FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Z STREET, INC.,
Plaintiff, No.2:IO-cv-04307-CMR
v.
DOUGLAS H. SHULMAN,
IN HIS OFFICIAL CAPACITY
AS COMMISSIONER OF INTERNAL REVENUE,
Defendant.
I, Jon Waddell, pursuant to 28 U.S.C. § 1746, do hereby declare as follows:
1. I am the Manager of Exempt Organizations Determinations Group 7830 (the Touch-and-Go or "TAG" Group). I have held this position since November, 2009. I have been employed by the IRS since August, 1998.
2. On July 23,2010, Bill Angner, a Manager in the Exempt Organizations Determinations Group contacted me regarding Z Street's application for recognition of exempt status and whether or not a referral to the TAG group was appropriate.
3. On that date, I spoke with Bill and reviewed Z Street's application, including website printouts of Z Street's website, www.zstreet.org. I determined that a referral to the TAG group was appropriate because, among other things:
a. The application indicated that Z Sreet could be providing resources to organizations within Israel or facilitating the provision of resources to organizations within the state of Israel; [THERE IS NOT NOW, NOR HAS THERE EVER BEEN, BECAUSE IT IS NOT TRUE, ANY INDICATION AT ALL THAT Z STREET PROVIDES ANYONE OR ANYTHING IN ISRAEL WITH ANY RESOURCES. ADDED BY Z ST]
b. Israel is one of many Middle Eastern countries that have a "higher risk of terrorism." (LR.M. 7.20.6.7.5.2(1). See also http://www.state.gov/s/ct/rls/crt/2008/122433.htm); and
c. A referral to TAG is appropriate whenever an application mentions providing resources to organizations in a country with a higher risk of terrorism. [IN OTHER WORDS, ISRAEL SUPPORTERS ARE TREATED AS IF THEY ARE AS LIKELY TO BE SUPPORTERS OF TERRORISM AS ARE ACTUAL SUPPORTERS OF TERRORISTS BECAUSE TERRORISM HAPPENS IN ISRAEL. ADDED BY Z ST.]
A referral to the TAG group does not indicate that the organization supports terrorism, only that further development is necessary to ensure that the organization will put procedures in place to prevent resources from being used to support terrorism. [FURTHER, THE Z STREET CHARTER SPECIFICALLY OPPOSES TERRORISM AND OPPOSES DEALING WITH TERRORISTS IN ANY WAY./Z ST]
5. For instance, the TAG group ensures that organizations that may provide resources to countries with a heightened risk of terrorism:
a. Are aware of the Office of Foreign Assets Control ("OFAC") requirements regarding providing funds to foreign countries; [HAD Z STREET BEEN ASSIGNED TO THE TAG GROUP AS WADDELL STATES, HOW IS IT THAT 5 MONTHS LATER THE IRS TAG GROUP HAS STILL NOT TAKEN ANY EFFORTS TO ENSURE IT IS AWARE OF ANY OF THESE ISSUES? ADDED BY Z ST]
b. Have procedures in place to ensure that resources are not diverted to individuals and organizations on the OFAC list; and [SEE ABOVE. " "]
c. Have procedures in place to ensure that any grants they give are used for appropriate, charitable purposes. [SEE ABOVE/ " "]
6. Z Street's application was not referred to the TAG group because of an "Israel Special Policy" as alleged in Z Street's complaint.
7. Z Street's application was not referred to the TAG group because its viewpoints on Israel contradict the viewpoints espoused by the Obama administration.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: [Dec. 8, 2010] Jon WADDELL [Original signed]
Manager,
Exempt Organizations Detenninations Group 7830,
Internal Revenue Service.
-
|71.185.82.xxx |2010-12-19 15:48:42 Jill Finder - Are you kidding me?The IRS is going after groups that support Israel against terrorism because Israel is a country where there is a higher risk of terrorism??! So any group that supports a country that has been the victim of terrorism will go through a process that (what is it now, 12 months already) takes longer than does groups that don't specifically support countries victimized by terror?
What about those groups like CAIR and ISNA and NAIT, all of which have tax-exempt status? Is the IRS taking any time to revoke those precious exemptions? No? Why the hell not?
What more insanity are we going to learn as this case continues? I can't wait for the next round. I am glad to see that the government dropped its "you can't sue us because we're the government" argument. Sheesh. What is this, law school by lawyering?
Jill E. Finder
The double crime of this is the IRS is supposed to be apolitical and any non-profit that operates lawfully is entitles to 501 c 3 status.
Z Street has unfortunately gone to war on this and this will delay their getting non-profit status but the insult to Jews and Israel is clear. One whack from a Federal Judge's gavel should put things right.