A
plaintiff in a lawsuit against the IRS – a suit that has nothing to do
with the political discrimination scandal – is alleging that the tax
enforcement agency destroyed electronic documents in a variety of
formats to cover its demands for unpaid taxes the plaintiff says it does
not owe.
NetJets, an Ohio-based Berkshire Hathaway subsidiary
specializing in jet rental and timeshare ownership of private aircraft,
sued the IRS in 2011 for relief after claiming it overpaid more than
$600 million in ticket taxes that apply to the commercial carrier
category – but not to private plane owners who travel in their
fractionally-owned planes.
According to
The Columbus Dispatch, the government countersued NetJets for failing to “pay its federal tax liabilities…in full.”
“Congress
amended the tax code in 2012, clarifying that the ticket tax does not
apply to operators such as NetJets, whose customers buy fractional
ownership in planes operated and maintained by NetJets,” the Dispatch
reported Wednesday.
NetJets alleged in a recent filing that
important evidence in the case stored on three IRS employees’ computers
had been completely erased, “including the computer of ‘an excise-tax
policy manager and a key decision maker regarding the application of the
section 4261 ticket tax to whole and fractional aircraft-management
companies,’” the Dispatch reported.
That data, the filing alleges,
included emails “and other electronic documents that the Government was
required to produce” – data that NetJets claims would demonstrate the
company’s compliance with the tax code.
On its face, this
allegation has nothing to do with partisan political bullying and
everything to do with squeezing dollars out of U.S.-based businesses and
their customers. If the IRS is guilty of destroying data to cover its
partisan political machinations, is it far-fetched to imagine the agency
wouldn’t also go to similar lengths to preserve its ability to
overreach its enforcement authority?