► San Antonio News-Express – 09/08/10 - Lawmaker per diem under IRS ‘review’ Print E-mail

San Antonio News-Express – 09/08/10 - Lawmaker per diem under IRS ‘review’

Gary Scharrer
 
Lawmaker per diem pay under IRS 'review'
The IRS is reviewing a complaint that many Texas legislators use campaign funds to pay for their Austin lodging instead of their $168 per day per diem.
 
Dave Palmer, a retired disabled military veteran, filed the complaint last month after examining thousands of pages of campaign finance reports filed by state legislators with the Texas Ethics Commission.
 
Palmer, also known as "The Watchdawg," found that most Houston and San Antonio legislators pay their Austin living expenses with campaign money. Lawmakers get about $4,700 a month in per diem pay that is meant to cover lodging and living expenses during legislative sessions. They also get the $168 per diem to attend committee hearings and to take care of official state business during the interim.
 
The ethics watchdog contends that lawmakers should not be pocketing per diem pay - provided by taxpayers - if they are using campaign money to pay their Austin living expenses. They also should be reporting the per diem as income if it's not being used to cover expenes, he says.
 
"As I suspect you know, this type of avarice and tax avoidance is not limited to Democrats or Republicans," the Folsom-based Palmer said in a letter last month to IRS Commissioner Doug Schulman.
 
"We have assigned your inquiry to an IRS business unit for review," Merlene Burnham wrote in a letter to Palmer on behalf of the IRS commissioner.
Citing disclosure laws, IRS officials said they could not discuss the letter.
 
"As a general observation, IRS review of a matter can take many forms ranging from a broad overview environmental scan to targeted examination of a specific taxpayer. We do not confirm or deny specific investigations," said Lea Crusberg of the department's Houston office.
 

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