18
September 2013
Past Event
IRS + 501(c)(4) = SOS?

IRS + 501(c)(4) = SOS?

Past Event
Hudson Institute, Washington, D.C. Headquarters
September 18, 2013
Default Event Image
18
September 2013
Past Event

1015 15th Street, N.W., 6th Floor
Washington, DC 20005

Speakers:
William Schambra

Senior Fellow, Hudson Institute

John Pomeranz

Attorney, Harmon, Curran, Spielberg & Eisenberg LLP

Default Expert Image
Cleta Mitchell

Partner, Foley & Lardner, LLP

Marcus Owens

Member, Caplin & Drysdale, Chartered , and former director, IRS Exempt Organizations Division

"So I guess my bottom line here is that we at the IRS should apologize for that, it was not intentional, and as soon as we found out what was going on, we took steps to make it better and I don't expect that to reoccur."

So stated director of the IRS Exempt Organizations division Lois Lerner May 10, 2013, as she explained to a meeting of the American Bar Association that her employees had singled out for extended examination scores of applicants for 501(c)(4) status that "used names like Tea Party or Patriots and they selected cases simply because the applications had those names in the title." That "was wrong, that was absolutely incorrect, insensitive, and inappropriate," she concluded.

If Lerner had hoped that her admission would enable the IRS to "get out in front" of negative publicity, she must have been disappointed, because within days, and after a very critical review of IRS practices by its own Inspector General, the IRS was embroiled in a controversy that has yet to subside.

Was this merely a case of bureaucratic bungling, as Lerner suggested? Or was the IRS deliberately targeting groups known to be unfriendly to the Obama Administration, as others have argued? Does this episode point to larger, institutional deficiencies that require substantial revisions in the way we understand the 501(c)(4) designation, and the limits on political activity in which such organizations may engage?

These and other questions were publicly addressed at Hudson on September 18th, 2013 by a panel of leading legal practitioners, including John Pomeranz, a key participant in Public Citizen's Bright Lines Project; Cleta Mitchell, who has filed a lawsuit in federal court challenging the IRS actions; and Marcus Owens, former director of the IRS Exempt Organizations Division. Hudson Institute's William Schambra moderated the discussion.

Required Reading

The Bright Lines Project, Defining Nonprofit Political Activity and Clarifying IRS Rules on Political Intervention

James Freeman, Cleta Mitchell: How to Investigate the IRS The Wall Street Journal, June 7, 2013.

Cleta Mitchell, IRS Targeting of Conservative Groups: A History, Overview and Status Report May 20, 2013.

Marcus Owens, Charity Oversight: An Alternative Approach Presented at the Columbia Law School National State Attorneys General Program on Charity Regulation, February 2, 2013.

Related Events
09
October 2025
In-Person Event | Hudson Institute
How Promoting Freedom in North Korea Makes America Safer and Stronger
Featured Speakers:
Representative Young Kim (R-CA)
Greg Scarlatoiu
Sean Chung
Rose Jang
Hannah Oh
Moderator:
Getty Images
09
October 2025
In-Person Event | Hudson Institute
How Promoting Freedom in North Korea Makes America Safer and Stronger

Join Hudson Institute for a discussion on the connection between human rights in North Korea and US national security.

Getty Images
Featured Speakers:
Representative Young Kim (R-CA)
Greg Scarlatoiu
Sean Chung
Rose Jang
Hannah Oh
Moderator:
09
October 2025
In-Person Event | Hudson Institute
The View from Bucharest with Foreign Minister Oana-Silvia Țoiu
Featured Speakers:
H.E. Oana-Silvia Țoiu
Getty Images
09
October 2025
In-Person Event | Hudson Institute
The View from Bucharest with Foreign Minister Oana-Silvia Țoiu

With Peter Rough, Foreign Minister Țoiu will discuss Black Sea security, the war in Ukraine, Russia’s hybrid attacks, and Romania-US relations.

Getty Images
Featured Speakers:
H.E. Oana-Silvia Țoiu
10
October 2025
In-Person Event | Hudson Institute
The Deepening Russia-China Partnership
Featured Speakers:
John Lough
Sergey Aleksashenko
Moderator:
Getty Images
10
October 2025
In-Person Event | Hudson Institute
The Deepening Russia-China Partnership

Join Hudson Institute for a panel discussion on how the United States and its allies can combat the rise of this authoritarian alliance.

Getty Images
Featured Speakers:
John Lough
Sergey Aleksashenko
Moderator:
08
October 2025
Past Event
Relearning Great Power Diplomacy: A Conversation with Wess Mitchell
Featured Speakers:
Wess Mitchell
A detail photo of “A Peace Conference at the Quai d'Orsay” by William Orpen. (Wikimedia Commons)
08
October 2025
Past Event
Relearning Great Power Diplomacy: A Conversation with Wess Mitchell

Join Hudson’s Peter Rough for a discussion with Wess Mitchell on the future of great power diplomacy.

A detail photo of “A Peace Conference at the Quai d'Orsay” by William Orpen. (Wikimedia Commons)
Featured Speakers:
Wess Mitchell