A federal judge is allowing a whistleblower complaint to proceed against the Clinton Foundation, ruling the IRS "abused its discretion" in trying to dismiss allegations of nonprofit wrongdoing by one of America's most famous political families.

U.S. Tax Court Judge David Gustafson denied the Internal Revenue Service's request for a summary motion, ruling the whistleblower complaint by John Moynihan, a former Drug Enforcement Agency official, and Larry Doyle, a corporate tax compliance expert, "provided 'specific credible documentation' supporting their allegations" of possible tax-exempt legal violations by the Clinton charity based in Arkansas.

Gustafson said the agency's Whistleblower Office (WB) wrongly denied Moynihan's and Doyle's claims simply because the IRS Criminal Investigation (CI) office sent an email saying the issues in the complaint were closed. The judge said he had reason to believe from the evidence that the IRS and the FBI engaged in some investigative activity.