The IRS had asked that the lawsuit be dropped, because the organization said it had “voluntarily” stopped the targeting.
Federal Appeals Court Judge David B. Sentelle rejected the notion, citing that some tea party groups were still awaiting approval for tax-exempt status despite having applied years earlier.
Sentelle went on to point out that the IRS’s claims that the groups’ requests could not be processed because they were suing the IRS for not processing the requests created a classic catch-22.
“The IRS is telling the applicants in these cases that ‘we have been violating your rights and not properly processing your applications. You are entitled to have your applications processed. But if you ask for that processing by way of a lawsuit, then you can’t have it,'” Sentelle wrote. “We would advise the IRS: If you haven’t ceased to violate the rights of the taxpayers, then there is no cessation. You have not carried your burden, be it heavy or light.”
In April, Sentelle said in a hearing that evidence seemed to show that the IRS had delayed processing non-profit status applications for some tea party groups while asking questions unnecessary for processing the requests.
He added, “It’s hard to find the IRS to be an agency we can trust.”
Jay Sekulow, chief counsel for the American Center for Law and Justice said after the April hearing. “The IRS and the federal government are not going to get away with...
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