IRS and the Spoliation of Evidence Legal Standard

Stated simply, when accused parties fail to produce relevant evidence within their control, evidence which they are otherwise naturally expected to possess, our legal system allows and even mandates that unfavorable presumptions be drawn against them. In other words, “the dog ate my homework” isn’t a valid excuse under the law when the disappearance is suspicious. Which brings us to the deepening IRS scandal.


"the dog ate my homework" is an excuse that doesn’t work with teachers.. and the IRS claiming that "hard drive crash" destroyed the evidence… is the same sort of ludicrous statement.. both trying to avoid consequences of bad behavior.


Because both excuses strain credibility, a thorough examination of the facts are in order..especially the claim made by the IRS as it goes to the heart of a system that relies upon an honest, even handed treatment of our citizens. 


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