording to various court records, an openly gay employee of Bain & Company, a former employer of 2012 Republican presidential candidate Mitt Romney, contacted the IRS in January 2011, identified himself as a member of the media, and requested a copy of NOM’s 990 form for the years 2007 and 2008. Meisel’s request was forwarded to IRS clerk Wendy Peters and, within the month, the forms were sent to Meisel, including the names and addresses of donors that is normally redacted. Meisel then forwarded the 2008 form to HRC’s then campaign media director Kevin Nix. And Nix forwarded the form to a Huffington Post reporter who published an article noting that an Alabama political action committee associated with Romney made a $10,000 contribution to NOM.

KargerGay activist Fred Karger used the information to file a complaint with the California Fair Political Practices Commission, alleging NOM had violated state laws but, as Judge Cacheris notes, NOM was “absolved” of those allegations.

NOM filed suit last October, charging IRS with unlawful disclosure of confidential tax information, but attorneys for the IRS said Peters simply forgot to redact the personal information when she complied with a public information request. It filed the lawsuit in the wake of highly publicized accusations that some IRS offices had delayed giving tax-exempt status to some organizations that had names suggesting they were engaged in political activities and, therefore, not eligible for tax-exempt status. While most of the publicity surrounded organizations with conservative terms –such as Tea Party—in their names, various investigations and reports determined that the offices also gave extra scrutiny to groups with terms like “progressive” and “medical marijuana” in them, too.

An investigation by the Treasury Inspector General for Tax Administration last year indicated that the IRS had applied “inappropriate criteria” in reviewing applications for tax-exempt status.

But Judge Cacheris said NOM failed to present any evidence to support its contention that the IRS clerk willfully disregarded the law, and he said evidence provided by the government “compel[s] the conclusion that Peters accidentally forwarded an unredacted copy” of NOM’s 990 Schedule B.

“The evidence is unrefuted that Peters did not know Meisel or have any connection to the HRC when she disclosed the information,” wrote Cacheris. “Furthermore, NOM has failed to produce a shred of proof that anyone at the IRS altered or obscured” the documents to cover up the error.

However, the judge found that the IRS mistake was the proximate cause of actions taken by Meisel, HRC, and others, creating some responsibility for IRS for the legal expenses NOM incurred as a result of the disclosures.

“The Government’s position that it is not responsible, as a matter of law, for the costs associated with the subsequent misuse of NOM’s confidential taxpayer information is untenable on the facts presented,” said Cacheris. Cacheris said this issue alone –what damages the government might be required to pay for NOM’s legal expenses as a result of the error– can go to trial. A NOM press release indicates the trial date has been set for June 30.

© 2014 Keen News Service. All rights reserved.

Topics: News More Posts About: Fred Karger, Fred Karger, News, NOM, NOM

Related Posts
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Duran Duran Has New Music And You Are About To Enjoy it. It’s 2021. Seriously.
  • ‘Mayor Pete’ Trailer; Papa Pete Pwns Tucker; 4-Stars for Dr. Rachel Levine; JoJo Siwa’s Perfect 10s; Lynda Carter’s 8 Wonder-full Words: GOOD NEWS
  • Bad Bunny refuses to give clothes a gender

    Bad Bunny refuses to give clothes a gender

    Published by BANG Showbiz English Bad Bunny refuses to give clothes a gender. The 28-year-old rap star – whose real name is Benito Ocasio – is unsure what defines “masculine” or “feminine” and cannot discriminate clothing …Read More »
  • Biden to issue policing order on George Floyd death anniversary -media reports

    Biden to issue policing order on George Floyd death anniversary -media reports

    Published by Reuters WASHINGTON (Reuters) – President Joe Biden is set to issue an executive order on Wednesday directing federal agencies to revise use-of-force policies as the United States marks the two-year anniversary of the police …Read More »
  • Ellen DeGeneres starts her ‘career pause’ in Africa

    Ellen DeGeneres starts her ‘career pause’ in Africa

    Published by BANG Showbiz English Ellen DeGeneres’ “career pause” will begin with a luxury African vacation. The final episode of ‘The Ellen DeGeneres Show’ will air later this week, and Ellen and her wife Portia de …Read More »
  • ‘The Kids in the Hall’ review: Sketch comedy is a young person’s game — yet here are older guys just ripping into the form as if they never left

    ‘The Kids in the Hall’ review: Sketch comedy is a young person’s game — yet here are older guys just ripping into the form as if they never left

      Published by Chicago Tribune   The TV landscape tends to feel pretty dismal when “Saturday Night Live” is the only sketch comedy game in town. And often that’s the case. Over its four-plus decade run, …Read More »
Previous Post: « HIV ‘Criminals’ Cut Free of GPS Monitoring Devices After Iowa Removes Outdated Law: VIDEO
Next Post: Proposition 8, ‘Instant History’, And The Plaintiff Heroes »

Primary Sidebar

News

  • Pelosi hits back at San Francisco archbishop for banning her from Communion over pro-choice stance

    Pelosi hits back at San Francisco archbishop for banning her from Communion over pro-choice stance

  • Mick Jagger Cuts Harry Style Down To Size, Says He ‘Doesn’t Have A Voice Like Mine Or Move On Stage Like Me’

    Mick Jagger Cuts Harry Style Down To Size, Says He ‘Doesn’t Have A Voice Like Mine Or Move On Stage Like Me’

  • Summer Love? Rosie O’Donnell Teases Possible New Girlfriend With PDA Moment

    Summer Love? Rosie O’Donnell Teases Possible New Girlfriend With PDA Moment

  • U.S. commission recommends renaming nine Army bases to strip Confederate legacy

    U.S. commission recommends renaming nine Army bases to strip Confederate legacy

Break

  • Keanu Reeves hailed one of world’s nicest men

    Keanu Reeves hailed one of world’s nicest men

  • Toni Collette, Mark Ruffalo and Noami Ackie join ‘Parasite’ Filmmaker Bong Joon-ho’s new movie And it Sounds Mind Blowing

    Toni Collette, Mark Ruffalo and Noami Ackie join ‘Parasite’ Filmmaker Bong Joon-ho’s new movie And it Sounds Mind Blowing

  • Starbucks to completely exit Russia after Ukraine invasion

    Starbucks to completely exit Russia after Ukraine invasion

  • Evan Spiegel & Miranda Kerr Pay Off $10 Million In Loans Of Otis College’s Graduating Class

    Evan Spiegel & Miranda Kerr Pay Off $10 Million In Loans Of Otis College’s Graduating Class

RSS Partner Links

  • Nick Cannon Doesn’t Think The Mothers Of His Eight Children Need To Get Along
  • Student Uses CURLY HAIR To Get Around Don't Say Gay + Gervais Jumps On Anti-Trans Bandwagon + Dorothy's Gingham Dress Yanked From Sale + MORE! — 12-PACK
  • OMG, LISTEN TO THIS: Madonna teams with Sickick for ‘Frozen’ remix ‘Frozen On Fire’
  • OMG, WATCH: Jinkx Monsoon paints a self portrait and talks about her big return to Drag Race
  • Chris Hemsworth Stripped Nude By Russell Crowe In THOR: LOVE AND THUNDER Trailer
  • Birthday Sluts
  • Song of the Day: 'Last Night I Dreamt That Somebody Loved Me' by Eurythmics
  • Page 1 Roundup (05/24)
  • Tennis Tuesday

Most Recent

  • NC Republicans push ban on teachers discussing LGBTQ issues, other rules for schools

    NC Republicans push ban on teachers discussing LGBTQ issues, other rules for schools

  • Bad Bunny refuses to give clothes a gender

    Bad Bunny refuses to give clothes a gender

  • Biden to issue policing order on George Floyd death anniversary -media reports

    Biden to issue policing order on George Floyd death anniversary -media reports

  • Ellen DeGeneres starts her ‘career pause’ in Africa

    Ellen DeGeneres starts her ‘career pause’ in Africa

  • ‘The Kids in the Hall’ review: Sketch comedy is a young person’s game — yet here are older guys just ripping into the form as if they never left

    ‘The Kids in the Hall’ review: Sketch comedy is a young person’s game — yet here are older guys just ripping into the form as if they never left

  • Opinion: The Right-Wing Airing of Imaginary Grievances Like Sex Ed Is Not and Never Has Been Used To Groom

    Opinion: The Right-Wing Airing of Imaginary Grievances Like Sex Ed Is Not and Never Has Been Used To Groom

  • Tan France gets parenting advice from Gigi Hadid

    Tan France gets parenting advice from Gigi Hadid

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2022 · Log in