Tea Party groups targeted by the IRS were operating on a budget

WASHINGTON — Dozens of tea party groups and other conservative organizations of the kind subjected to improper scrutiny by the Internal Revenue Service operated with small budgets and rarely displayed overt partisan activities, according to an Associated Press review of public tax filings by 93 such activist groups. A few groups built million-dollar operations and political ties that could have been legitimate grounds for IRS investigation, tax law experts said.

The AP reviewed 990 tax returns for nonprofit groups that were made publicly available and posted on both the Guidestar and the Foundation Center websites, searching between 2009 and 2011 under the terms “tea party,” ‘’patriot” and other terms frequently used by tea party groups. Several tea party groups also made their tax returns available to the AP. The returns detailed revenues and expenses for the groups, as well as other details. Donors’ identifies, however, are shielded from disclosure under federal tax code provisions.

Only 21 of the 93 groups reported annual gross receipts higher than $25,000 between 2009 and 2011, according to the AP review. The $25,000 figure is a threshold for the IRS because an organization’s financial strength and revenue sources are important factors in determining its tax-exempt status. Nonprofit groups reporting less than $25,000 a year are allowed to file a short-form, postcard tax return instead of a detailed filing — one indication of a low-budget operation.

The median income for all the groups was just $16,700 a year. That figure includes several tea party organizations that boasted million-dollar budgets and a cluster of others with more than $100,000 in annual revenues. The well-funded activist groups were led by the Georgia-based Tea Party Patriots Inc., the nation’s biggest tea party group, which started out with more than $700,000 in annual revenues in 2009 and grew to $20.2 million annually in 2012.

Facing IRS delays in tax-exempt status since late 2010, the Tea Party Patriots also set up a separate “super” political action committee last January, a sign of the group’s growing campaign involvement. Overt political ties and activity are red flags for IRS scrutiny, tax law experts said, and returns from several groups hint in that direction, including voter turnout efforts and rallies. But while the tax returns of many of the groups reflected interests in fiscal responsibility and other pet conservative issues, there was little clear evidence of direct campaign ties.

Some tax law experts said that if IRS officials had considered finances and political involvement in their oversight of the wave of applications by tea party groups in recent years, the agency could have quickly determined whether low-budget groups qualified for tax-exempt status. The agency’s blunder, said former top IRS official Marcus S. Owens, was seizing on every activist group that appeared to have a tea party or “patriot” background.

“The big boys who suddenly look like they won the lottery are the ones who should expect a knock on the door,” said Owens, who headed the IRS’ oversight of tax exempt groups in the 1990s. He added: “The agency should have applied better filters than looking for every tea party group under the rug.”