A federal judge is weighing whether to throw out a case against the IRS that alleges the Clinton Foundation violated federal law and should have its tax-exempt status revoked.
U.S. Tax Court Judge David Gustafson on May 30 asked the government and experts who brought a whistleblower claim to the IRS based on a years-long investigation of the foundation to submit additional filings in light of recent developments in other cases.
Rulings in those cases “may affect the parties’ positions as to the pending motions,” Gustafson wrote in a brief order (pdf), which was first reported by Just the News. “We will order further filings so that the parties may address those recent opinions,” he added.
Those opinions include an appeals court ruling (pdf) in favor of the government in a case brought by a whistleblower who offered what he said was evidence a company was not paying enough taxes.
John Moynihan, a former federal agent, and Lawrence Doyle, a tax expert, brought evidence to the IRS in 2017 that they say shows the Clinton Foundation violated U.S. law by acting as a foreign agent without registering as one.
The IRS denied the claims after interviewing one of the people cited and determining the evidence “was not credible” due to the person’s denials. An appeal of the determination was turned down, prompting Moynihan and Doyle to take the matter to U.S. Tax Court.
The government tried convincing Gustafson to toss the case, but in a 2020 ruling, he rejected the bid, finding that the IRS’s whistleblower’s office had “abused its discretion” by making unsupported statements in its determination.
A new motion to dismiss the case for lack of jurisdiction was lodged in 2022 and is currently under consideration. The motion and an opposition filing from Moynihan and Doyle were not available on the court docket.
In addition to the U.S. Court of Appeals for the District of Columbia Circuit opinion in Villa-Arce v. Commissioner, Gustafson referenced two other rulings:
- A ruling (pdf) by the same court found that the tax court had jurisdiction to consider a whistleblower claim but that the court correctly threw out a case brought by a whistleblower.
- A ruling (pdf) by the tax court found that the IRS appeared to correctly deny a whistleblower award to a man who was interviewed during an investigation.
Moynihan and Doyle did not return requests for comment. The IRS and the U.S. Department of Justice did not respond to inquiries.
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