A U.S. Tax Court judge has tentatively scheduled a Dec. 1 trial allowing two whistleblowers to show they were wrongly denied an award for identifying alleged tax irregularities inside Bill and Hillary Clinton’s foundation, but the case is meeting resistance from an unexpected source: the Trump administration.
The Internal Revenue Service under Trump filed a motion last week in the case brought by retired federal agent John Moynihan and private fraud expert Larry Doyle seeking to dismiss the case. Judge Alina I. Marshall set a deadline of September 15 for the petitioners to respond to that motion. The IRS also filed leave for an extension of time to file the Administrative Record with the court.
IRS says plaintiffs lack standing to sue
The agency argued that, as a matter of administrative and procedural law, the judge should not let the case proceed to trial because after an initial review, the IRS declined to look into the whistleblower complaint and, therefore, the plaintiffs don’t have standing to sue.
“In this case, the Whistleblower Office denied petitioners’ claims because the petitioners’ claims were never considered in an IRS action. Here, the Whistleblower Office forwarded petitioners’ claims to a classifier,” the IRS motion to dismiss argued last week “Following the classifiers’ preliminary review, the Classifier declined to forward petitioners’ claims to exam and recommended that it be forwarded to the CI [criminal investigation] division.
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Author: Ray Hilbrich
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