Howard Stern Wins I-R-S Court Case

Howard Stern

A Massachusetts federal judge has ruled that a private call between an I.R.S. agent and taxpayer Judith Barrigas that was broadcast on The Howard Stern Show was somehow related to collection of taxes and also wasn't "sufficiently personal or intimate in nature." Accordingly, Stern and the U.S. government have beaten privacy and negligence claims by the woman.

According to The Hollywood Reporter, the lawsuit was filed in February 2017 and put the U.S. government in the odd position of having to defend a leak of tax information just as the White House was alleging that it was illegal for MSNBC host Rachel Maddow to share a leak of Trump's 2005 tax returns on her show.

This case emanated from what Stern's radio audience heard on May 19, 2015.

That day, I.R.S. agent Jimmy Forsythe called up The Howard Stern Show, presumably to be a guest. He was put on hold. So Forsythe got back to work and spoke to Barrigas, who had a problem with her taxes. When Stern was ready for Forsythe and put him on air, he was in the midst of a conversation with Barrigas.

Forsythe talked to Barrigas for several minutes without being aware that Stern, Quivers and their audience were listening in and making fun of what was being said.

In response to the lawsuit, the U.S. government argued it had sovereign immunity under the "tax exception" to the Federal Tort Claims Act. Meaning, that it couldn't be held liable for actions, even wrongful ones, made by a federal government employee while acting within the scope of employment.

And how about Stern?

The judge says the disclosed tax information was "imprecise and only roughly identifiable with a particular individual."

Barrigas' name, social security number, address and other identifying information weren't disclosed. Nor did Stern's audience hear the sound of her voice. The only thing that might possibly identify her was disclosure of her telephone number, which was publicly listed."