Public.Resource.org v. United States Internal Revenue Service

Filing 52

Declaration of Kendall Taggart in Support of 47 MOTION for Summary Judgment Plaintiff Public.Resource.Org's Consolidated Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byPublic.Resource.org. (Related document(s) 47 ) (Burke, Thomas) (Filed on 9/29/2014)

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1 2 3 4 5 6 7 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 THOMAS R. BURKE (CA State Bar No. 141930) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: thomasburke@dwt.com RONALD G. LONDON (Pro Hac Vice) DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Ave., N.W., Suite 800 Washington, DC 20006 Telephone: (202) 973-4200 Email: ronnielondon@dwt.com DAVID HALPERIN (Pro Hac Vice) 1530 P Street NW Washington, DC 20005 Telephone: (202) 905-3434 Email: davidhalperindc@gmail.com DAN LAIDMAN (State Bar No. 274482) DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, Suite 2400 Los Angeles, CA 90017-2566 Telephone: (213) 633-6800 Facsimile: (213) 633-6899 Email: danlaidman@dwt.com Attorneys for Plaintiff Public.Resource.Org 16 17 IN THE UNITED STATES DISTRICT COURT 18 THE NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 21 22 23 24 25 26 PUBLIC.RESOURCE.ORG., a California non- ) Case No. 3:13-CV-02789-WHO profit organization, ) ) Plaintiff, ) DECLARATION OF KENDALL ) TAGGART v. ) ) UNITED STATES INTERNAL REVENUE ) SERVICE, ) ) Defendant. ) 27 28 1 Declaration of Kendall Taggart 1 I, Kendall Taggart, declare as follows: 2 1. I am a reporter working for the Center for Investigative Reporting. 3 2. The Center for Investigative Reporting is a nonprofit journalism organization 4 which specializes in in-depth reporting. More than 300 news outlets have featured our work. We 5 were twice finalists for the Pulitzer Prize and we have won numerous other awards, including 6 three George Polk Awards and the Barlett and Steele Gold Prize for investigative business 7 journalism. 8 3. In 2012 and 2013, I worked with my colleague Kris Hundley of the Tampa Bay Times on a series of articles entitled America's Worst Charities. CNN joined our effort in March 10 DAVIS WRIGHT TREMAINE LLP 9 2013 as a third collaborator. The series took a systematic look at non-profit performance and was 11 based on extensive use of the Form 990, state public record laws, and interviews. Copies of those 12 stories may be viewed at http://cironline.org/americasworstcharities. 13 4. The series on America's Worst Charities generated enormous public interest and 14 was viewed more than 10 million times. The database of disciplinary actions we compiled as part 15 of our research is now being used by state regulators. That database can be used by the public and 16 can be found at http://charitysearch.apps.cironline.org. 17 5. As part of our work on the series, we examined over 500 Form 990s. This allowed 18 us to compile metrics such as the percent of revenue spent on solicitation costs. For example, we 19 found that the Kids Wish Network (Employer ID 31-1579097) raised $127.8 million through 20 fundraising solicitation, but $109.8 million of those funds were paid to solicitors and only $18 21 million was available to meet program costs. 22 23 24 6. As part of my work, I use a number of computational tools including the Python programming language and the MySQL and SQLite database management systems. 7. Much of our work on the series America's Worst Charities consisted of manually 25 leafing through scans of non-profit returns and entering data into our database. To be able to 26 provide the public with a decades worth of data from the 50 charities we profiled, we manually 27 entered in 6 fields from 10 years worth of Form 990s. The process took us weeks. An example of 28 2 Declaration of Kendall Taggart 1 the data we collected on Kids Wish Network is available at http://www.tampabay.com/americas- 2 worst-charities/charities/kids-wish-network-inc. 3 8. Working with scans of the Form 990 is a very tedious process. If this data were 4 available in the Modernized e-File (MeF), our work would be substantially aided. With MeF 5 format returns, we could focus much more intensely on analysis of the data instead of data entry. 6 7 8 9. If data were available in MeF format, a simple script in the Python programming language could be used to quickly load a data into a database management system. 10. I do not consider myself a computer programmer or computer expert. Like many other reporters, however, I view basic computer skills as a fundamental tool in my reporting. I 10 DAVIS WRIGHT TREMAINE LLP 9 believe many journalists besides myself would also be able to make very effective use of MeF 11 format IRS forms and that availability of such data will result in more articles that examine the 12 effectiveness and accountability of our nonprofit sector. 13 11. In addition to using the Form 990 for investigative reports such as America's Worst 14 Charities, I consider the Form 990 to be one of the core tools of journalism for a large number of 15 other kinds of articles. For example, if I were to write a profile of an executive who works for a 16 nonprofit corporation or if a nonprofit corporation is the subject of a news article, one of the first 17 sources I would examine is the Form 990 for that organization. In addition, while writing about 18 other topics, I routinely check to see if individuals or companies have ties to a nonprofit, and go to 19 the Form 990 to background those entities. 20 21 22 12. In conclusion, release of the Form 990 in Modernized e-File format would be of great use to me in my work as a journalist. I declare under penalty of perjury under the laws of the United States of America that the 23 foregoing is true and correct and that this declaration was executed this 19 day of September, 2014 24 at Emeryville, California. 25 /s/ Kendall Taggart KENDALL TAGGART 26 27 28 3 Declaration of Kendall Taggart DWT 24628545v1 0200593-000001

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