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Patricia O'Connell
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Special Counsel Eric Wang Weighs in on Proposed IRS Rule

The Daily Caller
February 14, 2014

Eric Wang, special counsel in Wiley Rein’s Election Law & Government Ethics Practice, was quoted in a February 12 article in The Daily Caller about a proposed Internal Revenue Service (IRS) rule covering political activity by nonprofit organizations with a 501(c)4 tax-exempt status.

According to the article, the proposed rule—which would limit “candidate-related activity”—violates the Paperwork Reduction Act, a law that requires federal agencies to estimate the paperwork burden of proposed new rules before making them final.  The IRS has estimated that the proposed rule would result in an additional two hours of record-keeping time.  Mr. Wang told The Daily Caller the agency accounted for only a “sliver” of the proposed rules’ record-keeping requirements in its estimate.

“The IRS grossly underestimates the record-keeping burden” of the new rule, said Mr. Wang, who is also a senior fellow with the Center for Competitive Politics.  “They are required to provide an estimate of the record-keeping burden for the entirety of the rule, and they’ve only provided an estimate—and a faulty estimate at that—for a narrow provision of the rule.”

Click here to read the article.