IRS seeks dismissal of Hunter Biden’s lawsuit over tax disclosure claims
The IRS Seeks Dismissal of Hunter Biden’s Lawsuit Over Alleged Tax Information Disclosure
The Internal Revenue Service (IRS) has requested a judge to dismiss parts of a lawsuit filed by Hunter Biden against the agency. The lawsuit claims that IRS agents unlawfully disclosed his private tax information. In a court filing, the IRS argues that the lawsuit should be dismissed because it includes claims made by agents’ lawyers, who are not U.S. government employees. The agency also states that Biden’s claim for damages is not covered by privacy law.
Claims Made by Hunter Biden
Hunter Biden, the son of President Joe Biden, filed the lawsuit against the IRS in September 2023, citing two claims. The first claim alleges that two IRS whistleblowers, Gary Shapley and Joseph Ziegler, along with their attorneys, improperly disclosed his confidential information. The second claim accuses the IRS of intentionally failing to implement safeguards to protect his information.
The IRS is requesting the judge to dismiss a portion of one of Biden’s accusations and the entirety of his other accusation.
Allegations Against Shapley and Ziegler
Biden’s defense team alleges that Shapley, Ziegler, and their attorneys violated Section 6103 of the Internal Revenue Code by publicly smearing Mr. Biden. Shapley and Ziegler are former IRS criminal investigators who raised concerns about favorable treatment given to the Biden family during the Hunter Biden investigation.
In April 2023, Shapley’s attorney, Mark Lytle, sent a letter to Congress stating that a high-profile government investigation was influenced by preferential treatment and politics. Although Hunter Biden was not named in the letter, media outlets reported that it was related to the Department of Justice’s investigation into his tax affairs.
The IRS points out that Hunter Biden publicly disclosed he was under federal investigation before Shapley and Ziegler approached Congress. However, the agency does not address Biden’s claims against the two whistleblowers.
Current Legal Situation
Hunter Biden is currently facing a nine-count indictment in California for allegedly failing to pay over $1 million in taxes. He has pleaded not guilty and is awaiting trial.
The IRS lawsuit is one of several filed by Biden last year as he adopted a more aggressive strategy to counter allegations against him. Empower Oversight, a group representing whistleblowers, has criticized Biden’s lawsuit as a “frivolous smear.”
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What are the potential implications of the IRS’s request for dismissal in Hunter Biden’s lawsuit for individuals seeking damages for reputational harm?
RS in October 2021, alleging that the agency had unlawfully disclosed his private tax information. The lawsuit claims that IRS agents had accessed Hunter Biden’s tax returns and shared confidential information with third parties, including the media. The alleged disclosure occurred during the heated 2020 presidential campaign, where Hunter Biden’s business dealings became a contentious issue.
Hunter Biden’s lawsuit aims to hold the IRS accountable for violating his privacy rights. It seeks damages for emotional distress and reputational harm resulting from the alleged disclosure. Additionally, it asks the court to prevent the IRS from taking any further action with his tax information.
The IRS’s Response
In a recent court filing, the IRS requested the dismissal of certain parts of Hunter Biden’s lawsuit. The agency argues that certain claims made by Hunter Biden’s attorneys should be thrown out because those attorneys are not U.S. government employees. According to the IRS, only U.S. government employees can be held accountable for their actions, and therefore the claims made against agents’ lawyers should not be part of the lawsuit.
Furthermore, the IRS argues that the claim for damages made by Hunter Biden is not covered by privacy law. The agency contends that the Privacy Act, which provides remedies for individuals whose private information is disclosed by federal agencies, does not cover claims made by individuals seeking damages for reputational harm. Therefore, the IRS contends that Hunter Biden’s claim for damages should be dismissed.
The Implications
This lawsuit and the IRS’s response have significant implications for the protection of private tax information and the accountability of government agencies. If Hunter Biden’s lawsuit is successful, it could set a precedent for holding the IRS accountable for unauthorized disclosures of private taxpayer information.
On the other hand, if the IRS’s request for dismissal is granted, it could limit individuals’ ability to seek damages for reputational harm resulting from the disclosure of their tax information. It would also establish a distinction between government employees and agency lawyers, potentially shielding the latter from legal consequences.
The outcome of this lawsuit will not only impact Hunter Biden’s case but also have broader implications for taxpayer privacy and the extent of government accountability. It raises important questions about the boundaries of privacy law and the responsibilities of government agencies in safeguarding private information.
Conclusion
The IRS’s request for the dismissal of parts of Hunter Biden’s lawsuit against the agency over alleged tax information disclosure highlights the complex legal issues surrounding the protection of private taxpayer information. The outcome of this lawsuit will have broader implications for taxpayer privacy and government accountability. As the case continues to unfold, it will be crucial to closely monitor the court’s decision and its potential impact on the rights of individuals and the responsibilities of government agencies.
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