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Contents contributed and discussions participated by Martin Clayson

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BP Holdings Tax Management about Defending the IRS - 1 views

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    Investigations of the IRS are taking place not only in Congress but also in court. One case, which has developed slowly since it was filed in 2010, reveals much about both the long reach of the agency and the interwoven nature of the broader federal bureaucracy. Defending IRS commissioner John Koskinen against the claims of the pro-Israel group Z Street is Andrew Strelka - and before joining the Department of Justice's civil-trial section, Strelka worked at the IRS for Lois Lerner, who was then the agency's head of exempt organizations. As it happens, this is the very IRS division at which the mistreatment of Z Street is alleged to have occurred - and Strelka worked there at the very time Z Street's application for tax-exempt status was being considered. Scott Coffina, a partner at the Washington, D.C. law firm Drinker Biddle & Reath and a former Justice Department prosecutor says Strelka's representation could violate Washington, D.C.'s rules of professional conduct for lawyers in "several" ways, in particular the rule that prohibits a lawyer from representing a client in a matter where "The lawyer's professional judgment on behalf of the client will be or reasonably may be adversely affected" by his personal interests. "If Mr. Strelka was involved in the targeting of conservative groups," Coffina says, "it is hard to imagine that he can give dispassionate advice. He would have a tough time evaluating the merits of the plaintiff's case and advising his client on strategies in the litigation. He seems to have a personal conflict of interest."
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