Ethics panel finds Calif. congressman didn’t violate law or standards of conduct in tax matter

By AP
Thursday, January 28, 2010

Panel clears Calif. congressman on tax question

WASHINGTON — A House ethics panel found Thursday that Rep. Pete Stark did not violate the law or standards of conduct when he applied last year for a Maryland property tax credit.

Stark, D-Calif., saved about $3,800 in 2007 and 2008 through a tax break reserved for those whose primary residence is in Maryland. He received the credit even though he took no affirmative action to get it.

Following passage of a 2007 law, Maryland sent Stark an application to determine eligibility, and he initially indicated he was registered to vote at his Maryland address. That would help make him eligible to continue getting the tax break.

The Office of Congressional Ethics, or OCE, alleged that Stark violated criminal tax law and ethics rules by intentionally filing a false application. But the Committee on Standards of Official Conduct found that Stark had subsequently corrected his response. Further, he did not get the tax break in 2009, as the office had reported.

Lawmakers on the committee concluded that the OCE conducted an inadequate review and subjected Stark to unfounded criminal allegations.

“It is apparent from (the OCE’s) work that they treated Rep. Stark inconsistently with the way they treated four other members of Congress with similar situations whose cases were properly dismissed,” according to the committee.

A spokesman for the OCE disputed the committee’s characterization of its work, saying it had not received the document the committee cited.

“The OCE review focused on what steps Rep. Stark took or did not take to secure the credit, not whether he was successful in securing the credit,” spokesman Jon Steinman said in a statement. “At no time did the OCE subject Rep. Stark to unfounded criminal allegations.”

Stark has said he has agreed to reimburse Maryland for any tax break he was not supposed to receive.

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