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The IRS does have a sense of humor after all. The IRS does have a sense of humor after all.

06-15-2014 , 01:25 AM
Quote:
Originally Posted by FlyWf
OK, well, you're wrong, but it doesn't matter because they weren't denied it. What's the harm, again?
Putting people through months and years of uncertainty and imposing extra requirements based on political persuasion is ****ing wrong.

Cool argument though. I'll remember your bull**** weak ass argument in topics like voter identification. What's the problem? They can still vote right?
06-15-2014 , 01:43 AM
Uh, no, they(people without IDs) can't still vote. That's the ****ing point. What is it with terrible voter ID analogies these days? Popping up in all sorts of threads from our more moderate/libertarian posters.
06-15-2014 , 02:16 AM
OK here is the IRS's story:
It would cost $10M to upgrade the servers to store all e-mails
They made daily backups of the servers, but were recycling the tapes every 6 months.
After May 2013 they stopped recycling and started long term storage at a cost of $200K/ year.
When the employee mailbox was full, the employee would move emails to an archive on the local machine.
The employees were supposed to be printing out the emails to meet the record keeping requirement.
Lois must not have been printing the emails, and her hard drive crashed destroying her archive.
They went machine to machine to recover her emails from other employees hard drive archives. Hence no outside emails.
-----------------------------------
Questions I have I have not been able to find the answers to.

What version of Exchange was running on the servers? if it was 2007 or newer, they are either configured wrong or the emails would still be on them in a server archive (If I understand exchange 2007 correctly) Then again they hope to finish the upgrade to windows 7 by September.

Note 8 implies she had 6103 (taxpayer) information on her home computer on her personal email account. Pretty sure that is a no-no (Doing government stuff on a personal email account dodging the record keeping requirements is what got Karl Rove in trouble)

Maybe the NSA should start backing up data for other government agencies? The idea of storing archives on local machines that are not backed up and depending on the employee to print out the emails is, well, kinda Tom Thumb IMHO


Link to PDF: http://taxprof.typepad.com/files/irs-description.pdf
06-15-2014 , 02:32 AM
That's good stuff. I believe the IRS now but do laugh at the tone of "this is hard and we are pissing away tons of money trying to comply with your bull**** request." Tax authorities do this to tax payers all day everyday with no sympathy.
06-15-2014 , 02:33 AM
Quote:
Originally Posted by FlyWf
Uh, no, they(people without IDs) can't still vote. That's the ****ing point. What is it with terrible voter ID analogies these days? Popping up in all sorts of threads from our more moderate/libertarian posters.
They can vote if they jump through the hoops!
06-15-2014 , 04:31 AM
You know, I worked with a guy who was ex-govt IT and I do remember him saying they had the responsibility of archiving old emails when their inbox got full, which was basically on a monthly basis.

Quote:
Originally Posted by [Phill]
Yes. Did you not? Who do you think is being incriminated in those emails because as a big hint it isnt Lois Lerner.
Can you prove this by supplying the deleted emails at this time?
06-15-2014 , 07:14 AM
Quote:
Originally Posted by LASJayhawk
1) The e-mails are stored on the server, not the client computer.
2) The servers use raid arrays, so a failed hard drive won't cause loss of data.
3) The hard drives are backed up at least once a day and backups wind up in some iron mountain somewhere.
4) after changing the laws in 2006 the server software now keeps even deleted e-mails in a directory the user has no access to.
5) The employees are REQUIRED to print out copies of e-mails that can be considered work product and keep them.
6) All this is REQUIRED by law to be sent to the archivist of the United States.


Just saying we lost them is wrongdoing and may well have a dozen felonies attached to it.

If they don't have them it is because someone has spent the last year altering server logs and destroying backups.
If this is true it makes it certain they didnt do it on purpose. Thanks.
06-15-2014 , 07:23 AM
Quote:
Originally Posted by ikestoys
They aren't violating groups. Because flywf doesn't agree with those groups, he's ok with using whatever power the government has to abuse them into silence. #realliberals
Quote:
501(c)(4)
(A) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes.
(B) Subparagraph (A) shall not apply to an entity unless no part of the net earnings of such entity inures to the benefit of any private shareholder or individual.
Exclusively
Social welfare

The "scandal" is that the IRS decided to enforce the law as it was written, voted, passed and signed into law by the legislative branch rather than to interpret "exclusively" to mean "mostly" and "social welfare" to mean "whatever" as it had been doing previously.

The scandal is the IRS decided to enforce the law!
06-15-2014 , 07:30 AM
Quote:
Originally Posted by Low Key
Can you prove this by supplying the deleted emails at this time?
Lol, wat?

If there is any incrimination of wrongdoing here (note, more than she has just admitted happened) it will be in internal emails which are unaffected. Do you think she was playing email tag with lower level employees or employees in other IRS agencies by bouncing it through the Treasury Dept or whatever?
06-15-2014 , 07:33 AM
In Ikes world founding "non profits" that attack all of the political parties positions and candidates but not directly attacking a political party makes them non partisan in nature because IKES WORLD
06-15-2014 , 07:52 AM
In Ikes' world Koch funded political ads attacking Democrats = promotion of social welfare.
06-15-2014 , 08:49 AM
Quote:
Originally Posted by [Phill]
Exclusively
Social welfare

The "scandal" is that the IRS decided to enforce the law as it was written, voted, passed and signed into law by the legislative branch rather than to interpret "exclusively" to mean "mostly" and "social welfare" to mean "whatever" as it had been doing previously.

The scandal is the IRS decided to enforce the law!
No. The scandal is they did selective enforcement. They did not apply the same standards for all groups. Only groups with certain words in thier names.
06-15-2014 , 08:56 AM
Quote:
Originally Posted by [Phill]
Exclusively
Social welfare

The "scandal" is that the IRS decided to enforce the law as it was written, voted, passed and signed into law by the legislative branch rather than to interpret "exclusively" to mean "mostly" and "social welfare" to mean "whatever" as it had been doing previously.

The scandal is the IRS decided to enforce the law!
Except that's not the law. Cool story though
06-15-2014 , 09:03 AM
Quote:
Originally Posted by [Phill]
In Ikes' world Koch funded political ads attacking Democrats = promotion of social welfare.
You can't have it both ways here. Democrats did (and still do!) the exact same thing. I don't have a problem with that, and neither did the IRS. Having a bull**** issue on tax enforcement based on political affiliation is completely not ok.
06-15-2014 , 09:31 AM
Quote:
Originally Posted by timotheeeee
Does "federal record" = "work product"? If not then your original statement is probably crazy overbroad. I worked for the federal government for a few years and never once heard of printing emails and sending them anywhere.
Also, violations of internal procedural manuals aren't felonies.
FYI:
Quote:
§ 3301. Definition of records

As used in this chapter, “records” includes all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included.

44 U.S.C.A. § 3301 (West)
And here's the section explaining that section, lol:

Quote:
§ 1222.10 How should agencies apply the statutory definition of Federal records?

(a) The statutory definition of Federal records is contained in 44 U.S.C. 3301 and provided in § 1220.18 of this subchapter.

(b) Several key terms, phrases, and concepts in the statutory definition of a Federal record are further explained as follows:

(1) Documentary materials has the meaning provided in § 1220.18 of this subchapter.
(2) Regardless of physical form or characteristics means that the medium may be paper, film, disk, or other physical type or form; and that the method of recording may be manual, mechanical, photographic, electronic, or any other combination of these or other technologies.
(3) Made means the act of creating and recording information by agency personnel in the course of their official duties, regardless of the method(s) or the medium involved.
(4) Received means the acceptance or collection of documentary materials by or on behalf of an agency or agency personnel in the course of their official duties regardless of their origin (for example, other units of their agency, private citizens, public officials, other agencies, contractors, Government grantees) and regardless of how transmitted (in person or by messenger, mail, electronic means, or by any other method). In this context, the term does not refer to misdirected materials. It may or may not refer to loaned or seized materials depending on the conditions under which such materials came into agency custody or were used by the agency. Advice of legal counsel should be sought regarding the “record” status of loaned or seized materials.
(5) Preserved means the filing, storing, or any other method of systematically maintaining documentary materials in any medium by the agency. This term covers materials not only actually filed or otherwise systematically maintained but also those temporarily removed from existing filing systems.
(6) Appropriate for preservation means documentary materials made or received which, in the judgment of the agency, should be filed, stored, or otherwise systematically maintained by an agency because of the evidence of agency activities or information they contain, even if the materials are not covered by its current filing or maintenance procedures.

36 C.F.R. § 1222.10
I don't really feel like looking up what emails the IRS has deemed are "appropriate for preservation."
06-15-2014 , 10:11 AM
Wow, what a clever way for conservative hackers to frame the Obama admin.
06-15-2014 , 11:11 AM
Quote:
Originally Posted by V0dkanockers
No. The scandal is they did selective enforcement. They did not apply the same standards for all groups. Only groups with certain words in thier names.
They looked at progressive groups as well as tea bagger groups. In fact the only groups that got turned down for 501(c)(4) status were progressive.

Quote:
Originally Posted by ikestoys
Except that's not the law. Cool story though
Feel free to quote something else if I was incorrect.
06-15-2014 , 11:14 AM
I'll just go ahead and "quote" what the IRS actually did phil. These groups are legally allowed to act the way they are and have been.
06-15-2014 , 11:22 AM
Good to see you realise I was correct and now just shifted the goalposts from "what the law is" to "how the law is unilaterally implemented" thanks to the IRS defining exclusively to mean primarily.

Awesome show son, good contribution to the thread as per usual.
06-15-2014 , 11:25 AM
No phil. I'm saying that you're some dude, and the IRS's enforcement of the law is done by people who know a lot more about the law than you.
06-15-2014 , 11:38 AM
Quote:
Originally Posted by Peter Porker
Wow, what a clever way for conservative hackers to frame the Obama admin.
No such thing. Clearly the neocons hired 13 year old Russian hackers, since conservatives have such a man-crush on Putin
06-15-2014 , 11:51 AM
Quote:
Originally Posted by [Phill]
Exclusively
Social welfare

The "scandal" is that the IRS decided to enforce the law as it was written, voted, passed and signed into law by the legislative branch rather than to interpret "exclusively" to mean "mostly" and "social welfare" to mean "whatever" as it had been doing previously.

The scandal is the IRS decided to enforce the law!
It actually would be a bit of a scandal if the IRS decided to ignore long-standing regulations and revenue rulings because they didn't like them.
06-15-2014 , 12:29 PM
Quote:
Originally Posted by Peter Porker
Wow, what a clever way for conservative hackers to frame the Obama admin.
06-15-2014 , 01:00 PM
Quote:
Originally Posted by bobman0330
It actually would be a bit of a scandal if the IRS decided to ignore long-standing regulations and revenue rulings because they didn't like them.
Initially few even noticed but once they did and because there is a vested interest for at least one of the two parties to continue the status quo it went nowhere when a couple of Dems on the committee dealing with the IRS hearing tried to get the ball rolling.

Basically after the law was passed the IRS unilaterally changed what it meant from what legislators wrote.
06-15-2014 , 02:01 PM
These groups likely don't even meet the "primarily" definition. But again, just amazing that we're re-litigating the very core issue again years down the fact. Really shows how serious and damaging a scandal this was and is. I definitely expect attack ads in 2014 to focus on weeping Tea Party leaders complaining about how filling out that 18 page questionnaire really cut into the time they needed to make "Don't Re-Nig" bumper stickers.

      
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