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Subject:  Re: Lamest scheme ever Date:  5/17/2013  5:48 PM
Author:  xLife Number:  1878101 of 2211119

But these groups weren't seeking to register as political organizations; rather, they were seeking confirmation that they were social welfare organizations. Ultimately, they were found to be social welfare organizations.

I know. Wrongfully, in my opinion. But that doesn't matter. We're talking about damages.

(1) 501(c)(3) status is irrelevant to donors, so they didn't lose donations because of the delay.

(2) The groups are automatically eligible for tax-exempt status as political organizations, so they were never disadvantaged there either. Unless they can show that they paid unnecessary taxes. No one's made that claim to my knowledge.

(3) Damages, if you can call them that, pertain to the time and expense of complying with IRS requests for further information in support of their 501(c)(4) applications. But complying with a request for more info is almost never considered damages. It'd be especially hard to consider them damages in this case because the IRS is supposed to ask questionable groups for more info. What it's not supposed to do is single out some questionable groups based on party affiliation or whatever.

I wrote elsewhere that this is similar to being the only one pulled over for speeding on the highway when there are lots of other cars going as fast as you. If the cop pulled you over because you were driving a Ferrari and everyone else was in a Ford, it's wrong, but it doesn't mean you weren't speeding.
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