Lake Erie Conservative

thoughtful discussion(s) about issue(s)

… The Situation is Fairly Clear – Cut and Simple … [American Legion IRS Controversy] …

Posted by paulfromwloh on Tuesday,August 27th,2013

.. It has come to my attention recently that the I.R.S. has been on the case of individual American Legion Posts , different regions of the Legion (Departments , or the State level) , and the national level of the legion itself .

.. You might wonder what they all have done to draw the ire of the Service . I wondered quite a bit , myself . I did some research on the subject , and , then , WOW . It seems that the I.R.S. is trying to harass and intimidate individual A.L. posts , by micromanaging their membership requirements . Their requirements are taut enough , believe you me . I am an Sons of the American Legion , or S.A.L. (an auxillary) member of a Detachment . That Detachment is attached to an individual Post , which is its sponsor .

.. An individual post cannot play around with the membership requirements . They are mandated by Congress (for the Legion) by service in a time of War . A veteran must certify that they have served , and present their honourable discharge (basically , a certified copy) to the post officers . The post officers make the relevant photocopies , and are required to make and keep meticulous records . Those requirements are also imposed via the National Post , and the Department – level (or State) . The process for the S.A.L. is similar . Records are meticulous , and are kept up the line for every single individual member . Yes , they have to be that stringent .

.. The individual Post , along with the groups up the line , are non – for – profit groups . As a result , they do not pay income taxes . They have to file income tax returns , nonetheless , and a financial disclosure form (Form 990) with the Service . One sees the requirements are tough enough .

.. Now , the Service wants to make it tougher . They have played around with the I.R.S. audit manual , specific to veterans and fraternal organizations . The problem is that they have done so in contravention to logic , good sense , and the law . The government itself maintains the dates of service records at the Department of Defense . The Department of Veterans Affairs receives the update when the individual veteran applies for veterans ‘ benefits , via the honourable discharge form (the D.D. -214). Court precedent protects individual non – profit groups membership lists from prying eyes . There has to be one hell of a good reason for a court to order a individual group to cough up its membership list . Otherwise , they cannot be touched . Most of all , by the government . Why the I.R.S. wants to breach this is nuts . They should damn well know better . The government itself maintains the record . Why would they need or want to harass an individual group over its not-for-profit status over something so petty as this ?

.. The I.R.S. is going to get sued over this . They deserve to be sued . They do have a job to do , to enforce the laws on our country ‘ s Internal Revenue Code . What they do no , should not , and cannot do is waste everyone ‘ s valuable time and money on something that has already been done somewhere else . They are also doing so clearly in contravention of the law . After the infamy of the I.R.S. scandals , they should know better . They are going to lose , and lose big time .

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