Subject: IRS Moves to Threaten Second Amendment Newsletters, E-mail
Alerts
Dear Friends:
I am forwarding this message from Gun Owners of America:
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IRS Moves to Threaten Second Amendment Newsletters, E-mail Alerts
>
> Gun Owners of America E-Mail Alert
> 8001 Forbes Place, Suite 102, Springfield, VA 22151
> Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
>
> Thursday, January 15
>
>
> The ink is barely dry on the Supreme Court's devastating decision in
> McConnell v. FEC -- the so-called campaign finance case that GOA was
> involved in. That decision severely restricted broadcast
> communications, thus making it more difficult for GOA to hold
> legislators accountable on Second Amendment issues.
>
> Now, the IRS is already leaping forward to expand the Court's ruling
> to include GOA newsletters, e-mail alerts, and other Second Amendment
> communications.
>
> Put out for comment on December 23, 2003 -- when, presumably, no one
> would notice -- proposed IRS Revenue Ruling 2004-6 creates a broad new
> set of ambiguous standards which groups like GOA must follow in order
> to avoid losing all or part of their tax-exempt status.
>
> Under the proposed Revenue Ruling, the IRS would create a vague
> "balancing test" to determine whether GOA communications would be
> "permitted" by the government.
>
> If the communication occurred close to an election, mentioned an
> officeholder who was running for reelection, and was targeted to put
> pressure on congressmen through constituents in each representative's
> district, all of these factors would push toward outlawing the
> communication.
>
> Although the McCain-Feingold Incumbent Protection law was repressive
> enough, the proposed Revenue Ruling would go far beyond this anti-gun
> statute:
>
> * Unlike McCain-Feingold, the proposed Revenue Ruling would not be
> restricted to broadcast ads. Rather, it would apply to
> newspaper ads, e-mail alerts, newsletters, and other
> communications by organizations such as GOA.
>
> * Unlike McCain-Feingold, the proposed Revenue Ruling would not
> automatically exempt communications which occurred more than 60
> days prior to an election -- or which fell below a certain
> monetary threshold.
>
> * Unlike McCain-Feingold, the proposed Revenue Ruling would
> contain no fixed standards for compliance. Rather every GOA
> newsletter or alert would have to be published with the
> realization that the government, after the fact, could apply its
> vague criteria to determine that is was "impermissible."
>
> For example, when GOA learned that an anti-gun rider had been placed
> on a Defense authorization bill in September 2000, GOA alerted its
> members to this provision which would have allowed the Dept. of
> Defense to confiscate and destroy any military surplus item that had
> ever been sold by the government.
>
> M1 Carbines, 1903 Springfields, Colt SAAs, uniforms, ammo, scopes --
> and much more. All these privately-owned items could have been
> confiscated and destroyed by the feds.
>
> GOA generated a groundswell of nationwide opposition against the
> confiscation attempt. But we especially targeted our focus on the
> Senate Armed Services Committee.
>
> The message evidently got through, as the Committee Chairman's office
> called GOA to discuss this problem after he received hoards of calls,
> postcards and e-mails from our members. The provision was removed,
> and Second Amendment rights were preserved.
>
> But had this IRS regulation been in effect in 2000, the agency (which
> then was under Clinton's control) could have RETROACTIVELY punished
> GOA, stating that our activity would have been impermissible if just
> one of the targeted Senators had been facing reelection!
>
> This new regulation would allow lawmakers to load up gun bills prior
> to an election, secure in the knowledge that GOA won't be able to let
> you guys know about them in time.
>
> GOA has formally lodged a protest with the IRS regarding this
> expansion and abuse of power. To read the GOA comments, go to
>
http://www.gunowners.org/fs0403.htm on the web.
>
> It is imperative that this rule be defeated!
>
>
> ACTION: Contact your congressmen. Ask them to write the IRS and
> demand that it withdraw proposed Revenue Ruling 2004-6. You can
> contact your Representative and Senators by visiting the Gun Owners
> Legislative Action Center at
http://www.gunowners.org/activism.htm
> to send them a pre-written e-mail message.
>
> Your Representative and Senators must submit their comments to the IRS
> by January 26.
>
>
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Regards,
Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
IRS moves to Threaten 2nd Amndmnt Nwslttrs/Email Alerts
