Republican leaders in the Senate are urging the Internal Revenue Service (IRS) to resist political pressure to update tax rules pertaining to 501(c)(4) groups, or super-PACs.
In a letter sent Monday, Sen. Orrin HatchOrrin HatchDisconnect: Trump, GOP not on same page Overnight Tech: Dem wants to see FCC chief's net neutrality plans | New agency panel on telecom diversity | Trump calls NASA astronaut Lighthizer expected to win committee approval to lead trade office MORE (Utah) and nine other GOP members, urged IRS Commissioner Douglas Shulman to resist "partisan political gains" when it comes to updating decades-old rules pertaining to the nonprofit groups. Signing on to the letter were members of Senate GOP leadership, including Senate Minority Leader Mitch McConnellMitch McConnellDisconnect: Trump, GOP not on same page GOP senator: There will never be full U.S.-Mexico border wall Overnight Tech: Dem wants to see FCC chief's net neutrality plans | New agency panel on telecom diversity | Trump calls NASA astronaut MORE (Ky.) and Senate Minority Whip Jon Kyl (Ariz.).
"Public confidence in the non-partisan integrity of the agency demands that you issue no sub-regulatory guidance nor engage in any similar efforts that would effectuate immediate changes without a lengthy period of review, separated in time from the current heated political environment," they wrote.
In March, seven Senate Democrats sent a letter to Shulman, calling on the IRS to update its regulations on 501(c)(4) groups, requiring that any group identifying as such must adhere to a strict percentage-based cap on political activities. They also said the IRS should require all such groups to disclose upfront to donors how much of their activity is political. The lawmakers added that if the IRS failed to adjust its rules accordingly, they planned to push a bill to do so.
"We urge the IRS to take these steps immediately to prevent abuse of the tax code by political groups focused on federal election activities. But if the IRS is unable to issue administrative guidance in this area then we plan to introduce legislation to accomplish these important changes,” the senators wrote.
But the Republican members in Monday's letter dismissed those concerns as not pragmatic, but political.
"We believe these petitions have less to do with concerns about the sanctity of the tax code and more about setting the tone for the upcoming presidential election, and we urge you to resist allowing the IRS rule-making process to be subverted to achieve partisan political gains," they wrote.
Republican concern was piqued by Shulman's July response to the Democratic urging. In his response, Shulman said the IRS was aware of the concerns and "will consider proposed changes" to the pertinent regulations.
The GOP members said the "ambiguity" of his response raises questions as to whether the IRS is already working on updating the rules, even though it did not identify it as a priority for the years of 2011 and 2012. The members were quick to say they did not have a position on the issue, but urged the IRS to take a more deliberate road in considering updates to existing rules after being pressed on the matter by public officials.
"The regulatory process should be measured, and undertaken with great care," they wrote.
Joining McConnell and Kyl on the letter were Republican Sens. Chuck GrassleyChuck GrassleyTrump eyeing second Supreme Court seat Grassley: Another Supreme Court vacancy likely this summer Sweeping change at DOJ under Sessions MORE (Iowa), Pat RobertsPat RobertsOvernight Energy: Trump to sign orders on offshore drilling, national monuments Watchdog: EPA spending on water pollution campaign was legal Picking 2018 candidates pits McConnell vs. GOP groups MORE (Kan.), Mike EnziMike EnziTrump should work with Congress to block regulations on prepaid cards GOP wrestles with big question: What now? Top Dem: Trump's State Dept. cuts a 'Ponzi scheme' MORE (Wyo.), John CornynJohn CornynDisconnect: Trump, GOP not on same page Juan Williams: Trump's 100 days wound GOP Trump wall faces skepticism on border MORE (Texas), John ThuneJohn ThuneDisconnect: Trump, GOP not on same page Seven major players in Trump's trillion infrastructure push Trump’s great tech opportunity is in spectrum sharing MORE (S.D.), Lamar AlexanderLamar AlexanderGroups warn of rural health 'crisis' under ObamaCare repeal Trump’s Army pick faces tough confirmation fight Trump faces risky ObamaCare choice MORE (Tenn.), and Kay Bailey Hutchison (Texas).
Sen. Charles SchumerCharles SchumerSchumer: 'Good for country' if Trump punts on border wall fight GOP senator: There will never be full U.S.-Mexico border wall GOP fundraiser enters crowded primary for Pa. Senate seat MORE (D-N.Y.), who co-signed the March letter sent by Democrats, contended Monday that Republicans were the ones applying the pressure.
"The only thing missing from the Republicans’ letter is the ‘or else,'" he said in a statement. "This unsubtle threat is clearly designed to put a chilling effect on the agency’s enforcement of the law. The IRS should not be bullied into looking the other way."
This post updated at 5:27 pm.