Albuquerque Journal

IRS approves tax-exempt status for ABQ Tea Party

Conservati­ve group filed request nearly 8 years ago

- BY RICK NATHANSON JOURNAL STAFF WRITER

It took nearly eight years, but the Albuquerqu­e Tea Party has finally been granted tax-exempt status by the Internal Revenue Service.

“What I understand is the IRS was targeting any organizati­on that had the name ‘Tea Party’ in it or the word ‘conservati­ve.’ We weren’t the only ones,” said Graham Bartlett, president of the local Tea Party.

He said he’d been informed about a month ago by the group’s legal counsel, the Washington, D.C.-based American Center for Law

and Justice, that the requested 501(c)(4) status was coming through.

“I didn’t want to say anything and make it public until I had the actual documentat­ion in my hands,” Bartlett said Monday.

The Albuquerqu­e Tea Party requested tax-exempt status because it relies on donations, and people tend to donate more when they know they can write it off on their taxes, he said.

Further, tax-exempt status allows one party to transfer money to and receive money from other tax-exempt entities without paying taxes on those funds.

“We’re basically an education organizati­on. We don’t have dues, and we rely on donations,” Bartlett said. “Some of our activities cost money,” such as costs for renting space for candidate forums and printing literature.

Daniel Moore, the Tea Party chairman of communicat­ions and a board member, said that the process of applying for tax exempt status is normally concluded within six months, at which point “you know if you have it or not, and if you don’t you can appeal.”

The local organizati­on filed its request in December 2009. Several months later, the IRS demanded more documentat­ion concerning the organizati­on’s activities. The group complied, Bartlett said.

The IRS then requested even more documentat­ion, including board minutes, brochures, newsletter­s and correspond­ences. In all, the Tea Party provided more than 1,000 pages, but as the months and years passed there was still no decision on the applicatio­n for tax-exempt status.

The long wait was “absolutely unusual and unconscion­able and speaks directly to the issue of free speech,” Moore said.

In 2012, the American Center for Law and Justice filed a lawsuit against the IRS on behalf of the Albuquerqu­e Tea Party as well as other conservati­ve groups whose requests for tax-exempt status seemed to be put on hold during the Obama administra­tion.

The ACLJ is a conservati­ve, Christianb­ased organizati­on associated with Regent University School of Law in Virginia Beach, Va. The organizati­on’s chief counsel is Jay Sekulow, a member of President Donald Trump’s private legal team.

The FBI in 2014 announced its investigat­ion into IRS tactics found examples of “mismanagem­ent and poor judgment,” but no evidence to support criminal prosecutio­n.

Likewise the Department of Justice announced in 2015 that its review had found no evidence that “any IRS official acted on political, discrimina­tory, corrupt or inappropri­ate motives” in the handling of tax-exempt applicatio­ns.

However, both Bartlett and Moore noted that since President Trump and the Republican­s assumed power in Washington, D.C., in January, there seems to have been a change in policy and tone at the IRS.

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